RESEARCH ON DOMESTIC ABUSE AGAINST WOMEN

Domestic abuse is an age old practice. In India, it has become a tradition. In

countries like India, male dominance is in practice. Women are the one on
whom, all the power is tried by men. Female deities are worshipped in the
temples but the females inside the houses are treated like animals. But, this
kind of behavior is mostly found among the uneducated people. With the
passage of time, some people have changed but there are many people who
do not want to loose their dominance over the women. Here the question
arises: What is Domestic abuse? Domestic abuse is a violent behavior which is
not only done by the husbands toward their wives but it is also done by the in-
laws, parents and other family members.
We have come to know about many incidents where young girls are physically
touched on their private parts by their own family members or class teachers.
It is a common form of domestic abuse in India. No body has any right to abuse
any women or any young girl. Various laws have been made to prevent
domestic abuse. Every women must be aware of their legal rights. The most
serious threat to a women in India is domestic violence. It is necessary that a
women should know how to tackle a situation and they should know about the
laws that offers protection to all women from domestic violence.
Here the questions arise, Is domestic abuse a cognizable offense? Is
relationship abuse, a crime? Are there effective laws against domestic abuse in
India. The only answer to these questions is “yes”. According to Section 498A
of Indian Penal Code, the domestic abuse punishment in India includes
imprisonment of up to three years. Indian women have many legal rights, they
can make a difference between their present life and future life. Every woman
should know their legal rights and must understand the laws against domestic
abuse in India, so that a woman can live her life confidently and fearlessly.

TYPES OF DOMESTIC ABUSE

There are various types of domestic violence. A lot of cases of domestic abuse
against women remain unreported because the signs of a domestic abuse are
not always obvious. Reasons, for why some women don’t report that they are
being abused includes, unawareness of women. Women in India are not aware
about the laws against domestic abuse or domestic violence. They do not know
the signs of domestic abuse and they also do not know how to prove domestic
abuse and they are unaware of the acts that comes under domestic violence.
COMMON TYPES OF DOMESTIC ABUSE INCLUDES:
• Physical abuse
• Mental or emotional abuse
• Economic or financial abuse
PHYSICAL ABUSE: It is evident from the word ‘Physical’ that a physical abuse
includes the actions that injure or hurt a person by using physical force.
Physical abuse is one of the obvious forms of domestic abuse which causes
grievous physical injuries or bruises. Physical abuse can be proved easily as
long as it is recorded by a doctor. It is very easy to provide the evidence of
physical violence. We often listen the news on TVs or Radios about husband
hitting his wife, this includes threats, pushing, beating, slapping or other forms
of physical intimidation and this is regarded as one of the most common
examples of Domestic abuse. According to Indian Penal Code, Marital rape
does not come under a criminal offense. The Protection of Women from
Domestic Violence Act 2005 (PWDVA), provides help to the victims of Marital
rape.
ECONOMIC ABUSE: According to Susmita Barman, economic abuse is
considered to be normal by the family members, neighbors, friends, and even
women and girls. What is economic abuse or financial abuse? When, an abuser
takes control over the earning of the victims, it is called an Economic abuse or
financial abuse. Under the economic abuse, the abuser separates the women
from her own rights, resources and choices, isolating the victims financially.
When a husband shows any kind of financially controlling behavior to his wife,
then a wife is most likely experiencing economic abuse.
MENTAL ABUSE: The Domestic abuse can be verbal also. Emotional abuse
involves actions that are meant to inflict trauma, cause distress or intimidate
any women through verbal or non-verbal acts. One common form of emotional
abuse is Gas lighting. In India, emotional abuse is very common. Indian parents
want control over their children and they force their children to do what their
parents want from them. We have seen many cases in which parents force
their children to take up medical stream after their matriculation against their
own wishes. This is one of the common examples of emotional abuse.
SIGNS OF EMOTIONAL ABUSE
Disrespectful behavior is included under the signs of emotional abuse or
mental abuse. This also includes name- calling, undermining the self- respect,
put downs and self- worth of a woman.
IS EMOTIONAL ABUSE A CRIME IN INDIA?
There is no separate law for emotional abuse in India. ‘Delhi High Court’ has
stated, “ Mental cruelty is not an easy to establish as physical cruelty” as it is a
subject of interpretation.

EFFECTS OF VIOLENCE ON WOMEN

How Domestic abuse affects the victims and how it affects the mental health
of the victims? The Physical abuse includes burns, injury, loss of speech,
Sexually Transmitted Diseases, unintended pregnancy which results in
abortion, gynecological issues etc. All these acts are enough to break down any
woman mentally or emotionally. Domestic violence or domestic abuse also
causes PTSD (Post Traumatic Stress Disorder).
The victims of domestic violence or domestic abuse, tolerate violence because
of the fear of the consequences if they file a case against the abusers in the
police stations.

DOMESTIC ABUSE STATISTICS IN INDIA

During the lock downs due to COVID 19, the rates of the domestic abuse have
been increased. The only reason behind this Domestic abuse or Domestic
violence during the phase of COVID 19, was that the abusers ( especially the
husbands) had to stay indoors with their wives or woman of the family. This
living together of husband and wife increased the cases of domestic abuse.
Women had to live with their abusive husbands without any alternative choice.

CAUSES OF DOMESTIC ABUSE AGAINST WOMEN IN INDIA

The main causes of the domestic abuse includes:
• Lack of gender sensitization
 • Misogyny
• Patriarchal attitudes
• Lack of healthy relationship models etc.

IS DOMESTIC ABUSE PRESENT IN POOR FAMILIES ONLY?

The answer to this question is ‘no’, because domestic abuse is found in both
poor and rich families. In both the lower and middle class families, many cases
of the domestic abuse have been reported. Sometimes, a woman is harassed
and abused for dowry in the rich families also. Under dowry harassment,
sometimes other family members are also abused.
The survey has found that 31% of married women experienced physical or
emotional violence by their husbands. Physical violence is a common form of
abuse which is being experienced by 27% women and emotional violence is
experienced by 13% women. But the survey had not reported any economic
abuse.

LAWS AGAINST DOMESTIC VIOLENCE IN INDIA

• Dowry Prohibition Act of 1961 (DP Act) is the earliest legislation of post
independence, against domestic violence. According to Section 2 of this
Dowry Prohibition Act, dowry has been defined as a valuable security or
any property given or agreed to be given, directly or indirectly by the
parents of a bride to the family or bridegroom, at the time of marriage
or before or after the marriage.
• According to section 3, of the Dowry Prohibition Act, there is a
punishment of imprisonment for five years and a fine of not less than
Rs.15000 for giving or taking dowry. The penalty for demanding dowry is
between the period of six months to two years.
• According to section 5 (iii), of the Hindu Marriage Act, 1955, a marriage
can be solemnized between two Hindus if, the bridegroom has
completed the age of 21 years and the bride has completed the age of
18 years at the time of marriage. These ages were decided in 1978. The
Prohibition of Child Marriage (Amendment) Bill, 2021 has increased the
minimum age of marriage for girls to 21 years from 18 years.
 • In 1988, the Commission of Sati (prevention) Act was enacted. Sati was
the practice of burning the widow alive with the dead body of her
husband. According to Section 3 of this act, attempt to commit Sati is a
punishable Act, which leads to six months imprisonment or a fine or
both.
• In 1986, Section 304B was being inserted in Indian Penal Code. This was
for punishing the husband and his family members for the death of wife
due to the demand of dowry within the time period of seven years of
marriage.
• Domestic violence and the parties involved in it are defined under the
Prohibition of Domestic Violence Act, 2005. Section 3 of this act, defines
physical, verbal, sexual and even economic abuse. It also mentions the
duties of the service providers. Chapter 4 of this act deals with the
procedure for obtaining the reliefs and orders included in the related
matters.

Now a days, Domestic abuse against women is one of the warmest issues
which are prevailing in the society. In India, various laws have been made
against women so, it is must that every women should know her rights and
must feel free to take actions against the abusers.

REFERENCES:
https:/www.naare.com/domestic-violence-helplines-india/amp/
https:/en.m.wikipedia.org/wiki/Domestic_violence_in_India