DOMESTIC VIOLENCE: THE DIFFERENCE BETWEEN REALITY

AND STATISTICS

Author’s Details

Name- Ananya Jain

College – Lloyd Law College

Semester- 2nd

Abstract

Domestic violence knows no bounds, transcending geographical borders and societal

divisions, leaving a trail of devastation regardless of gender, economic status, race, or
educational background. Its pervasive nature, deeply entrenched in societies worldwide,
cannot be morally justified due to the grave toll it takes on the health and well-being of its
predominantly female victims. Despite its widespread prevalence, certain marginalized
groups bear a disproportionate burden of its brutality. According to reports by the World
Health Organization (WHO), intimate partner violence alone accounts for up to 38% of
global violence, with alarming statistics revealing that 2 in 3 women experience sexual
violence at some point in their lives. However, painting an accurate picture of its prevalence
remains a daunting challenge, as many survivors opt not to report their ordeals out of fear,
shame, or concern for their safety. The reported figures thus represent only a fraction of the
true magnitude of domestic abuse, failing to capture the countless instances that go
unreported due to myriad barriers. This glaring disparity between reported incidents and the
lived experiences of survivors underscores the urgent need for a more nuanced understanding
of domestic violence. Quantitative data, while valuable, often overlooks the qualitative
dimensions of abuse, such as the insidious effects of emotional manipulation, which defy
easy quantification yet leave lasting scars on the psyche. In this legal discourse, we aim to
delve into the prevalence and underlying factors contributing to domestic violence against
women in the context of India, shedding light on the pervasive issue of underreporting and
offering actionable strategies to address it. By marrying statistical analysis with real-world
narratives, our goal is to cultivate a deeper understanding of domestic abuse and advocate for
more holistic and effective interventions that prioritize the safety and well-being of survivors.

Introduction

Target 5 of the Sustainable Development Goals (SDGs) aims to eliminate all forms of
violence against women and girls, with a focus on indicators such as rates of intimate partner
violence (IPV) and non-partner violence. According to the World Health Organization
(WHO), in 2018, there was a reported prevalence of 26% of IPV among ever-married women
aged 15 years or older globally, with figures rising to 35% in the southern Asia region, which
includes countries like India. Domestic violence, also known as domestic abuse, spousal
abuse, or intimate partner violence (IPV), manifests as a repetitive pattern of abusive
behaviors inflicted by one partner upon another within an intimate relationship, spanning
marriage, family, or cohabitation. Its various forms pose significant challenges for legal
redress, often compounded by issues of privacy and dependency within familial settings.
Victims frequently refrain from reporting due to the weight of social stigma. This spectrum of
abuse encompasses physical and psychological violence, coercion, verbal aggression,
property damage, sexual assault, dowry-related marital rape, and other forms of exploitation.
While numerous institutions conduct surveys to gauge the prevalence of domestic violence,
understanding the dissonance between actual experiences and statistical portrayals remains
crucial. Discrepancies in reported figures can arise due to factors such as underreporting,
variations in survey methodologies, cultural influences, and the diverse array of experiences
encompassed within domestic violence. Analyzing and comparing data from different sources
can illuminate the multifaceted dynamics. Recognizing these disparities is paramount for the
development of more accurate and comprehensive strategies to effectively address domestic
violence. By acknowledging the issue's complexity and embracing diverse perspectives, we
can pave the way for more inclusive and impactful interventions.

Framework and Legal Safeguards Against Domestic Violence

In India's historical context, domestic violence has long been recognized as a significant
danger to women's lives, particularly exacerbated by the dowry system. Early legislative
efforts focused on combating violence leading to "dowry deaths," resulting in amendments to
the Dowry Prohibition Act (1961), including Section 304B of the Indian Penal Code, which
criminalized violence linked to dowry demands by spouses or their families. Despite the
introduction of Section 498-A of the Indian Penal Code in 1983, which criminalized domestic
violence, it continued to pose a serious threat to women in India. In response, the Protection
of

Women from Domestic Violence Act, 2005 (PWDV), was enacted to provide immediate
relief to women experiencing abuse from their spouses and in-laws.

Section 3 of the Protection of Women From Domestic Violence Act, 2005 defines ‘Domestic
Violence’ as any action, inaction, or conduct by the respondent that results in harm, injury, or
compromise to the health, safety, life, or well-being, both physical and mental, of the
aggrieved person. This encompasses physical, sexual, verbal, emotional, and economic abuse.
Additionally, it includes subjecting the aggrieved person to harassment, harm, or danger to
coerce her or any related person to meet unlawful dowry demands or other property requests.
Moreover, conveying threats through the mentioned actions or inflicting any form of injury or
harm, whether physical or mental, upon the aggrieved person, is also considered as domestic
violence. In India, various laws and legal provisions directly address domestic violence,
aiming to prioritize the safety and protection of women from their partners and families.
These include the Indian Penal Code, 1860 (Section 498A), Indian Evidence Act, 1872,
Dowry Prohibition Act, 1961, Criminal Law (Amendment) Act, 2013 (Section 354A),
Immoral Traffic (Prevention) Act, 1956, and National Commission for Women Act, 1990.

Types Of Domestic Violence

The Centre for Disease Control in the US (CDC, 2003) identified four distinct classifications
of domestic violence:

1. Physical violence
2. Psychological or emotional violence
3. Sexual violence

Physical Violence
In Section 3 of the Protection of Women from Domestic Violence Act, 2005, Physical Abuse
is defined as any conduct that inflicts fleshly pain, detriment, or poses trouble to the life,
physical well-being, or overall development of the affected existent. This encompasses acts
similar to assault, felonious intimidation, and the use of force. It encompasses a range of
actions, including scratching, pushing, hitting, and armament operation. also, pressing or
compelling others to engage in similar conduct is considered physical violence. Throughout
history, physical abuse has been a pervasive system used to ply control over women within
the domestic setting, serving as a current means of subjection.

Psychological or Emotional Violence

Various dimensions are involved in the abuse of women within domestic settings. As outlined
in the Protection of Women from Domestic Violence Act (PWDVA) of 2005, emotional or
psychological abuse, which falls under the verbal category, encompasses acts such as insults,
ridicule, humiliation, and name-calling, especially concerning matters like childbirth or the
gender of offspring. When these forms of abuse are recurrent, they can lead to physical pain
for individuals connected to the victim. Psychological abuse emerges as a significant type of
mistreatment experienced by women.

Sexual Violence

The 2005 Protection of Women from Domestic Violence Act delineates sexual abuse as any
conduct of a sexual nature that demeans, shames, or otherwise infringes upon the dignity of
women. This form of abuse predominantly unfolds within the intimate dynamics of
heterosexual relationships, frequently within the confines of marriage. Among the manifold
expectations imposed upon a wife, the fulfilment of sexual obligations is often mandated.
Non-compliance with these obligations or allegations of infidelity are sometimes perceived as
grounds for justifying male violence, thereby perpetuating a cycle of abuse. In contemporary
society, certain men employ sexual violence as a means to assert dominance and uphold
conventional ideals of masculinity, particularly within households where men possess
education and financial stability. A survey unveiled that 79% of men utilize sexual violence
to control their wives' fidelity, with 57% of them having received more than six years of
formal education.

Factors contributing to domestic violence

In a multi-state investigation encompassing 18 regions of India and involving 14,507 women,
findings disclosed a prevalence rate of 39% for domestic violence. Key risk factors included
reduced household income, lack of education, belonging to lower castes, and partner
involvement in alcohol consumption or gambling. These factors underscored the elevated
susceptibility of women in India to domestic violence. The study underscored the widespread
occurrence of domestic violence in both rural and urban settings, with 39% of women
reporting such experiences nationwide.

Numerical information regarding incidents of domestic violence

Presently, domestic violence remains a widespread concern throughout India, transcending

boundaries of caste, class, religion, age, and education. The National Family Health Survey
(NFHS), from 2006 to 2019, consistently depicts a rising trend in spousal violence across the
nation, with certain regions showing notable fluctuations. While states like Himachal
Pradesh, Sikkim, Maharashtra, and the newly formed union territories of Jammu Kashmir and
Ladakh witnessed temporary declines during 2015-16, they experienced significant increases
in 2019. States like Karnataka are particularly worrisome, demonstrating persistent upward
trends in the percentage of women encountering domestic violence. Recent data from the fifth
NFHS (2019-21) underscore that Karnataka, Bihar, and Manipur continue to exhibit the
highest rates of spousal violence nationally. Tackling social issues such as domestic violence
necessitates precise legal and policy interventions or community engagement, which, in turn,
rely on an accurate understanding of the situation. However, gathering trustworthy, valid, and
ethical data on domestic violence poses significant challenges due to the sensitive nature of
the topic. These challenges include obtaining correct and comprehensive information,
adhering to ethical considerations, and ensuring the safety and confidentiality of respondents
and interviewers, especially when disclosing instances of violence. Nonetheless, NFHS
surveys adeptly address these concerns by adhering to both Indian and international
guidelines, such as the WHO ethical guidance for research on domestic violence against
women (2001), to ensure the ethical collection of violence-related data.
Source- https://www.orfonline.org/research/domestic-violence-and-women-s-health-in-india-
insights-from-nfhs-4

Discrepancies observed between officially reported cases and the true

occurrences of domestic violence

The National Crime Records Bureau( NCRB) data indicates that 30.9 of reported cases of
domestic violence against women are filed under Section 498A of the Indian Penal Code,
aimed at securing wedded women from atrocity executed by their misters and cousins. still,
methodical under-reporting of domestic violence persists due to factors similar to shame,
fiscal dependence, fear of reprisal, victim condemnation, and regulatory hurdles. A
comparison of NCRB numbers with data from the National Family Health Survey( NFHS- 5)
can offer perceptivity into the extent of under-reporting of domestic violence incidents in
India. It's important to admit that NFHS responses might be told by impulses, particularly in
the presence of other ménage members or if repliers are doubtful about the consequences of
their answers. nevertheless, since NFHS checks do not number walls associated with formal
complaint forms, the liability of underreporting is presumed to be lower compared to NCRB
statistics. NFHS- 5 findings punctuate the concerning frequency of domestic violence across
different Indian countries ( see Figure 2). In Karnataka, 44 of the surveyed women reported
passing conjugal violence, with also high rates in Bihar( 40), Manipur(39.6),
Telangana(36.9), Assam( 32), and Andhra Pradesh( 30). Again, states like Lakshadweep(1.3),
Nagaland(6.4), Goa(8.3), and Himachal Pradesh(8.3) parade the smallest situations of
violence among repliers. A comparison of these numbers with the proportion of women
filing complaints under Section 498A of the IPC reveals significant underreporting in 14 out
of the 20 surveyed countries, constituting 70 of the aggregate. especially, reporting is as low
as 0 in Lakshadweep and Nagaland under Section 498A, contradicting the suggestions from
NFHS- 5. Bihar, Karnataka, and Manipur demonstrate the most significant under-reporting,
with domestic violence frequency surpassing 40, while reporting remains below 8. In
discrepancy, Assam, Andhra Pradesh, Kerala, Telangana, Tripura, and West Bengal parade
advanced probabilities of case forms compared to tone-reported frequentness of domestic
violence.
Source - https://thewire.in/women/domestic-violence-india-underreported

Drawing parallels with global patterns

Domestic violence transcends geographical boundaries, impacting millions globally. The

Declaration on the Elimination of Violence Against Women underscores the necessity for
comprehensive research, data gathering, and statistical analysis, particularly concerning
domestic violence. It emphasizes the importance of understanding the diverse forms, root
causes, severity, and consequences of violence against women, alongside evaluating the
effectiveness of preventive and intervention strategies. Despite these recommendations,
obtaining precise statistical data on global domestic violence remains challenging. The World
Health Organization reports that one in three women worldwide experiences physical or
sexual violence at some stage in their lives, echoing the situation in India. This harsh reality
underscores domestic violence as a pervasive global issue that spans across various societies
and cultures. The COVID-19 pandemic exacerbated this problem, leading to an increase in
domestic violence cases globally due to lockdown measures and economic strain. The United
Nations highlights a troubling 20% surge in such incidents since the onset of the pandemic.
Emotional abuse emerges as the primary form of domestic violence worldwide, closely
followed by physical and sexual abuse, aligning with the scenario in India. Significantly,
women in rural areas and those with lower levels of education and income are
disproportionately affected by domestic violence on a global scale, echoing the socio-
economic disparities observed within India. The WHO Multi-country Study on Women’s
Health and Domestic Violence against Women (WHO 2010) conducted interviews with
24,000 women aged 15 to 49 across 15 sites in 10 countries, including Bangladesh, Brazil,
Ethiopia, Japan, Peru, Namibia, Samoa, Serbia and Montenegro, Thailand, and the United
Republic of Tanzania. Key findings reveal that between 1% and 21% reported experiencing
child sexual abuse before the age of 15, while physical abuse by a partner was reported by
13% to 61% of respondents. Additionally, sexual violence by a partner was reported by 6% to
59% of respondents, and sexual violence by a non-partner after the age of 15 was reported by
0.3% to 11.5% of respondents. These findings underscore the prevalence of various forms of
domestic violence across different regions and highlight the urgent need for interventions and
support systems to address this pervasive issue.

Suggestions for enhancing data collection and reporting

The expert group recommends several measures to improve the collection of data on violence
against women:

1. National governments should encourage further research and data collection on all forms
of violence against women by engaging various stakeholders such as national statistics
offices, government bodies, research institutions, non-governmental organizations (NGOs),
and international agencies.

2. Develop and distribute methodological guidelines to assist countries in creating sustainable

national surveys on violence against women.
3. Ensure that data collection, processing, and dissemination adhere to the Fundamental
Principles of Official Statistics, with data made available to researchers and policymakers
post-research.

4. Employ diverse methods in surveys to comprehensively measure different forms of

violence, including physical, sexual, emotional, and economic violence, as well as violence
from different perpetrators, institutional violence, and harmful traditional practices.
Incorporate behaviourally-specific questions wherever possible to gather detailed information
about violent victimization.

5. Researchers and national statistics offices should prioritize minimizing risks to both
respondents and interviewers, guided by the fundamental ethical principle of "Not harm." If
such efforts are not feasible, reconsider data collection.

6. Implement specialized measures to enhance the protection of respondents and interviewers.

Conclusion

It's essential to address the gap between reality and statistical descriptions of domestic
violence in India to achieve Sustainable Development Thing and annihilate violence against
women. Enhancing the capacity for data collection and addressing issues of underreporting
and unreliability are critical ways in this shot. To bridge these gaps, visionary measures
analogous to bolstering law enforcement sweats, promoting awareness of gender equality and
women's rights from an early age, organizing regular legal knowledge camps, and
propagating information about applicable NGOs and governmental associations can empower
individualities to fete and report cases of domestic violence. Sensitizing healthcare providers
and policymakers to address the conditions of survivors is vital for ensuring the effective
enforcement of laws guarding women's rights. ultimately, establishing Women's
Commissions at a quarter and lower situation, along with extensive sensitization programs,
will foster a further supportive terrain for survivors and combined sweat toward barring
domestic violence in India.

References

1]https://www.researchgate.net/publication/
307444136_Analysis_of_the_cycle_of_domestic_violence_against_women
2] https://www.un.org/womenwatch/daw/egm/vaw-stat-2005/docs/final-report-vaw-stats.pdf

3] https://naad.org.in/domestic-violence-statistics-in-india/

4] https://thewire.in/women/domestic-violence-india-underreportedm