WHAT IS DOMESTIC

VIOLENCE?

► Domestic violence can be broadly

defined as a pattern of
abusive behaviors by one or both partners
in an intimate relationship such as
marriage, dating, family, friends or
cohabitation
►
It is the establishment of control and fear
in a relationship through violence and
other forms of abuse.
▸ The violence may involve physical
abuse, sexual assault and threats.
► The abuser tortures and controls the
victim by calculated threats, intimidation,
and physical violence.
►
In most cases, the victims are women.
Children in homes where there is
domestic violence are also abused or
neglected.
Domestic violence is a CRIME and you
must seek help.
 DEFINITION IN SECTION 3,
IPC

► For the purposes of this Act, any act,

omission or commission or conduct of
the respondent shall constitute domestic
violence in case it
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

⚫ 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
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.
 FORMS OF DOMESTIC VIOLENCE
▸ Physical Assault or injury (hitting,
beating, shoving, etc.)
► Psychological or Emotional Abuse
► Social Abuse
► Financial Abuse
▸ Sexual Assault (sexual abuse, forced
sexual activity)
FORMS OF DOMESTIC
VIOLENCE
► PHYSICAL ABUSE 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;
▸
SEXUAL ABUSE includes any conduct
of a sexual nature that abuses, humiliates,
degrades or otherwise violates the dignity
of woman;
► VERBAL AND EMOTIONAL
ABUSE includes-
• insults, ridicule, humiliation, name
calling and insults 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.
▸ ECONOMIC ABUSE includes-

⚫ deprivation of all or any economic or

financial resources to which the
aggrieved person is entitled under any
law or custom whether payable under an
order of a court or otherwise or which the
aggrieved person requires out of
necessity including, but not limited to,
household necessities for the aggrieved
person and her children, if any, stridhan,
property, jointly or separately owned by
the aggrieved person, payment of rental
related to the shared household and
maintenance;
⚫
disposal of household effects, any
alienation of assets whether movable or
immovable, valuables, shares, securities,
bonds and the like or other property in
which the aggrieved person has an
interest or is entitled to use by virtue of
the domestic relationship or which may
be reasonably required by the aggrieved
person or her children or her stridhan or
any other property jointly or separately
held by the aggrieved person; and
• prohibition or restriction to continued
access to resources or facilities which the
aggrieved person is entitled to use or
enjoy by virtue of the domestic
relationship including access to the
shared household.
 VICTIMS

► Domestic violence does not belong

only to a specific group of people rather it
occurs across all socio-economic, racial,
religious, ethnic age groups.
► 1. Domestic violence happens
between people who are dating married,
separated and divorced.
► 2. It occurs in heterosexual as well as
in gay and lesbian relationships and in
adolescent dating relationships.
But the main victims of DOMESTIC
VIOLENCE are WOMEN :
► 1. women represent 95% of adult
victims. ► 2. between 1 and 4 million
women abused per
year.
► 3. lifetime risk for women is about
20%.
▸ Abusers come from all walks of life.
They can be male or female, but the trend
indicates men as majority of perpetrators.
► The abuser is responsible, and there is
no excuse for domestic violence.
Contrary to popular belief, domestic
violence is not caused by stress, mental
illness, alcohol or drugs. The only true
cause of domestic violence is the abuser's
choice to act violently.
STATISTICAL FACTS ABOUT
DOMESTIC VIOLENCE
▸
One in every 2 women in South Asia
faces violence in her home
▸
21-28% women are abused by a current
or former partner some time during their
lives
▸
47% of husbands who beat their wives do
so 3 or more times
a year
▸ 14-25% of ever-married women report
being raped by their current or former
husbands
19% to 30% of injured women seen in
emergency departments are victims of
domestic violence
▸
25% of women who attempt suicide may
have suffered domestic violence
► 1500 women are killed by their
partners annually.
▶ 30 to 50% of all women murdered are
killed by their partners.
► Upto 6 million women are beaten in
their homes annually.
▶ 90% of battered women never report
their abuse.
► Battering contributes to all 25-50%
suicide attempts.
► 1 out of every 3 women seen in ER
are victims of domestic violence as per
the AMA.
Violence Against Women
Womb To Tomb
• Before birth, as many as 5 million girls
in India are aborted by sex selective
abortion. If her mother is beaten, the
unborn child can be harmed in the womb,
born underweight, miscarried or stillborn.
• As an infant, she may be one of 10,000
girl children in India who are murdered
by female infanticide every year.
• In girlhood, she may suffer physical,
sexual, or psychological abuse at the
hands of her elders.
• In adolescence, she is married and
pregnant before she is physically and
emotionally ready.
• As a wife, it is likely that she is battered
in the home. In a UNICEF review of 21
studies of violence in South Asia, over
70% of women in India reported that they
were physically abused by their
husbands.
• Outcast in widowhood: She is harassed,
abused, and even murdered when her
husband dies.
• Throughout her life, depression and
suicide are two predictable outcomes for
a life endured under these conditions
 IMPORTANT CASES
► Sharad B. Sarda vs. State of
Maharashtra (1984) 4 SCC 116
► State (Delhi Administration) vs.
Laxman Kumar and ors (1985) 4SCC
476
► Vanka Radharnanohari vs. Vanka
Venkato Reddy and ors (1993) SCC 4
► State of West Bengal vs. Orilal Jaiswal
& anr. (1994) 1 SCC 73
► Hem Chand vs. State of Haryana
(1997) 11 SCC 552
► Pawan Kumar vs State of Haryana
(1998) 3 SCC 309
 PREVIOUS ACTS
▸ During the 1980's, far-reaching
changes were introduced in our criminal
laws to deal with DV
► In 1983, DV as a specific criminal
offence by the introduction of section
498-A into the Indian penal code.
► Section 498-A of the Indian penal
code covers dowry-related harassment
▸ Also addresses dowry deaths in section
304-B.
▸ Section 306 should be invoked when a
woman commits suicide because of
dowry-related harassment.
 NEED OF THE ACT

► Domestic Violence Bill was first

introduced by NDA Government after a
persistent demand from women
organizations across the country.
► There are certain criminal remedies
that address domestic violence against the
wife/married woman but none of them
address violence against sisters,
daughters, mothers and mothers-in-law.
► The existing criminal law does not
address a woman's needs for residence or
maintenance, for instance.
► The Domestic Violence Act allows
women in domestic relations with the
aggressor to seek a whole range of civil
remedies under a single-window
clearance system.
► The wide definition of domestic
violence - physical, mental, economical
and sexual - brings under its purview the
invisible violence suffered by a large
section of women and entitles them to
claim protection from the courts.
► To protect women from domestic
violence.
Not that there was no law in India earlier
dealing with violence against women.
• The previous law, however, was not
specific to domestic violence against
women.
• Therefore it was not very effective in
controlling violence committed against
women, within the family or inside the
household.
 OBJECTIVE OF THE ACT

► The Protection of Women from

Domestic Violence Act, 2005 is a new
legislation which empowers courts to
grant protection to victims of domestic
violence. It also includes new concepts
such as "civil wrong of domestic
violence, the right to reside in a shared
household and the right to protection
against domestic violence by obtaining
protection orders including monetary
relief and custody of children orders".
► The objective of Act is to preserve the
family and "regulate and improve matters
for the future, rather than pass judgments
or punish past behavior."
 LAWS

► Commencement of the Act: This Act

came into force on 26th October 2006.
▸ Extent of operation: It extends to the
whole of India, except the State of
Jammu and Kashmir
► It seeks to protect a woman from
domestic violence committed or
threatened to be committed, by an adult
male member of the family or household.
► It recognizes the right of the aggrieved
woman to reside in the shared household.
▸ Aggrieved woman may directly apply
to the Magistrate for appropriate reliefs.
► She may also approach the Magistrate
through other agencies, such as
Protection Officer, Police Officer or
Service Provider.
RELIEFS AVAILABLE UNDER THE
ACT
► Protection order (sec. 18)
► Residence order (sec. 19)
► Monetary Relief (sec. 20)
► Custody order (sec. 21)
► Compensation order (sec. 22)
► Interim and ex parte order (sec. 23)
THE FACILITIES PROVIDED
UNDER THE ACT

► Medical facilities (sec. 7)

► Shelter homes (sec. 8)
► Counseling (sec. 14)
► Assistance of welfare experts (sec. 15)
► Support by Protection Officers, Police
Officer and Service Providers (sections 4,
5, 8, 9 and 10)
 HIGHLIGHTS

►
Any harm, injury to health, safety, life,
limb or well-being or any other act or
threatening or coercion, etc., by any adult
member of the family, constitutes
domestic violence.
▸ Any woman who is, or has been in a
domestic or family relationship, if is
subjected to any act of domestic violence
can complain.
▸
Affected woman can complain to the
concerned protection officer, police
officer, service provider or Magistrate.
▸
Aggrieved woman has right to be
informed about the available services and
free legal services, from the protection
officer, etc.
► Shelter-home and medical facilities
can be provided to aggrieved women.
► Interim compensation can be made
available to the aggrieved woman.
 CONCLUSION

► Domestic violence is still not viewed

as a serious criminal offence by the
judiciary in India. None of the judgments
over the years acknowledge that domestic
violence is a closed- door crime, ignored
by neighbors and the community.
▸ A heavy reliance on sections 498 A and
304 B of the IPC which have severe
penalties on conviction, creates its own
backlash, as judges want stronger and
clearer proof of guilt.
 REFERENCES

▸
http://en.wikipedia.org/wiki/Protection_o
f_Women_from_Do
mestic_Violence_Act_2005
▸
http://www.youthkiawaaz.com/2010/02/d
omestic-violence- in-india-causes-
consequences-and-remedies-2/
► Laws against domestic violence :
Underused or Abused? By Madhu
Kishwar
▸ http://www.dvmen.org/dv.htm
► http://www.pcvconline.org/
 STUDENTS REFLECTION

Our experience in researching domestic

violence has been both enlightening and
emotionally challenging. We have
invested significant effort in diving deep
into the literature, collecting data, and
navigating ethical dilemmas. The stories
and statistics have deeply affected me,
enhancing my empathy for survivors.
However, the emotional toll has been
substantial, and we had to contend with
my own biases and anxieties about ethical
considerations. The research has exposed
me to the harsh realities of this issue
while strengthening my resolve to
contribute to its resolution
 OBJECTIVE

• Raise awareness: Educate the public

about the prevalence and different forms
of domestic violence, emphasizing its
impact on individuals, families, and
communities. • Understand the causes:
Analyse the root causes and contributing
factors behind domestic violence,
exploring issues such as power dynamics,
cultural norms, and socioeconomic
influences. • Offer support and resources:
Provide information about available
support services, shelters, hotlines, and
legal avenues for victims of domestic
violence. • Promote prevention:
Encourage preventive measures through
education and community involvement to
help break the cycle of domestic
violence. • Foster empathy and
accountability: Promote discussions on
healthy relationships and communication,
encouraging individuals to take
responsibility for their actions and
intervene when they witness domestic
violence.
Let's All Join Hands To Mobilize Social
and Legal Change To Combat Violence
Against Women
THANK YOU