Name: Kunal Saxena

Enrolment No. : A8111120043

Programme: B.A.LL.B (hons)

Semester: 1st, section: A

Batch: 2020-2025

THE SOCIOLOGY PSDA REPORT

TOPIC: DANGEROUS DOMAIN: DOMESTIC VIOLENCE AGAINST
WOMEN In INDIA
ACKNOWLEDGMENT

                                        
I would like to express my deepest gratitude to all those who provided me to complete this report .I would
like to earnestly acknowledge the effort and time given by my subject teacher Dr. Ritu Agarwal who has
supported and guided me in completing my assignment. Her sincerity, vision and motivation deeply
inspired me.
I owe my deep gratitude to Mr. JP Yadav (HOD) for his extensive support and professional ethics and
providing such opportunity for assignment and project work. I would like to thanks to all the people who
supervise and supported me any manner.

INDEX

EXECUTIVE SUMMARY
MEANING OF DOMESTIC VIOLENCE
HISTORY OF DOMESTIC VIOLENCE
CAUSES OF DOMESTIC VIOLENCE
TYPES OF DOMESTIC VIOLENCE
PRESENT LEGISLATIONS APPLICABLE IN INDIA
CONCLUSION
REFERENCES

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EXECUTIVE SUMMARY:
Domestic violence is one of the crimes against women which are linked to their disadvantageous position in
the society. Domestic violence refers to violence against women especially in matrimonial homes. The problem
is grossly under-reported. A number of factors have been blamed for crimes against women. An inefficient law
enforcing machinery has often been targeted for the increasing number of cases being reported. There is little
recognition that psychiatric morbidity can perpetuate such crimes. The act of domestic violence towards women
is a human rights violation as well as an illegal act under law. It is therefore widely considered a threat to
women's agency through any lens, and there is a growing recognition in many Indian regions that the nation can
reach a higher potential through obtaining greater social and economic capital than by reducing women's
participation in society. Domestic violence is one of the most significant determinants of this denial. Greater
gender equality through greater women's agency cannot be achieved if basic health needs are not being met and
if cultural biases that allow for domestic violence in India persist. Women suffer many types of physical and
emotional abuse as a result of illegal actions taken within the private home, and those who have experienced
some form of domestic violence tend to have greater long-term mental disorders and drug dependencies than
those who do not. Domestic violence is more among lower autonomy and women belonging to low socio-
economic status. In India, reducing domestic violence is imperative not only from an ethical and human rights
perspective but also because of obvious instrumental and immediate health benefits that would be gained from
such reduction.

What is Domestic Violence-?

 Brief Meaning:-

The literal meaning of domestic Violence is the atrocities committed within the four corners of the house. It
doesn’t signify that who is the victim of such violence but in general parlance it seems to be atrocity done by
stronger member of the family on the weaker members of the family. Mostly women are subject to such a
crime. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly.
Definitions of domestic violence can be broad or focused, amorphous or targeted. The reason that the definition
of violence is important is because it shapes the response. For example, a community response, whether it be
legal reform or the provision of support services, is shaped by a particular understanding of what constitutes
domestic violence and whether it is to be conceptualized as an intra-family conflict, or a criminal violation of
rights. The definition implied by the law is especially critical as it defines standards and thus impacts broader

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social perceptions of the problem. Elements of the definition that need to be considered then are the boundaries
of the relationship between the perpetrator and the abused, the norms of acceptable behaviour, and the specific
acts those constitute violence. It takes a number of forms, including Physical, Verbal, Emotional, Economic,
Religious, Reproductive, and Sexual abuse, which can range from subtle, coercive forms to Marital rape and to
violent physical abuse such as Choking, Beating, and Acid Throwing that results in disfigurement or death.

History of Domestic Violence in India-

 Pre-Independence/Vedic Period:-

Domestic violence against women dates back to history of mankind there are many forms of abuses which are
also mentioned in ancient epics likes, Mahabharata & Ramayana. The concept of ‘Ardhangini’ [half of the
body] seems to be restricted only in literatures and have never implemented in practical life. In addition to this,
extracts from Ramcharitamanas of Tulsidas like ‘Dhol, Gauwnaar, Shudra, Pashu aur Nari; Sakal Tadan ka
Adhikari’ [drums, uncivilized illiterates, lower castes, animals and women are all fit to be beaten] besides other
indicators like Pardaha system [hiding the face in veils], Sati system [self-immersion of the lady in husband’s
pyre] that are subject to women only; is a reflection of the history of women’s subordinate status. Most legal
systems viewed Wife beating as a valid exercise of a Husband’s authority over his wife one exception;
however, was the 1641 Body of Liberties of the Massachusetts Bay Colonists, which declared that a married
woman should be "free from bodily correction or stripes done by her husband. In short, it is always the women
who have to be in the tight rope, subject to inequality and looked down as an inferior sex. Staring from
childhood to the end of her life she has to be under the control of father or husband or the son. The subordinate
status of women combined with socio cultural norms that are inclined towards patriarchy and masculinity can
be considered as an important factor determining the domestic violence.

 Post-Independence/Present day scenario:-

According to available statistics from around the globe, one out of every three women has experienced violence
in an intimate relationship at some point in her life. This is an average based on available national surveys
across industrialized and developing countries (World Health Organization 1997). Statistical evidence on the
actual prevalence of domestic violence in India is scant however. The few studies available indicate that
physical abuse of Indian women is quite high, ranging from 22 % to 60 % of women surveyed. Most of the
available information consists of qualitative studies of very small sample size. The only large-scale indicator of
violence against women is the data relating to crimes against women published by the National Crimes Record
Bureau, Ministry of Home Affairs, and Government of India. The records of the bureau reveal a shocking 71.5
% increase in cases of torture and dowry deaths during the period from 1991 to 1995 and may reflect increased
reporting of violence. In 1995, torture of women constituted 29.2 % of all reported crimes against women. In
another study, 18 to 45 % of married men in five districts of Uttar Pradesh, a large state in northern India,
acknowledged that they physically abused their wives.

Causes of Domestic Violence:-

 Social Factors:-

Early and young age, illiterate or low level of literacy, poverty, urban domicile, and women with no income of
their own, unmarried, separated or divorced status or being in a live-in relationship have been cited as risk
factors for domestic violence. India ranks at 101 positions in the list of 136 nations in the disparity index in
terms of economic, political, health care, and educational opportunities for women and their participation in

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such services (Times of India, October 26, 2013). Women engaged in small business and farming was more
likely to be abused than women who were housewives or who had occupational status equal to that husbands.
Where women have a higher economic status, than their husbands and are having sufficient power to change
traditional gender roles, violence is at its highest.

 Family Factors:-
Exposure to harsh physical discipline during childhood and witnessing the father beating the mother during childhood is a
predictor of victimization and perpetration of violence against his wife in adulthood. Women, who reported experiencing
harsh physical punishment during childhood and had witnessed their fathers beat their mothers, were at increased risk of
spousal physical violence (beat, hit and kick).

 Sociocultural Traditions:-

Patriarchy, traditions like dowry, family honour, witnessing family violence etc., have continued through the
ages and have put women in disadvantaged positions.

 Media & Pornography:-

Media plays a pivotal role. Repeated exposure to violence in the media has been associated with increased
incidence of aggression, especially in children. Television and cinemas are portraying sexual material for
making fast money. Pornographic material is easily available to many on the internet and through other ways.

 Addiction:-

Easy availability of addicting substances (especially alcohol, bhang, and marijuana) is also responsible.

Types of Domestic Violence:-

 Physical Abuse::-
Physical abuse is the most recognizable form of domestic violence. It involves the use of force against the
victim, causing injury (a punch or a kick, stabbing, shooting, chocking, slapping, forcing to use drugs, etc.).
However, the injury doesn’t need to be a major one. For example, (if an abuser slaps a few times, causing only
minor injuries that don’t require a visit to the Hospital). Although the injury is minimal, but slapping would
constitute domestic violence.

 Emotional Abuse:-

Emotional abuse involves the destruction of the victim's self-worth, and is brought about by persistent insult,
humiliation, or criticism. Emotional abuse can be a difficult type of domestic violence for many people to
understand, since, on the surface, it appears to be quite common in unhealthy relationships. In most states,
emotional abuse is not enough on its own to bring a domestic violence action unless the abuse is so persistent and so
significant that the relationship can be labelled extremely coercive. Typically, evidence of emotional abuse is combined
with other abuse (physical, financial, sexual, or psychological) to bring a domestic violence action.

 Sexual Abuse:-

Sexual abuse is a common form of domestic violence. It includes not only sexual assault and rape, but also
harassment, such as unwelcome touching and other demeaning behaviours. Many victims don't realize how
broadly sexual abuse is interpreted. For example, if you've ever been coerced into not using contraception (the

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pill, a condom, an IUD, etc.) or having an abortion, then you may have actually been sexually abused. This
form of abuse is known as reproductive coercion.

 Financial Abuse:-

Financial abuse may take on many forms, such as a husband preventing his wife from obtaining an education or
a job outside the home. Financial abuse is extremely common, particularly when families have pooled their
money into joint accounts (with one partner controlling) and where there's little or no family support system to
help. Financial abuse is simply another form of control, even though it is usually less obvious than physical or
sexual abuse. Often, the victim is completely dependent on their partner for money. With no access to money
except through the abusive partner, the victim is completely at the abusive partner's mercy. The abusive partner
may withhold money for food, clothing, and more. If children are involved, this can overlap with neglect.

 Psychological Abuse:-

Psychological abuse is basically a catchall term for intimidating, threatening, or fear-causing behaviour. This
behaviour must be persistent and significant. A one-time event generally won't be enough to bring a domestic
violence action. Like emotional abuse, psychological abuse may not, on its own, be enough to bring a domestic
violence action unless it's especially severe.

A wide variety of behaviours fall under the umbrella of psychological abuse. Some common examples include:-

 Preventing the victim from talking to people unless they have "permission";
 Preventing the victim from leaving the house;
 Threatening the victim with violence or
 Emotional blackmail for doing something the abusive partner doesn't agree with.

Present Legislation Applicable in India:-

Though Code of criminal procedure 1973 provides a provision for maintenance under section 125 but the
legislation was found to be insufficient for the atrocities committed on women, moreover the said provision is
not only applicable for women but is also applicable on dependent who requires maintenance. It is therefore the
legislators have legislated the prohibition of domestic violence act 2005.

 Section 3 provides the meaning and definition of domestic violence:-

For the purposes 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 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.

 Section 498A of the Indian Penal Code:-

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 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or
the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment
for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of
this section, “cruelty” means—

 Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
 Harassment of the woman where such harassment is with a view to coercing her or any person related to
her to meet any unlawful demand for any property or valuable security or is on account of failure by her
or any person related to her to meet such demand.]

THE DOWRY PROHIBITION ACT, 1961:-

 Definition of Dowry:-

—In this Act, “dowry” means any property or valuable security given or agreed to be given either directly
or indirectly— (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of
either party to a marriage or by any other person, to either party to the marriage or to any other person; at or
before 3 [or any time after the marriage] 4 [in connection with the marriage of the said parties, but does not
include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. 5 * * *
* * Explanation II.—The expression “valuable security” has the same meaning as in section 30 of the Indian
Penal Code (45 of 1860).
CONCLUSION
In the end I would like to conclude that, as long as this orthodox ‘sic society will exist, women and other
weaker sections of society will suffer by this horrendous and inhumane kind of crime, more than 50% of
domestic violence related crimes are unreported and which are reported the cases are unattended and even
after everything it is doubtful to say that you’ll get justice, and it is just because of this society and this
complex legal system which prevail in this country. If the society will keep on ignoring such cases this will
create an utter chaos because 1out of every3 women suffers from this immoral and inhumane crime and this
can lead to some more heinous and horrible crimes and this can happen with anyone. For that we need more
strict and more painful punishments for such psychopathic criminals and more speedy justice should be
provided in such cases and for that we need to stand together and support the victims of such horrendous
crime.
RFFERENCE’s
https://en.wikipedia.org/wiki/Domisticviolence 
https://www.findlaws.com
https://indiankanoon.com
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
CODE OF CRIMINAL PROCEDURE 1973
THE DOWRY PROHIBITION ACT, 1961 ACT NO. 28 OF 1961

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