Breaking the Silence: Addressing Domestic Violence Against Women in India

Abstract   

Domestic abuse against women in India is a widespread problem that requires immediate response. It is a major public health concern as well as a serious violation of human rights. Domestic violence against women encompasses physical, sexual, emotional, and psychological abuse perpetrated by intimate partners or family members. The World Health Organization’s frightening figures indicate the broad occurrence of intimate partner violence worldwide, emphasizing the urgent need for comprehensive intervention. According to WHO estimates, around 30% of women worldwide have experienced intimate relationship or non-partner sexual violence. Domestic abuse is deeply embedded in India’s patriarchal practices and societal conventions, exacerbating gender inequality.  

This article delves into the various facets of domestic violence in India, including its causes, consequences, psychological impact, and affects on children. It looks at preventive techniques, Indian laws aiming at addressing this issue, and case law that has resulted in significant revisions. The article paper also explores how social services and the health sector might help reduce violence against women. Despite the existence of a comprehensive legislative framework, enforcement challenges and public stigma continue to stymie development. 

According to the findings, the primary causes of domestic violence include economic dependency, dowry practices, substance misuse, and a lack of awareness. The consequences for women’s physical health are severe, and the impact on children who witness such violence is also devastating. Education, economic development, and community engagement are all necessary preventive measures. It is critical to strengthen legislative consequences and improve support services. 

Keywords 

Domestic violence, women, India, public health, human rights, intimate relationship, psychological impact, legislative framework, social services. 

Introduction

Domestic violence, which includes physical, sexual, mental and emotional violence within intimate relationships or family members, remains a critical problem in India. Despite legal protection, the prevalence of domestic violence against women is alarmingly high, influenced by cultural norms and systemic deficiencies. Reports show that approximately one in three women have experienced some form of domestic violence. These acts of violence have profound and long-lasting effects on victims, affecting their physical health, emotional well-being, social relationships and economic status. 

Despite a strong legal framework, particularly the Protection of Women from Domestic Violence Act (PWDVA), 2005, enforcement is inconsistent and Indians do not understand the requirements. The problem is compounded by ineffective enforcement of these prohibitions, as well as sociocultural barriers that prevent women from seeking treatment. In addition, the stigma surrounding domestic violence prevents many women from reporting or leaving abusive situations.  

This article aims to provide a comprehensive study of domestic violence against women in India, including its causes, consequences and psychological impact on women. It emphasizes the importance of a multidisciplinary approach and suggests ways to improve current domestic violence prevention initiatives. 

Background  

Domestic violence against women is a critical issue affecting women globally, not only in India. This violence includes physical abuse, sexual and emotional abuse by intimate partners or others.  

Definition of Domestic Violence 

The World Health Organization (WHO) defines domestic violence as any behaviour with an intimate relationship that causes physical, psychological or sexual harm to those in relationship.  

According to WHO estimate presented, about 30% of the women worldwide have experienced this at some point of their life either by intimate partner or by non-partner. In India, the situation is aggravated by ineradicable cultural norms, economic dependency and inadequate legal enforcement.  

Prevalence in India 

India’ s deep rooted Socio-culture context significantly influences the prevalence of domestic violence. The patriarchal structure of Indian society often views women as subordinate to many augmenting gender  inequality and perpetuating violence. Traditional practices such as dowry, where a bride’s family provides a gift or money to the groom , further contribute to abuse. Women who fail to meet dowry demands are frequently subjected to severe harassment and violence. 

Evidence Supporting This Article 

The revelations of the NCRB report underscore the urgent need for comprehensive strategies to tackle the alarming rise in crimes against women across the country. NCRB data shows that there were 4,45,256 crimes against women in 2022, which translates to about 51 FIRs every hour, as only 87 women are sexually assaulted every day. The NCRB report said the number of crimes against women has increased significantly, increasing from three. 71,503 cases in 2020 to 4,45,256 cases in 2022. “Crime against women in India” includes cases of spousal and relative cruelty, kidnapping, assassination and rape. As the country grapples with an alarming rise in crimes against women, experts stress the need to thoroughly investigate the reasons behind this alarming trend. 

Another report by National Family Health Survey (NFHS) for the years 2019-2021 provides additional information on the prevalence of domestic violence. According to the NFHS, 29.3 percent of married Indian women aged 18-49 have experienced domestic or sexual violence, while 3.1 percent of pregnant women in the same age group have experienced physical violence during pregnancy. These data only include cases reported by women, suggesting that the true prevalence of domestic violence is significantly higher. NFHS data also shows that 87% of married women who are victims of spousal violence do not seek help, indicating a significant gap in reporting and support networks. 

Impact on Children

Children who have witnessed domestic violence are greatly affected. The effects on children include the following: 

Children who have experienced domestic abuse are more likely to develop mental and behavioral issues such as anxiety, depression, aggression, and social withdrawal. They may also exhibit symptoms of PTSD.  

Domestic violence can impair a child’s cognitive and social development. Children may struggle to achieve academic success, establish good relationships, and have developmental delays.  

Perpetration of Violence: Children who witness domestic violence have a higher risk of becoming abusers or victims as adults. The normalizing of violence in the household perpetuates the cycle of abuse throughout generations. 

Indian Laws Designed For Combatting Domestic Violence Against Women 

India has enacted several laws to protect women from domestic violence. Key legal provisions include: 

1. Indian Penal Code Section 498-A (1860) Domestic violence became a special offense in 1983 when Section 498-A was added to the Indian Penal Code (IPC). This section deals with cruelty to a married woman by her husband or his family. According to the law, cruelty is defined as intentional behavior that may force a woman to commit suicide or cause serious injury or danger to her life, limb or health. This includes dowry harassment. Section 498-A of the Act criminalizes domestic violence and provides legal remedies to victims under which the offender can be punished with a maximum imprisonment of three years and a fine.
2. The Protection of Women From Domestic Violence Act of 2005 (PWDVA) , Domestic violence is defined by the PWDVA as physical, emotional, sexual, and economic abuse. It provides legal remedies to victims and requires the deployment of Protection Officers to assist them. The Act also allows victims to seek asylum, medical care, and counseling.
3. The Medical Termination of Pregnancy Act of 2021 aims to expand access to safe and legal abortion treatments in India. This amendment provides various benefits to women who may be experiencing domestic violence or struggling with unintended pregnancies by ensuring that complete care is available to all. By enabling pregnancy termination in specific circumstances during the first 24 weeks, this legislation gives women a safe and legal way to exercise their reproductive rights, which is especially important in cases of domestic abuse.
4. Section 304B of IPC targets dowry-related deaths and imposes severe penalties on perpetrators. These rules seek to prevent domestic violence and bring justice to victims.
5. The Dowry Prohibition Act, passed in 1961, aimed to eliminate the dowry system, which contributes significantly to domestic violence in India. These rules provide a detailed description of dowry and enforce strict measures to deter and penalize all forms of violence. It expressly prohibits the exchange of dowry and sets harsh penalties, including jail, for violators. The primary goal of this legislation is to eliminate the practice of dowry and reduce incidents of violence and harassment caused by dowry demands. 

Case Laws that brought change  

Significant case laws have changed India’s legal environment regarding domestic violence. Notable cases include: 

• Vishaka vs. State of Rajasthan (1997): This historic decision established principles for avoiding sexual harassment in the workplace, thus affecting domestic violence laws. The Vishaka Guidelines underlined the need of providing a safe and supportive environment for women at home and work. 

• Indra Sarma vs VKV Sarma (2013): This ruling broadened the concept of ‘domestic relationship’ in the PWDVA to include live-in relationships. The decision recognized women’s rights in non-traditional household settings and provided them with legal protection against abuse. 

• D. Velusamy v. D. Patchaiammal (2010): The Supreme Court of India expanded the definition of “domestic relationship” to cover relationships equivalent to marriage. This decision emphasized that women in such relationships are entitled to protection under the PWDVA.  

• S.R. Batra vs. Taruna Batra (2006): This issue concerned a woman’s right to live in her marital home. The Supreme Court ruled that a woman had the right to remain in a home owned or rented by her husband, providing clarity on victims’ housing rights.  

Role of Social Programs and Health Sector in eradicating Domestic Violence  

The Function of Social Programs and the health sector play crucial roles in reducing domestic abuse against women in India. These organizations and services provide crucial assistance to victims while also contributing to the greater society movement to eradicate domestic abuse. 

1. Non-governmental organizations (NGOs) play an important role in providing urgent and long-term assistance to victims of domestic violence. They offer critical services such as:  

• Shelters and safe houses: provide temporary lodging for   women and children fleeing abuse.  

• Legal Aid: Assistance with legal actions and protective orders.  Counseling Services: Victims receive psychological treatment and counseling to help them cope with trauma.  

• Awareness campaigns: involve educating communities about domestic violence, legal rights, and available support services. 

2. Government initiatives: Several government initiatives have been taken to help women victims of domestic violence.  

• The One Stop Center (OSC) was established to provide women victims of violence with a wide range of services, including medical, legal and mental health support.  

• Women’s Helpline: A 24/7 helpline offering help and guidance to women in distress. 

• Swadhar Greh scheme:  aims to provide temporary housing, maintenance, and rehabilitative assistance to women and girls who have become homeless as a result of family conflict, crime, violence, mental stress, social ostracism, or being coerced into prostitution and are in moral risk. 

3. Healthcare Sector: 

Health workers are often the first point of contact and play a key role in identifying victims during routine health checks. They provide advice and support and refer victims to legal, psychological and social services.  

In addition, information and research on the extent of domestic violence is collected for policy and action. 

Suggestions  

Addressing domestic violence requires a multidisciplinary approach that includes legal reforms, public awareness campaigns, economic empowerment programs, community engagement and strong support services. Coordination between government agencies, non-governmental organizations, health care providers and the justice system is essential to building a comprehensive response to domestic violence.  

• Education and Awareness: it is essential to educate the community about women’s rights and legal protection. These campaigns should challenge social norms that accept violence and promote gender equality. 

• Economic Empowerment: Providing women with educational and employment opportunities is needed to reduce economic dependency. Economic empowerment enables women to achieve economic independence and reduces their vulnerability to domestic violence. 

• Community Engagement: Engaging community leaders and influencers to challenge and change patriarchal norms and attitudes towards women is essential. Community-based interventions can create supportive environments that prevent violence and support victims.  

• Support services: Expanding shelters, counseling and legal aid for victims of domestic violence is very important. Support services provide victims with immediate help and support to help them escape violence and rebuild their lives. 

Conclusion  

Domestic violence against women in India is a widespread and multifaceted problem that requires urgent and sustained action. Although there is a comprehensive legislative framework and various social programs, the challenge is to effectively implement and change social attitudes that accept violence against women. Eradicating domestic violence requires a holistic approach. This includes strengthening the legal framework, increasing public awareness and education, empowering women economically, expanding support services and engaging communities to challenge harmful norms.  

The role of health care in identifying and supporting victims is also central. Despite the challenges, there is hope. A society free from domestic violence can be achieved through the joint efforts of government agencies, NGOs, community leaders and individuals. Our shared responsibility is to ensure that every woman can live without violence and fear, with dignity and respect. 

References  

1.Punishment for Domestic Violence in India, LawBhoomi (July 23, 2023), https://lawbhoomi.com/punishment-for-domestic-violence-in-india/. 

2.Mohammed Tabrez Alam, Unveiling Shadows: An In-Depth Analysis of Crimes Against Women in India – Insights from the 2022 NCRB Report, South Asia Journal (June 26,2024), https://southasiajournal.net/unveiling-shadows-an-in-depth-analysis-of-crimes-against-women-in-india-insights-from-the-2022-ncrb-report/ (last visited Jun 25, 2024). 

3.Vaishnavisingh, Domestic Violence Against Women: The Issue, The Law and The Current Scenario In India, Legal Service India (2023), https://www.legalserviceindia.com/legal/article-9749-domestic-violence-against-women-the-issue-the-law-and-the-current-scenario-in-india.html. 

4.NewsClick Report, Crime Against Women in India Up by 4%: NCRB Report 2023, NewsClick (June 25,2024), https://www.newsclick.in/crime-against-women-india-4-ncrb-report-2023.

5. Business Standard, Nearly 30% of Married Indian Women Face Domestic Violence, Shows Data, (2023), https://www.business-standard.com/india-news/nearly-30-of-married-indian-women-face-domestic-violence-shows-data-123051400486_1.html (last visited Jun 25, 2024).

6.Violence against women, https://www.who.int/news-room/fact-sheets/detail/violence-against-women (last visited Jun 26, 2024). 

7.India’s amended law makes abortion safer and more accessible, https://www.who.int/india/news/detail/13-04-2021-india-s-amended-law-makes-abortion-safer-and-more-accessible (last visited Jun 26, 2024). 

8.Vishakha Case Summary (1997) – Important SC Judgements for UPSC, BYJUS, https://byjus.com/free-ias-prep/vishakha-case-1997-sc-judgements/ (last visited Jun 27, 2024). 

9.Ashok Kini, [Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also: SC Overrules Its 2006 “SR Batra” Judgment [Read Judgment], (2020), https://www.livelaw.in/top-stories/shared-household-includes-property-of-relatives-of-husband-164513 (last visited Jun 27, 2024). 

10.LL B. Mania, Indra Sarma v. V.K.V Sarma [AIR 2014 SC 309], LL.B Mania (Jun. 9, 2023), https://llbmania.com/indra-sarma-v-v-k-v-sarma-air-2014-sc-309/ (last visited Jun 28, 2024).