P.

VAISHALI

ROLL.NO - 6053/20

B.A POLITICAL SCIENCE (H) SECOND YEAR

SEMESTER 3

YOUR LAWS YOUR RIGHTS

RESEARCH PAPER (TOPIC) – RISING CONCERNS OF DOMESTIC VIOLENCE IN INDIAN SOCIETY

RISING CONCERN OF DOMESTIC

VIOLENCE IN INDIAN SOCIETY
ABSTRACT

Domestic violence (DV) is prevalent among women in India has been associated with poor , mental
and physical health. As observed globally and in India , the Covid 19 lockdown period has resulted in
a staggering increase in domestic violence cases. According to a recent report by UN women, to
43million women and girls aged 15-49 globally have been subjected to sexual and / or physical
violence perpetrated by an intimate partner in the past 12 months. Further, The National
Commission for women (NCW), which receives complaints of domestic violence from across India,
has recorded more than a twofold rise in gender based violence in the national lockdown period.
This can be attributed to domestic violence manifesting as a form of release by abusive partners who
are presently bound at home.

INTRODUCTION
Domestic of family violence is one of the leading causes of female injuries . It primarily effects
women and operates to diminish women’s autonomy and sense of self-worth . The term ‘ domestic’
denotes ‘within the territory of home’. It is sadly a reality in Indian society., it became an acceptable
practice to abuse women. There may be many reasons for the occurrence of domestic violence.
From a feminist standpoint , it could be said that the occurrence of domestic violence against
women arises out of the patriarchal set up , the stereotyping of gender roles and the distribution of
power, real or perceived, in society. This notion carries with it , the demolition of the assumption
that home is a secured place for the protection of an individual. The women are made hostages at
home in a way and their lie becomes a prey to the whims and fancies of the people exercising the
violence.
METHODOLOGY
This research study has consciously addressed issues related to research design , and attempted to
develop a suitable methodology to study domestic violence. Based on various articles and reports.

PROTECTION OF WOMEN AND FUNDAMENTAL RIGHTS

1.The right to be free of violence: In Francis Coralie vs Mullin V. Union Territory Delhi ,
Administrator, the Supreme Court stated.

Any act which damages or injure interface with the use of any limb or faculty of a person , either
permanently or even temporarily , would be within the inhibition of Article 21.

This right is incorporated in the act through the definition of physical abuse , which constitutes
domestic violence (and is hence punishable under the act ).Physical abuse is said to be consist of acts
or conduct of such nature that they cause bodily pain , harm , or danger to life limb or health , or
impair the health or development of the aggrieved person. Apart from this, the act also includes
similar acts of physical violence and certain acts of physical violence as envisaged in the Indian Penal
code within the definition of domestic violence by adoption of such an expensive definition , the act
protects the right of women against violence.

2. The right to dignity: Ahemdabad Municipal Corporation vs Nawab Khan Gulab Khan, the supreme
court emphasized the fact that the right to life included in its ambit the right to live with human
dignity, basing its opinion on a host of cases that had been decided in favour of this proposition. The
right to dignity hood include the right against being subjected to humiliating sexual acts . It would
also include the right against being insulted . This two facets of the right to life find mention under
the definition of sexual abuse and emotional abuse , respectively. A praiseworthy aspect of the
legislation is the very conception of emotional abus e as a form of domestic violence. Recognition of
sexual abuse of the wife by the husband as a form of violation to the person is creditable , especially
as such sexual abuse is not recognized by the IPC as an offence . This acts would fall within the
confines of domestic violence as envisaged by the act , though the definition would not be limited to
it.

3. The right to shelter : In Chameli Singh vs State of U.P , it was held that thr right to life would
include the right to shelter , distinguishing the matter at hand from . Gauri Shankar vs Union of India
where the question had related to eviction of a tenant under statue .Ss.6 and 17 domestic violence
act reinforce this right. Under S.6, It is a duty of the protection officer to provide the aggrieved party
accommodation where the party has no place of accommodation, on request by such party or
otherwise . Under S.17 , party’s right to continue staying in the shared household is protected .
These provisions there by enable women to use the various protections given to them without any
fear of being left homeless.

ANTI DOWRY LAWS

The attempt to eradicate the evil system of dowry through the mechanism of the law as far back the
Sindh Leti Deti Act of 1939 . The first national anti dowry legislation popularly known as a dowry
prohibition act was passed in 1961,and this act applies to all the communities in India . However the
act proved quite ineffective, which demanded changes in this toothless piece of legislation with a
view to remedy the inherent weakness of the dowry prohibition act , this act was amended in the
year 1984 and again in the year 1986 to make the provisions of the act more stringent and stricter
than before and also to make its implementation effective . Law commission 91 st report 1983 ,
recommended certain several provisions in IPC , Cr. PC and Indian Evidence Act to combat this social
evil.

JUDICIAL EFFORTS
Apart from the efforts of legislature , judiciary is also playing a important role in combating and
eradicating the evil dowry system from the Indian society. In case of Kundula Bala Subramaniam vs
State of A.P. , The Supreme court gave some indication in dealing with the case of dowry related
violence.

The Apex court observed the such cases ought to be dealt with in a more realistic manner and
criminals should not be allowed to escape on account of procedural technicalities or insignificant
lacunae in the evidence and the court are expected to be sensitive in cases involving crime against
women .

In case of Stree Atyachar Virodhi Parishad vs Dilip Nathumalm Chordia , The Supreme court observed
, ‘We are referring to these provisions only to emphasize that it is not enough if the legal order with
the sanction above moves forward for protection of women and preservation of societal values . The
criminal justice system must equally respond to the needs and notion of the society. The
investigation agency must display a live concern . The court must also display greater sensitivity to
criminality and avoid on all court ‘soft justice’.

The domestic violence Act promotes the rights of women guaranteed under Articles14 and 15 .
Domestic violence is one among several factor that hinder women in their progress , at this Act seeks
to protect them this evil. A classification between women and men, protecting only women from
domestic violence , but this classification is founded on a intelligible differential, namely , gender
and also has a rational nexus with the object of the Act . Further, the Act is far from arbitrary, in that
it is well thought and necessary attempt to curtail domestic violence and eventually vanquish it . It is
to be remembered that it is generally women who are the victims of domestic violence, and not
man. At this stage , it is also essential to keep in mind Article 15(3) which empowers the state to
make legislation like this for the benefit of women thus creating an exception in their favour against
the operation of Article 15 (1)

Where the acts fails ?

The act could play a stellar role in protection of women’s rights in the household and in guarding
from the domestic violence. A recognition of domestic violence as something unacceptable , where
it has become yet another social practice , is necessary and indeed , commendable in a patriarchal
society. Having recognised the rights of women and the violation of these rights , the next step taken
is providing innovative and efficacious remedies to enforce the same .

Firstly , an aggrieved person as defined by the act , is a women who is , or has been in a domestic
relationship with the respondent. While the Act define a child as any person below the age of 18
years , the definition of domestic violence itself refers at all stages only to an aggrieved person and
not to a child; the only relevant place in which a child is mentioned is S.18(C) , where it is started
that a magistrate may pass a protection order restraining the respondent from entering the school
of the child where the aggrieved person is a child . It could be said that the act was passed to cater
to the needs of women and not boys, after all , the very title of the Act indicates that it has been
enacted to protect the rights of women , yet , it must be kept in mind that domestic violence though
predominately faced by women , be they wives, mother, sisters or daughters , is also aimed against
male children at times , it seems a poor excuse to say that male children should not be provided
easily accessible relief from domestic violence because of their gender. Even if other form of
violence could be adequately addressed by the IPC (though this hardly seems the case) , it is a fact
that the sexual abuse of male children cannot be redressed in any opposite manner by it. The
subsequent 172nd Law Commission Report where it was argued, among other things that the offence
as addressed in the IPC be defined in gender neutral terms. So that the protection could be extended
to male children as well. This was necessary keeping in mind then increased and increasing instances
o9f sexual abuse of children, male and female . Once it is acceded that male children ARE effected as
much by sexual abuse by female children , it must be accepted that they need to be protected from
such abuse within the ‘private’ sphere to . On the face of it , there seems to be no concreate reason
for denying male children protection from domestic violence .

Best practices among responses to domestic violence in Maharashtra and Madhya

Pradesh

Legal and judicial responses

The state’s perspective and approaches to domestic violence has the impact upon responses . Most
of the sate responses seek to mediate solutions to the problem of domestic violence in a manner
that does not lead to the broken down of marital relations. State initiative include community –
policing initiative such as the Mahila Dakshata Samiti (women’s advisory boards) , police counselling
cells All Women Police Station, family courts, illegal aid boards . The over reading concern in each of
these efforts is to identify and work out solutions to immediate conflicts within the matrimonial
house hold. This tendency is partly dictated by the field reality that many women may not
necessarily opt for a break in the marriage , and partly by the state’s own view that marriage is an
inviolable institution that needs to be preserved .

JUDICIARY: In the last decade , the government of India has responded to domestic violence with
several amendments in law. Most of the amendments have characterized domestic violence as
dowry harassment and dowry deaths. Of these section 498A has been ground breaking in
highlighting the criminal dimension of mental and physical cruelty inflicted by the husband and / his
relatives for reason that may extend beyond “unlawful demands” .. It is believed to have a strong
deterrent value because of its immediate repercussion. Section 498A classifies domestic violence as
a cognizable offense , which means that the accused can be arrested without a warrant. Therefore ,
it serves in deterring the abuser from inflicting harm on the woman. It also gives the woman
leverage to negotiate a solution to her plight.

LAW ENFORCEMENT: In keeping efforts to encourage reporting of crimes against women and more
sensitive handling of such cases , the creation by the state of All Women Police Stations is an
important step . Such interventions may have been designed for the socio culture environment of a
particular region and this partly justifies the need for All Women Police Stations in a state such as
Madhya Pradesh , where women are very reluctant to approach male police officials. This is seen as
token measures and suffer from several inadequacies .Female officers are seen as incapable of
physical combat. The stations suffer from lack of adequate personnel , infrastructure , support , and
cooperation .
The Mahilala Police Thanas in Madhya Pradesh are not operating at full staff strength.

Other interventions within the judiciary such a s the Lok Adalats and Mahila Adalats (women’s
court’s) are constrained by their lack of punitive power . As a result these bodies function primarily
ad conciliatory mechanisms and rely on mediation counselling to bring the erring parties to an
understanding .

Criminal violence
It is imperative that the state recognizes the criminal nature of domestic violence and takes
adequate measures to criminalize the offense . State reluctant to delve into e=what it sees as the
private sphere is placing increasing numbers of women at risk. Many NGOs have extensive reach
(including rural and remote areas ) have mobilized community awareness , and have used a range of
strategies to prevent domestic violence as well as to build the lives of women victims .

Preventive Services

General outreach to women remain unaware of services that are available .The state agenda has
occasionally favoured taking proactive , progressive steps to combat certain traditional community
practices such as that of community prostitution. The research has examined , initiatives taken
against a form of community prostitution practiced by the Bedia Tribals of Madhya Pradesh. The
state instituted several schemes and programs to stop this community condoned form of
prostitution .

Supportive services

Research data shows that in seven of the shelter homes surveyed in Madhya Pradesh , only 112
women accessed shelter services despite a combined capacity for 370 residents. Government run
shelter homes, often perceived as shelter for a woman and her dependents , usually restrict both the
number and age of the dependents as well as the mobility of residents. Shelter home sponsored by
the state but managed by voluntary agencies are less restrictive , yet there are still relatively few
childcare arrangements and working women may thus be forced to take the children with them or
make separate arrangements. Despite these drawbacks , the provision of alternative shelter is a
critical element of a strategy to address gender based violence in a concerted way. For example, in
1997 only 0.03 percent of the total expenditure of the central programme , Social Welfare Board in
Madhya Pradesh was set aside for the maintenance of shelter homes whereas in the same year , 6.9
percent of the funds were set aside for counseling activities.

State Interventions

Foremost among state intervention have been the criminalization of domestic violence and the
passing of several amendments to address the issue of dowry harassment and dowry death. Other
measures have involved efforts to make legal services more accessible to woman. This has resulted
in the setting up of Legal Aid Cells, Family Courts, Lok Adalats or Peoples’ Courts, and Mahila Lok
Adalats or Women’s Courts. Attempts to make the police more accessible to women have taken the
form of All women Police Station .Police counselling cells, community policing initiatives, and special
cells run by NGOs at police station have also sought to address different needs of women
experiencing abuse. Among the other state has reponses have been counselling cells and shelter
homes. N Certain states initiated district level programs to address the additional; needs of income
generation and employment.
NGO Interventions

Ideologically , various organizations are positioned differently on women’s issue . While some
organizations have reached out to affected women directly with legal aid , family intervention ,
alternative shelter, and economic programs providing income generating opportunities , many
others have refrained from tackling the issue of violence head on . Those organizations operating
with an understanding of the structural nature of domestic violence seek to empower women
through education , legal awareness , asset creation , and mobilization of strong women’s groups.

CONCLUSION
This research suggests that in Indian society , solutions to much domestic violence must be found
within the family setting and within the community. Strategies that should be inspect further are
education of women and girls, gender sensitivity education at males , the formation of women’s
groups to minimize isolation and increase power , and the use of mass media to promote more
balanced , healthy perception of male female relationships .Understanding both factors and
underlying causes for abuse as well as the well as the structures that women feel comfortable for
support provides a starting place for taking initiatives to reduce violence .A strong campaign against
domestic violence could be launched only when we try to implement the already existing measures .
The ways in which correlates such as age, caste , education and duration of marriage are associated
with different forms and factors is an important finding that can aid in informing specific efforts in
domestic violence prevention and intervention .

REFERENCES
Harini Sundersan and Niruphama Ramakrishnan “The Domestic Violence Act: Constitutional
perspectives’. https://www.legalserviceindia.com/articles/dmt.htm

Rima Bhardwaj “Domestic violence in marriage : in the light of theories of feminist jurisprudence”
https://www.legalserviceindia.com/article/l263-Domestic-Violence-in-Marriage.html

Domestic violence in India 1 : Domestic-Violence-in-India-1-Summary-Report-of-Three-Studies.

https://www.icrw.org/wp-content/uploads/2016/10/Domestic-Violence-in-India-1-Summary-
Report-of-Three-Studies.pdf