PREVALENCE OF DOMESTIC VIOLENCE

AGAINST WOMEN AND ITS IMPACT ON THEIR

LIVES

SUBMITTED BY SUBMITTED TO

PIYUSH DHUNNA PROF. (DR.) MEENU GUPTA

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 DOMESTIC VIOLENCE AGAINST WOMEN, CAUSES

AND ITS IMPACT

INRODUCTION

Domestic violence is a frequently talked discourse which highlights the sufferings of a

woman being victim to such atrocities done by her own family members. Physical,
emotional, sexual, economical violence are so interconnected that one could lead to other
violence. There is a huge web of reasons for domestic violence and it is unknown which
spark of reason could be fire of violence. Violence done by family shakes the confidence
of women and destroys her trust. It psychologically effects the life of victim and
demolishes her belief upon family. Whom the women thought to be their supporters,
becomes the hijackers of their support and leave them ruin. The instant chapter is dealing
with the concept of Domestic Violence, how it is being defined under Domestic Voilence
Act, Black‟s law, by authors; what are the causes for domestic violence and how does it
effects to the life of victims.

WHAT IS DOMESTIC VIOLENCE?

The term domestic violence has been defined under Black‟s law Dictionary separately as
“Domestic- Pertaining, belonging, or relating to a home, a domicile, or to the place of
birth, origin, creation, or transaction”30 31 32
and “Violence- Unjust or unwarranted

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exercise of force, usually with the accompaniment of vehemence, outrage or fury.” 33 34

“Force, physical force, force unlawfully exercised, the abuse of force, that force which is
employed against common right, against the laws, and against public liberty."35 36

Section 3 of PWDVA broadly defines the terms Domestic violence, as: “any act,
omission or commission or conduct of the respondent shall constitute domestic violence
in case it harms the health and well being by harassing or hurting for dowry, money or
property which includes threatening, physical or mental pain.”37

“The term "violence against women" means any act of gender-based violence that results
in, or is likely to result in, physical, sexual or psychological harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of liberty, whether
occurring in public or in private life.”38

According to National Coalition Against Domestic Violence (NCADV), “Domestic

violence is the willful intimidation, physical assault, battery, sexual assault, and/or
other abusive behavior as part of a systematic pattern of power and control perpetrated
by one intimate partner against another.”39

“Domestic violence also known as domestic abuse, IPV or abuse which may start when
one partner feel the need to control and dominate the other.”40

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Domestic violence and emotional abuse are behaviors used by one person in a relationship to
control the other. Partners may be married or not married; heterosexual, gay, or lesbian; living
together, separated or dating.41

TYPES OF DOMESTIC VIOLENCE

Domestic violence includes physical violence, sexual violence, psychological violence,

economical and emotional abuse.42 Domestic violence is of several types such as beating,
pushing, assaulting, abusing etc. which broadly falls under the above named categories
given by NCADV and also explained under PWDVA, 2005. The explanation of the types
of domestic violence is discussed as follows:

 PHYSICAL VIOLENCE

Any act where an individual attempts to harm another through physical means.43 Under
PWDVA physical violence has been named as “physical abuse” which means “any act or
conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or
health or impair the health or development of the aggrieved person and includes assault,
criminal intimidation and criminal force”.44 It could be slapping a wife or throwing
something at her that could hurt her, pushing, fist blow, kicking, dragging, beating,
choking, burning or threatening through some weapons etc.45

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SEXUAL VIOLENCE

Under PWDVA, “Sexual abuse” includes “any conduct of a sexual nature that abuses,
humiliates, degrades or otherwise violates the dignity of woman”. 46 It is a force imposed
upon wife to have sex with the partner even if she does not desire. 47 Compelling to watch
pornography when she doesn‟t want to or doing unnatural sex with her, are the various
form of sexual violence. Even men with their egoistic behavior 48 do marital rape which is
also known as “spousal rape” and it is non-consensual. It is physically and emotionally as
damaging as rape by a stranger and it is a situation where victim‟s voice is often
suppressed and she is forced to bear such cruelty by her husband without making any
complains to formal and informal agencies.

EMOTIONAL/VERBAL/ PSYCHOLOGICAL VIOLENCE

It includes insults, “humiliation, and name calling or ridicule specially with regard to not
having a child or a male child; and repeated threats to cause physical pain to any person
in whom the aggrieved person is interested” [section 3, Explanation I (iii)].49

UNFPA under its large survey explained emotional and psychological violence through
various examples, such as- insulting wife or making her feel bad about herself; belittle or
humiliating wife in front of others; scaring/ intimidating; threatening to hurt a wife of
person in interested (of whom she cares about).50 In a large multi-site household survey,

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INCLEN51 had found that about 44% women reported at least one psychologically
abusive behavior and 40% reported, experiencing at least one form of physical violence.

ECONOMIC ABUSE/VIOLENCE

It includes- not providing money to wife to run household or for children; not giving/
letting the wife use her “stridhan” (wedding gifts); selling or giving away household
goods or any other asset in which the wife have an interest; trying to control wife‟s
money and not letting her live in shared home.52 However, economic abuse has been fully
demystified under section 3, Explanation I (iv), PWDVA, 2005

CAUSES RESPONSIBLE FOR DOMESTIC VIOLENCE

It is a known fact that there is no single factor abaft violence perpetrated against
women.53 In fact there are several reasons behind domestic violence and it is
unpredictable which act of the victim could result into violence from perpetrator.
Violence against women is partly a result of gender relations that assumes men to be
superior to women.54 Greed in the form of dowry penetrating in the brain of husband and
in-laws changes their attitude towards women and which works as graveyard for
emotions. Domestic violence not only hurts the victim but it creates a scar which stays
with victim for lifetime compelling them to think twice before taking any decision.
Moreover it breaks the belief system of victim, who often starts disbelieving people who
come in contact with her. Child maltreatment; low education, or exposure to violence in
the family, deleterious use of alcohol, gender inequality and attitudes accepting violence

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are the factors fraternized with increased risk of perpetration of violence. 55 Evidences
from High-income setting claims that among young people, relationship violence (or
dating violence) may be prevented effectively through school-based programmes.56

Following are the some of the causes of Domestic Violence discussed as under:

DOWRY

Oxford dictionary defines dowry as “the amount of property or money brought by a bride
to her husband on their marriage”.57 It is the wedding gift to a bride from her family
(parents) and was first originated among upper caste families. 58 In Indian marriages,
along with the giving away of the bride (called Kanyadaan) dowry is paid in cash or/and
kind by the bride's family to the bridegroom's family. 59 India having literacy rate of
74.04%, and it is quite rational to consider literacy as the primary cause for different
social evils.60 Among the causes listed for wife-beating or spousal abuse, today the
disputes related to dowry forms a constituent part. 61 Huge amount of Dowry is also
referred as social status for the bride‟s family and tremendous efforts are made to pay as
much as they can. Losing a marriage proposal is often a threatening picture for girl‟s
family as their status in the society descends. It is being demanded to compensate the
costs of the groom‟s education and other liabilities.62

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The endless greed of members of matrimonial home and their desire to fulfill their needs
from the dowry force the women to bring as much money as she can from her parents.
For this the women are maltreated, tortured to dire consequences, beaten, and sometimes
burnt to death (bride burning). The incessant torture and harassment by husband and in-
laws to extort huge sum, women are often abetted to commit suicide.

In Most of the dowry deaths occur the young woman are harassed to its utmost level.
When the women finds such harassment and torture unbearable, commits suicide and
among these most of suicides are by hanging or by fire. 63 It has always been a common
perception in the society that a woman is a liability and has to be married off someday,
with a huge dowry debt at disposal, therefore it shall not be wrong to consider dowry as a
catalyst for the issue of domestic violence. 64 Dowry is claimed as one of the causes for
domestic violence.65 It starts from verbal abuse, battering, torture, ultimately ends into
death and has become one of the major factors for violence against women. 66 In a case
study of Lakshipur district published in the “Daily Prothom Alo” in April 2008, a poor
farmer killed his two daughters as he failed to pay the promised dowry to his son-in-
law.67

In the year 2014 there had been 8,455 cases of dowry deaths and, it‟s a good news that
there is a marked decline in the cases of dowry deaths by 9.7% during the year
2015(7,634 cases) over the previous year.68

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LACK OF EDUCATION

Lack of education decides the vulnerability of women. The greater the years of schooling,
the greater opportunity will be there for women to gain knowledge and information
which would make them less vulnerable. 69 Although education does not provide the
power to change the traditional perception of labour within household, but it is seen that
well educated women still equal power is bourne in relationship with their husband and
are less dependent upon their husband‟s approval.70

The S.C. observed an alarming increase in cases relating lack of education and economic
dependence of women torture, harassment, abetment to suicide and dowry death have
encouraged the greedy perpetrators of the crime. 71
Therefore it is prudent to say that
education does play a vital role on women‟s power and autonomy.

SHARE IN THE ANCESTRAL/ FATHER’S PROPERTY

Women are often forced by their husband and in-laws to ask for share in the ancestral
family or from father‟s property which they would use to fulfill their desires and have a
luxurious life. Widows are also tortured by their in-laws and threatened to abandon their
share of the property upon which she has legal right after her husband and are also
compelled to live in rags. They also forcefully take away the property rights by adopting
wrongful means leaving behind no option for her to lead a dignified life.

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EXPECTING MALE CHILD/ REPETITIVELY GIVING BIRTH TO GIRL CHILD

It is the most prevalent form of domestic violence occurring in the Indian society where
girl child is not acceptable with open hearts. Female feticides, amniocentesis (sex
determination test), abandoning women because of giving birth to girl child repetitively,
sex selective abortion practice are the common incidences happening in families creating
stress in the life of women. Female infanticide too is a nocuous epitome of an ideology
that devalues a girl child.72 The heinous acts against girls shows that the impeding social
and financial burden of girl (for education and marriage) in later years, conquers the joy
of the birth of the girl child and constrains the parents and the family to commit such
atrocities on the innocent female child73 which is an emotional violence for the mother of
that girl.

TALKING TO PARENTS/ RELATIVES/ FRIENDS/ NEIGHBOURS

In a male dominating society, the word tolerance is losing its relevance in today‟s world.
Women are not anymore allowed to afore men because of the stronger belief that one
who cannot control woman would not regard be a man in real sense. 74 And the
controlling power begins from preventing women to talk to her parents, friends, relatives
etc. Husbands or in-laws use abusive language and other restricting measures such as
confiscating mobile phone or other communicating objects, locking wife, beatings,
prohibiting phone calls and visits of woman to her parents and woman‟s parents at her
matrimonial place etc.

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EXTRA-MARITAL RELATION

These are frequent factors for marital conflicts. Incertitude upon partner of having extra-
marital relation is one of the reasons lead to disputes between partners which further
leads to physical abuse, beatings, verbal abuse, restrictions upon wife, seizing of mobile
phone and other communicating means. An extra-marital affair diverts the people from
fulfilling their responsibilities towards their family which emerges quarrel between the
spouses and sometimes the stage of divorce arises and for this children suffer the most in
this tug of war between parents.

DRUG/ALCOHOL ADDICTION

A drug addicted or alcoholic person has less likely control over his emotions and actions
and in a fit of anger they take serious steps against their spouse resulting in harm or
danger to her. Alcohol and other chemical substances contribute to violent behavior and
also lead to broken homes.
Alcohol addiction and multiple sex partner of the husband are the leading causes behind
domestic violence.75

ECONOMIC STRESS

Economic hardship, prolonged unemployment also leads to violence against spouse as

husband‟s joblessness and inability to earn daily bread for life creates stress between
partners creating quarrelsome atmosphere at home from both the sides and sometimes out
of frustration husband puts the entire blame upon wife for his failure to find job. It is one
of the reasons for domestic violence posing direct impact upon women victims. During
the study, it was observed that there were lower rates of domestic violence among women

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with property, higher per capita income and social support, whereas domestic violence
was highly prevalent among slum population.76

In the present study, five most common reasons have been interviewed by respondents
which are already explained i.e. dowry/ insufficient dowry, share in the ancestral/
father‟s property, expecting male child/ giving birth to girl child repetitively, talking to
parents/ relatives/ friends/ neighbors, extra-marital relation.

LAXITY IN IMPLEMENTATION OF THE EXISTING ACTS77

No or meager efforts are made to increase awareness amongst the women by the
authorities posted to implement the Act.

ACTS OF DOMESTIC VIOLENCE ON WOMEN

As the causes for domestic violence are numerous, the impacts of domestic violence are
multifarious and devastating too for women. It breaks homes and trust of the women into
pieces. Abused women live in extreme fear and it is difficult for them to predict which
act would raise the next attack to her. Actions of husband or in-laws against women will
bring problems to her life.

We have already discussed about sexual abuse that victims are generally discouraged to
file complaint about marital rape and therefore the spousal/ domestic relationship
deteriorates. It gives bruises to the soul of victim whose dignity has been ruined by her
spouse. Sodomy or cruelty while consummation beget injuries to private part which is
frequently ignored, taken less seriously and hardly to be discussed about.

Economic abuse increases the dependency of women upon her husband and is often
forced suppress their needs and desires. For petty things women have to ask for

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permission of her husband or in-laws to spend. Sometimes inadequate food is supplied to
women leaving them malnourished.

Physical violence leads to psychological abuse and it often pushes the victim towards
depression, sleeplessness, stress, anxiety, frustration, mental agony, lack of trust on
others, menstruation imbalances, miscarriage, feeling of abandonment, rejection, suicidal
tendencies, fear, chronic health issues, anger, don‟t feel to work, tiredness, hardship in
recalling and many other problems which is been discussed in the later chapter 5 with the
help of conducting interviews of the women being victim of domestic violence.

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 LEGAL PROVISIONS FOR PROTECTION OF THE

RIGHTS OF WOMEN IN INDIA

INTRODUCTION

Women in every part of the world have a very crucial role in the building of a society and
it‟s very shameful for a country when women are rejected and their rights are ignored.
Women in India are consistently lagging behind the men in terms of health, education;
jobs, etc. and they are also subjective to the heinous crimes. According to the census of
2011, the gender ratio of India is 940 females per 1000 males. 78 At drastic level there is a
need to take effective measures to improve the quality of life of women in India. Today
there are numerous laws providing favorable rights to women in India. The rights
available to women in India are classified in two categories- „Constitutional Rights‟ and
„Legal Rights‟. However the issue of domestic violence has been least talked about.
According to the World Economic Forum‟s Global Gender Gap Report, between 2011
and 2013, India improved its ranking from 113th to 101th.79 Several changes have been
made and various sections have been inserted under criminal law to deal with the crime
against women. Prof. Dr. Ute Klammer in “Winning Women: A dialogue between India,
France and Germany”, held in October 2013 spoke about the lack of women in high
administrative positions in Germany and discussed the vitality of equal distribution of
domestic responsibility between men and women as an important element in
emancipating women professionally. At the mention of the December 2012 gang rape in
Delhi, Brigitte Triems, Vice chairwoman, National Council of German Women's

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Organizations, explained that “this case had elicited a strong emotional response in
Germany and put the issue of women‟s issues on the forefront in their media as well”.80

LAWS FOR THE PROTECTION OF RIGHTS OF WOMEN

Women India being developing nation, in South-east Asia it is facing beaucoup

challenges. As being a complex country, it has developed variety of customs, traditions
and practices. The women in India are the most vulnerable group to criminal offences and
have become object upon which crimes are done. Many malpractices are done against
women at the cost of customs/traditions and the foremost reason for such behavior
against women is the superiority complex among males and patriarchal system of
society.81 Today inequality, discrimination and domestic violence are still pervasive,
particularly among the poorest states of India. But it will not be true to say that there are
no laws for protection of women, in fact there are several laws which are made
exclusively for empowering women and are actually women centric and women
strengthening laws. After following the recommendations of Justice Verma Committee,
Parliament of India in the year 2013 passed the Criminal Law Bill aiming to strengthen
India‟s laws on violent crimes against women and the bill seeks to penalize public
servants who fail to discharge their duty relating to sexual offences (166A, IPC,
Amendment Act, 2013); contains new penalties for acid attack offenders (ss. 326A, 326B,
IPC); sec. 354A for sexual harassment and punishment; sec. 354B- assault or use of
criminal force to women with intent to disrobe; sec.354C- for voyeurism and s. 354D-
stalking and a number of provisions carries the death penalty (all covered under IPC,
Amendment Act, 2013).

Department for International Development (DFID) programme in India is aimed at

helping girls to have secondary school education, thus pushing back the age of marriage,
pregnancy and encouraging family planning, health and nutrition, microfinance and skills

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for job. Its broader mission includes education and health programmes that help to deliver
India‟s Right to Education Act.82

Moreover, to eliminate these ill practices and discrimination against women various
constitutional and legal rights have been introduced such as the policy of women
empowerment is well entrenched in Fundamental Rights being justiciable in the court
given by the Constitution which are described as under:

CONSTITUTIONAL LAW

Equality before law under Art.14 ensure women right to equality; Art. 15(1) prohibits
discrimination on the basis of sex, empowering State to take affirmative action in favour
of women is allowed under Art. 15(3); A. 16 provides for equal employment or
appointment opportunity. “No citizen on grounds of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible or discriminated against in any
employment or office under the State” [Art.16 (2)]. 83

Art. 21 provides protection of life and personal liberty for which certain principles of
policy are required to be followed by the State- that the citizens, there is an equal right
provided to both men and women for an adequate means of livelihood; that the operation
of the economic system does not result in the concentration of wealth and means of
production to the common detriment. 84 In dealing with the Art. 21 Supreme Court in
Chameli Singh v. State of U.P.85 held that “the need for a decent and civilized life
includes the right to food, water and decent environment.”86

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The Directive Principles of State Policy being non-justiciable also contains some crucial
provisions regarding women empowerment. Such as:

Art. 39 direct its policy towards securing- equal adequate means of livelihood to both
men and women [Art. 39(a)]; equal pay for equal work for both men and women under
Art. 39(d), State not to abuse health and strength of workers, men and women [Art.
39(e)].

Art. 39A provides “equal justice and free legal aid for which the State shall secure that the
operation of the legal system promotes justice, on the basis of equal opportunity, and
shall, in particular, provide free legal aid by suitable legislation or schemes”.

The State shall make provision for securing just and humane conditions of work and for
maternity relief is given under Art. 42.87

It is the Fundamental Duty of every citizen of India, given under Art. 51A (e),“to promote
harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women”.88

Through 73rd and 74th constitutional Amendment of 1993 women were given 33.33
percent reservations in seats at different levels of elections in local governance, i.e. at
Panchayat, block and municipality elections. 89 Thus, it is clear to see that constitutional
provisions are empowering women and state is duty bound to apply these provisions.

If we look beyond the constitution, we will find that a refined list of specified laws in
India in order to fulfill the constitutional obligation of women empowerment 90 such as
Protection of Women from Domestic Violence Act, 2005(PWDVA); The Dowry

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Prohibition Act,1961; The Maternity Benefit Act, 1961; The Immoral Traffic
(Prevention) Act, 1956 (SITA); The Commission of Sati (Prevention) Act, 1987, The
Prohibition of Child Marriage Act, 2006, The Sexual Harassment of Women at Work
Place (Prevention, Protection) Act, 2013, The Equal Remuneration Act, 1976 and several
other laws. Even India has Protection of Children from Sexual Offences Act (POCSO)
for safety of both male and female child.

However, the list doesn‟t end here as, India is a part to various International conventions
and treaties which are committed to secure equal rights to women and one of the most
important among them ratified by India in 1993 is the Convention on Elimination of All
Forms of Discrimination against Women (CEDAW)91 which is a unique piece of
international convention to protect the women from multifaceted nature of discrimination
and is often delineated as an International Bill for the Rights of Women.92 It addresses the
need for comprehensive political, social and economic remedies, sets up an agenda for
national action towards the complete legal protection of women‟s rights and monitors
enforcement by requiring member states to report every four years on compliance. 93 The
United Nations Committee on Convention on Elimination of All Forms of Discrimination
Against Women (CEDAW) under its general Recommendation No. XII (1989) has
recommended that state parties should act to protect women against violence of any kind
especially that occurring within the family.94 Domestic violence is a human rights issue
and a serious deterrent to development. It was acknowledged in The Vienna Accord of
1994 and Beijing Declaration and the Platform for Action (1995). Again, The United
Nations Committee on Convention on Elimination of All Forms of Discrimination
Against Women (CEDAW) in its general Recommendation No. XII (1989) has

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recommended that countries parties in it should act to protect women against violence of
any kind especially that occurring within the family.95

As civil law does not suffice to address offence against women such as cruelty
(punishable under s. 498A) therefore keeping in view the rights guaranteed under articles
14, 15 and 21 of the Constitution to provide remedy under the civil law, it was proposed
to enact a law which is intended to prevent the occurrence of domestic violence in the
society and to protect the women from being victims of domestic violence.96

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,

2005

Today educated women are aware of their rights. They are no longer amenable to
visionless follow the commands of their husbands and in-laws. When the questions are
asked by them, it causes conflicts, which, in turn, leads to violence.97

Under PWDVA, the woman‟s right to secure housing is provided. It provides for the
woman‟s right to reside in the matrimonial or shared household, whether or not she has
any title or rights in the household.98 This right is secured by a residence order, which is
passed by a court. These residence orders cannot be passed against anyone who is a
woman. The other relief envisaged under Section 18 of the Act is that of the power of the
court to pass protection orders that prevent the abuser from aiding or committing an act
of domestic violence or any other specified act, entering a workplace or any other place
frequented by the abused, attempting to communicate with the abused, isolating any
assets used by both the parties and causing violence to the abused, her relatives and
others who provide her assistance from the domestic violence. It prevents the aggrieved

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person‟s dispossession and to prevent any act that impact upon her peaceful occupation
of the shared household.99 Under Sec.20 magistrate may direct the respondent to
reimburse the aggrieved person actual expenses incurred due to domestic violence, such
as medical expenditure and the loss of earning, as well as maintenance. The relief
available to wife u/secs. 18, 19, 20, 21 & 22 of PWDVA can also be sought from Civil
Court and Family Court.

However, the nature of relief available to a wife u/Secs. 12 & 20 is distinct from relief
under Sec. 125 CrPC.100 Monetary relief as stipulated u/s 20 PWDVA is different from
maintenance which can be in addition to an order of maintenance u/sec. 125 CrPC or any
other law. Such monetary relief can be granted to meet the expenses incurred and losses
suffered by the aggrieved person and child of the aggrieved person as a result of the
domestic violence101 (Juveria Abdul Majid Patni Vs. Atif Iqbal Mansoori).

Sec. 21 provides orders grating temporary custody of children. The magistrate may order
for compensation for mental torture and emotional distress caused to the aggrieved
person, which may be in addition to orders for monetary relief.102

The magistrate has power u/s 23 to grant interim order/relief if he deems just and proper.
It was held in Juveria Abdul Majid Patni Vs. Atif Iqbal Mansoori103 that “if the
Magistrate is satisfied that the application prima facie discloses that the husband is
committing or has committed an act of Domestic Violence or that there is a likelihood
that the husband may commit an act of domestic violence act.”104

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The Act provides for under Sec. 31, breach of protection order or interim protection
order by the respondent as a cognizable and non-bailable offence punishable with
imprisonment for a term which may extend to one year or with fine which may extend to
twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by
the Protection Officer is also sought to be made an offence under the Act with similar
punishment.105

The Act has banned dowry-related harassment, widened the definition of violence to
include emotional or verbal abuse, and criminalized spousal rape.

THE HINDU SUCCESSION ACT, 1956.

On September 9, 2005 Section 6 under The Hindu Succession (Amendment) Act, 2005
has granted rights to daughter of a coparcener, according to which she shall have the
rights as that of sons in family provided by birth she becomes coparcener, she has same
rights in coparcenary property as she would have had if she had been a son, and she is
allotted with same share.106 Even the daughter is subject to the same liabilities in respect
of the said coparcenary property as that of a son. 107 Wife has exclusive right over her
Streedhan. After the amendment, every daughter, whether married or unmarried, is
considered a member of her father‟s HUF and can even be appointed as „karta‟ (who
manages) of his HUF property.108 The amendment now grants daughters the same rights,
duties, liabilities and disabilities that were earlier limited to sons. 109 The daughter is
referred as class I heir in the schedule of Hindu Succession Act, 1956.

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INDIAN PENAL CODE, 1860

The cruelty within marriage is an offence under Sec. 498A of IPC promulgated statutes
for women outlawing the practice of giving and taking of dowry (Dowry Prohibition Act,
1961), penalized dowry related harassment and recognized „dowry deaths‟ as a separate
offence (Section 304B, IPC). Sec.498A deals with cruelty by a husband or his family
towards a married woman. Four types of cruelty are dealt with by this law:-110

i. Conduct that is likely to drive a woman to commit suicide,

ii. Conduct that is likely to cause grave injury or danger to the life, limb or health of
the woman,
iii. Harassment with a view to coercing the woman or any person related to (her
relatives) to give some property,
iv. Harassment due to failure of the woman or her relatives to meet such demands for
money or does not give some property.

The punishment is imprisonment for up to three years and a fine.

Where women dies by any burns or bodily injury within seven years of marriage and it is
shown that she was subjected to cruelty or harassment by husband or in-laws soon before
her death, there shall be punishment for not less than seven years which may extend to
imprisonment for life.111

Miscarriage to women not being under good faith for the purpose of saving the life of the
women is punishable.112

Sec. 375- 377, IPC (Amendment) 2013 deals with the offences of rape and other sexual
offences against women. Under Sec. 376B , sexual intercourse by husband upon his wife

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during separation is punishable for not less than two years which may extend to seven
years and shall also be liable to fine. Unnatural sex is made punishable u/Sec 377.

Sec. 17 in Hindu marriage Act, 1955 claims bigamy an offence punishable u/ss. 494 and
495 IPC.

It is a punishable, whoever intends to insult the modesty of any women, utters any word,
makes any sound or gesture, or exhibits any object, intending that such word or sound
shall be heard, of that such gesture or object shall be seen, by such woman, or intrudes
upon the privacy of such woman.113

CRIMINAL PROCEDURE CODE, 1973

Section 125 gives order for maintenance of wives, children and parents in case his wife is
unable to maintain herself. Nature of provisions u/s 125 CrPC is a social justice
legislation and proceedings u/s 125 CrPC are civil in nature. In re A.M. Ramsi v. A.B.M.
Jetha114, S.C. held that the remedies available Under Section 18 of the Hindu Adoption
and Maintenance Act, 1956 and s. 125 CrPC are coexistent mutually complementary,
supplementary, in aid and in addition to each other and it is only the scope of the two
laws different.

OTHER MISCELLANEOUS LAWS

Women under Hindu Adoption and Maintenance Act, 1956 is entitled to maintenance
u/ss.18 and 19.

Giving or taking dowry is punishable with imprisonment for a term not less than five
years and with fine which shall not be less than fifteen thousand rupees or the amount of
the value of such dowry, whichever is more.115

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Section.4, under Equal Remuneration Act, 1976 declares the duty of employer to pay
equal remuneration to men and women workers for same work or work or similar
nature116. There shall be no discrimination while recruiting men and women workers.117

The profession of prostitution is not illegal but law in SITA states that prostitutes are
allowed to ply their trade in private but they cannot carry out their business in the open.
Article 23 of the Constitution specifically prohibits traffic in human beings.118

[24]
RESULTS AND DISCUSSION

The present chapter is declaring about the results in the research which came after
conducting interviews with the victims. Numerous questions were sequentially asked
from the victims of domestic violence such as the background information; types of
domestic violence faced by women; reasons behind domestic violence; instigators of
domestic violence; nature of perpetrator; part of the body badly affected; injury suffered
by respondents; economic abuse; reasons for women living in an abusive situation; does
the woman want to stay with the perpetrator; domestic violence impacts upon women;
women awareness about Domestic Voilence Act, 2005; women‟s knowledge of their
knowledge about their rights and duties.

Later, the related data were collected, compiled and tabulated. The data formulated are
depicted with the help of table, figures and graph.

[25]
DISTRIBUTION OF THE TYPES OF DOMESTIC VIOLENCE FACED
BY WOMEN

There are three major types of violence which could be used upon the victim. Sometimes
the violence could be only physical, sexual or psychological and sometimes it could be a
combination of two or more interdependent upon each other acting as stimulant.

Types of Domestic Violence Faced by Women

8%

Physical
24%
Sexual

60% Mental/psychological/
emotional
8% All

This figure shows the types of domestic violence faced by women where the highest
number of women (60 percent) experienced physical violence, 24 percent suffered with
mental/psychological/emotional violence and while equal percentage of women (8
percent each) faced sexual violence and all types of violence.

From the above figure the physical violence happened over petty issues experienced by
women has lion‟s share followed by mental/psychological/emotional which is almost the
one-fourth resulting from frequent quarrels and verbal abuse. However, the population of
women respondents experiencing sexual violence is same with the population of women
experiencing all of the above type of violence.

[26]
REASONS BEHIND DOMESTIC VIOLENCE

Some People believe domestic violence occurs because the victim provokes the abuser to
violent action while others believe the abuser simply has a problem managing anger. 152
The causes of domestic violence range from the trivial to bizarre, as just anything can
serve as an excuse to severely beat up a woman who is often clueless about how to avoid
it.153 Deep rooted problem of dowry is also contributing to domestic violence towards
women to a great extent.154 There could be a range of reasons behind domestic violence
which serves as excuse to impose beating upon respondents. It is difficult to decide which
act of respondent could trigger the act of domestic violence upon her by perpetrator.
Therefore the most common factors have been asked in the study from the respondents
to, which are given in the following table.

Table : Distribution of Reasons behind Domestic Violence

S. No. Reasons behind Domestic violence Frequency (25) Percentage (%)

1. Dowry/ insufficient dowry 23 92

2. Share in the ancestral/ father‟s 3

12
property

3. Expecting male child/ Giving birth to 4

girl child repetitively 16

4. Talking to parents/ relatives/ friends/ 17

68
neighbors

5. Extra-marital relation 2 8

[27]
The analysis of data presented in Table unveils multiple responses that 92 percent of
women victims answered that “dowry” was the major reason behind domestic violence.
68 percent of respondents were of the opinion that talking to their parents/relatives etc.
resulted into violence against them. 16 percent of women reported that due to giving birth
to girl child/expecting male child domestic violence was thrust, 12 percent for share in
the ancestral/ father‟s property and the refusal by women to bring money from parental
family accounted to domestic violence. Whereas, a scanty percentage of women (8
percent) disclosed that extra-marital relation of their husband was the chief reason for
domestic violence.

From the results above discussed, it is lucent to analyze that maximum number of cases
of domestic violence are occuring due to the demand of dowry. Moreover,
communication between the respondent and their parents, friends, relatives etc. is also not
tolerable by perpetrators who make it a serious issue to fight over resulting into torment
for women (respondents).

[28]
 NATURE OF PERPETRATOR

The nature of perpetrator is another factor which ultimately leads to domestic violence.
For example if a person is jobless then out of frustration he will do violence upon his
wife, where a person is an alcoholic or smoker, there will be frequent quarrels between
him and his spouse leading to violence from his side. Even there is no guarantee which
moment the perpetrator start verbal or physical abuse over petty issues if he is short-
tempered. Moreover, the state of mind of mentally ill person is unknown. Therefore, to
learn about the nature of perpetrator five most common alternatives were offered to the
respondents which are later assessed in the form of percentage in the following table.

Table: Distribution of Perpetrators on The Basis of Their Nature

S. No. Nature of perpetrator Frequency (25) Percentage (%)

1. Smoker 2 8

2. Alcoholic 8 32

3. Jobless 9 36

4. Mentally ill 3 12

5. Short tempered 3 12

Table unveils the nature of perpetrator in which it was found that majority of
perpetrators i.e. 36 percent were jobless; 32, 12, 8 percent were alcoholic, mentally ill
and smoker respectively. Whereas, another 12 percent of perpetrators were found short-
tempered.

[29]
This table unveils the perpetrator‟s nature which is direct reason behind domestic
violence and it brings a highest data with proximate results between perpetrators who
are jobless and alcoholic. But an equal data has come where the perpetrators are either
mentally ill or short tempered.

[30]
IMPACT OF DOMESTIC VIOLENCE

Domestic violence has a significant impact on the health and well-being of women both in
the immediate and longer term, continuing even after the relationship has ended.157 Abuse
can have a serious impact on the way a person thinks and interacts with the world around
them.158 The chronic exposure to domestic violence and the stress fear resulting from this
exposure can cause not only immediate physical injury, but also mental shifts that occur as
the mind attempts to process trauma or protect the body.159

Table: Distribution of Domestic Violence Impacts upon Women

Impact of Domestic Frequency (25) Percentage (%)

violence

Depression 8 32

Stress 5 20

Frustration 6 24

Worry 3 12

Lack of sleep 10 40

Low self esteem 3 12

The impact of domestic violence in the table shows that 40 percent of women victims
suffered with lack of sleep; 32 percent had depression; 24 percent faced frustration; while
20, 12, 12 percent had an impact of stress, worry and lower self esteem respectively.

[31]
AWARENESS AMONG WOMEN ABOUT DOMESTIC

VIOLENCE ACT, 2005

In India where half of the population consists of women, they have been maltreated from
long time, which has deprived them from their rights. Therefore the women knowledge
about Domestic Violence Act, 2005 is crucial in the present scenario so that at the time of
violence against them, they could address their problem under the said law working in
their favour. This law also prevents the police to trivialize the matter and empower the
women to file complaints against evil happening to them.

Percentage of Women Awareness about Domestic Violence Act, 2005

24%

No Yes
76%

The present figure highlights that more than three-fourth of the women respondents out
of 25, about 76 percent were unaware about the Domestic Violence Act, 2005. Whereas,
almost one-forth (24 percent) of women had knowledge about Domestic Violence Act,
2005, and the reason they gave that neither they have heard about this Act nor they have
faced any kind of such incidences or alike in their family before their marriage.

[32]
From the figure it is plausible that wide numbers of women i.e. more than three-fourth
are unwitting about the existence of PWDVA, 2005 as they were less educated and were
hardly outgoing introverts.

[33]
 AWARENESS OF WOMEN ABOUT THEIR
RIGHTS AND DUTIES

The knowledge of rights is crucial so that women when at the time of violation of their
rights, they could ask for the same and can knock the doors of appropriate authorities.

Percentage of Women having Knowledge of their Rights

and Duties
50
45
40
Percentage (%)

35
30
25
20
15
10
5
0
yes No Have some idea Can't say

Knowledge of Rights and Duties

This figure shows the knowledge among women of their rights and duties, and majority
of women i.e. 44 percent were not aware, 28 percent of women had the knowledge about
their rights and duties. About 16 percent claimed that they have some idea and 12 percent
made the statement that they can‟t say i.e. their knowledge regarding their rights and
duties were blurred.

It is lucent from the above data analysis that less than half of the women are
unaware of their rights and duties because of less education or illiteracy,
followed by women who are aware because of better education or
information received from their relatives or near friends and women having
some idea for the same. However, minimal number of respondents cannot say
clearly about the knowledge of their rights and duties

[34]
 CONCLUSIONS AND RECOMMENDATIONS

CONCLUSION

India being a country known for its rich heritage and culture where idols of deities are
worshiped and fasts are kept to impress them for the fulfillment of desires. And India is a
country where the women are abused within the four walls of the house and unwanted
girl child is thrown in garbage bin when born. India is a country where equal rights are
provided to both male and female but still women beg for equal rights in their homes.
Here, marriage is the most sacred institution and when the domestic violence occurs
against women this sacredness of the marriage fades away and it turns into a prison of
sorrow. Though according to the NCRB Report of 2015 the cases of cruelty by husband
or his relatives in the country have decreased by 7.7% during 2015 over the previous year
(1,22,877 cases)160. But the cruelty by husband or his relatives is not completely
expunged. In fact it is originating the problem of domestic violence in the society which
was seen prevalent in the NE District of Delhi.

It was observed that women after their marriage had experienced extreme torture by their
husband and/ or by in-laws and for them their marital homes were not less than any den
of “torture and trauma”. The person upon who women trusted and took oath to live the
rest their lives were the main perpetrators or accomplice in majority of the cases.

Starting the discussion about the outcomes of observation it is concluded that a large
number of respondents were from joint families consisting between 5 to 8 members. It
was found from the studied area that the respondents were less educated as most of them
had education up to primary level, which is the foremost reason for lack of women
awareness about their rights and duties and The Domestic Violence Act, 2005. The lack
of awareness of rights due to lack of education kept the respondents backward to raise

[35]
their voice against domestic violence as they used to think it to be normal and things would
change with the time. Moreover, the highest population belonged to BPL category as the
greater numbers of perpetrators (husband) were jobless who blame most of the time to their
spouse for their poor economic condition. Many times the women were economically abused
by pressuring them to bring good amount from their parents and when they refused to do so,
they had to meet to the dire consequences.

The domestic violence was broadly categorized in three types i.e. physical; sexual;
mental/psychological/emotional. It was found that maximum number of respondents
faced physical violence where beating, slapping, pushing, kicking, fisting along with
verbal abuse from perpetrators because of the reason of dowry demand or insufficient
dowry. Therefore it is concluded that in majority of the cases, demand of dowry is the
precursor for domestic violence where in all the cases husband was the main instigator
and women at risk of violence from husband more than any other type of perpetrator. As
above discussed there are several reasons behind dowry which got revealed during survey
such as poverty, low education, poor economic condition were directly and indirectly
raised violence against women. However there is a good news that the cases of dowry
deaths have declined by 9.7% during the year 2015(7,634 cases) over the previous year
(8,455 cases). A total of 7,646 victims were reported under 7,634 dowry deaths cases in
the country during the year 2015.161

When the women were asked the reasons to continue living in such abusive relationships,
the maximum women responded that though maximum of them don‟t want to live with
the perpetrator, but for the sake of their children they lived in such relationship. However,
most of the respondents don‟t want to stay with the perpetrator.

It is also concluded from the analysis that a significant percentage of women experienced
lack of sleep followed by depression resulting from domestic violence. Injury to limbs
was the greatest among victims of domestic violence. Violence and abuse also caused
post-traumatic stress disorder and emotional distress.

[36]
To finally conclude the study it was found that women victims were mostly less
educated, unaware and belong to lower socio-economic status. The lower education and
poor socio-economic status are interconnected with each other because of which
domestic violence is prevailing to this section of society. The low economic status was
perpetrating the violence against them. Being less educated, the victims could hardly
understand the language of officers in the Police Station and felt uncomfortable to discuss
their problem.

PWDVA provides quasi- criminal and quasi-civil, remedies. 162 Though the Act is
sufficient in itself as it has included heterogeneous live-in relationships held in
S.Khushboo v. Kanniammal & Another163, besides persons related through marriage but it
has ignored queer relationships (homogenous) under live-in and therefore it is
recommended to add the safeguarding provisions in the Act.

RECOMMENDATIONS/ SUGGESTIONS

From the above discussion, it cannot be denied that there are lot of efforts made by the
government and various NGOs, social activists time to time to curb the menace of
domestic violence but as already discussed that the cases related to domestic violence has
been increased in the year 2015 which is a serious matter to think upon. It is true to say
that PWDVA is a very powerful and self sufficient law where women aggrieved can seek
help.

To implement this law more effectively, following suggestions should be incorporated.

Therefore in light of the objective and findings of the present study there are certain
recommendations to prevent the impact of domestic violence against women:

[37]
 ADDRESS DOMESTIC VIOLENCE THROUGH ACCESS TO

EDUCATION

After studying the whole scenario related to this study it is recommended that
there is a need to have access to violence preventive measures such as
increasing education and providing adequate opportunities to women and
girls. The right to education has been inserted as Fundamental Right in
constitution which provides “free and compulsory education” up to
elementary level for both the sexes but still during survey several women were
found to be illiterate.
Still there is a lack of education among women and they should be encouraged
to study which can be achieved by reducing inequalities in communities.
Education changes the norms of society regarding violence. Women from
vulnerable communities ought to be properly educated general as well legal
education. A good education attracts good earnings therefore it is necessary
that both man and women are educated enough.
IMPROVE ECONOMIC CAPACITIES OF WOMEN

Women‟s access to and control income and assets is strongly recommended.

Opportunities should be given to women to earn and become economic self
dependent so that they may not hesitate and think helpless at the time of
violence against them, as most of the time they stay with the perpetrator
because of paucity of resources, money or have no other place/option to live
without perpetrator. Skill training will ensure self-esteem and improve the
status of women in house and it may improve the spousal relationship, both
the spouses will learn and realize to respect each other‟s dignity. A good
economic support may help them to earn and live with dignity and can start
their life a fresh.
DOWRY PROHIBITION AND STRICT LAWS

Though a separate law for dowry prohibition is made but still in majority of
the cases as observed, dowry was found the root cause of domestic violence.
Therefore, the system of dowry should be strictly prohibited and removed. Its

[38]
practice among communities in any form should be made punishable through
strict implementation of Dowry prohibition Act with adequate sanction and
fine. Authorities are recommended to be vigilant enough against incidences of
dowry.
MASSIVE AWARENESS CAMPAIGN AND USE OF MEDIA FOR

PUBLIC AWARENESS

Mass public awareness campaigns should be organized to the remotest regions

along with street plays. The fear about the society and perpetrator from
aggrieved should be removed and encourage the women to break the
traditional shackles where women are referred as subject to violence.
Awareness through media resources (TV, radio, newspaper, etc.) can prove a
great help.
GENDER SENSITIZATION AND HUMAN RIGHTS MUST BE

INTRODUCED

Gender sensitization education right from childhood, respect for women, and
protection of women should be taught to male child at initial stages of
learning.
The gender equity can even be achieved by recruiting women along with men
in various sectors to change the attitudes of people who are living in myth that
women are weak and incompetent for any job. The concept of gender equity
and human rights must be introduced in the curricula of school, college and
other institutions.
KNOWLEDGE OF DOMESTIC VIOLENCE ACT, CONSEQUENCES

AND IMPACTS OF DOMESTIC VIOLENCE

The awareness related to the consequences of domestic violence and how does
it impact upon the life of victim of and person related to her such as children,
her parents, etc. should be given by NGOs, social workers and other
authorities for which media could prove as a biggest help. The advertisements
related to Domestic Violence Act in TV, radios, posters, bills plays, news

[39]
papers can spread the knowledge about the same which can ultimately help
the victims to approach the concerned and appropriate authority and make
complain about perpetrator/s.
PROPER TRAINING TO MEDICAL PROFESSIONALS

It was seen that very few victims of domestic violence approach to medical
professionals for treatment thinking their injuries to be normal or would heal
soon etc. In fact, very few victims disclosed about injuries caused to them
because of domestic violence or any sexual abuse happened to them.
Therefore, proper training to medical professional as well as police
professionals should be given in regular intervals so that they may inquire
about such injuries happened to them which they feel uncomfortable to unveil
or show.
PROPER KNOWLEDGE OF RIGHTS AND DUTIES

Even the knowledge about the rights should adequately be reached to the
victim so that she may fight for them. The knowledge of LSA for free legal
aid, housing, child care and custody should be given to every aggrieved party
whether educated or not.
CASES SHOULD BE SENT ON FAST TRACK

It is known that every case cannot be sent on fast track but where the matter is
related to women‟s‟ safety and right it, should be kept for fast track so that
the victim may not further suffer and soon come out the trauma. Police
personal should act sensitively with such cases. The laws governing sexual
assault should be defined in terms of women‟s dignity and bodily integrity
(Kashyap, 2011).164
SUPPORT FROM AUTHORITY

Adequate funding and proper, friendly and safe shelter homes should be
provided to victims who are thrown from their house or have to place to live
or any needy woman. They should not be judged or refused to have shelter by
shelter home authority in any situation.

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[41]