CHAPTER-1 INTRODUCTION Violence against women and girl continues to be a global epidemic that kills, torture and maims physically, psychologically, sexually and economically. It is one of the most pervasive of human rights violations denying women and girl’s equality, security, dignity, self worth and their rights to enjoy fundamental freedoms. This paper focuses specifically on domestic violence, the most prevalent yet relatively hidden and ignored form of violence against women and girls. Domestic violence is a complex issue to research as the extent and forms of its occurrence remain largely hidden and there is a great degree of social acceptance of the issue. Meaning of domestic violence Domestic abuse, also known as spousal abuse, occurs when one person in an intimate relationship or marriage, tries to dominate and control the other person. The definition of domestic violence is a pattern of coercive behavior design to exert power and control over a person in an intimate relationship. This is done through the use of intimidate, threatening, harmful or harassing behavior. Domestic violence is also called as wife assault, which aims any physical act of aggression by man against women with whom he was an intimate relationship whether it is sexual or emotional. Domestic violence could also be among members of family. Domestic violence can be physical, or psychological. It happens everywhere and it doesn’t matter what the age, gender, race, sexuality, wealth and geography is. It is shown with research that domestic violence created by a man against women and very often children are also affected. Domestic violence is not confined to homicidal deaths by way of stabbing, strangulating or burning them alive. Rather it includes minor offence like pulling of hair, pinching, pushing, hitting, throwing boiling water and acid. What is the most serious about the domestic violence is that it is done at place which is considered to be safest.1
Definitions 1
. Vibha Arora and Dr.S.C. Tripathi ,“law relating to women and children” Central law publication 2008 p.86
1
1. Domestic violence is inflicting of physical injury by one family or household member on another, also a repeated or habitual pattern of such behavior2 2. Domestic violence has been defined as physical abuse, sexual abuse, economic abuse and harassing and damage or destruction of property. The following has been considered to domestic violence.
Use of violence including hitting, punching, slapping, kicking, showing, cloaking or biting
Forcible sex when the women does not want
Humiliation of women
Compelling a women to undergo a sex selection test
Demands for dowry
Any other criminal act of result or battery.3
Domestic violence means any act, omission or conduct which is of such a nature as to harm or injure or has the potential of harming or injurious to health, safety or well being of the person aggrieved in the domestic relationship. It includes:
Physical abuse
Sexual abuse or a threat to sexual abuse
Verbal and mental abuse
Economic abuse.
Domestic Violence Against Women 2
.www.merriam-webster.com/dictionary/domestic violence visited on 14/04/2013. Amarjeet Mahajan, Madhurima, “Family Violence and Abuse in India” Deep and Deep publication, New Delhi,1995. p2. 3
2
This form of domestic violence is most common of all. One of the reasons for it being so prevalent is the orthodox and idiotic mindset of the society that women are physically and emotionally weaker than the males. Though women today have proved themselves in almost every field of life affirming that they are no less than men, the reports of violence against them are much larger in number than against men. The possible reasons are many and are diversified over the length and breadth of the country. According to United Nation Population Fund Report, around two-third of married Indian women are victims of domestic violence and as many as 70 per cent of married women in India between the age of 15 and 49 are victims of beating, rape or forced sex. In India, more than 55 percent of the women suffer from domestic violence, especially in the states of Bihar, U.P., M.P. and other northern states. The most common causes for women stalking and battering include dissatisfaction with the dowry and exploiting women for more of it, arguing with the partner, refusing to have sex with him, neglecting children, going out of home without telling the partner, not cooking properly or on time, indulging in extra marital affairs, not looking after in-laws etc. In some cases infertility in females also leads to their assault by the family members. The greed for dowry, desire for a male child and alcoholism of the spouse are major factors of domestic violence against women in rural areas. There have been gruesome reports of young bride being burnt alive or subjected to continuous harassment for not bringing home the amount of demanded dowry. Women in India also admit to hitting or beating because of their suspicion about the husband’s sexual involvement with other women. The Tandoor Murder Case of Naina Sahni in New Delhi in the year 1995 is one such dreadful incident of a woman being killed and then burnt in a Tandoor by his husband. This incidence was an outcome of suspicion of extra marital affairs of Naina Sahni which led to marital discord and domestic violence against her. In urban areas there are many more factors which lead to differences in the beginning and later take the shape of domestic violence. These include – more income of a working woman than her partner, her absence in the house till late night, abusing and neglecting in-laws, being more forward socially etc. Working women are quite often subjected to assaults and coercion sex by employees of the organization. At times, it could be voluntary for a better pay and designation in the office.
3
Violence against young widows has also been on a rise in India. Most often they are cursed for their husband’s death and are deprived of proper food and clothing. They are not allowed or encouraged for remarriage in most of the homes, especially in rural areas. There have been cases of molestation and rape attempts of women by other family members in nuclear families or someone in the neighborhood. At times, women are even sexually coerced by their partner themselves against their will. They are brutally beaten and tortured for not conceiving a male child. Incidents like, ripping off a woman’s womb for killing the female fetus when she disagrees for abortion have also come to light especially in rural areas. Female foeticide and female infanticide continue to be a rising concern. Also as expressed by Rebecca J. Burns in the following lines, “When I am asked why a woman doesn’t leave abuser I say: Women stay because the fear of leaving is greater than the fear of staying. They will leave when the fear of staying is greater than the fear of leaving.” A common Indian house wife has a tendency to bear the harassment she is subjected to by her husband and the family. One reason could be to prevent the children from undergoing the hardships if she separates from the spouse. Also the traditional and orthodox mindset makes them bear the sufferings without any protest. Other forms of physical abuse against women include slapping, punching, grabbing, burdening them with drudgery, public humiliation and the neglect of their health problems. Some of the other forms of psychological torment against them could be curtailment of their rights to selfexpression and curbing the freedom to associate with the natal family and friends.
CHAPTER – 2
4
CONSTITUTIONAL AND LEGAL PROVISIONS FOR PROTECTION OF WOMEN Criminal Law In India the Criminal Law is substantially based on the Indian Penal Code, 1860, however, it is supplemented by the special laws. i.
The Indian Penal Code, 1860.—There are certain provisions under the Indian Penal Code, 1860 which deal with offence in the form of domestic violence against women. These are as under : a) Dowry death.—According to Section 304-B IPC where death of a married woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of marriage and if it is established that soon before her death she was subjected to cruelty by her husband or his relatives, such death of a married woman is treated as "dowry death". b) Forceful termination of pregnancy amounts to violence at home.—In the view of Sections 313 to 316 of I.P.C. female infanticide or forcing the wife to terminate her pregnancy are also varieties of domestic violence which is recognised as an offence under the Penal Code. c) When Woman is driven to commit suicide 4.—On account of domestic violence specially brides are subjected to harassment for demand of dowry and compelled to commit suicide. Abetment of suicide of a disordered mental state of person is an offence punishable with death or 10 years of life imprisonment as provided under Sections 305 and 306 of the I.P.C. d) Causing hurt and grievous hurt.—It is a common form of domestic violence. Section 319 of the Penal Code defines the expression "hurt", as causing bodily pain, injury, infirmity and disease to any person, however, serious hurt is termed as grievous hurt under Section 320 of the Penal Code.
4
Dr. S.C. Tripathi and Vibha Arora, “Law Relating to Women and Children”, 3rd Edition 2008, p. 29.
5
e) Unlawful Confinement.— It is also one of the forms of domestic violence, when a woman's movement is restrained or confined within the four walls of house. It is a common form of domestic violence which is an offence punishable under Sections 339 and 340 of the Indian Penal Code. f) Marital rape.— Another common form of domestic violence is in the form of marital rape. Where wife is living separately under a decree of judicial separation or under any custom and the man is having sexual intercourse with his own wife without her consent it amounts to offence under Section 376-A of the Indian Penal Code. g) Misappropriation of the wife's property.— Within a view to make wife economically dependent the grabbing of her property by husband is a common form of domestic violence. According to Section 405 read with Section 406 of the Indian Penal Code dishonest misappropriations or conversion of wife's property for his "own use by the husband which the wife has entrusted to her husband, amounts to criminal breach of trust and an offence punishable under aforesaid section of the Code. h) Matrimonial Cruelty.—Under Section 498-A of the Indian Penal Code, 1860 matrimonial cruelty whether it is physical or mental is an offence. The terms "cruelty" under the said section has wide scope to include various kinds of other cruelty. ii.
The Dowry Prohibition Act, 19615.—This is a special law enacted to deal with the social evil of dowry Viz., demand for property or valuable security having an inextricable link with the marriage. In such circumstances the married woman is often subjected to domestic violence at her matrimonial house. As contemplated in Section 3 of the said Act the giving and taking of dowry is a criminal offence.
iii.
The Commission of Sati Prevention Act, 1987.—"Sati" is one of the oldest forms of domestic violence which prevailed in society but curbed in he last century. The
5
Ibid, p. 30.
6
expression "Sati" means the burning or burying alive of widow along with the body of her deceased husband."6 iv.
The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.—Female infanticide or forced termination of pregnancy is a specific form of domestic violence. This Act regulates the forced termination of female fetus, it permits termination of pregnancy only for medical purpose.
Civil Law In India Civil Law too addresses the problem of domestic violence. The victim of domestic violence can seek civil relief under the following Acts : a)
The Dissolution of Muslim Marriages Act, 1939.—According to Section 2 (viii) of the Dissolution of Muslim Marriages Act, 1939 "cruelty" means : i.
Habitually offending the wife or ill treating her.
ii.
Forcing wife to lead immoral life.
iii.
Disposing of wife's property without obtaining her consent.
iv.
Not allowing her to observe religious practice.
Under the aforesaid Act the victim of violence at home can seek divorce on the ground of cruelty. b)
The Hindu Marriage Act, 1955.-According to Section 13(1) (a) of the Act, 1955, cruelty is a legal ground for divorce. Though the term "cruelty" has not been defined under the said Act but it is taken to mean acts of physical as well as mental cruelty. Section 10 of the Act provides relief as to judicial separation, so the wife can get rid of her husband’s abuse by living separately under the order of the court.
c)
Other matrimonial enactments.- There are other matrimonial laws wherein the term "cruelty" qualifies as domestic violence. The Special Marriage Act, 1954, the Indian Divorce Act, and The Parsi Marriage and Divorce Act, all enactments
6
Section 2 of the Commission of Sati Prevention Act, 1987. 7
recoganise "cruelty" as a valid ground for divorce. It is a settled legal position that the term 'cruelty' includes domestic violence and civil relief available to wife.7 Kinds of Domestic Violence In fact, it is a herculean task rather impossible to summarise the kinds of domestic violence faced by the women in India. Passing of abusive remarks, taunting, curtailment of basic needs such as food, clothing and medical assistance in case of sickness etc. are the part and-parcel of domestic violence though these acts or conduct are not judicially recognised. There are some judicially recognised kinds of domestic violence. These are as under: i.
Dowry Death
ii.
Abetment to commit suicide
iii.
Cruelty
iv.
Hurt and grievous hurt
v.
Wrongful restraint and wrongful confinement
vi.
Sexual intercourse during judicial separation
vii.
Bigamy
7
Supra Note 6, p64.
8
Forms of violence experienced by almost every married woman.8 Legal response to Domestic Violence a. Provision under Constitutional Law: The constitution of India confers a catena of rights upon women. Our reversed constitution makers were well aware of the subordinate and backward position of women in our society. They therefore made conscious efforts for improving the entire situation in favour of women9. There are certain provisions in the constitution which protect the rights of women. Article 14 provides equality to all men and women irrespective of their caste, religion, creed and place of birth. Article 15(1) prohibits gender discrimination. Article 15(3) lifts that ignoring and permits the state to positively discrimination in favour of women to make special provisions to a meliorate there, social, economic and political condition. Article 21 confers right to life and personal liberty in negative term guaranteeing that it shall not be taken away except according to the procedure established by law. The scope of this article has been widened by the Supreme Court of India to include right to live with human dignity, right to be free of violence, right against insulted, right to shelter, right to health and medical assistance, right to education and right of a women to merry anyone she likes or live with anyone she likes, which are relevant in the context of domestic violence against women. b. Domestic Violence and Civil Law Domestic violence is not recognized as an issue in itself under civil law. The only specific recognition of domestic violence is the concept of 'cruelty' as a ground of divorce or judicial separation under the matrimonial proceedings. Outside matrimonial proceedings, abused women can obtain an injunction from the civil court or the family court restraining her husband from abusing her physically and mentally. The main pitfall of civil injunction orders is ineffective means of enforcing them. Only contempt of court can be filed against violator.10 8
http://www.nfhsindia.org/NFHS-3%20Data/Press%20Briefing%20Kit/Domestic%20Violence visited on 17/4/2013 Supra Note-3, p.. 10 Lalit Dadwal & Kusum Chauhan, “Domestic Violence causes, Consequences, Legislative and Judicial response”, Indian Bar Review, Vol XXXIV (1 to 4) 2007, p.224. 9
9
c. Domestic Violence and Criminal Law All forms of physical violence and some forms of emotional abuse are covered under various sections
of the Indian Penal Code such as
Dowry Death(Sec.
304-B), Female
Foeticide/Infanticide (Sec. 313-316), Abetment of Suicide (Sec. 306), Hurt and Grievous Hurt (Sec. 319-326), Wrongful Restraint or Wrongful Confinement (Sec. 339, 340), Marital Rape (Sec. 376-A), Unnatural Offences (Sec. 377), Criminal Breach of Trust (Sec. 405, 406), Bigamy (Sec. 494, 495). Adultery(Sec, 497), Cruelty (Sec. 498-A) and Section 113-A and 113--B of the Evidence Act, 1872.11 d. The Protection of Women from Domestic Violence Act, 2005 In order to protect the rights of women who are victims of violence of any kind occurring within the family and to provide for matters connected therewith or incidental thereto, the Parliament enacted the Protection of Women from Domestic Violence Act, 2005 which came into effect from 26th October, 2006. The Act was passed by the Parliament in August, 2005 and assented by the President on September 13, 2005. The Act is primarily meant to provide protection to wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women who are sisters, widows or mothers. Domestic violence under the Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition. The Act also recognises the woman's right to secure housing, whether or not she has any title in the household. It has been realised since long that domestic violence is widely prevalent but has remained largely, invisible in the public domain and Section 498-A, IPC does not address itself fully to this devastating problem since it is confined only to protect woman against cruelty by her husband or his relatives.
11
. http://mha.nic.in/pdfs/IPC1860.pdf visited on 17/04/2013
10
The main features of the Protection of Women from Domestic Violence Act, 2005 are as follows12:— i.
any conduct of relative of the victim which subjects her to habitual assault, or makes her life miserable, or injures or harms, or forces her to lead an immoral life would constitute domestic violence;
ii.
the Judicial Magistrate of the first class or the Metropolitan Magistrate may take the cognizance of domestic violence and a protection order requiring the relative of the woman to refrain from committing an act of domestic violence, or pay monetary relief which is deemed fit in the circumstances or pass any other direction as he may consider just;
iii.
the Magistrate may even require as an interim and urgent measure from the relative of the woman to execute a bond, with or without sureties, for maintaining domestic peace;
iv.
the violation, by the relative, of the order made by the Magistrate would constitute an offence punishable with imprisonment upto one year, or with fine, or with both;
v.
Protection Officers are appointed under the Act, to help the victim of domestic violence in making application to the Magistrate and in availing of her legal rights;
vi.
such Protection Officers shall be appointed by the State Governments and they shall possess such qualifications as may be prescribed by the Central Government; and
vii.
Protection Officer shall be deemed to be a public servant within the meaning of Section 21 of IPC, and if he fails or refuses to discharge the duties as directed by the Magistrate, his act shall amount to be an offence punishable with imprisonment upto one year, or with fine, or with both.
CHAPTER-3 ROLE OF JUDICIARY 12
. https://www.domesticviolences.com/domestic-violence-act-2005/ visited on 17/04/2013.
11
Judiciary plays a very significant role to provide justice to the victim. It is a custodian of Indian Society. The Judiciary and inspiring judgments has been bedrock of social justice 13. The concepts of social justice would a myth it protection could not be provided to the women for the violation of their rights with a collage of Constitutional and legislation provisions the judiciary took up cudgels against the exploitation and violation of rights of women. In Kundula bala Subramaniam v State of A.P.14, the apex court referred to the important role of the courts in dealing with cases of dowry related violence. Such cases ought to be dealt with a more realistic manner and criminals should not be allowed to escape on account of procedural technicalities or insignificant lacuna in the evidence, the courts are expected to be sensitive in cases involving crime against women. In Arvind Singh v. State of Bihar 15, Supreme Court held that
wife
burning is an unfortunate trend and a growing menace to the society which does’t warrants any sympathy but this does not mean non-adherence to basics of the law. In Vithal Tukaram more and others v. State of Maharastra16, Supreme Court observed that, it is true that such crimes against married women are generally committed with in the four walls of a house and many times in secrecy. Independent eye witness or other direct evidence is scarcely available to the prosecution. But that is no reason to rely on circumstantial evidence which is not of required standard and bose conviction on surmise. In Maharaja Nadar V/s Muthu Rani Ammal,17 the court held that accruing women that she is a barren lady would amount cruelty. In chintag unti Jaganadharm V/s Savitharamma,18 held that to establish legal cruelty, it is no necessary to prove that the husband had beaten has more than once. In Asha V/s Baldev Raj19, the husband was overbearing, harsh and abusive and also resorted to violence on accessions it was held that the conduct of amount to cruelty. In another case Karnail Singh V/s Bhupinder Kaur 20, the husband kicked off the kettle towards wife and burnt her hand. It was held as clear case of cruel treatment on the party of the husband to his wife in Smt. Sumanbai V/s A.O. Panipat21, it was held that baseless imputation by the husband alleging unchastely of wife amends to cruelty. In
13
Mamta Rao,” Law relating to women & children” 2005, P-430. (1993) 2 Scc 684 15 (2002) 6 Scc 407. 16 (2002) 7 Scc 20. 17 AIR 1984 MAD 376. 18 AIR 1972 A.P. 377. 19 AIR 1985 DEL 76 20 AIR 1973 PH 19 21 AIR 1976 BOM 212. 14
12
Latita V/s Radha Mohan,22 It was held that keeping a concubine under the same roof wanted amount to cruelty. In Gangadharan V/s Madu Kaur23, it was well established that Herbal abuse and insults and use to filthy and abusive language amount to cruelty in Vijay Kumar Sharma V/s State of UP24, Allahabad High Court held that taking away the child without the correct or knowledge of the child’s mother and particularly without informing her amounted to cruelty. In this way judiciary try to protect the women from the domestic violence. Legislative and judiciary has been doing its jobs in a respectable way but lot has to be done and that too in an effective way.The Supreme court in Nepal singh V/s State of Haryana,25 explained that doubts would be called reasonable if they are free from zest for abstract speculation. Law cannot afford any favourite other then the truth. To constitute reasonable doubt, it must be free from over emotional response. Doubt must be actual and substantial Vague as to guilt of accused persons arising from evidence or from lack of it, as opposed to mere the apprehensions. A reasonable doubt is not an imaginary, trivial or a merely possible doubt, but a fair doubt based upon reason and common sense. Epilogue: Despite the galaxy of laws, the position of women is still deplorable. It clearly indicates that a superficial acceptance of modern motions of equality of sexes is scarcely enough to combat centuries old patriarchal ideas and institutions. So attempts shared be made both by the Governmental sponsored agencies and other social organizations to introduce attitudinal charges in the society towards the women empowerment is another way to success in this direction. Laws alone are not enough to change the mind set of society. The concept of equality should be accepted by the society in the true sense of the term. The preference is given to males in this male dominated society in the root cause of domestic violence. Therefore, if the equality is ensured in the real sense of the term, the evil of domestic violence can be cured.
CHAPTER-4 FACTORS OR CAUSES OF DOMESTIC VIOLENCE 22
AIR 1976 (Raj) 26 AIR 1988 Kar 244. 24 1991 (1) Crimes 298. 25 AIR 2009 S.C.2913. 23
13
Causes There is no one single factor to amount for violence perpetrated against women. Several complex and interconnected institutionalized social and cultural factors have kept women particularly vulnerable to the violence directed at them, all of them manifestations of historically unequal power relations between men and women. Factors contributing to these unequal power relations include: socioeconomic forces, the family institution where power relations are enforced, fear of and control over female sexuality, belief in the inherent superiority of males, and legislation and cultural sanctions that have traditionally denied women and children an independent legal and social status.26 Factors that perpetuate Domestic Violence.27 1. Cultural Gender-specific socialization Cultural definitions of appropriate sex roles Expectations of roles within relationships Belief in the inherent superiority of males Values that give men proprietary rights over women and girls Notion of the family as the private sphere and under male control Customs of marriage (bride price/dowry) Acceptability of violence as a means to resolve conflict The quantum and frequency of domestic violence differs from society to society but the basic reasons for it remain almost common and there can be numerous reasons for domestic violence. 26
Supra Note-3.p.110 Domestic Violence against women and girls. http://www.unicef-irc.org/publications/pdf/digest6e.pdf visited on 2/03/2013 27
14
1. Economic factors: economic factors were measured by looking at the following variables.
Women economic dependence on men.
Limited access to cash and credit.
Discriminatory laws regarding inheritance and property, its use of communal lands.
Maintenance after divorce or widowhood.
Limited access to employment in formal and informal sectors.
Limited access to education and training.
2. Legal factors: legal factors are measured by looking at the following variables: Lesser legal status of women either by written law and / or by practice. Law regarding divorce, child custody, maintenance and inheritance.
Legal definition of rape and domestic abuse.
Low level of legal literacy among women.
Intensive treatment of women and girls by police and judiciary
3. Political factors: political factors were measured by looking at following variables:
Under representation of women in power, politics, media
In legal and medical profession, the domestic violence is not taken seriously.
Notion of family being private and beyond control of state, risk of challenge to status quo religious law.
15
Limited organization of women as on political force and limited participation of women in organized political system
4. Other factors:
Alcohol causes men to beat there partners.
Extra marital affairs of either partner are another major cause and obvious reason.
Poor or no communication between partners. This can lead to serious misunderstanding and lack of concern for each other, leading to violence.
Economic depression, newly the loss of jobs and inability to purchase necessity items.
Unfavorable and frustrating work conditions or low job satisfaction.
16
CHAPTER-5 EFFECTS AND CONSEQUENCES OF DOMESTIC VIOLENCE Effect on the victim and the family Consequences of Violence Against Women Battered women have tendency to remain quiet, agonised and emotionally disturbed after the occurrence of the torment. A psychological set back and trauma because of domestic violence affects women’s productivity in all forms of life. The suicide case of such victimised women is also a deadly consequence and the number of such cases is increasing. A working Indian woman may drop out from work place because of the ill-treatment at home or office, she may lose her inefficiency in work. Her health may deteriorate if she is not well physically and mentally. Some women leave their home immediately after first few atrocious attacks and try to become self-dependent. Their survival becomes difficult and painful when they have to work hard for earning two meals a day. Many such women come under rescue of women welfare organizations like Women Welfare Association of India (WWAI), Affus Woman Welfare Association (AWWA) and Woman’s Emancipation and Development Trust (WEDT). Some of them who leave their homes are forcefully involved in women trafficking and pornography. This results in acquiring a higher risk of becoming a drug addict and suffering from HIV/AIDS. Some of course do it by their choice. One of the severe effects of domestic violence against women is its effect on her children. It is nature’s phenomenon that a child generally has a greater attachment towards the mother for she is the one who gives birth. As long as the violence subjected to the mother is hidden from the child, he/she may behave normally at home. The day when mother’s grief and suffering is revealed, a child may become upset about the happening deeply. Children may not even comprehend the severity of the problem. They may turn silent, reserved and express solace to the mother. When the violence against women is openly done in front of them since their childhood, it may have a deeper and gruesome impact in their mindset. They get used to such happenings at
17
home, and have a tendency to reciprocate the same in their lives. It’s common in especially in rural homes in India which are victimised by the evil of domestic violence. In cases of Intimate Partner Violence (IPV), violence against women leads them to maintain a distance from their partner. Their sexual life is affected adversely. Many of them file for divorce and seek separation which again affects the life of children. Some continue to be exploited in lack of proper awareness of human rights and laws of the constitution. Girls also develop a feeling of insecurity in their homes when they are sexually exploited. They lose their self-confidence and desire for living. A girl child from violent home can withdraw from society and become completely depressed. Children from violent homes become disobedient and violent – and start using aggression to solve their problems. Adolescents may succumb to drugs and alcohol when treated harshly. Some helpless and abandoned children are picked up gangs who sell their organs for making huge amount of money. In most of the cities, the groups of beggars at traffic lights or railway platforms are the abandoned children who are physically deformed forcefully for begging. The children who escape being a part of this vicious circle are looked after by children welfare organizations like, Indian Child Welfare Association (ICWA), Child Relief and You (CRY) and ChildLine etc. Effect of domestic violence on society Violence against women may keep them locked in homes succumbing to the torture they face. If they come out in open and reveal the wrong done to them for help and rescue, it influences the society both positively and negatively. At one hand where it acts as an inspiration and ray of hope for other suffering women, on the other hand it also spoils the atmosphere of the society. When something of this kind happens in the society, few families may witness the evil of domestic violence knocking their door steps. Some families try to imitate what others indulge in irrespective of it being good or bad for the family. There are serious consequences of domestic violence on the victim society as well as perpetrator. 1. Violent physical acts of ten produce harm other type of maltreatment can also have physical consequence.
18
2. Emotional mistreatment can produce physical squalor.28 3. Most maltreated children doesn’t become delinquent and even smaller number of them advances to criminality. 4. Sexually and physically abused girls are at a greater risk for later abuse, and dependence of alcohol and drug. 5. Victim of sexual abuse exhibit stress, related symptoms like fear, anxiety, sleep disturbance, depression and aggression and domestic violence reaches menacingly into the next generation. Today violent husband are yesterday’s children of violent of parents children are violent fathers often tend to be violent husband. 6. Studies strongly indicate that domestic violence is a key component of social problems inducing street children, child labour and prostitution. 7. Domestic violence effects the healthy development and productivity of all societies. 8. In addition to morbidity and morality, violence against women lets to psychological trauma, depression, substance, abuse, injuries, sexually transmitted disease and HIV infections, suicide and murder.29 So far, as the effected family is concerned it would break up women deprived of their income may face to provide for their families and children who grow up witnessing violence may become victim and abases. 9. In matter of public health, violence degrade effects debilities women and girls physically handicapped. Psychological and socially, sometimes with lifelong results.
28
.Dolly Singh, “ Child Rights and Social Wrongs: An Analysis of Contemporary Realities” vol.2 Kanishka Publishers distributors, New Delhi-2001 p.31 29 .www.indialaw.com.7-2-2013
19
CHAPTER -5 CONCLUSION & SUGGESTIONS Conclusion Having looked at a sensitive topic of “Domestic Violence in India”, we can sense the importance of discussion of such a topic. The varying causes which can spark the violence within the four walls of homes need to be analysed carefully and a wise study of the factors causing the violence may prevent a family to suffer from the menace of domestic violence. The domestic violence may have a far wider and deeper impact in real life than what has been covered in this essay. What is required is to see closely the association of the factors provoking a particular form of domestic violence. If these factors can be controlled then more than one form of violence can be prevented from harming an individual or our society and India would be a much better place to live in. Domestic violence occurs across the world regardless of age, gender, class, cast and education. Figures reveals that Domestic Violence consist mainly of Violence done on Women by Men in relation. Women who are victim of Domestic abuse suffer on health, education and mental fronts. So Domestic Violence is more family dispute now, It has become legal problem. Domestic Violence is now considered as Violence of right of life and personal liberty which is one of the important fundamental right guaranteed under our constitution. As rights accorded by the constitution a number of laws have been enacted to improve the state of Women, but neither the constitution nor the laws have been successful in changing the plight of Indians Women. Women continue to be the victim of Domestic Violence as a result of which they remain dependent socially, economically and psychologically upon their partners. A comprehensive law was require covering all aspects of Domestic Violence, like preventive measures, punishment, legal and social safeguards against further repetition of Domestic abuse. It was therefore, required to enact a comprehensive law on Domestic Violence.
20
Thus, Indian Parliament in 2005 enacted Protection of Women from Domestic Violence Act. It not only punishes the perpetrator but also simplifies the procedure for enforcing its provisions and about all provide for the security, confidence, protection and assured rights to the female section of the society. Passing of this enactment pertaining to Domestic Violence was the first significant attempt to recognize Domestic abuse as a punishable offence and also provide for emergency relief for the victims, In addition to legal recourse. Now the question arises, whether the Domestic violence Act 2005 succeeded in fulfilling the requirement of adequately tackling the problem of Domestic Violence and providing redressed and protection to its victims. The issue has been tackled on conceptual and practical grounds and it could be concluded that while the act is an important step in term of concepts it introduces into the Indian legal system. We known activists like Ranjana Kumari and Girija Vyas and renowned lawyers like Kamini Jaswal have all lauded the passage of the law. Even though critics become the misuse of the law yet one cannot rule out its positive ramifications. The very fact that now the boundaries of the law have been spread is a welcome relief and was a much needed respite. Every law has its own loopholes so merely lamenting to misuse of law is not going to help. History is replete with examples that it is only when a law come into force do we encounter the pitfalls along with the upswings. Suggestions 1. The provision in section 2(a), which empowers a “service provider” or “any other person” on the behalf of the aggrieved person to make complaint, to erroneous & unmated the possibility of service providers turning into extortion, cells cannot be reeled out. The term “any other person” in this section is also very vaguer, which needs to be clear & define this will help in achieving proper objective of the Act. 2. For the proper implementation of the Domestic Violence Act 2005, we need to have very effective enforcement machinery in our country. For this purpose, special 21
investigation units comprising predominantly women police officer & other investigating officers need to be trained properly & they satisfied about the problem. 3. At present many states have given the duty of protection officers to government officers making them more burdened. This is suggested that Protection officers should be appointed on full basis & adequate infrastructure & training be given to them. 4. Not only the protection officer but other functionaries must be appointed to ensure the systemic structure of their functioning mandate under the Act. 5. The details of protection officers, counselors & lawyers must be widely public in local language so the victim of domestic violence may approach them, when in need. 6. The state governments must appoint a focal person to develop efficient communication between all authorities assigned under the act. 7. To provide the proper medical aid to the victim of the domestic violence, there is an urgent need to develop an adequate system in hospitals for providing medical services to women family domestic abuse. Each hospital in every district, either government or private, should be reporting all instances of domestic violence coming to their attention to the concerned district protection officer so that the victim gets immediate and adequate assistance laid under the Act. It is also important that the medical records of victims of domestic violence are kept discreetly by the hospital staff and are dispatched immediately to the concerned magistrate for further direction. The medical facilities must be provided by a female doctor and all doctors in the district should be trained to cater to the special needs of victims of domestic violence.
22
BIBLIOGRAPHY M.D.R – Free man, Violence in home (1979) Sood, Susma, Violence Against Women, 1990 Deep and Deep Publication, Rajouri Garden, New Delhi Arora, Vibha and Tripathi, S.C. ,“Law Relating To Women And Children” Central law publication 2008. Mahajan Amarjeet, Madhurima, “Family Violence and Abuse in India” Deep and Deep publication, New Delhi,1995. Dadwal, Lalit & Chauhan, Kusum, “Domestic Violence causes, Consequences, Legislative and Judicial response”, Indian Bar Review, Vol XXXIV (1 to 4) 2007. Rao, Mamta, “Law relating to women & children” 2005. Singh, Dolly, “ Child Rights and Social Wrongs: An Analysis of Contemporary Realities” vol.2 Kanishka Publishers distributors, New Delhi-2001. Section 2 of the Commission of Sati Prevention Act, 1987.
WEBLIOGRAPHY http://www.nfhsindia.org/NFHS-3%20Data/Press%20Briefing%20Kit/Domestic%20Violence www.merriam-webster.com/dictionary/domestic violence http://mha.nic.in/pdfs/IPC1860.pdf https://www.domesticviolences.com/domestic-violence-act-2005/ http://www.unicef-irc.org/publications/pdf/digest6e.pdf www.indialaw.com.7-2-2013
23