INTRODUCTION

Modern cities like Kolkata have so many ‘myths‟1. ‘Myths’ does not mean falsehood.
But myth in the social and anthropological sense signifies the popular beliefs and
images that acquire the status of basic truths and guide our interpretation of reality.
The myths of Kolkata are depressing ones relating to poverty, over population and
urban plight. As much compelling in the recent years is the myth of domestic violence
taking place regularly in the city. At the same time the surroundings of Kolkata,
particularly North 24 Parganas and South 24 Parganas have emerged as centers of
urban growth. The aim of this paper is to analyze the depressing myth of „domestic
violence‟ and make a comparative study between two culturally diverse places of
Kolkata (Khidderpore and Sovabazar) on the one hand and North 24 Parganas and
South 24 Parganas on the others. These are the districts which always face the
spillover effect of developments taking place in Kolkata, both positive and negative.

A. Geographical location of the study area:

Kolkata, North 24 Parganas and South 24 Parganas, these three districts are taken as
the study area. Differences of demographic statistics, environmental effects on
occupations as well as development, socio-economic and cultural impact on
population, effect of the proximity of the Bangladesh border, the rural-urban fringe
area and their impact on all social components of these three districts are the main
reasons behind the different types of domestic violence. To identify the types of and
the reasons behind this violence these three districts are chosen. It is also necessary to
mention that Kolkata is a metropolitan city where mixed culture as well as different
types of demographic features are found. To identify the nature of social and
demographic content in the Kolkata Metropolitan Area two places are selected for
collecting the primary data. The places are Khidderpore and Sovabazar which are
counted as center- I and center-II respectively to identify the differences in the
heterogeneous metropolitan culture in Kolkata. But in North 24 Parganas and South 24
Parganas more or less the same demographic features are found in homogeneous
position after comparing with Kolkata district. And both have differences in
demography, economy, political aspects and other social factors.

1
For details see Wendy, Doniger, Myth and Meaning Cracking the Code of Culture- Claude Levi-
Strauss, Routledge Classic, London, 2001.
 INTRODUCTION

Figure 1.1 presents below the location of the study area

WEST BENGAL IN INDIA. DISTRICT UNDER STUDY IN WEST BENGAL. KOLKATA, NORTH 24 PARGANAS
AND SOUTH 24 PARGANAS.

Fig. 1.1

Kolkata (Calcutta): (Latitude: 22.5697N to 22° 34' 11N and Longitude: 88.3697E to
88° 22' 11E), this city is situated in the eastern side of India. Although the name
Kalikata had been mentioned in the rent-roll of the Great Mughal emperor Akbar and
also in the Manasa Mangal2, to explore the history of Calcutta, we have to go back to
the 17th century. It was in 1690 Job Charnock landed on the bank of the river
Hooghly3 and obtained the lease of three large villages along the east bank of the river
Sutanuti, Govindapur and Kolikata as a trading post of the British East India
Company. The site was carefully selected, being protected by the Hooghly River on
the west, a creek on the north, and by salt lakes about two and a half miles on the east.
These three villages were bought by the British4 from local landlords. The Mughal
emperor granted the East India Company freedom of trade from the three villages

2
Manasa-Mangal is a group of Bengali Hindu religious texts, composed more or less between the 13th
century and the 18th century, consisting of narratives of indigenous deities of rural Bengal in the
social scenario of the middle ages. The Mangal-Kāvyas usually give prominence to a particular deity
amalgamated with a Vedic or Hindu mythological god and the narratives are usually written in verse.
3
The most important stream of the Ganges-Brahmaputra delta. It provides access to Kolkata
(Calcutta) from the Bay of Bengal. Formed by the junction of the Bhagirathi and Jalangi rivers, it flows
south about 160 miles (260 km) through a heavily industrialized area home to more than half of West
Bengal's population. Above Kolkata the river is sitting up, but it is navigable to the city by ocean liners.
4
The people of the United Kingdom who had come to Kolkata in the 17th century. It was in 1690 that
Job Charnock came to Previous Calcutta and took on lease three large villages along the east bank of
the river - Sutanuti, Govindapur and Kolikata (Calcutta) as a trading post of British East India
Company.

2
 INTRODUCTION

Sutanuti, Govindapur and Kolikata in return for a yearly payment of 3,000 indian
rupees. Before the British came, Calcutta was just a village. At the time, the capital
city of Bengal was Murshidabad, about 60 miles north of Calcutta. In 1756, Siraj-Ud-
Daullah, Nawab of Bengal, attacked the city and captured the Fort. Calcutta was
recaptured in 1757 by Robert Clive when the British defeated Siraj-Ud-Daullah on the
battlefield of Plassey5. Warren Hastings, the first Governor-General of India, made it
the seat of the supreme court of justice and the supreme revenue administration, and
Calcutta became the capital of British India in 1772. All important offices were
subsequently moved from Murshidabad to Calcutta. By 1800 Calcutta had become a
busy and flourishing town, the center of the cultural as well as the political and
economic life of Bengal.
Calcutta with the passage of time became the center of all cultural and political
movements in India. The 19th century Renaissance and Reformation in India was
pioneered in this city. Raja Rammohan Roy, Ishwar Chandra Vidyasagar, Sri
Ramakrishna Paramhansa, Swami Vivekananda, Rabindra Nath Tagore, Jagadish
Chandra Bose, Satyendra Nath Bose and many more eminent personalities enhanced
the cultural heritage of the city of Calcutta. Till 1911, Calcutta was the capital of India,
when the British moved the capital city to Delhi. In 1947, when India gained freedom
and the country got partitioned between India and Pakistan, Calcutta was included in
the Indian part of Bengal, West Bengal. Calcutta became the capital city of the state of
West Bengal.

North 24 Parganas: Another selected area of my study is North 24 Parganas district.

(Latitude 22º11´6´´ N to 23º15´2´´ N and longitude 88º20´ E to 89º5´E). The territory
of Greater 24 Parganas was under the Satgaon (ancient Saptagram, now in Hoogly
district) administration during the era of the Mughal Empire6 and later it was included
in the Hoogly chakla (district under post-Mughal Nawabi rule) during the rule of
Murshid Quli Khan7. In 1757, after the Battle of Plassey, Nawab Mir Jafar 8 conferred

5
On June 23rd, 1757 at Plassey, a small village and mango grove between Calcutta and Murshidabad,
the forces of the East India Company under Robert Clive met the army of Siraj-ud-Doula, the Nawab
of Bengal.
6
The Mughal Empire was an Islamic imperial power of the Indian subcontinent which began in the
early 1500s, ruled most of the subcontinent by the late 17th and early 18th centuries, and ended in
the mid-19th century.
7
In 1716 Murshid Quli Khan became the Nawab Nazim of Bengal, Orissa and Bihar. He was sent to be
the Diwan of Bihar by Akbar the Great. In 1719, Akbar's descendant Muhammad Shah named him

3
 INTRODUCTION

the Zamindari of 24 Parganas and Janglimahals (small administrative units) on the

British East India Company. These were Amirpur, Akbarpur, Balia, Birati, Azimabad,
Basandhari, Baridhati, Bagjola, Kalikata, Garh, Hatiagarh, Islampur, DakshinSagar,
Kharijuri, Khaspur, Ikhtiarpur, Madhyamgram, Magura, Medanmalla, Maida, Manpur,
Muragachha, Pechakuli, Paikan, Rajarhat, Shahpur, Shahnagar, Satal and Uttar
Pargana. Since then, this entire territory has come to be known as 24 Parganas. In 1751
the Company assigned John Zephaniah Holwell as zemindar9 of the District. In 1759,
after the Bengali War of 1756-57, the Company assigned it to Lord Clive as a personal
Jaghir (zamindari) and after his death it again came under the direct authority of the
Company. In 1793, during the rule of Lord Cornwallis, the entire Sunderbans region
was in 24 Parganas. In 1802, some areas (Parganas) on the western banks of river
Hoogly were included into it. Earlier on, these Parganas were in Nadia. In 1814, a
separate collectorate was established in 24 Parganas. In 1817, Falta and Baranagar and
in 1820, some potions of Nadia‟s Balanda and Anwarpur were included in it. In 1824,
portions of Barasat, Khulna and Bakhargunge (now in Bangladesh) were also included
to it. In 1824, the district Headquarter was shifted from Kolkata to Baruipur, but in
1828, it was removed to Alipore. In 1834, the district was spilt into two districts,
Alipore and Barasat, but later these were united again. In 1905, some portion of this
district around the Sunderbans were detached and joined to Khulna and Barishal.
These parts remained in East Pakistan (later Bangladesh) territories when Jessore‟s
Bangaon was joined to 24 Parganas after the 1947 partition.
In 1983, an administrative reform committee under the chairmanship of Dr. Ashok
Mitra suggested the trifurcation district into two and as per the recommendation of the
committee two districts, North and South 24 Parganas were created. The North 24
Parganas which was included to the Presidency Division has been formed with 5 sub-
divisions of the Greater 24 Parganas namely Barasat (Headquarter), Barrackpore,

governor of Bengal and allowed him to rename his capital Murshidabad. He was the first Nawaz
Nazim of Bengal, Bihar and Orissa.
8
Sayyid Mir Muhammed Jafar Ali Khan, formal title Shujaul-Mulk, Hashimud-Daula, Nawab Jafar Ali
Khan Bahadur, Mahabat Jang commonly known as Mir Jafar, second son of Sayyid Ahmad Najafi,
(1691 –February 5, 1765) was Nawab of Bengal, Bihar and Orissa. He is also known to common
indians as Gaddar-e-Hind. He succeeded Siraj-Ud-Daulah as the eighth Nawab of Bengal, and the first
of the Najafi dynasty after deceiving Nawab Siraj-Ud-Daulah and surrendering his army on the battle
field to Robert Clive.
9
A person who was the land lord of a vast area where settlement, agriculture, cottage industry etc.
are found. He had the power to receive revenue to maintain his Zemindar’s jurisdiction as well as his
family’s pride like a king.

4
 INTRODUCTION

Basirhat, Bangaon and Bidhannagar (a satellite township of Kolkata, popularly known

as SaltLake).

South 24 Parganas- South 24 Parganas district has also been selected for my study.
(Latitude 20´20"N to 22'06" N and Longitude 88'20" E to 88'60" E). South 24
Parganas is indeed, a complex district, stretching all the way from the metropolitan
Kolkata to the remote rivers and villages of the Gangetri delta on the Bay of Bengal,
apart from its staggering size and population, the district administration has to contend
with problems typical of metropolitan living in the urban area such as a very high
population density and an over stretched civic infrastructure and in complete contrast
to this, the lack of transport and communication facilities and weak delivery systems in
the rural areas. 84% of the population lives in the rural areas, where development is
taken care of by the panchayat10 bodies. The remaining 16% population is looked after
by the Kolkata Municipal Corporation and seven municipalities. The scheduled caste
comprised 39% of the total population and B.P.L. families constituted 37.21% of the
population in 2001.
The Sundarbans, the largest mangrove forests in the world, are spread over thirteen of
the twenty-nine development blocks in the district. Due to its peculiar geographical
location and unique topographic characteristics, the means of transport and
communication in this region are not well developed, with all the attendant
consequences. Lack of irrigation has meant mono-crop agriculture. Breaches in the
earthen embankments and cyclonic storms entail loss of life and destruction of crops
and property on a regular basis. Any development strategy in this ecologically fragile
environment must be carefully designed and implemented.

B. The statement of research:

The aim of the paper is to identify the two places of Kolkata (Khidderpore and
Sovabazar) as places of chief importance and their impact on the two other districts i.e.
North 24 Parganas and South 24 Parganas. The paper will analyze more than 860 case
studies and will pose a problem in defining the unit of investigation. The proposed

10
Article 40 of the constitution directs the government to establish panchayats to serve as institutions
of local self-government. Most states began implementing this Directive Principle along the lines of
the recommendations of the Balwantrai Mehta Commission report. According to these
recommendations, the popularly elected village council (gram panchayat) is the basic unit. Village
council chairs, elected by the members of the village council, serve as members of the block council
(panchayat samiti).

5
 INTRODUCTION

research will be on domestic violence, especially physical, mental, sexual and

psychological torture of wives in specially selected areas of West Bengal. The selected
places are chosen with a view to examining people of different cultures, mainly in
Kolkata and its surrounding areas. Geographically, Kolkata and its surrounding areas,
i.e. North 24 Parganas and South 24 Parganas present different kinds of culture and
economy. The rates of domestic violence are different in different classes of society.
The victims of domestic violence will be surveyed for analysis as well as the suspect
or the accused. The selected population will be categorized on the basis of age-sex
ratio, education, social status, occupation, economic position, marital status,
psychology. These areas have been selected because of the different types of cultural
patterns which exist among the population. Here it is necessary to point out that the
selected areas will help to demonstrate the interaction between different kinds of
people of different socio-economic and cultural backgrounds. The main thought of the
study will be to analyze the issue of crimes against wives as a part of domestic
violence. Other kinds of violence or crimes that may take place in the home and are
now part of the definition of „domestic violence‟ will not be included in the study, i.e.
child labor, malnutrition, lack of education or neglect of girls etc. This exclusion is
dictated by practical considerations: (1) the incidence of violence against wives is an
enormous and requires separate study and (2) preliminary survey has shown data to be
concentrated in this aspect of violence rather than the others. The reasons for domestic
violence also fluctuate depending on socially variable factors. In this study, the
activities of the government and N.G.Os will be examined to assess what measures
they take to protect people from domestic violence. In this study the whole issues of
crimes against wives in the domestic ambience under different types of culture and
economy will be discussed. Safety measures and application of remedy will also be
discussed.

C. Objectives of the study:

To study different socio-economic and cultural conditions of different social
communities in the special group of victims and the accused related with domestic
violence in the study area, we will discuss the literacy rate, income range, marital
status as well as attitudes regarding good livelihood, awareness of social status, rate of
domestic violence, level of damage or non-ordered situation of family members, level

6
 INTRODUCTION

of victim‟s helplessness, government policy, level of NGO intervention to bring the

uprooted family in the mainstream.

i) To enquire into the possible reason for lack of awareness of domestic

violence among the people of the study area.
ii) To study the nature of the problem of domestic violence and its effect on
different socio-economic and cultural groups through comparison in the
field of social ingredients.
iii) To suggest possible steps to overcome the problem of domestic violence in
through the mainstream of social activities, government policy and NGO
activism, we will also discuss remedies.

The study will thus focus on the following:

 A description of the geographical areas to be covered by the study.
 Discussion of specific cases with details of the accused and the victim.
 Exploring the linkages between migration and marital status.
 Investigating the impact of migration in general and its relationship with domestic
violence.
 A discussion of cultural differences among communities and their attitude towards
domestic violence.
 Responsibilities of the administration and N.G.Os.
 Reasons for Domestic Violence.
 Remedy for overcoming this social problem.
The period of the study is 2000 to 2007. Documents from registered cases of the Police
Stations or in the Courts during this period will form the basis of the study. This was
the period when domestic crimes were frequently highlighted by the media and there
appeared to have been a degree of socio-cultural awareness of domestic violence
among the people. The study will focus on the social, cultural and economic dimension
of domestic violence in an effort to gauge how these factors influence violence at
home. My preliminary survey shows that there is not much data available for the
period prior to 2000. The Protection of Domestic Violence Act was implemented in
2006. This study takes into account the scenario of domestic violence and other related
social relations before and after of the Act implementation period. So it will focus on
the effect of the D.V. Act on society as well as the period when the Act was not

7
 INTRODUCTION

available. On the other hand, a major aspect of this research will be to investigate what
changes have led to the difference in record keeping before and after 2000. In the
period after 2000, there is considerable data for this study.

D. Methodology:
The methodology adopted in this study is a combination of secondary research,
primary research (through quantitative and qualitative techniques and methods of data
collection) designed to enable triangulation of findings and thus provide more reliable
data providing better understanding of the hidden reason or nature of domestic
violence in the society. Data was also collected during the period 2000 to 2007 and
eight years went into the analysis to the differences between different social content of
this specific study area like Kolkata, North 24 Parganas and South 24 Parganas.
Mainly two types of data are used for the study (i) Primary data, special attention was
given to field work which was conducted through questionnaire based interview of
victims, counselors, conference group discussion, different office staffs of Government
offices as well as NGOs, personal memories of the victimized persons willing to share
the same (with confidentiality)and several organizations and (ii) Secondary data was
collected from literature (reports), unpublished reports, conference abstracts, news
paper articles, media coverage, information accessed through the internet, Police
reports, Courts reports, Commission‟s reports, Information of State Crime Record
Bureau, data from different offices, NGOs, Government departments and census
records. During the data collection both quantitative and qualitative research
techniques were applied to call the data from the field. In this regard different types of
questionnaires were used to collect the main information about the same.

E. Literature survey:
This study is important because no such work has been attempted earlier. While there
have been studies, which theoretically analyze questions of violence and a number of
studies on the impact of laws and women‟s movements, there has been no attempt to
examine the issue in the light of concrete and comprehensive data offered by thana
(Police Station) records. This study attempts to make the best use of a unique
opportunity to access and examine in detail Police records at the thana level. Thus the
proposed study is an empirical exercise based on Police records, Court records,
interviews and N.G.Os reports. The study will also make use of records such as

8
 INTRODUCTION

government documents, memoirs, foreign policy statements and ministerial speeches,

letters and interviews. Besides, secondary sources like books, journals, articles and
news papers will also be looked into. Relevant websites and other materials of
importance for this research will also be studied. This work, it is hoped, will be a break
through in the understanding of domestic violence and its causes and the cultural,
economic and social factors responsible for it.

F. Structure (Chapter):
The whole thesis will consist of six chapters. From the basic information of
demography of the study area to the analysis of the main problem and government
policies and related issues, the entire government of the subject will be discussed in the
following orders:

Chapter–I: Socio-economic and cultural patterns of the suspects/accused and the

victims/complainants: The chapter will deal with the social status, economic strength
and culture of the accused and the complainants in the selected areas.

Chapter–II: Statistical representation of the rate of domestic violence in the study area
with case studies: The chapter will highlight criminal acts or violations in the family in
the study area through statistical representation. The chapter will also deal with
different types of violence in the study area to show the real prevalence of violence
and crime at the family level.

Chapter–III: Awareness of possible legal remedies on the part of complainants: The

chapter will analyze the statistical data regarding awareness of legal remedy against
domestic violence, especially of such well known provisions as sec. 498A I.P.C.

Chapter–IV: Role of administration in combating domestic violence: The chapter will

show the role of administration in combating the violence. This will also discuss i)
lengthy judicial process for judgment, ii) lack of proper communication between the
judicial system and administration, iii) problems of internal judicial process (delay in
service of summons, denial of payment of coast to witness, etc.) iv) lack of proper
investigative methods, v) imbalance between judiciary unit and complainant, vi) lack
of co-ordination (lack of resources to apprehend absconders and lack of intelligence
about victims to detect the suspect.)

9
 INTRODUCTION

Chapter–V: N.G.Os and the issue of domestic violence: The chapter will deal with the
role of N.G.Os in creating awareness of domestic violence, laws and the condition of
people. Here the role of N.G.Os vis-a-vis government agencies will be discussed.

Chapter–VI: Summary, Conclusion and Policy Suggestions: This last chapter of the
thesis will discuss steps necessary for remedying the situation.

G. Limitation on data collection:

Collection of data pertaining to domestic violence is not an easy process. Preparation
of this data, processing, preservation, accumulation and the development of a data base
make for a challenging job. Because this social crime occurs within the four walls of
the home where the information of the fact remains conceited, the victimized females
are not always capable of disclosing the fact of violation in front of relatives, friends,
panchayet, police, court or other authorities. In this respect it is mentioned as a
hindrance to collecting the data. So collection of primary data as household data would
not have been possible without the help of such great brave heart victims, their friends,
relatives or relatives of the accused. In case of the policing system of this type cases
are handled mainly by male police personnel due to unavailability of female police
personnel. In this regard it is frequently found that the sordid details of violence and
torture are having seen it is not usually possible for a woman victim to disclose such
details in front of male police personnel. So the whole information of such cases does
not usually come out before the judiciary which tends to put a brake on the proper
judicial process. On the other hand it is frequently found that court data on The
Protection of Women from Domestic Violence Act is not available for the
organizations, service provider and researcher who are working on and analyzing the
Domestic Violence Act for better development and implementation. It is frequently
found that the lack of good communication among all the levels of the cases results in
poor information and data transmission. This weakness of communication tends to
hinder and obstruct the judicial process as well as the researcher in his search for data
on domestic violence.

10
 INTRODUCTION

H. Definition of domestic violence:

The issue of definition of domestic violence was a crucial one in the 1980s and 1990s,
when the second phase11 of the women‟s movement began to grapple with the question
of various kinds of violence within the home. There were attempts to arrive at a
precise definition of domestic violence and to understand how it could be set apart
from other kinds of violence to which women were also subjected. Manjari Gupta and
Ratnabali Chattopadhay12 argued, “The term „domestic violence‟ refers to the violence
and abuse women suffer at the hands of husbands or parents. It is not the same as
family violence a broader term, which refers to all forms of violence within families.
Though violence against women has been recognized internationally during the
nineties, many policy makers‟ policy documents, which acknowledging the wider
meaning of violence against women, focus almost entirely on domestic violence in
terms of policy and intervention.” There were also, at that time, attempts at widening
the concept of violence. Women activists found that the state took a very narrow view
of violence and that physical injuries of a very particular nature were considered
„violence‟. In the daily practice of subordinate bureaucracy this took some extreme
forms such as medical certification from government hospitals was issued only if there
was evidence of broken bones. In response to this, activists sought to address the
violence of a more subtle nature of mental torture, emotional deprivation and others.
Concerted effort over a period of two decades led to the passing of the Domestic
Violence Act, which for the first time provided a broad definition of violence and gave
it the force of law.
The definition of Domestic Violence Act, 200513 is now accepted all over India and it
covers the whole meaning of violence in the domestic environment. The Protection of
Women from Domestic Violence Act, 2005; Chapter II, Sec. 3 says „For the purpose
of this Act, any act, omission or commission or conduct of the respondent shall
constitute domestic violence in case it- (a) harms or injures or endangers the health,
safety, life, limb or well being, whether mental or physical, of the aggrieved person or

11
For details see Peggy, Antrobus, The Global Women’s Movement Origins, Issues and Strategies, The
University Press Ltd., Dhaka, Bangladesh, 2004.
12
For details see Gupta, Manjiri and Chattopadhay, Ratnabali, Law and Violence against Women
1970-2000, in Bagchi, Jasodhara, Ed., The Changing Status of Women in West Bengal, Saga
Publication, 2004.
13
Ray, M, the Protection of Women from Domestic Violence Act, 2005, Tax ‘N Law, Kolkata, 2007.

11
 INTRODUCTION

tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional
abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce
her or any other person related to her to meet any unlawful demand for any dowry or
other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by
any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved
person.
In this context, the concept of Patriarchy14needs special mention. Literally, Patriarchy
means the rule of the father. In general terms, however, the term is used to describe
the power of men in society to dominate women in various ways. Men possess
authority and the role of decision-making in the family as well as in society. Women
are expected to play subordinate, submissive and subservient roles. Researchers have
shown how in India patriarchy has fostered a number of social practices, which have
contributed greatly to the social marginalization of women. The institution of dowry is
a prime example. Not only does this circumvent questions of women‟s right to
property, large proportions of women across classes and communities are subjected to
intense humiliation, torture and on occasion, even killed in the pursuit of largesse in
the form of dowry. Alongside, more diurnal forms of discrimination can be related to
patriarchy as well, such as the high incidence of early marriage, denial of food and
education to girl children, the repeated rejection of girls/women with darker skin tones,
etc.
The issue of dowry15 looms largest in any consideration of domestic violence. In this
context it is also important to mention the concept of Stridhan16 which was prevalent
in traditional Indian societies. Gold ornaments, movable or immovable properties were
given to a woman in India at the time of marriage. It was meant to provide her with a
measure of economic security in case of emergency. However, today this has been
replaced by the dowry system among the Hindu families in India under which the
property is claimed from the woman‟s father in the name of the security of the woman.

14
For details see Bhasin, Kamla, What is Patriarchy? Kali Primaries, New Delhi, 1993.
15
For details see Talwar, Veena, Dowry Murder the Imperial Origins of a Cultural Crime, Oxford
University Press, Oldenburg, New York, 2002.
16
For details see Bagchi, Jasodhara, Ed., The Changing Status of Women in West Bengal, Saga
Publication, 2004.

12
 INTRODUCTION

In many cases, the dowry is no longer for the economic protection of women. Instead
it has become a method by which the bridegroom and his family extract as much
wealth as possible from the bride‟s family. Many wives are tortured mentally and
physically for the dowry not only at the time of the marriage but repeatedly throughout
their married life. Newly married wives or even wives who have been married a long
time are killed due to the failure to fulfill the demands of in-laws. In other words life
long transfer of wealth from natal to conjugal family is a common scenario in many
families. In this research, mainly mental, physical, sexual and psychological torture of
wives to their marital homes will be treated as domestic violence.
The significance of post-marital violence lies in the fact that, this form of violence is
perpetrated against a woman in her marital home, which has been construed as a
shelter and a haven for women affording them life long protection. The discourse
surrounding marriage is over laid with assumptions of „security‟ and „protection‟, the
husband and the conjugal family of the home supposedly offering a means of ensuring
the sexual purity of women. However, evidence shows that the safe haven of the
matrimonial home is perhaps one of the most unsafe places for women. In India,
matrimonial violence takes the forms of wife battering, dowry death, material or
economic deprivation or psychological torture.
In the case of India17, the figure for deaths that occur due to non-payment or partial
payment of dowry can be placed at around 5,000 per year. The total number of deaths
was 4,836 in 1990, 5,817 in 1993, 4,935 in 1994 and 5,092 in 1995. More or less the
same features are seen in the case of wife murder in India. The incidence of wife
beating varies between 0.3 to 1 per cent of the total adult female population. This may
not sound very high, but the battered victims and the indignation they face pose a
serious problem to society. In one year in India, about 25% of all crimes are related to
molestation. The total number of eve teasing cases was 8,620 in 1990, which increased
to 12,009 in 1993 but decreased to 10,496 in 1994 and 4,756 in 1995. In 1980-85 the
women‟s movements demanded rights as well as protection for women. From the
1980s, there have been a number of new legislative interventions, adding to the
existing laws for the „protection‟ of women. Some existing criminal acts were
amended in 1983 and 1986 to create special categories of offences, dealing with
cruelty to wives, dowry harassment and dowry death. The first amendment introduced

17
For details refer: Crime in India 2000, National Crime Record Bureau (NCRB), New Delhi, 2000.

13
 INTRODUCTION

a new section; cruelty to wives under 498A of I.P.C which was promulgated to protect
women from the torture of domestic crimes. This section of the I.P.C.18 was used
extensively by women against domestic violence. The other supporting sections of
I.P.C.19 are –302, 304, 304B, 306, 313, 319, 322, 323, 324, 325, 326, 334, 336, 337,
338, 344, 347, 354, 363, 366, 366A, 375, 376(1), 377, 498A, 509, 511. On the other
hand it is also necessary to mention The Protection of Women from Domestic
Violence Act, 2005 which protects women from domestic crimes and explains the
responsibilities of different division of this Act. This Act was made in 200520 and
implemented (as rule) on 26th October, 2006. This long list is particularly important to
note. It shows that there has been no dearth of legal safeguards and remedies against
certain acts of violence in India. The problem, however, lies in lack of awareness and
in the implementation of these laws and in the problems of different social segment
and their activities. Many women and men from the socially depressed sections of
society are unaware of the legal safeguards. Even when they are aware, accessing
police assistance and legal remedy may be difficult for the vast majority of poorer
women. So it can be said that socio-economic and cultural backwardness of society is
the main reason for domestic violence; though the sufficient legal safeguards are
available, lack of proper implementation and fast judicial action is the main obstacle in
abolishing this kind of violence from society. Later these will be discussed.
In West Bengal a large number of instances of suffering of women in the conjugal
family are found frequently, to name a few,
i. Passing sarcastic remarks which will he treated as incidents of psychological
torture.
ii. Women being compelled to stay in a separate room and not being allowed to
communicate either in verbal or non-verbal way with her parents.
iii. Denial of food.
iv. Use of filthy language.
v. Punching and throttling with the intention of murder.
vi. Addressing the woman as a „whore‟.
vii. Telling the woman repeatedly that she belongs to a lower socio-economic class
in comparison to her in-laws.
18
For details see All India Police Hand Book, Lawman Publishing House, Kolkata, 1998.
19
For details see All India Police Hand Book, Lawman Publishing House, Kolkata, 1998.
20
For details see Ray, M, The Protection of Women from Domestic Violence Act, 2005, Tax ‘N Law,
Kolkata, 2007.

14
 INTRODUCTION

viii. Telling the woman that her husband will get married for the second time. (This
is a severe blow to a woman‟s self-esteem, both as a woman and as a life
partner.)
ix. Trying to prove that the woman is „insane‟.
x. Trying to defame her through accusation of having sexual relationship with any
other person/s.
xi. Intentional avoidance and a non-sympathetic attitude towards domestic labor of
the victim.
xii. Prohibiting the victim from going out and meeting others.
xiii. Pouring acid or similar corrosive substances on her face and other parts of the
body.
xiv. Being raped by the father-in-law.
xv. Being pressured to have sexual relationship with husband‟s friend for any
material gain.
xvi. Being compelled to take alcohol.
xvii. Being forced to go to a psychiatrist and take strong drugs.
xviii. Pre-birth- Sex-selective abortion; effects of battering during pregnancy.
xix. Infancy- Female infanticide; physical, sexual and psychological abuse.
xx. Girlhood- Child marriage; female genital mutilation; physical sexual,
psychological abuse; incest; child prostitution and pornography.
xxi. Adolescence and adulthood- Dating and courtship violence, economically
coerced sex, incest; sexual abuse in the workplace, rape, sexual harassment,
forced prostitution and pornography, trafficking in women, partner violence,
marital rape, dowry abuse and murder, partner homicide, psychological abuse,
abuse of women with disabilities, forced pregnancy.
xxii. Elderly- Forced „suicide‟ or homicide of widows for economic reason, sexual,
physical and psychological abuse.
xxiii. Economic torture by not supporting financially.

I. The problem of domestic violence:

Domestic violence (also known as domestic abuse or spousal abuse) occurs when a
family member, partner or ex-partner attempts to physically or psychologically
dominate another. Domestic violence often refers to violence between spouses, or
spousal abuse but can also include co-habitants and non-married intimate partners.

15
 INTRODUCTION

Domestic violence occurs in all cultures, people of all races, ethnicities, religions,
sexes and classes can be perpetrators of domestic violence. Domestic violence is
perpetrated by both men and women. Domestic violence has many forms, and includes
physical violence, sexual abuse, emotional abuse, intimidation, economic deprivation,
and threats of violence. Violence can be criminal and includes physical assault (hitting,
pushing, shoving, etc.), sexual abuse (unwanted or forced sexual activity), and
stalking. Although emotional, psychological and financial abuses are not criminal
behaviors, they are forms of abuse and can lead to criminal violence. There are a
number of dimensions including mode - physical, psychological, sexual and or social;
frequency on or off, occasional, chronic; and severity in terms of both psychological
or physical harm and the need for treatment transitory or permanent injury- mild,
moderate, severe up to homicide. Recent response to domestic violence began with
the women's movements, particularly feminism and women's rights, in the 1970s, as
concern about wives being beaten by their husbands gained attention. Awareness and
documentation of domestic violence differs from country to country. Estimates are that
only about a third of cases of domestic violence are actually reported in the United
States and the United Kingdom. According to the Centers for Disease Control,
domestic violence is a serious, preventable public health problem affecting many
people all over the globe. Popular emphasis has tended to concentrated on women as
the victims of domestic violence. However, with the rise of men's movement, and
particularly masculism and men's rights, there is now advocacy for men victimized by
women. Though this form of violence is often portrayed as an issue within the context
of heterosexual relationships, it also occurs in lesbian relationships, daughter-mother
relationships, roommate relationships and other domestic relationships involving two
women. Violence against women in lesbian relationships is about as common as
violence against women in heterosexual relationships. Violence against women by
women also exists outside the sphere of relationship violence, probably even less
research has been done on this subject.21
The phenomenon of domestic violence is as old as human civilization. Violence in
homes has been going on since hundreds of years all over the world. Society
deliberately formulated beliefs and traditions which facilitated this form of violence –

21
For details see Agnes, Flavia, Protecting women against violence. Review of a decade of Legislation,
1980-89, Economic and Political Weekly. Vol. 27 No. (17), 1992, pp. 19-33.

16
 INTRODUCTION

especially towards women. That is social norms were deliberately floated to ensure the
subordination of women.
Domestic violence manifests itself in many ways – spousal, man on woman and
woman on man; adults on children and children on adults; woman on woman and man
on man. Sometimes, domestic violence also manifests itself as family wars or clan
wars. Overtly, subordination of women has always helped to shape the course of this
violence. The percentage of domestic violence is always more in countries where the
laws and social norms diminish the status of women. Woman is usually the chief
victim of domestic violence. Domestic violence was recognized as a specific problem
in the United States in 1983. Domestic abuse became a matter of public awareness
during the women‟s movement of the 1970‟s. This served to change the course of
American history and had a visible impact on the whole world. In India, domestic
violence came to be formally recognized as a specific criminal offence, when section
498A was introduced in the Indian Penal Code. This section is formulated to deal with
cruelty by a man or his family, towards a married woman. The rate of domestic
violence is extremely high in countries like Egypt and Zambia. Social activists in India
are of the opinion that the attitude of society is a strong deterrent having the way for
steps taken to diminish or eradicate the scourge of domestic violence. Domestic
violence can be engendered by stress that is created from living in a family situation.
The perpetrator and the victim can be anyone. Family pressures can create a pressure
cooker situation for some individuals causing them to burst.
Economic and social circumstances can also induce tension which can result in
violence. Women are more vulnerable to domestic violence world over, because they
are economically dependent on their male counterparts, have children to care for and
are physically weaker. Dependents can be coerced and violated with more case,
because it is more difficult for them to make an exit, or escape a violent partner or
family members. The human need for control and coercion to deal with individual
need for security, in order to handle personal complexes, has mainly led to violence
within the four walls of homes since the beginning of human society. This is due to
socio-economic circumstances, and the personality of the perpetrators and the victims.
Psychology plays a big part in the domestic drama of violence. Gender issues also play
a big part in domestic violence where woman being the more vulnerable gender. Men,
old people and children can also become victims of domestic violence in specific
situations. Above all, domestic violence has been an intrinsic feature of human society
17
 INTRODUCTION

since times immemorial, because it is often impossible to escape the four walls, within
which one lives with other human beings. An escape from abuse in domestic set up is
almost impossible, correction being a more practical solution. Violence against women
puts huge pressure on a nation‟s socio-economic fabric resulting in heavy losses in
terms of productivity. According to a UN press report two thirds of married Indian
women are victims of domestic violence. Seventy percent of married Indian women
between the ages of fifteen and forty nine were proven victims of ugly incidents like
rape, beating, forced or coerced sex (United Nation Population Fund Report) and each
incident of domestic violence leads to the loss of seven working days for a woman in a
country like India. Economically dependent women are generally found to be more
vulnerable to violence. A survey done in the Indian state of Kerala sited that forty nine
percent of women who owned no property reported violence compared to seven
percent from those who were owners of land and property. It has been found that one
out of five women who are victims of rape or attempted rape are abused and coerced
by family members or known people. Family counseling centers set up by Madhya
Pradesh police department and supported by United Nations Fund for Population
Activities have been extremely helpful in providing legal services in dowry related
cases, child marriages, rape and harassment by in-laws. The efforts of international
organizations and the Indian government to launch overt campaigns to counter the
menace of domestic violence, atrocities against women continue unabated. Women in
developed and developing countries even tend to justify wife-beating for one reason or
another. Men are seen to violate their female counterparts for neglecting children,
going out without informing them, arguing with them, refusing sex and not cooking
food properly on time. Deep rooted social conditioning in terms of accepting violence
against women inhibits the effectiveness of measures which are taken by governments
and social workers against domestic violence. The countering attitude is deep rooted in
developing and developed societies all over the world. Violence literally cripples or
kills many women between the age of fifteen and forty four, taking a toll on their
physical well being and mental health. The effects of gender based violence are truly
devastating. It can translate into life long emotional trauma and take an immense toll
of human productivity and social health. Abused women are also vulnerable to HIV
and put an immense burden on health services and other resources. Moreover, the
effects of domestic violence extend to the future generation. The children who witness
domestic violence can become psychologically disabled for life. The most common
18
 INTRODUCTION

forms of violence against Indian women include female feticide, dowry based
harassment and death, physical and mental abuse, sexual trafficking and public
degradation. Any protest related to domestic violence is usually smothered within the
walls of Indian homes due to the orthodox and patriarchal nature of the society.
Violence can be perpetrated by the mate or other family members in the joint family
system in Indian households. Selective abortion based on the sex of the fetus can be
very damaging for a woman who is under great pressure to produce male children. It
violates the dignity of being human and can be spiritually damaging for the entire
community. It has been observed that two-thirds of Indian women (married) have
faced domestic violence in their lives. Seventy per cent of married Indian women
between the age of fifteen and fifty have been physically assaulted, raped or coerced
into sex by their spouses according to a report generated by United Nation Population
Fund. Women coming from rural background in India are more vulnerable to domestic
violence compared to their counterparts in urban areas. This is because of their
vulnerability due to lack of education, exposure, opportunity and the nature of Indian
society. The Indian state of Bihar tops the list of women who are physically abused by
their spouses. Married women from the state of Himachal Pradesh are found to be less
likely to face violence at home, compared to other states in India. Thirty seven percent
of Indian rural women have faced abuse and violence at home according to a new
survey (NFHS-3)22 done by National Family Health body. They were found to be more
vulnerable to violence due to lack of education. Rural women with no education are
more easily violated by their spouses and in laws, but very few report this in public.
However, it has been found that rural women with secondary or higher secondary
education are also abused by their marital families more often than those who are born
and bred in urban areas and given less education.
It has also been observed that illiterate women face more violence from their husbands
compared to literate women. According to National Family Health Survey-3, 37.2 per
cent of Indian married women have experienced violence and abuse by their spouse.
Most of the women‟s groups were unanimously vocal in articulating the need for a law
against domestic violence by this time. They pointed out that half of India faces the
threat of typical gender based violence. It was also recognized that the existing
criminal laws were proving inadequate in meeting the needs of Indian women.

22
For details refer: National Family Health Survey (NFHS-3), 2005–06 India, volume I, International
Institute for Population Sciences, Mumbai, September, 2007.

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 INTRODUCTION

Subsequently, the lawyers collective came out with its copy of a law on domestic
violence in 1999 after a nation wide consultation with various women‟s groups.
Following this the government of India introduced a bill on domestic violence in the
Lok Sabha. The Bill was titled „The Protection from Domestic Violence Bill 2001‟.
There has been a lot of controversy surrounding this bill both domestically and
internationally in terms of its implications and reach. The Indian judiciary has created
a kind of social revolution in India by plugging the loop holes in the bill and bringing
it into effect in its latest form. This new law is a landmark in the attempts to protect
women against domestic violence. The new domestic violence bill bans dowry related
harassment by way of dowry demands. The law has specially proved effective,
because it gives sweeping powers to a magistrate to grant protection in such cases.

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