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Domestic Violence | Domestic Violence against Women in India

Domestic Violence | Domestic Violence against Women in India

The abuse within family has been stigmatized since the inception, that it occurs or seen only in specific families or cultures.

The Violence, however, has no bounds. Despite of the socio-economic background, race, religion, or sexual orientation, it can happen in any relationship. As an observer, one might think it's simple for the victims to leave the abuser, or file a complaint against him but matters like fear of abandonment, threat of being hurt, financial dependency, or parental concern make it difficult.

There are cases where a victim might go to a hospital for the treatment of her wounds even then she might be the victim of Medical Negligence of the Doctor, and there have been a number of cases of Medical Negligence where the victim of such abuse has suffered twice, once because of her husband and in-laws and again by the Doctors, Nurses or any other medical professional.

The first step in putting an end to Domestic Abuse is understanding it in the first place. Understanding and knowing its complexity can help others in seeing and realising the early warning signals of Abuse and providing support to those who are afflicted.

Such act includes Violence against the Wife, Husband, Children or Elderly Parents. However, Domestic Violence against Women in India is much more prevalent than violence on others. According to a data revealed by the National Commission for Women Complaints of Domestic Violence against Women in India was around 6900 in the year 2022, and with a whopping 44% of all Domestic Violence incidents that took place in India, Karnataka is at the to, leaving the country in shame.

Laws for Domestic Violence Against Women in India

In our country, there are numerous laws against Domestic Violence. These laws safeguard women and the victims against violence. The Special Laws and the Local Laws address Crimes Against Women mainly include the following -:

  • The Dowry Prohibition Act of 1961, which made the giving and receiving of Dowry illegal in India.
  • Following this statute, the Indian Penal Code has two more sections that deals with Dowry and Dowry related crimes which is contained in Section 498A (Cruelty by the Husband or His Relatives) of the Indian Penal Code and Section 304B of the said Code.
  • The Protection of Women from Domestic Violence Act, 2005, this act was solely enacted to protect the Women against the Domestic Violence in India.
  • Section 313-316 of Indian Penal Code which deals with the female infanticide has been made punishable which implies forcefully termination of the pregnancy of a women which comes under the ambit of Domestic Violence if it has been done by the spouse of the victim or his family.

 

Apart from the aforementioned Laws there are several other laws that deal with Maintenance of the Victim of Domestic Violence, which are as follows -:

  • Section 125 of The Criminal Procedure Code, 1973
  • Section 18 of The Hindu Adoption and Maintenance Act, 1956
  • Section 24 of The Hindu Marriage Act, 1955
  • Personal Laws in India that deal with Maintenance.

 

Various kinds of Domestic Violence that take place on a day to day basis -:

When we talk about such violence or abuse, we don't just simply mean physical harm to the victim. This gender bias abuse has many forms which not only include the harm that can be seen but those as well which destroys a person emotionally, mentally as well as financially. Few of them are mentioned below -:

 

  • Abusing Physically : Physical Violence include all those acts that cause bodily injury include hitting with a object or with bare hands and legs, slapping another person on face or other parts of body, pushing with an intention to harm, blocking the way in which the person was supposed to move, and other similar behaviors.
  • Verbal Abuse or Violence through Words : Humiliating the Victim infront of her peers, intimidating the victim and persistently criticising the victim are all examples of Verbal Abuse.
  • Emotional Abuse : Emotional Abuse can also include Psychological Abuse. Over time, it can destroy someone's sense of worth and confidence.
  • Sexual Violence or Abusing Sexually :Sexual Violence is the act of pressuring or forcing a partner into having sex without their consent. It is not just physical deeds; it can also involve sexually humiliating language or other techniques which the partner is not comfortable with.
  • Abusing Financially : Financial Ab is something which entails limiting the partner's freedom and options by limiting their access to financial resources, for as by preventing them from working or withholding money or even seizing the money or the financial resources that they already have. For example - Seizing the salary of the victim or not giving access to the savings of the victim.
  • Technological Abuse : Abusive spouses may stalk, harass, or intimidate their partners through social media or messaging, these aforementioned violence come under the ambit of technological abuse.

Reason for Domestic Violence :

The aforesaid can arise because of Marital Dispute while cohabitation or even it occurs as a consequence of Dowry Dispute, i.e. if a bride's family or the bride refuse to give Dowry, the in-laws of such Bride might start a Dowry Dispute.

 

Consequences of Domestic Violence on the Victim as well as the Society -:

Domestic Violence is nothing but considered to be a silent bomb in the Modern society. The cases might seem handful and less dangerous but it has venomous effects. It not only affects the victim but the society as a whole. The consequences of such act include the following -:

  • Economic Downfall : A victim of such act frequently have to take time off work due to the effects of abuse, including any physical injuries or emotionally stressful court appearances which results in difficulty in running their business. Even though they don't incur an immediate financial loss due to their absences, but their professional development and long-term job are harmed.
  • Well being of Children at home : A child's perception of relationships and conflict might be distorted if they witness domestic abuse in their childhood. They might talk less, or struggle to be happy, or remain scared. Their relationships with their friends and teachers suffer too as a result of these behavioral issues.
  • Generational Trauma : The environment is considered as a great teacher for children. They may perceive violence as a way of resolving conflicts if they grow up seeing fights and usage of abusive words at their houses. When these kids get older, they could turn themselves to  either the victims or the abusers in a relationship. Their offspring could follow the exact same pattern, and so on. It develops into a cycle that becomes hard to escape because of the Generational Trauma.
  • Losing Custody of the Child : Child Custody Dispute is a common consequence of Domestic Violence, the women can be forced to give up the Child's Custody if the matter goes to court for Divorce or even blackmail the victim while threatening the life of the victim and her child.

Domestic Violence is still considered as a "private and family affair" in India, which prohibits the involvement of the state, other close family members, and strangers who is a witness of such act. The attitude must be changed and the patriarchal social system, which has been a part of our society for a long time must be eliminated, and the victims must be educated about their rights and laws that can be enforced in such cases, and the Police Complaint against the abuser must be filed at the first chance.

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