Domestic violence is a methodical way to systematically develop fear and
subservience in a person in a domestic setting, such as a household. The
motivation for this aggression might range from the need to uphold one person's
dominance over another to the desire to manipulate or force another person for
one's own gain.
Domestic violence in India generally refers to abuse a person experiences at the
hands of their biological relations, but it also particularly refers to violence
a woman experiences from the male family members or relatives. Mainly we will be
discussing about what domestic violence is, how it is a crime and what all
remedies are needed to be followed if one is suffering from domestic violence.
Domestic violence is a problem that has existed throughout history. It has been
around for centuries and keeps spreading its evil. Since many of us who are
reading this have likely experienced domestic violence in our own homes, where
the victims most likely included our own moms, sisters, grandmothers, etc.,
It is not uncommon for us. In a patriarchal society, where males are viewed as
figures of strength, bravery, dominance, etc., it is not considered as a problem
if women display these attributes toward their husbands, who are supposed to
satisfy all of their needs. According to National Crime Records Bureau
estimates, a woman is a victim of a crime every three minutes. In addition to
rapes, these crimes also include murder, kidnapping, human trafficking, dowry
deaths, brutality by a romantic partner or family member, and the list goes on.
Legal Sections For Protection Of Domestic Violence
The Protection of woman from Domestic Violence Act of 2005 defines domestic
violence. Domestic abuse cases in India were previously handled by Section 498-A
of the IPC. This changed with the passage of the violence Act. The Section 498-A
has two drawbacks. The primary is that no clause exists that offers the victim
under this clause relief or compensation. Second, only married women were
covered by section 498-A.
The violence Act of 2005 was passed by the Centre as a solution to these flaws.
The violence Act offers redress in the form of housing, healthcare, a protection
order, a compensation order, etc. The violence Act defines domestic violence as
the harm or injury of a woman while she is involved in a domestic relationship.
Within its scope include abuses of the physical, sexual, verbal, emotional, and
The violence Act defines abuse as both actual violence and the fear of abuse.
The violence Act's term also includes any harassment brought on by forcible
dowry demands made on the lady or her family members. The violence Act mainly
shields wives or female live-in partners against abuse by their husbands or male
live-in partners, including his family.
Any woman who is or has been during a domestic relationship with the perpetrator
and who asserts to have been the victim of any act of domestic violence is
considered a "aggrieved person" under Section 2(a) of the DOMESTIC violence
Act(1). The violence Act applies to all women, not only those that are or have
been in relationships with the abuser.
It also applies to women who have shared a home and are associated with the
offender. Consanguinity, marriage, or a connection that has the characteristics
of a wedding or adoption, like a relationship with mothers, sisters, or widows.
Different Forms Of Abuse:
Domestic Abuse Of Women Can Take Many Different Forms, Including:
- Emotional abuse as well as economic abuse.
Categories Of Aspects Of Domestic Violence:
- There is no standardized or single cause of domestic violence. Domestic
violence against women is the result of a complex interplay of sociological,
behavioural, historical, religious and cultural factors.
- Sociological and behavioural aspects:
These factors include psychological instability (bipolar disorder,
depression, stress, etc.), controlling or controlling personality, poverty
or other financial difficulties, status differences, anger problems or
violent attitudes, and including but not limited to upbringing. Domestic
violence also stems from neglect of marital responsibilities brought about
by extramarital affairs and lack of trust.
- Historical factors:
The inherent evils and superior spirits of patriarchy that have existed in
men for generations are historical factors that can be traced back.
- Religious aspects:
Religious sanctification, if not overtly obvious, suggests a subtle
dominance over women. Moreover, this facilitates the abuse of women within
- Cultural factors:
Desire for boys is a cultural factor that contributes to domestic violence.
Domestic violence against women occurs as a result of this obsession caused
by male dominance and ignorance. There are many different causes and
triggers for domestic violence. This is not a complete list of issues
Dowry Also Being A Aspect Of Domestic Violence
Dowry is a type of sociocultural element. However, it is now crucial to bring it
up individually due to the numerous domestic violence instances brought on by
dowry demands that are illegal. The Domestic Violence Act's inclusion of
dowry-related domestic violence as a separate category under "abuse resulting in
domestic violence" helped the Parliament recognise this.
When people hear about domestic abuse, they frequently assume that it just
refers to physical assault-especially when that assault is what is still clearly
evident. There isn't much discussion about verbal abuse. This causes the effects
of verbal abuse to become more commonplace.
However, before it escalates to a full-blown pattern of violence, domestic
violence typically begins as verbal abuse. Verbal abuse is classified as
domestic violence under Section 3 of the Domestic Violence Act. Because of this,
verbal abuse of women is a recognised kind of domestic violence.
Verbal abuse damages a person's soul and sense of value, which causes
self-doubt. Any attack on one's self-worth also leads to sadness and
psychological distress. Due in large part to the fact that the Domestic Abuse
Act, 2005 is primarily a welfare law, it does not provide for men to report
domestic violence against women.
Legal section and cases discussed:
Though, under Section 13(1) (ia) of the Hindu Marriage Act, an unhappy male may
seek for divorce or judicial separation on the grounds of cruelty (2). In
accordance with Section 498-A of the IPC, a spouse or a spouse's family members
who engage in domestic abuse are subject to a three-year prison sentence and a
fine. In the case of Social Action Forum for Manav Adhikar vs. Union of India
section 498-A was determined to be constitutionally legitimate.
Remedies for domestic Violence:
- The CrPC's Section 125 issues maintenance orders for spouses, kids, and
parents. This section on prevention covers not just married women but also
divorced women, second wives, and those who are living together.
- On October 26, 2006, the Protection of Women from Domestic Violence Act,
2005, went into effect with the goal of offering women who are experiencing
abuse in their homes effective protection.
- To enable women to submit their complaints without leaving their homes
and receive assistance at their doorstep, the government has established a
number of helplines. Not only that, but numerous states have also
established their own hotlines.
- Dowry prohibition act 1961.
Domestic violence simply won't stop with severe punishment. Only when
individuals adopt a new mentality and stop viewing violence as a typical family
dynamic will it come to an end. Reporting is appropriate. The abuser is a
criminal, but the victim also contributes to the promotion of the crime, which
may have an impact on their children who, if not taught, may engage in the same
Never ignore any mistreatment of women because you never know who could be the
victim tomorrow-it might be your own mother, sister, or daughter. Devatas (Gods)
exist where women are honoured, as Manu correctly stated. All efforts are
useless when women are treated with disdain.
But it will start with us only we are the youth of the nation and we can only
change the upcoming mentality of nation if we will take a oath to treat our
sister, wife, mother and female related to us if we decide to protect and treat
and provide equal opportunities to other women than we can overcome this
situation and it will be a peaceful world for our nation women too.
Written By: Parul Kataria
- The Northcap University