The issue of gender-based violence in India has been creeping up the policy agenda over the

past couple of years. And with substantial data, it proves one thing: rampant domestic
violence against women in India is a reality.Every third women, since the age of 15, has
faced domestic violence of various forms in the country, reported the National Family Health
Survey (NHFS-4) released by the Union health ministry. Thus, incubating a new round of
debate about the cultural underpinnings to domestic violence.

According to the survey, 27 per cent of women have experienced physical violence since the
age 15 in India. This experience of physical violence among women is more common in rural
areas than among women in urban areas. Domestic violence cases, where women reported
physical abuse in rural and urban areas, were at 29 per cent and 23 percent, respectively.

The Protection of Women from Domestic Violence Act 2005 (PWDVA), provides a
definition of domestic violence that is comprehensive and includes all forms of physical,
emotional, verbal, sexual, and economic violence, and covers both actual acts of such
violence and threats of violence. In addition, the PWDVA recognizes marital rape and covers
harassment in the form of unlawful dowry demands as a form of abuse.
 Emotional abuse

What is emotional abuse?

You can experience abuse and violence without being physically hurt. Emotional abuse does not
leave physical scars but it can have a big impact on a person’s mental health and wellbeing.
Someone experiencing emotional abuse can feel anxious, depressed and even suicidal.
Perpetrators of emotional abuse use it to take away a person’s independence, confidence and self-
esteem. This helps the perpetrator maintain power and control in the relationship. Physically
abusive relationships often include aspects of emotional abuse.

Signs of emotional abuse

The signs of emotional abuse can be difficult to identify, especially because it is non-physical.
Emotional abuse includes:

 blaming a partner for all the problems in a relationship

 constantly comparing them with others to undermine their self-esteem and self-worth
 usually being in a bad mood
 intentionally embarrassing them in public
 name calling
 yelling, insulting or swearing at them (also known as verbal abuse)
 controlling someone’s finances (also known as financial abuse)
 telling them what to wear
 preventing them from seeing their friends and family (also known as social abuse)
 stalking
 threatening suicide
 making them feel guilty when they refuse sex
 threatening to report their immigration status
 online humiliation and intimidation.

Impact of emotional abuse

Someone experiencing emotional sabuse can start to believe that what the perpetrator says about
them is true. They may also blame themselves for the abuse.

The constant criticism lowers their self-esteem and confidence, making it very difficult to leave
the abusive relationship.
the patterns of domestic violence are carried from one generation to another. There is
insensitivity to such an extent that men stop realizing that they are committing wrong. Men
have become habitual and consider this as a normal routine of day to day life. They have
formed a habit of treating women like this and old habits die hard as it is very difficult to
change habits.

there are not enough laws which can address the grievance of woman in its entirety. Though
civil remedies such as divorce was available to women even prior to 2005 but it is very time
consuming and at the same time fails to provide any kind of immediate relief to the woman ,
besides adding to costs and delays in litigation. Section 498A of the Indian Penal Code
provided with relief for protection of woman but women are reluctant to approach the
criminal justice system. There was no law which provided right to reside in a household. In
order to provide with immediate relief Domestic Violence Act, 2005 was very much required.
This law is aimed at providing immediate relief to basic problems of women. All this is in
addition to other reliefs available in criminal law. Altogether with domestic violence a wife
can file a complaint under section 498A crpc and section 125 crpc. Simply speaking the law
is civil in nature but if a man violates and disobeys any order of court that it takes the shape
of a criminal law. Even a divorced wife has the right to claim relief under this Act from her
ex husband except in cases where she has expressly waived such right.

It can be said that the law as can be seen is intended to protect women from domestic
violence and should be used as a shield and not as a sword.
Domestic violence act misuse cases in urban area

Domestic violence cases in rural area

Case that led to pwdv act