JUDICIAL TRENDS ON LAWS PROTECTING WOMEN AGAINST

DOMESTIC VIOLENCE IN INDIA

 WHAT IS DOMESTIC VIOLENCE?
• Is used interchangeably with intimate partner violence.
• “Domestic violence can be better seen as a chronic syndrome
characterized not only by episodes of physical violence but also by
the emotional and psychological abuse the perpetrators use to
sustain command over their mates”. (Hegarty K, Hindmarsh E D,
Gilles M T.)
• Includes physical abuse (such as slapping, beating, arm twisting,
stabbing, strangling, burning, choking, kicking, forcing unwanted
sexual acts or forcing sex), verbal abuse (such as threats to take
away custody of the children, destruction of objects, isolation, verbal
aggression and constant humiliation, behavior), economic abuse
(such as the denial of funds, refused to contribute financially, denial
of food and basic needs, and controlling access to health care,
employment) and societal abuse. (UNICEF)
• Perpetrated by intimate partners and other family members.
 CAUSES

1. Husband or family members attack women if they

do not cook well
2. If women do not do the household works properly.
3. Dowry
4. Extra-marital affair
5. Women’s education
6. If wife does something without husband’s
permission
 EFFECTS

• Isolation, Control and Dependency:

• Responsibility, Guilt and Shame
• Despair, Helplessness and
Hopelessness
• Health
• Depression, Anxiety and Post-
traumatic Stress Disorder
 OBJECTIVES OF STUDY

The present study is aimed to study the Protection of Women’s Rights

with Special Reference to Domestic Violence. So the main objectives
of this study are the following:

1. To assess the extent of Domestic Violence against women prevailing

in various forms in the family.

2. To study the reasons for bringing a Special Legislation on Domestic

Violence.

3. To study the role of judiciary on protecting rights of women against

domestic violence.
 HYPOTHESIS

Keeping the above objectives in mind, the following hypothesis is formulated

1. The Indian judiciary is recognizing the problem of domestic violence

against women and is giving effect to the various pro-women provisions as
contained in various legislations in India in letter and spirit while dealing with
the cases of domestic violence against women.

2. The existing legal framework is not sufficient to check the domestic

violence against women or needs modifications in order to overcome
drawbacks and defects.

3. ‘The Protection of Women from Domestic Violence Act, 2005’ is a

progressive legislation.
 STATEMENT OF PROBLEM

There is growing tendency to come out with inflated and exaggerated allegations roping in each and every
relatives of the Husband whenever there is marital dispute or a case of cruelty against wife. The statement
of the complainant wife is sufficient to put all the relatives including school going minor brothers and
sisters of the Husband behind the bar. Such was neither the intention nor the object of the legislation.

• While discussing the facts of the case of Bhupinder Kaur it was observed by Hon'ble High Court that

all the members of the family of husband roped including two minors. FIR against the minor was

quashed holding that from the reading of the FIR, it is evident that there is no specific allegation of

any act against Petitioner No. 2 and 3, which constitute offence under section 498-A IPC.

• I am satisfied that these two persons have been falsely implicated in the present case, who were minor

at time of marriage and even at the time of lodging the present FIR. Neither of these two persons was

alleged to have been entrusted with any dowry article nor did they allege to have ever demanded any

dowry article. No specific allegation of demand of dowry, harassment and beating given to the

complainant by these two accused has been made. Bhuinder kaur v. st.of Punjab 2003(2) RCR(cri.)

413
DOMESTIC VIOLENCE AGAINST WOMEN
IN INDIA
• About once every five minutes an incident of domestic violence is reported in
India
• According to India's National Crime Records Bureau 2013, 118,866 Domestic
violence, 70,739 Molestation, 51,881 Kidnapping, 33,707 Rape and 34,353
other among 309,546 crimes against women reported in 2013.
• The form of domestic violence, dowry deaths, acid attacks, honor killings,
rape, abduction, and cruelty by husbands and in-laws.
• In 2012, according to the National Crime Records Bureau (NCRB), dowry
deaths – or murders of women by the groom or in-laws because of unmet high
dowry expectations – constituted 3.4% of all crimes against women. In other
words, last year in India on average 22 women were killed per day because
their families could not meet dowry demands.
• The NCRB statistics indicate that an Indian woman is most unsafe in her
marital home with 43.6% of all crimes against women being "cruelty" inflicted
by her husband and relatives.
• Between 2001 and 2011 the overall number of incidents of crime against
women rose steadily, and was 59% higher than in 2001.
 CONCLUSION
1. Prompted by women’s rights groups the government passed a Domestic
Violence Act in 2010, which makes domestic violence a punishable offense
with a maximum sentence of two years in jail.
2. Proper intervention strategies need to be undertaken.
3. Existing laws regarding protection of women’s rights should be enforced
effectively.
4. Law enforcing agencies need to handle the situation with sincerity, honesty
and with strong commitment without any hesitation and bias.
5. Awareness and capacity building among the women are also important.
6. Under the existing social values and norms, males’ attitude and behaviour
towards females need to be changed as well.
7. In this regard relevant agencies of the Government, NGOs, researchers,
lawyers, activists and media need to come forward and work together for
advocacy and campaign against domestic violence on women.