CAUSES OF DOMESTIC VIOLENCE IN INDIA

Causes for Domestic Violence

There is no factor that can explain for violence against women.

Certain intricate and linked institutionalised social and cultural elements have made women
more susceptible to violence. Domestic violence is a family issue that brings us back to the
definition of violence. Violence refers to any form of physical force, as well as any harm or
injury to a person or their property.

Family murder is considered a breach of the right to life, a fundamental principle enshrined in
every legal and religious system in the world. The ever-increasing incidences of female
feticide, particularly in the northern region of India, have demonstrated the ineffectiveness of
laws such as the MTP Act of 1971 and the Prenatal Diagnostic Techniques Act of 1994.

Female infanticide is a harmful manifestation of an ideology that devalues girl children. In

places such as Rajasthan and Madhya Pradesh, girl children are abandoned at birth because
no one is prepared to maintain them.

Even while violence such as child abuse is committed against both male and female children,
an estimated 90.1% of child abuse victims are female and more than 90.1% of child sexual
assault perpetrators are male.

Domestic violence has a much broader scope and extends outside the home's four walls; the
perpetrators of this offence are not necessarily family members. 28% of the total population
of India lives below the poverty level.

Unmoral Human trafficking is the forced prostitution of children by male partners. Young
girls are trafficked for sexual slavery and domestic labour, and if they resist, they are tortured,
beaten, and malnourished.

Violence related to dowry is an inherent aspect of the mentioned valid causes of wife-beating.
Dowry is the cash contribution made by the bride's family to the groom's family in
conjunction with the gifting away of the Hindu wedding. Dowry deaths refer to the murder-
suicide of young women by their husbands and in-laws as a result of continual molestations
and torture. Occasionally, the woman is slain by setting her on fire; this is known as "bride
burning."
✓ Although the execution of sexual duties has been regarded an integral component of
marriage, rape within the context of a marriage has never been recognised as a crime. Men
may properly employ violence in the form of sexual abuse when a violation of duty has
occurred. In India, marital rape is considered a criminal offence only if the victim's wife is
living apart according to a court order for judicial separation. With the Protection of Women
from Domestic Violence Act of 2005, marital rape as an instance of sexual violence within a
marriage or similar relationship is now considered a civil offence.

✓ Every stage of a woman's life is accompanied by age-related violence. Generally, it is

assumed that women who endure violence in their marital household were also victims of
abuse in their previous living situation.

Each year, family members murder women in the interest of family "honour." Honor killing
differs from dowry deaths, which are also a very widespread occurrence in India, because, in
the case of https://www.lordsoflaw.com/journal ISSN: Applied International Human Rights
The perpetrators of dowry-related murders say that they have not received sufficient material
compensation for bringing the woman into the family.

CAUSES RESPONSIBLE FOR DOMESTIC VIOLENCE

The belief that males are superior to women contributes in part to the occurrence of violence
against women. The perpetration of domestic violence is the result of a combination of
sociological or behavioural, historical, religious, and cultural elements. The sociological,
behavioural, and cultural aspects include anger issues/aggressive attitude, economic
difficulty, difference in status, dominant nature, drug addiction, depression, stress,
upbringing, etc. Domestic violence is also caused by neglecting marital responsibilities owing
to extramarital affairs or lack of faith. Other sociological factors include:

1. Impoverishment

2. Status Difference

3. Drug Dependence

4. Dominating Conduct Many historical reasons, such as external influence, Islamic law,
British colonialism, and western influence in modern times, can be traced back to the origins
of domestic violence against women, including external influence, Islamic law, British
colonialism, and western influence.
➢ The Religion Factors is a subtle type of dominance over women, even if it is not clear and
visible. This is shown in the religious devotion.

Religion has an effect on the construction of our society.

In addition, this adds to domestic violence against women.

DOMESTIC VIOLENCE LAWS

A recent poll reveals that 70% of women in India are either deceased or victims of domestic
violence. The Protection of Women from Domestic Violence Act of 2005, the Dowry
Prevention Act of 1961, and Section 498A of the Indian Criminal Code of 1860 each
constitute a separate statute for the protection of women against domestic abuse in India.

➢ The Protection of Women from Domestic Violence Act of 2005 may be a civil law that
protects women in the home from male members of the social unit. This law protects not just
women who are married to males, but also women in live-in partnerships and family
members, including mothers, grandmothers, etc. By this statute, women can request
protection from domestic abuse, the right to live in their joint household, and maintenance
from their offender if they are living apart.

➢ The Dowry Prohibition Act of 1961 is a penal statute that criminalises both the receiving
and giving of dowry. By this law, anyone who takes, gives, or even asks dowry is punishable
by imprisonment for up to six months or a fine of up to Rs 5,000, or both.

➢ Section 498A of the Indian Criminal Code (Husband or relative of a woman's spouse
subjecting her to cruelty) is another law that might assist women who are victims of domestic
violence. This is a criminal law that applies to abusive husbands and relatives of abusive
husbands. Harassment in the guise of dowry is a form of cruelty.

➢ In consideration of the rights granted by Articles 14, 15, and 21 of the Constitution, a
legislation is suggested to provide a civil law remedy to protect women from becoming
victims of domestic violence and to reduce the prevalence of domestic violence in society.