DOMESTIC VIOLENCE – SOCIAL ISSUE
News: Still
a nightmare for domestic violence survivors
What's in the news?
● Just
ahead of the International Day for Elimination of All Forms of Violence against
Women (November 25), the brutal murder and mutilation of a young woman by her
partner has drawn attention to intimate partner violence, also recognized under
the Protection of Women from Domestic Violence Act 2005 (PWDVA) as a kind of
domestic violence.
What is domestic violence?
● Domestic
violence also referred to as domestic
abuse or family violence, is violence or other abuse that occurs in a
domestic setting, such as in a marriage or cohabitation.
● Domestic
violence is often referred to as a synonym for intimate partner violence.
● It
is a form of violence or abuse causing hurt, injury, mental, physical and
emotional harm or duress, inflicted for any demand including dowry by a
partner.
Domestic violence in India:
● Domestic
violence is a punishable offence under
Indian law. It is a violation of human rights.
Recent findings from National Family health Survey
Report-5:
● The
latest round of the National Family Health Survey-5 (2019-21) reveals that we
live in a society where violence against women persists to such an extent that
32% of ever-married women aged 18-49 years have ever experienced domestic
violence.
● The
National Family Health Survey-5 (2019-21) reports that only 14% of women who have experienced domestic violence have ever
sought help; and this number is much lower in the rural areas.
● Status:
Domestic violence against women is highest in Karnataka at 48%, followed by
Bihar, Telangana, Manipur and Tamil Nadu. Lakshawdeep has the least domestic
violence at 2.1%.
● Rural-urban difference: Physical
violence is more common among women in rural areas (32%) as compared to their
urban areas (24%).
● Impact of schooling and
education: 40% women with no schooling are subject
to physical violence compared to 18% who completed their schooling.
● Impact of employment and
wealth: The experience of physical violence
ranges between 39% among women in the lowest wealth quintile and 17% in the
highest wealth quintile.
● The
simple reality was that many women had
nowhere else to go, and access to legal justice through the courts was a
material possibility only for women with independent wealth and connections or
those supported by specialist non-governmental organizations.
● So,
for many survivors, transforming their situation depended on securing their
economic self-sufficiency by pursuing new skills and livelihood opportunities.
Causes of domestic violence:
1. Patriarchal attitude:
● The
major factor behind the violent behavior of men is the patriarchal attitude
which perceives women as an object and
gives her a low status in the society.
● Violence
arises from patriarchal notions of ownership over women’s bodies, labor,
reproductive rights and level of autonomy.
2. Social culture:
● Indian culture glorifies
the image of a woman who is tolerant and receptive,
and is another reason which prevents women from walking out of violent
relationships.
● Further,
religion perpetuates a culture where a woman is supposed to be submissive to
her husband.
● For
example, ‘pativrata nari’ is
considered ideal in Indian society.
3. Lack of awareness:
● Lack
of awareness of their own rights and a general social belief in women’s
subordination perpetuates a low self-image in women and her inferior status.
● Women are taught that
marriage is the ultimate goal she has to achieve.
All this conditioning gradually becomes the nature of an Indian woman.
4. Dowry system:
● There
are strong links between domestic violence and dowry.
● In
a 2005 study published in World Development, a negative correlation between
dowry amount and inter-domestic violence was found, indicating dangers of
domestic violence, if falling short on dowry expectations.
● The
dowry prohibition act has limited impact on violence related to dowry, and many
cases of brides being burned for dowry are reported.
5. Lack of education:
● Low investment on girl education, girl children are kept out of schools, or made dropout of school at early age, girls are considered as a burden on family in many societies.
6. Psychiatric Morbidity:
● Generally
refers to the incidence of both physical and psychological deterioration as a
result of a mental or psychological condition, generally caused due to the
consumption of alcohol.
● Regular consumption of
alcohol by the husband has been strongly associated with poor mental health of
women.
● Alcohol
operates as a situational factor, increasing the likelihood of violence by
reducing inhibitions, clouding judgment and impairing an individual's ability
to interpret cues.
7. Underreporting:
● According
to WHO estimates less than 40 percent of the women who experience violence seek
help of any sort.
● Among
women who seek help, tend to approach family and friends and very few look to
formal institutions and mechanisms, such as police and health services.
● Less than 10 percent of those women seeking help for experience of violence sought help by appealing to the police.
8. Erring Laws:
● Most
of the time laws and legislations for women safety are either not in compliance
with the International standards or not implemented properly.
● Laws
relating to violence themselves constitute a greater barrier against justice
for women.
Consequences of domestic violence:
1. Health Issue:
● Violence
in any form affects not only physical
mental sexual and reproductive health of women but also adversely affects their
self esteem, ability to work and make decisions about fertility.
● Violence
against women, including sexual or physical violence, is linked to many
long-term health problems. Long-term mental health effects of violence against
women can include Post Traumatic Stress Disorder, Depression or Anxiety.
● This
can further lead to the problem of substance abuse and drug addiction. Sexual
violence can result in irreparable injury to sexual violence and a loss of
self-worth
2. Rights Issue:
● Any
form of Violence against women hinders their realization of fundamental rights
under article 14, 21, 19 and 32 of
the Indian constitution.
3. Impact on Child:
● A
variety of behavioral and emotional
disorders may affect children who are raised in violence-prone families.
These have been linked to later violence, both perpetrating it and experiencing
it.
4. Social and Economic Cost:
● Sexual
and intimate relationship violence has significant social and financial
repercussions that propagate across society.
● Women
may experience loneliness, be unable
to work, lose earnings, miss out on routine activities, and have a restricted
capacity to care for themselves and their children.
5. Development Issue:
● Violence
obstructs participation of women in development and planning programs both at
micro and macro level.
● Violence
prevents women from experiencing or accessing the benefits of development by
restricting their ability to act or move freely.
● Violence
against women is an obstruction to poverty alleviation programs as it impedes
equitable distribution of resources.
Government Initiatives:
Constitutional provisions:
1. Fundamental Rights:
● The
State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.
● There
shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
● The
State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth, or any of them.
2. Directive Principles of State Policy:
● The
State shall direct its policy towards securing to all citizens men and women,
equally, the right to means of livelihood, and shall strive to ensure equal pay
for equal work.
● The
State is also directed to make provisions for ensuring just and humane
conditions of work and maternity relief.
3. Fundamental Duty:
● Above
all, the Constitution imposes a Fundamental Duty on every citizen to renounce
practices derogatory to the dignity of women.
4. Criminal offence:
● In
1983, domestic violence was recognised as a specific criminal offence by the
introduction of section 498-A into the
Indian Penal Code. This section deals with cruelty by a husband or his
family towards a married woman.
5. Dowry Prohibition Act, 1961:
● This
Act prohibits the giving or taking of dowry. This is to ensure a change in the
culture of dowry in India and associated violence.
6. Protection of Women from Domestic Violence Act,
2005:
● Protection
of Women from Domestic Violence Act, 2005 ensures the reporting of cases of
domestic violence against women to a Protection
Officer.
● The
Act was to make justice available to women who may not always want criminal
proceedings and would want to keep the option of reconciliation alive.
7. Nirbhaya Fund:
● Nirbhaya
Fund is a Rs.10 billion corpus announced by the Government of India in its 2013
Union Budget.
● This
fund is expected to support initiatives by the government and NGOs working
towards protecting the dignity and ensuring the safety of women in India.
WAY FORWARD:
1. Gender based legislation:
● It
is important to enact and enforce legislation and develop and implement
policies that promote gender equality by ending discrimination against women in
marriage, divorce and custody laws, inheritance laws and ownership of assets.
2. Financial Independence:
● Improving
women’s access to paid employment.
3. Awareness:
● Awareness
generation and sensitization camps
should be organized at regular intervals. Media
can play a vital role in this regard.
● Police
should play a vital role. Separate wings should be formed and they should be
trained to become more respectful and courteous to the victims in distress.
● Capacity building and
training to service providers and law enforcement
officers to handle cases of violence against women.
4. Data and policies:
● Developing
and resourcing national plans and policies to address violence against women.
● Improve
system of collecting crime surveillance
data on violence against women.