Addressing Domestic Violence: A Socio-Legal Imperative

What is Domestic Violence ? when two people are in a domestic relationship, and then one partner tries to gain and maintain power and control over another intimate partner by physically, sexually, emotionally, or financially abusing the partner. Domestic violence is not a new thing, it has been happening throughout history, but nowadays, the rate of domestic violence has significantly increased.

Domestic Violence is a socio-legal issue that affects individuals across different ages, socio-economic backgrounds, cultures, gender, and caste. But still, women are more likely to be subjected to domestic violence than men. In this article, I will explain the following points.

Understanding Of Domestic Violence

Often women are the soft targets of Domestic Violence. Domestic Violence is a Gruesome crime that also causes several deaths. the most common causes of domestic violence are illiteracy and economic dependency upon the menfolk. Domestic Violence does not only occur in married relationships, it can also happen in cohabiting couples, dating relationships, and same-sex partnerships.
  1. Physical Abuse:
    When a person uses physical power on the victim, which causes bodily harm or injury to the victim, then it is called as physical abuse. It includes slapping, Kicking, punching, burning, hitting, and choking. Sometimes victims die because they are physically abused. When a person does physical abuse to another person they don't have control over their mind and when they start putting physical power over victims they enjoy their power and dominance over the victim and sometimes this aggression takes the victim's life. When any person does domestic violence they think they are the most powerful person in this universe but they don't know if they do this then this world will call them a loser.
     
  2. Emotional Abuse:
    Emotional Abuse involves the manipulation of the victim's mind. This can be achieved through many activities such as insults, criticism, humiliation, degradation, gaslighting, and threatening of loved ones. When a victim is emotionally abused then the victim goes into depression and develops long-lasting emotional traumas. And it takes a lot of time to take out the victim from that trauma. Emotional abuse directly affects the mental health of the victims and because of that, these victims develop deep psychological scars in their minds.
     
  3. Sexual Abuse:
    When a person does any kind of sexual activity or coercion with the victim without their consent, it is called as sexual abuse. It includes acts such as groping, unwanted touch, forced sexual acts, sexual assault, and rape. Sexual abuse gives so many negative impacts on victim's mind. Many married men don't take permission from their wives for doing any sexual activity with them or they don't even ask them for this, they don't take any consent from their wives. This is also equivalent to sexual abuse and also rape. If there is no consent from a woman for any sexual activity but the husband still forcefully does any sexual activity, then it's counted as rape and sexual abuse whether he is her husband because in any sexual activity, the most important thing is the woman's consent. Sexual abuse also violates the victim's dignity.
     
  4. Financial Abuse:
    When a person Controls the victim's financial resources, then it's called as financial abuse. In today's time, if a person doesn't have financial resources then that person can't do anything and they would have to depend on another person. Because in today's time when a person wants to get control over their partner they first, start by taking control over the victim's financial resources first because without any financial support victim can't stand against the partner and they can't leave the abusive partner who did any domestic violence and the abuser do what they want. To make the victim financially weak the abuser prevents the victim from working, controls their income, and restricts their access to bank accounts.
All abuses are interconnected with each other and make an abusive relationship. The abusers try to gain and maintain power and control over victims that's why the abuser does all these abuses to the victim and try to break the victim emotionally, mentally, physically, and economically.

When a person is emotionally, mentally, physically, and economically broken, they will become weak and won't be strong enough to fight for their rights and also become dependent on their partner, which undermines their ability to leave the abusive relationship.

These abuses are the strategies that are used by the abuser for domestic violence and if we want to stop domestic violence then we have to break the cycle of abuse because these abuses make the victim weak by their mind, finance, and body and are forced to dependent on such abusive partners. The abuser takes benefit of this thing and does domestic violence.

Domestic Violence cases in India

According to the latest report by (NFHS) The National Family Health Survey "29.3% of married Indian women between the ages of 18-49 years have faced domestic violence. 3.1% of pregnant women between the ages of 18-49 have experienced physical violence during pregnancy."

And there are also many instances where women have not reported cases of domestic violence and hide the pain and just live their lives normally because they are not aware of the law and how can the law help them to stop domestic violence and help them out of that situation. These things happen because of the lack of knowledge and education. In India, in 2015-2016 the rate of domestic violence was 29.3% but it increased to 31.2% by 2019-2021 and is increasing day by day.

When some women suffer from domestic violence, they can't do anything because they are not so educated and aware of the law but some women are so much educated and smart that they put some fake domestic violence cases against their partner because they know if they file domestic violence case then they will get money from their partner as maintenance(monthly alimony) or one-time settlement. And sometimes this thing affects the real cases of domestic violence.

According to NFHS ( National Family Health Survey ), 2019-2021 in India, Karnataka has 44.4% of domestic violence cases and also, Karnataka has the highest cases of domestic violence, in 2nd Bihar has 40% of domestic violence, Manipur has 39.6% of domestic violence cases, Tamil Nadu has 38.1% of domestic violence cases, Telangana has 36.9 of domestic violence cases. But in the other hand, there are some states where domestic violence cases are quite low. In Lakshwadeep only 1.3% of domestic violence cases are found, in Nagaland 6.4%, In Himachal Pradesh 8.3%, in Goa 8.3%.

List Of Famous Domestic Violence Cases in India
  • Indira Jaising Vs Supreme Court of India (2006)
  • Lalit Kumari Vs Government of Uttar Pradesh (2013)
  • Gaurav Jain Vs Union of India (2014)
  • Hiral P.Harsora Vs Kusum Narottamdas Harsora (2016)
  • Arnesh Kumar Vs State of Bihar (2014)

The root cause of Domestic Violence

  • Lack of education And Awareness:
    In India, it's a big problem that peoples are not aware of their rights that's why so many domestic violence victims don't stand against domestic violence, they don't know about their rights and the power they have and just live their lives like dead bodies, they face domestic violence every day but due to lack of awareness and lack of education, they can't do anything for their self. Domestic violence victims are dependent on their abusive partners.

    The victims don't know about the laws which can help them to get out of this situation they don't know the procedure and how they can file a case of domestic violence. If we want to control domestic violence cases in India, we have to give proper education to the peoples of our country about domestic violence and also have to set up awareness camps about domestic violence.
     
  • Socioeconomic Factors:
    Socioeconomic factors such as unemployment, and financial stress can increase the risk of domestic violence. In India, most domestic violence cases happen for dowry. When the bride's family is unable to give dowry as per demand by the groom's family, then they begin to do domestic violence. The family of the groom starts abusing the bride in many ways for dowry, in some cases, abusers kill the victims for dowry in India. Every year many women are abused for dowry and become victims of domestic violence.
     
  • Gender Inequality:
    Men are always trying to dominate women in our society. Gender inequality creates a power imbalance in relationships because of that men misuse power and try to control women according to their needs. According to some stereotypes, women are often expected to be submissive, obedient, and solely responsible for household work, while men are expected to be decision-makers. In India, a lot of women are dependent on men financially. This dependence can make it difficult for women to leave abusive relationships or seek help due to financial constraints and fear of losing support.

Consequences and Impact of Domestic Violence

  • Physical and mental impact:
    The impacts of psychical domestic violence can be very gruesome. When physical domestic violence is subjected to a victim, it can result in various physical injuries such as- Cut marks, bruises, or even more serious things like broken bones, damaged body parts, or even death. The impact of mental domestic violence goes hand in hand with physical domestic violence. The consequences of mental domestic violence are as devastating as physical domestic violence. Victims suffering from the emotional consequence of domestic violence can develop various emotional and psychological trauma such as- Post-traumatic stress disorder (PTSD), suicidal thoughts, low self-esteem, anxiety, etc.
     
  • Social and Economic impact:
    The impacts of domestic violence can also include social and economic impacts such as- The victims would lose their jobs, having to pay legal and medical fees, having reduced productivity, and restricted access to personal property or bank accounts by the abuser. The victim can also develop introversion and stop social interactions between family and friends and can also become afraid of leaving their home. The judgment of the local people and neighbours can also lead to the isolation of the victim from society or lead to the development of emotional and psychological scares as explained under Physical and Mental impact.
     
  • Impact on Children:
    The impact of domestic violence can also lead to a huge impact on the children of the parents. When children grow up seeing or facing domestic violence in their household, between their parents, they can develop aggressiveness, show delays in the development of their mind, develop PTSD while growing, difficulty trusting someone and forming healthy and successful relationships in the future.

Solution And Measures

  • Domestic Violence Act (Protection of Women from Domestic Violence Act, 2005) This Domestic Violence Act in India helps to address domestic violence and protect women from domestic violence and help them to protect their rights which they have as women.
     
  • This Act helps to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of Domestic violence of any kind occurring within the family and for matters connected therewith or incidental thereto.
     
  • The main reason for domestic violence is lack of education and awareness:
    If we have to stop this domestic violence, then we have to give proper education about domestic violence to all our youth and we have to do more awareness campaigns for awareness of all the people who are not aware of domestic violence. Basically, in village areas, so many women are suffering from domestic violence, but they can't know the proper way to get help for domestic violence and they also don't know about their rights. We have to educate them about their rights and raise awareness.
     
  • Speak out against Domestic violence:
    If any person sees or hears about domestic violence, they have to stand against it and speak against it, and if possible try to save the victim from domestic violence. Most of the time, we people know that things are wrong but we don't have the courage to say anything or do anything about it and stand against the wrong thing. This conception encourages the wrong person to do wrong acts because they know that nobody can raise their voice against them.
     
  • Support the organizations those who are working to protect women from domestic violence:
    We have to give our time and support to the organizations that work for women's rights. We have to donate money, skills, and connections that help the organization to protect the rights of women and save them from domestic violence.

Here are some government helpline numbers for domestic violence in India:
  • National Domestic Violence Helpline: 1800-112-3398
  • National Commission for Women Helpline: 1800-112-0063
  • Department of Women and Child Development Helpline: 1800-112-0089
Here are some organizations that are working to address domestic violence in India:
  • All India Women's Conference (AIWC): http://www.aiwc.org.in/
  • Sneha: http://snehamumbai.org/
  • One-Stop Crisis Centre at KEM Hospital: 022-24100511
  • Jagori: 011-26692700, 8800996640
  • Saarthak: 011-26853846/26524061
  • Nari Raksha Samiti: 011-23973949

Conclusion
There are many laws, acts, and organizations to fight against this brutal disease of our society which is breaking our society day by day. Despite of all the laws, acts, and protective human rights, this problem is raising its head as a major disease. Viewing the reports of the court cases of the last few years we can come to the conclusion that making laws, having acts for human rights or having many organizations to fight against the problem called "Domestic violence" is not enough.

We need more high of these, that is only and only awareness among the people,or we can say about the social and personal awareness about the different laws and acts for this, proper knowledge and after all of these, proper education is much more important for each people despite of sex, caste, creed, colour and religion to overcome this cancer like disease of the society.

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