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


About Dhawesh Pahuja

Advocate in Banglore

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33 thoughts on “DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA

  1. m chandrashekar

    Hi,

    I am in the lookout for a channel which can highlight the matter in their channel regarding my old grandmother.Being from a rich family where she hails from W.Godavari now being in a disastrous status with helpless in our home left alone by thier sons.One is a crorepati living at ECIL and another one in the same village well settled. Theya are looking for the mother to die asap to take the share of the existing property which is loacted at Kopparu near Narsapuram W.Godavri where she is presently located.The property worth 20 lakhs.

    My only concern is being so rich and lead a beautiful life ,now she is in difficulty since from 6 years in living didn’t have money to survive and what ever the expenses which she used to get from the property being a well cultivated land is taken by two sons. She reported that in the local police station as well but the locals are not supporting and the influence was created by this two sons on the police as well as on the local big peoples.I just want to bring this attention to the villagers as wellas to the community so that it can make or do a justice to my grandmother and infact it would be moral lesson for the others as well.

    I am in the look out for a complaint aswell but don’t know whom to report so that I can ask my grandmother to make complaint directly to the required authorities so that she can get justice and the concerned people are punished.Now she is finding difficulty to buy the medicines this is one of the example itself. Please kindly pay attention to this matter and if given opportunity more details can be provided with the picturees of the sons and daughters of er family who evere involved in totally ruining her herlife in this last stage for the money and the property.

    My conatct no-9908509650

    I wish that she get justice through this news channels atleast.

    Thanks & Regards,

    M. chandrashekar.

    Reply
  2. bhushan parwat

    one of my relative is a very dinker , he always drinks alcohol and abuse , worn his wife to murder her .
    the wife is belongs to a poor family . please let me know how can i help her 07709418177

    Reply
    • lokesh Kapoor advocate

      You can file a direct complaint to Police narrating facts of the case or to inform Protection office ( Supervisor of Child welfare Department) for assistance, she may get protection orders and maintenance also, or you may directly write to Magistrate of the area and need ful be done by him

      Reply
  3. kavita

    I am kavita,a delhite.I want to know how should i proceed as i want to lodge a complaint against a women in our neighbourhood who is a Kind of prostitute.She is trying to build intimate relations with the men’s in our society and afterwArds start blackmailing them.Her husband knows about her acts but does not stop her.She is doing this from past 15 years.I want to lodge the complaint as i feel my family is also a victim as she has also done this with my father.My family is shattered with all this.So kindly plz help me regarding this.

    Reply
  4. Monika

    I am Monika Aggarwal who was married to Mr. Jatin Gupta, having permanent residence at H.No. 49, Green Avenue, Khatipura Road, Jaipur and he is son of Mr. Daulat Ram Gupta, currently residing at Chennai with his parents.
    on the night of 14th Janauary while i went to inlaws place at their above mentioned residence, i was tortured and beaten badly and attempt was made to murder me by my husband.. i had several injuries but thereafter my in-laws blackmailed my father and assured that they wont let their son do same thereafter… thereafter my in-laws kept on following my father for money and transfer of my car on name of my husband , Jatin Gupta. i got pregnant thereafter and then after my child’s birth again on 19th October 2012 my husband again tortured/ beated me badly and pressurized for asking money for child’s name function. therafter my mother-inlaw beated me badly at gurgaon residence for same money demanding in cash. then after sometime i came to my parents home.. for about an year i lived with my parents along with my son and again when i went to gurgaon residence after call from my father-in-law i started living with my husband and my son.. things though were not ok but still i kept on living with my husband thinking that he may understand his responsibilities one day.. again on 28th october 2013 in the morning while i was ready for office, my husband started abusing me and my family for no reasons and when i told him to not to say so much suddenly he pulled me scratched my face allover deeply with his nails and then pulled me from my hair and pushed me to ground and stepped over me.. then maid working in the house separated him from his attempt to murder me and i got up and called at my home and police at 100… when police came and dragged him to police station at sector-4 gurgaon he was left free after signing of forgiveness letter for attempt what he did.. therefater i came with my parents after taking few clothes from sector 4 gurgaon. today i.e. on 31st October 2013 when i went to gurgaon home to collect my clothes and some of woollens of my son i found house locked and landlord of rented gurgaon home also informed that he wont let me break the lock and Jatin gupta has already left the city for his parents as they live in Chennai…. i am feeling helpless now… that i cannot take my own clothes and my son clothes even when winters are approaching from rented residence at gurgaon, due to my wicked husband who ruined my life. i came back to my parents home in faridabad.
    My husband, Jatin Gupta works at Sapient Corporation, Gurgaon
    (NCR of Delhi). The address is as below:—
    Unitech Infospace,Ground Floor, Tower A,Building 2, Sector 21
    Old Delhi – Gurgaon Road,Dundahera, Gurgaon 122016,Haryana,India,Tel: +91 (124) 672 4000

    Can you please help me for justice as my husband has already made three attempts to murder me and his parents keep on approaching me for money, their unjustifiable demands. please help me.. such males like Mr. Jatin Gupta shall be severly punisheed and locked up in jail. presently he is been informed to be at chennai as informed by my landlord, and he may come along with his parents on 7th November 2013 at residence no.1026 sector 4 gurgaon. hope you may earn me justice.
    Thanks
    Monika Aggarwal
    8802332133

    Reply
  5. Maria Fernandes

    I just want to know if I am abused thru domestic violence by my husband whom should I complain. Also I would like to mention that my husband is a government servant he servers as a UDC in Diu Court. He is having an extra martial affair, and due to this he is touring me everyday. He is also denying having any extra marital affairs, but I know because all his staffs have told me. And many people around the locality are aware of his affairs. This have put lot of impact and effect on my two sons, he also does not allow my sons to study, as he is a alcoholic, in the evening when he comes up to bit me and my children he makes sure that we do not run away from the house, so in that case we are lock and he pulls me by my hair and holds my two children and kicks them, I have complained to the police here in Diu, but since he works in the court, all /most of the policemen in duty have been instructed by him not to entertain my complaints. Two years back also the same incident happened and I ran to my mother’s house, she is based in Daman, then he came to take me and children back, but the condition in my house is the same. He has not changed at all and I am alone since nobody wants to support me, because of his rude manner and some because he helps people in court work. Kindly let me know whom and which department should I complain. This has passed more than 6-7 years that I and my children’s are suffering and nobody to help me. thanks alot

    Reply

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