File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Domestic Violence: Understanding The Complex Dynamics, Impact, And Interventions

Domestic violence is a pervasive and multifaceted social issue that transcends geographical, cultural, and socioeconomic boundaries. This article provides a comprehensive exploration of domestic violence, encompassing its intricate dynamics, far-reaching impact, and diverse intervention strategies.

Drawing on extensive research and empirical evidence, this article delves into the complex dynamics of domestic violence, shedding light on the underlying causes, patterns, and power imbalances that perpetuate abusive relationships. It examines the interplay of psychological, emotional, physical, and economic abuse, emphasizing the need for a holistic understanding of this phenomenon.

Beyond dissecting the dynamics, this research underscores the profound impact of domestic violence on victims, families, and communities. It analyzes the physical and mental health repercussions, economic consequences, and intergenerational cycles of violence that ensue from such abuse. Moreover, the article highlights the societal costs of domestic violence, including strains on healthcare systems and law enforcement agencies.

In addressing this critical issue, the article provides an in-depth review of intervention strategies and support systems. It evaluates the effectiveness of legal measures, shelters, counseling services, and community initiatives in mitigating domestic violence and assisting survivors. Ultimately, this article argues for a holistic and multidisciplinary approach to combat domestic violence, recognizing that effective solutions require collaboration between law enforcement, healthcare professionals, social services, and community organizations.

By synthesizing research findings and practical insights, this article contributes to the ongoing discourse on domestic violence, advocating for a collective effort to create safer, more compassionate communities for all.

Introduction:

Domestic violence is characterized as a violent form of control used by one person against another. It is also described to as using various forms of abuse to establish control and terror in a relationship. Psychological, sexual, financial, or physical abuse are all forms of torture. In addition to being a social problem, this serious violation of human rights puts the victim at risk for social and physical harm.

Domestic violence is violence committed by someone in the victim's domestic circle. This includes partners and ex-partners, immediate family members, other relatives, and family friends. When the offender and the victim have a close relationship, the phrase "domestic violence" is used. It occurs when one partner in a relationship uses threats, mental abuse, manipulation, trying to hurt, injury, or financial abuse to take control of the other.

Domestic abuse, such as domestic violence, takes place in a marriage or cohabitation. It is frequently used as a synonym for intimate partner violence, which occurs when one party in an intimate relationship hurts the other partner. This type of violence can occur in current relationships as well as between ex-spouses or partners. The power differential between them is typical.

The victim is dependent on the offender. Domestic violence can take the form of physical, sexual, or psychological abuse. According to Ganley and Schecter, it is described as a "Pattern of coercive and assaultive behaviors that include physical, sexual verbal and psychological attacks and economic coercion that adult/adolescents used against the intimate partner."

Under Section 498A of the Indian Penal Code, 1860, the judiciary has the authority to punish this grievous offense. If a woman is subjected to cruelty by her husband or a family member of her husband, that person faces up to three years in prison and a fine in addition to their punishment. According to Section 3 of the Protection of Women from Domestic Violence Act of 2005, any act or omission by the Respondent that damages, injures, threatens, or abuses physically, sexually, verbally, or economically constitutes domestic violence.

According to the Federal Department of Health's National Family Health Survey (NFHS-4), one in three women aged 15 and over in India has experienced some form of domestic violence. Also, 31% of married women said they had been physically, sexually or emotionally tortured by their partner. The main concern is that only around 10% of these women reported violence.

Types Of Domestic Violence:

  1. Sexual Violence
  2. Physical Violence
  3. Emotional Violence
  4. Economical Violence

Sexual Violence:
According to the WHO, any sexual act, effort to obtain a sexual act, unwanted sexual comments or approaches, acts to traffic, or other coercive actions directed at a person's sexuality are all considered sexual abuse. Additionally, there are required checks for female genital mutilation and virginity.

Sexual abuse can also happen if a person is verbally coerced into consenting, unable to comprehend the nature or circumstances of the act, unable to deny participation, or unable to express reluctance to engage in the sexual act. These are additional ways that sexual abuse can happen. This could be the result of immaturity in youth, disease, a disability, being under the influence of alcohol or other drugs, or being intimidated or under pressure.

Any act in which a person is coerced into engaging in any unwanted, risky, or degrading sexual behavior is considered sexual violence. It involves berating her, inflicting physical injury on her during sex, and even compelling her to engage in intercourse with a spouse or other close partner with whom she had consensual sex.

Physical Violence:
The use of physical force against a woman to cause bodily harm or injury is referred to as physical violence. Physical assault, criminal intimidation, and criminal force include beating, stomping, punching, leaving the victim in a dangerous situation, intimidating the victim with a weapon, pressuring the victim to leave the marital home, hurting the victim's children, using physical force during sexual encounters, and other methods.

Physical abuse is any behavior that involves physical contact with the intent to inflict fear, pain, harm, or other physical suffering. Physical abuse is used to control the victim in the context of coercive control. Physical violence in a relationship frequently has complicated dynamics. Physical abuse can be the result of other abusive behaviors such as intimidation, manipulation, threats, and restrictions on the victim's right to self-determination through isolation.

Physical abuse might also take the form of withholding medical attention, denying sleep, or requiring forced drug or alcohol use. It might also entail physically harming additional targets, such children or animals, in order to emotionally damage the sufferer.

A woman is more likely to be abused during pregnancy, or ongoing abuse could worsen and have an adverse impact on both the mother and the fetus's health. Domestic violence may stop during pregnancy if the abuser doesn't want to hurt the unborn child. Immediately following childbirth is when pregnant women are most at risk of domestic abuse.

Emotional Violence:
A pattern of behavior that intimidates, threatens, dehumanizes, or systematically lowers self-worth is known as emotional or psychological abuse. The Istanbul Convention defines

psychological violence as "the deliberate act of gravely harming a person's psychological integrity by compulsion or threats." Constant personal devaluation, coercive control, recurrent stonewalling, gaslighting, threats, isolation, public humiliation, minimizing, and continuous criticism are all examples of emotional abuse. The most frequent perpetrators of stalking, a prevalent form of psychological intimidation, are former or current romantic partners.

Not all violent and harmful relationships are abusive ones. Emotional abuse, which harms women just as much as physical assault, is common. It entails calling her outright names, making accusations, isolating her, frightening her, acting in a dictatorial manner, insulting her, or relentlessly criticizing her.

Victims frequently believe their partners have almost complete control over them, which has a significant impact on the power dynamics in a relationship and empowers the abuser while disempowering the victim. Depressed victims are more likely to develop eating disorders, commit suicide, and abuse drugs and alcohol.

Economic Violence:
When one intimate partner has control over the other partner's access to money resources, it is known as economic abuse (or financial abuse). Control is exercised via marital assets. A spouse may be subjected to economic abuse if their partner is prevented from acquiring resources, has their access to resources restricted, or is subjected to abuse in other ways.

Economic abuse reduces the victim's ability to sustain oneself and increases dependence on the abuser, limiting the victim's access to assets, employment opportunities, education, and career advancement. Economic abuse includes coercing a family member to sign legal documents, sell possessions, or alter a will.

Economic violence occurs when a woman's spouse denies her access to enough money to pay for food, clothing, medicine, and other necessities for herself and her children. In addition, it forbids women from holding paid employment.

In addition, restricting her access to shared domestic resources and forcibly evicting her from her house due to unpaid rent, denying her financial resources to which she is legally entitled, are all included in this category. It also entails selling or otherwise disposing of her jewelry, shares, stocks, and other tangible property, whether it is moveable or immovable.

Laws That Deal With Domestic Violence Cases:
Protection Of Women Against Domestic Violence Act, 2005:
To protect women from domestic abuse, the Indian Parliament passed the Protection of Women from Domestic Violence Act 2005. The Indian government and Ministry of Women and Child Development implemented it on October 26, 2006. For the first time in Indian law, a term of "domestic violence" is given in the Act. This definition is comprehensive and covers not just physical violence but also emotional, verbal, sexual, and psychological abuse. It is a civil law that places more emphasis on enforcing protection orders than it does criminal laws.

In contrast to the rules of the Indian Penal Code, the Protection of Women from Domestic Violence Act, of 2005 gives a broader definition of domestic violence in terms of what it covers and who it protects. According to the Act, "any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to domestic abuse by the respondent" is considered the aggrieved person. Women who live in the same home as people they are in a domestic relationship with are also protected under this law from violence committed against them.

This safeguards women from abuse in marriage-based relationships (e.g., husband-wife, daughter-in-law relationships with father-in-law/mother-in-law, and others), blood-based relationships (e.g., father-daughter, sister-brother), adoption-based relationships (e.g., adopted daughter-father), and even marriage-based relationships (ex: live-in relationships, legally invalid marriages). This Act was regarded as the first piece of law that gave nonmarital partnerships legal recognition and protection.

According to Section 3 of the Act, "any act, omission, action, or conduct by the responder shall constitute domestic violence in the following circumstances:
  1. Harms, injures, or endangers the aggrieved person's health, safety, life, limb, or wellbeing, whether mental or physical, or tends to do so, including by inflicting physical, sexual, verbal, emotional, or economic abuse; or
  2. Harasses, harms, injures, or endangers the aggrieved person to coerce her or any other person related to her to meet any unlawful demand for any dowry, other property; or
  3. Having the effect of endangering the offended party or any of her family members by engaging in any of the behavior described in clauses (a) or (b).
     
The Act encompasses and specifies various types of violence, including economic abuse, sexual assault, and verbal and emotional abuse.

The Dowry Prohibition Act, 1961:
The giving and receiving of dowry is punishable under this penal statute. The dowry system is prohibited by the Dowry Prohibition Act of 1961. A person who offers, accepts, or even requests dowry may face a fine of up to 5,000 rupees or a half-year in prison (i.e., 6 months).

Penalization for dowry transactions Section 3 states that anyone who offers, takes, or aids in the giving or taking of dowry after the Act's implementation will be punished with a period of imprisonment of at least five years and a fine of at least Rs. 15,000 or the amount of the dowry, whichever is greater.

Section 4 states that anyone who directly or indirectly asks the parents, guardians, or relatives of the bride or the bridegroom for money would be penalized with a minimum of six months in jail and a maximum of two years in prison as well as a fine that could reach ten thousand rupees.

In the case of Bhoora Singh v. State of Uttar Pradesh,[1] the court found that the deceased had sent a letter to her father before being set on fire by her in-laws, complaining about being mistreated, harassed, and threatened with terrible repercussions for not paying the demanded dowry. As a result, the section 4 offense of dowry demand had been committed.

Indian Penal Code, 1860:
  1. Dowry Death (section 304 B)
    If it can be proven that a woman was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry shortly before her death, such death shall be called "dowry death," and such husband or relatives shall be deemed to have caused her death. Such deaths shall occur within seven years of a woman's marriage and shall be referred to as "dowry deaths."

    Anyone who commits dowry death will be punished with a sentence of imprisonment that must not be less than seven years but may go as long as life imprisonment.
     
  2. Husband or relative of husband subjecting women to cruelty (section 498-A)

Whoever, being the husband or the relatives of the husband of a woman, subject such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

It also includes any intentional acts against a woman that drive her to kill herself or endanger her life, limb, or general wellbeing. Health here includes both a woman's bodily and mental well-being.

Effects Of Domestic Violence:
  1. Physical
  2. HIV/AIDS
  3. Psychological
  4. Financial
  5. On Children

Physical
Some of the immediate consequences of a domestic violence incident that necessitate medical attention and hospitalization include bruises, broken bones, head injuries, lacerations, and internal bleeding. Arthritis, irritable bowel syndrome, pelvic pain, chronic pain, ulcers, and migraines are a few chronic health conditions that have been connected to victims of domestic violence. Pregnant victims who are in a domestic violence relationship have a higher risk of miscarriage, preterm labor, and fetal harm or death.

HIV/AIDS:
According to the WHO, women who are in abusive relationships are far more likely to contract HIV or AIDS. According to the WHO, women in abusive relationships struggle to negotiate safer sex with their partners, are frequently coerced into having sex, and find it challenging to request the proper tests when they suspect they may be HIV positive. Women who have suffered partner violence are more likely to contract HIV, according to a decade's worth of cross-sectional study from Rwanda, Tanzania, South Africa, and India.

Psychological:
High levels of tension, dread, and anxiety are frequently reported by victims who are still housed with their assailants. Depression is also commonplace since victims frequently endure harsh criticism and are made to feel guilty for "causing" the abuse. According to reports, 60% of victims, either during or after the relationship ended, fulfil the diagnostic criteria for depression or have a significantly elevated risk of suicide.

People who have been physically or emotionally abused frequently experience depression due to a sense of worthlessness. Due to the increased risk of suicide and other traumatic symptoms, it is advised that many people who experience these feelings seek counseling.

Domestic abuse victims frequently feel long-term anxiety and panic in addition to sadness, and they are likely to fit the diagnostic criteria for generalized anxiety disorder and panic disorder. The psychological impact of domestic violence that is most frequently mentioned is PTSD, which is characterized by nightmares, intrusive imagery, flashbacks, and an enhanced startle response.

Financial:
When victims finally escape their abusers, they may be shocked to realize just how much autonomy the violence has robbed them of. The victim typically has very little money of their own and few individuals on whom they can rely when seeking help because of economic abuse and isolation. This has been demonstrated to be one of the biggest challenges faced by victims of domestic violence and the most powerful deterrent to separating from their abusers.

On Children:
There has been an increase in recognition of the developmental and psychological harm that domestic abuse exposure can do to children. The Adverse Childhood Experiences Study, conducted in the middle of the 1990s, discovered that children who experienced domestic abuse and other forms of abuse were more likely to experience difficulties with their mental and physical health. The awareness of domestic abuse that some children experience has an effect on the child's emotional, social, behavioral, and cognitive development in general.

Domestic abuse can cause a variety of emotional and behavioral issues, including an increase in aggression, anxiety, and modifications in how a kid interacts with peers, family, and adults. Traumatic events can lead to depression, emotional instability, and mental health disorders. Along with a deficiency in abilities like problem-solving, issues with attitude and cognition can start to emerge in schools.

Landmark Domestic Violence Cases In India:
Inder Raj Malik V. Sunita Malik, (1986):[2]


Facts of the case:
Sunita Malik, the complainant in this instance, was wed to Inder Raj Mailk, the respondent. After their marriage, the complainant Sunita was maltreated, malnourished, and mistreated by her husband and in-laws, especially during festivals, in order to obtain more and more money and items.

She was once subjected to severe physical and mental abuse in her marital house to the point of fainting, but no doctor was summoned for a checkup.

If Sunita Malik didn't force her parents to sell their land in Hauz Qazi, her mother and brother-in-law threatened to kill her and abduct her. As a result, it was determined that the complainant, Sunita Mailk, had endured terrible treatment from her husband and in laws, including physical torture. To coerce Sunita Malik or anyone connected to her into fulfilling an unlawful obligation for both moveable and immovable property, harassment was used.

Issues involved in the case:
  • Are the provisions of Article 20(2) of the Indian Constitution's Double Jeopardy clause applicable to Section 498A of the Indian Penal Code from 1860 and Section 4 of the Dowry Prohibition Act from 1961?
  • Does the Indian Penal Code, 1860's Section 498A violate the law?

Judgment was given by the Court:
The Delhi High Court had to determine in this case whether a defendant may be found guilty under both Section 4 of the Dowry Prohibition Act and Section 498A of the Indian Penal Code. The Court determined that a person is not subject to double jeopardy if they are found guilty under both Section 4 of the Dowry Prohibition Act of 1956 and Section 498A of the IPC.

The Court determined that Section 498A, IPC, and Section 4 of the Dowry Prohibition Act are separate laws since Section 4 of the Dowry Prohibition Act only punishes acts of cruelty committed against newlywed women, whereas Section 498A also punishes the mere demand of dowry. This leads one to the conclusion that a person could be charged with a crime under Section 4 of the Dowry Prohibition Act as well as Section 498A of the Indian Penal Code.

Hiralal P. Harsora And Ors V. Kusum Narottamdas Harsora And Ors, (2016):[3]
Facts of the case:
The plaintiffs in this case were a mother-daughter team named Pushpa Narottam Harsora and Kusum Narottam Harsora. They made a complaint saying that domestic abuse was committed by Pradeep (son/brother), his wife, and her two sisters. Since a complaint may only be made against a "adult male" in accordance with Section 2(q), the Respondents requested that the Metropolitan Magistrate free Pradeep's wife and two sisters/daughters. Application from the Respondents was turned down.

The definitions under Sections 2(a), 2(f), and 2(s) of the Protection of Women from Domestic Violence Act shall be taken into consideration when reading Section 2(q) of the aforementioned Act, the Bombay High Court concluded. In essence, this ensured that both the "adult male member" and female family members may be the subject of a complaint.

However, a domestic abuse complaint cannot be made exclusively against the female household members. Male adult must be a co-respondent. As a result, the Court did not define "adult male person" further. The mother and daughter team then petitioned the Supreme Court for a writ.

Issues involved in the case:
  • Whether females can be liable under the Domestic Violence Act, 2005?
Judgement was given by the Court:
The adult man was eliminated from the definition of "Respondent" by the Supreme Court, who ruled that it was not based on any discernible distinction that had anything to do with the goal that was being pursued. In the same case, the Supreme Court made it clear that women and children are among those who may file claims for relief under the Domestic Violence Act.

The phrase "adult male person" in Section 2(q) cannot be used to limit the word "Respondent" in Section 2(q) or those who can be considered perpetrators of violence against women/against whom remedies under the Domestic Violence Act are enforceable. As a result, even against female members and minors, the Domestic Violence Act's remedies are available.

Arnesh Kumar v/s The State Of Bihar & Anr, 2014:[4]
Facts of the case:
Arnesh Kumar (Appellant) and Sweta Kiran (Respondent) were married on July 1, 2007, and this is their case. Sweta Kiran said in court that her in-laws demanded Rs. 8 lakhs, a Maruti car, an air conditioner, a television, and other stuff, and that when Arnesh Kumar learned of this, he supported his mother and threatened to marry someone else.

She further asserted that because the dowry demand was not satisfied, she was kicked out of her marital home. Arnesh Kumar denied the allegations and requested anticipatory bail, however both the learned Sessions Judge and the High Court rejected his request. As a result, Arnesh Kumar petitioned the Supreme Court for special leave.

Issues involved in the case:
  • If a person is suspected of committing a cognizable offense, must a police officer arrest in response to a complaint?
  • What remedies are offered to a person if a woman takes advantage of section 498A of the IPC?

Should the Appellant be given anticipatory bail?
Judgment was given by the Court:
The appellant was given conditional interim discharge by the Supreme Court. The Apex Court stated that Section 498A is a cognizable and non-bailable offense, earning it a dubious place of pride among the rules that are utilized more as weapons than as a form of protection by irate wives. The easiest way to harass is to use this clause to have the spouse and his family jailed. 1,97,762 persons were detained in India in 2012 for breaking Section 498A of the IPC, as reported in the "Crime in India 2012 Statistics."

In cases covered by Section 498 A of the IPC, the charge-sheeting rate might reach 93.6%, although the conviction rate is only 15%. This information unequivocally shows how this component has been misused. The easiest way to stop harassment is to use this clause to imprison the spouse and his relatives. The Apex Court gave some necessary instructions for Police to follow before holding a person to deter unjustified arrests of the accused.

Conclusion:
A very promising piece of legislation that combines civil and criminal penalties to provide effective remedies to women who become victims of domestic abuse is the Domestic Violence Act, 2005 and the provisions of the Indian Penal Code, 1860. The law, among other things, contains provisions for protection officers, medical facilities, and no-cost orders to help wronged women defend themselves and their loved ones.

The Act is not without problems, though. It is obvious that the Act's implementation has to be improved. In particular, if the person who has been wronged comes from a low-income or socially disadvantaged area, officers commonly fail to file an Initial Information Report (FIR), which is the first step in starting a police investigation.

It is also true that the Domestic Violence Act has not adequately addressed the problems that both men and women face in relation to domestic violence, and that the law is usually implemented incorrectly when it is. In order to prevent domestic violence from creating fear in the hearts of innocent people, as most men do, and from providing the other gender a tool for extortion, society needs more gender-neutral laws that treat men and women equally in these situations.

This Act initially seems to be biased against women. To prevent abuse, advance gender equality, and provide just justice, the Domestic Violence Act should be revised to include more gender-neutral provisions.

End-Notes:
  1. Bhoora Singh v. State of U.P. on 12 July 1991, 1992 CriLj 2294
  2. Inder Raj Malik And Ors. v. Sunita Malik on 30 January 1986 CriLJ 1510, 1986 (2) Crimes 435, 1986 RLR 220
  3. Hiralal P. Harsora & Ors. v. Kusum Narottamdas Harsora And Ors., Appeal No. 10084 0f 2016
  4. Arnesh Kumar v. The State of Bihar &Anr. (2014) 8 SCC 273

Law Article in India

You May Like

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly