DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA



In India where almost half of the population are women, they have always been ill-treated and deprived of their right to life and personal liberty as provided under the constitution of India. Women are always considered as a physically and emotionally weaker than the males, whereas at present women have proved themselves in almost every field of life affirming that they are no less than men due to their hard work whether at home or working places. Behind closed doors of homes all across our country, people are being tortured, beaten and killed. It is happening in rural areas, towns, cities and in metropolitans as well. It is crossing all social classes, genders, racial lines and age groups. It is becoming a legacy being passed on from one generation to another. But offences against women which reflects the pathetic reality that women are just not safe and secure anywhere. According to a latest report prepared by India’s National Crime Records Bureau (NCRB), a crime has been recorded against women in every three minutes in India. Every 60 minutes, two women are raped in this country. Every six hours, a young married woman is found beaten to death, burnt or driven to suicide.

Violence against women is not a new phenomenon. Women have to bear the burns of domestic, public, physical as well as emotional and mental violence against them, which affects her status in the society at the larger extent. The statistics of increasing crimes against women is shocking, where women are subjected to violence attacks i.e. foeticide, infanticide, medical neglect, child marriages, bride burning, sexual abuse of girl child, forced marriages, rapes, prostitution, sexual harassment at home as well as work places etc. In all the above cases women is considered as aggrieved person.

The term used to describe this exploding problem of violence within our homes is ‘Domestic Violence’. This violence is towards someone who we are in a relationship with, be it a wife, husband, son, daughter, mother, father, grandparent or any other family member. It can be a male’s or a female’s atrocities towards another male or a female. Anyone can be a victim and a victimizer. This violence has a tendency to explode in various forms such as physical, sexual or emotional. ‘Domestic Violence’ includes harms or injuries which endangers women’s health, safety, life, limb or well being, whether mental or physical. It may also be through physical, sexual, verbal, emotional and economic abuse. According to ‘United Nation Population Fund Report’, around two-third of married Indian women are victims of Domestic Violence attacks 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.

What amounts to domestic violence against women? -Domestic Violence undoubtedly a human right issue where it is very important to know what actually leads to act of domestic violence. The most common causes for women stalking and battering include:- exploitation of women for demanding more dowry, discrimination of women, alienation of women’s self acquired property fraudulently, torture by husband and in-laws of the husband, arguing with the partner, refusing to have sex with the partner, 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, cruelty by husband or in-laws mentally or physically, abusing & insulting by using vulgar language, sexual harassment, molestation, immoral traffic, rape, sodomy and all other inhuman acts. In all above stated causes women are subjected to torture and will be considered as the aggrieved person. Usually violence takes place due to lack of understandings between the couple as well as in the family.

The consequences of domestic violence attack on women, which will affect victim as well as family of the victim. Domestic Violence affects women’s productivity in all forms of life i.e. assaulted women will always get agonized and emotionally disturbed and remain quite after occurrence of the torment. The suicide case of such victimized women is also a deadly consequence and the number of such cases is increasing day by day. A working Indian woman may lose her efficiency in work or drop out from work in some cases. Domestic Violence may affect the life of children at the larger extent because child will be having greater attachment with her mother and once the mother’s grief and sufferings revealed then child may turn silent, reserved and express solace to the mother. In some of the cases violence will lead to maintain distance from the partner whereby sexual life gets affected adversely. Sometimes marriage life will become a burden to the spouse and one of the spouses will opt out for divorce or separation which again affects life of the children.

In a case where wife is beaten up by her husband doesn’t amount to domestic violence unless a sufficient reason of violation of right to life is shown. In another case where the women just not given food, it amounts to domestic violence if it is intended to achieve the ultimate purpose of necking her out of the benefits of shared household.

To prevent violence against women and to protect the rights of aggrieved women, the legislation ‘The Protection of Women from Domestic Violence Act, 2005’ was passed by the parliament. According to this act every women who have been deprived of their right to life by the act of husband or relatives of the husband, can file a complaint to the protection officer, police officer or magistrate in the form of ‘Domestic Incident Report’ (Similar to FIR). Complaint can be filed by the victim /aggrieved person or relatives, it will be considered as the prima-facie evidence of the offence. Every ‘Domestic Incident Report’ has to be prepared by the Protection Officer which will assist in the further investigation of the incidence. The protection officer will pass certain orders i.e. protection of the women, custody of respondent and order of monetary relief to the victim.

The Government of India should come out with some more stringent laws to protect the rights of women who are victims of violence of any kind occurring within the family, so that it will work as the preventive measure to eradicate the crime. A strict law to be passed to punish those women who are filing a false compliant against husband or relatives by misusing of Domestic Violence Act so that there will be fair justice to all.

 DHAWESH PAHUJA

Advocate in Banglore

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53 thoughts on “DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA

  1. zennet

    I m suffering from tortures from my husband since 5 years of my marriage.I always got silent just because this society never with be any women who is alone and harrased, some do but to some extent only. I am in hope might god will change my life ,but i become hopeless when my husband gives me physical and mentally tortures and says i will do second marriage and leave me forever.Even he is not ready to plan for kids,i dont know what is going in his mind.i want to live and dont want to seperate and belive in one marriage only but despite of my continuous efforts would it gone waste.Or he is waiting for that duration to be passed after that i cant do against him legally,im very much tensed kindly suggest me what to do.what is the duration under which my complaint is really meaningful,i also dont do that because i feel might be it can lead the situation more worse, i want a kid and can he easily get the divorse from me until and unless i dont want to give him. He always says that he is in touch with lawyer and soon he give me the notice for divorce. He never listen to others , his family ,his parents ,his brother all failed to make him understand that what is right.He loose temper very shortly and beat me frequently. Always pick small things and make big issues of those,can fight with any one,Please help me and suggest me.

  2. Jolly mariya

    i am a qualified and professional woman recently divorced and started staying with my brother and mother in the house owned by my mother.the problem i have is that my brother is too much short tempered and egoistic.since years he is torturing us mentaly and physically .he made our lives hell.every next day he shouting madly on us if any one utter a single word he started beating or throwing the things. one time even i complain to police also but they didnt take any action. he is beating every one even to our mother also.using dirty words, passing dirty remaks to me , blaming me for the my divorce,we belong to good family background.because of him we lost our image in the society.he just want his domination.the male domination.he didnt study not as qualified as other family members are and for that also he is blaming us only that we didnt provide him the better education.life became worst than hell. how the domestic violence act help us please send your advice.i want serious action against him
    please help!

  3. K P G SINGH

    I JUST WANT TO KNOW IF THE WIFE WHILE MAKING/FILING A DOMESTIC VIOLANCE CASE AGAINST THE HUSBAND CAN ALSO IMPLEAD THE STEP DAUGHTER OF 18 YEARS AS RESPONDENT /ACCUSED AND WHETHER THE HONABLE COURT IS JUSTIFIED IN ISSUING NOTICE TO THE STEP DAUGHTER AND IF SUCH NOTICE IS ISSUED ,CAN AN APPLICATION FOR DELETION OF STEP DAUGHTER FROM ARRAY OF PARTIES CAN BE FILED SO THAT SAID DAUGHTER IS NOT HARASSED AND IS NOT EXPOSED TO COURTS AT SUCH EARLY AGE ,AND THAT TOO WITHOUT DOING ANY WRONG.CORRECT ADVICE AND ANY CASE LAW ON THE POINT WILL BE HELPFUL.TILL THE PARTIES WERE LIVING TOGETHER NO COMPLAINT WAS EVER MADE BY WIFE ,BUT ONCE SHE DECIDED TO SEEK DIVORCE AND PARTIES STARTED LIVING TOGETHER ABOVE MENTION COMPLINT HAS BEEN FILED.

  4. Hello

    A colleague of mine is subject to tremendous mental torture by her husband as well as her own parents and family to shift to Saudi Arabia against her wishes. This was actually a forced marriage and she is trapped in this. She is already seeing a psychologist and is ready to give some time to this marriage before calling it off or filing for a divorce but her husband and parents are torturing her daily to give in. What legal remedy can she adopt so that this torture stops and she gets time to think over this marriage and take it at her own pace please?

    She is not contemplating divorce at the moment but this pressure is driving her crazy and she is losing her mental peace and mental balance. Please provide a remedy to stop this daily torture in its roots!!!

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