Domestic Violence in India

Author: Anjali Kumari

Teerthanker Mahaveer University

BBA LLB (Hons) 

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Now a day, Domestic violence becomes the biggest curse for our society. It is also called ‘Domestic Abuse’ or ‘Intimate Partner Abuse’.

Domestic violence is mainly committed by someone in a domestic circle such as in a closed non-ventilated room of a Domestic area. The forms of domestic violence are:-

• Child abuse
• Senior abuse
• Honor-based violence such as honor killing, female genital mutilation (‘Female circumcision’) and forced marriage i.e. marriage without consent
• All forms of abuse by a snug partner or antecedent snug partner, including psychological abuse and stalking.

Domestic violence includes torture by their mates, ex-mates, immediate family members, other relatives and also family friends. Though women form the largest group of victims, however, sometimes men, children, old i.e. elderly people can also be the victim of domestic violence. Domestic violence occurs in every part of our society, not even in poor or less educated family, even the rich and educated family of our society is also the part of this crime. Abuse is usually tolerated able, but not always. It cannot be tolerated when people can no longer deal with caring for relatives or strangers. In this situation abusing becomes the part of domestic violence.

Causes of Domestic Violence:

There are thousands of causes of domestic violence which our society is facing, some of them are:

• Sociological/Behavioral Factors: – The sociological, behavioral and cultural factors include factors like anger issues/aggressive attitude, poverty/bad economic condition, difference in status, controlling/dominating nature, drug addiction, upbringing and psychological instability among others. Forget of marital responsibilities due to adulterate affairs or shortfall of trust also put up to domestic violence in our society.
• Historical Factors: – Historical Factors can be traced back to the immanent evil of patriarchy and superiority complex that has prevailed for centuries among men.
• Religious Factors: – A subtle form of domination on women, if not direct and vulgarly ostentatious, reflects in the religious consecrate. This also contributes to commit of domestic violence.
• Cultural Factors: – Cultural Factors which leads to domestic violence include not having girl child and the desire for a male child. This obsession resulting from the lack of awareness and inherent male superiority leads to perpetration of domestic violence against women, this is not a thoroughgoing list of elements and the stimulation or set off behind domestic violence may deviate.
• Dowry: – Dowry is a combination of social and cultural factor. But, it becomes a need to mention it separately because of the rampant domestic violence cases resulting from illegal demand of dowry. This was noticed by the parliament that domestic violence related to dowry gives completely different and the prior reason of abuse resulting to domestic violence under the domestic violence act.

Now it’s time to raise voice against domestic violence. Because,

IT IS NOT OKAY

• To be humiliated in public
• For you to do something unwillingly you do not agree with
• To be told you are vicious or repulsive
• So many times we are told that nobody would love you as your boyfriend/girlfriend does
• To be forced to choose between your girlfriend/boyfriend and your friend
• To be controlled
• To be made to feel blamable for somebody else’s anger. It is their problem not your mistake.

Laws Regarding Domestic Violence:

Domestic violence is a communal evil widespread all around us. It is time to do something that should have been done a long time ago that is to stop ignoring and start preparing ourselves to fight against it.

In India there are three laws that directly deals with domestic violence, these are-

• The Safeguard of Women from Domestic Violence Act, 2005.
• The Dowry Prohibition Act, 1961.
• Section 498A of the Indian Penal Code.

The Safeguard of Women from Domestic Violence Act, 2005:- It is a civil law that provides protection to women in a household, from men in the household. This law not only protects women who are married to men but also protects women who are in live-in relationships, as well as family members including mothers, grandmothers, etc. Under this law, women can contemplate protection against domestic violence, financial remuneration, the right to live in their generally known household, and they can get conservation from their abuser in case they are living away from each other.

The Dowry Prohibition Act, 1961:- This is a criminal law that punishes the taking and giving of dowry. Under this law, if someone is willing to take, give or even demand dowry, they can be sent to jail for 6 months or they can be fined up to Rs 5,000.

Section 498A of Indian Penal Code: – This law helps women who are facing violence at home. This is a subject of criminal law, in which husbands or relatives of husbands who are cruel to women had to face court proceedings. Cruelty refers to any action that forces a woman to suicide or causes serious injury to her life or health – including mental health – and also includes harrying in the name of dowry. If found, people can be sent to jail for up to 3 years under this law.

Domestic violence is the biggest curse we are stuck in. It’s the latest possible moment that we stop ignoring it, and start furnishing ourselves to get out of this toxic thing.

VIOLENCE NEEDS TO STOP. ALL OF US – MEN AND WOMEN – NEED TO RAISE OUR VOICES AND ASSURE OUR CHILDREN THAT VIOLENCE CAN NEVER BE THE SOLUTION. FOR MAKING A DIFFERENCE, WE HAVE TO STAY TOGETHER. JUST START IT WITH YOUR OWN.

Relevant links : 

1. https://www.lawordo.com/?s=Domestic+Violence+in+India
2. https://www.lawordo.com/marriage-a-license-of-rape/
3. https://www.lawordo.com/does-this-era-need-mob-lynching-law/
4. https://www.lawordo.com/pocso-act-overview/