Domestic violence in India has long been a pervasive issue despite a robust
legal framework aimed at its mitigation. The occurrence of domestic violence
against women in India constitutes a complex issue deeply embedded in
historical, cultural, and socio-economic dynamics. It is not merely an issue of
individual relationships but a deep-rooted societal challenge and a systemic
failure that obstructs the nation's progress towards achieving gender equality.
It is a widespread concern impacting women across a spectrum of socio-economic
strata, communities and geographical regions.
Despite advancements in legal
instruments, factors such as prevailing social norms, cultural stigma, and
systemic barriers continue to undermine comprehensive efforts to address
domestic violence in a holistic manner. This article explores the multifaceted
dimensions of domestic violence against women in India by critically analysing
its root causes that prevent efficient grievance resolution and delves into the
intricate aspects of this issue while investigating effective strategies for
combating this persistent issue.
It calls attention to the necessity of a
balanced and complete strategy to eliminate domestic violence, prioritizing
education, financial empowerment, and social reformation at the core of
progress. With a spotlight on effective legal policies, education centered
campaigns and participatory community initiatives the article seeks for
actionable change to uphold women's rights and foster a culture of dignity and
respect in every aspect of life.
Introduction
Often seen as a silent epidemic, domestic violence casts a grim cloud over
India's pursuit of achieving gender equality and societal advancement. It
encompasses a wide spectrum of abusive actions such as physical violence,
emotional exploitation, sexual abuse and financial deprivation, that deeply
impact a woman's dignity and quality of life and moreover erode a woman's
autonomy.
Domestic violence is a severe infringement of human rights that has
been firmly entrenched in the cultural framework of Indian society for decades.
Women residing in rural and urban areas face this harrowing reality. While urban
areas showcase higher reporting rates thanks to improved legal infrastructure
and greater awareness, rural areas persist under the dominance of patriarchal
norms, making it nearly impossible for women to leave abusive environments.
The Extent of Domestic Violence in India
The prevalence of domestic violence against women in India continues to raise
alarm. Urban and rural areas exhibit different characteristics of domestic
violence. In rural regions, women frequently encounter extreme violence, driven
by patriarchal ideologies, a lack of education, and poor access to help.
Conversely, urban women though more empowered educationally and financially
self-reliant are subjected to domestic abuse, often in the form of emotional and
economic exploitation. Financial strain, marital conflicts, and substance
addiction are common triggers of violence across both spheres.
The National Family Health Survey (NFHS-5) uncovers critical data on the
troubling realities of domestic violence in India. It shows that approximately
30% of women aged 15-49 have suffered physical violence, around 6% have faced
sexual violence, and 32% of married women report spousal violence in physical,
sexual, or emotional forms. Among pregnant women between 18-49 years of age,
3.1% have reported facing physical violence during their pregnancy.
These
statistics represent just the reported incidents, countless other cases go
unreported to the authorities and never find their way to law enforcement. Women
hesitate to raise their voice due to factors such as rigid societal norms,
stigma of victim blaming, fear of public shaming and the fear of judgment often
prevents women from speaking out.
Regional Disparities in Domestic Violence
The occurrence of domestic violence shows significant geographic variation
across various parts of India. The statistics reveal shocking levels of domestic
violence in states of Manipur (53%), Bihar (40%), Rajasthan (37%), and Madhya
Pradesh (36%), as these states report alarmingly high rates of domestic
violence. On the other hand, states of Himachal Pradesh (6%), Goa (9%), and
Kerala (9%) record significantly lower figures, though the issue of
underreporting could skew the data. These regional disparities are shaped by
cultural traditions, literacy rates, economic gaps, and the performance of local
law enforcement.
Financial reliance on abusive husbands makes it difficult for married women with
children trying to leave. Women in financially weaker strata are
disproportionately affected, as their lack of financial autonomy leaves them
vulnerable, forcing them to endure abusive relationships. A lack of formal
education makes women more vulnerable to violence than women who have achieved
higher educational milestones.
Dimensions of Domestic Violence in India
Domestic violence is a deeply complex and multi-layered problem, that unfolds in
multiple forms, each tied to unique dynamics, triggers, and repercussions.
Below, we analyse the significant dimensions in India:
- Physical Violence: The most prominent and broadly recognized form
of domestic violence is physical abuse, involving violent actions like
hitting, kicking, slapping, punching, choking, pushing, dragging or
attacking with objects or inflicting harm with weapons. Root Triggers
involve coercion for dowry, disputes over economic control, outbursts of
male aggression, societal pressures demanding women to adhere to submissive
and subordinate roles. Physical violence imprints dual-edged trauma, and the
aftermath resonates deeply, affecting not only the victim's physical health
but also disrupting the victim's emotional stability and sense of security.
- Emotional and Psychological Violence: Emotional and psychological
abuse, though invisible, leaves destructive impact on the victim's
well-being and it operates in silence, eroding a victim's sense of
self-worth and inner peace. It acts as an unseen force, and its
repercussions are equally devastating. The physical wounds of domestic
violence may fade with time, but the mental trauma continue to haunt the
victim, leaving an indelible and lasting effect on the victim's psyche,
which continues to affect the victim's life profoundly.
This dimension of abuse involves degrading the victim with relentless
humiliation, instilling fear through threats, and enforced disconnection
from family and friends to exert control over the victim. Struggles with
mental health like chronic depression, severe anxiety, shattered
self-confidence, post-traumatic stress (such as flashbacks, intrusive
thoughts, and nightmares), dependency on drugs or alcohol can lead to
suicidal tendencies, social detachment, and distort a person's view of the
world.
- Sexual Violence: Sexual violence in the context of marriage,
frequently normalized in Indian culture forms a critical yet often
overlooked aspect of domestic violence. While domestic violence is
widespread, cultural stigmas and societal taboos, often deter victims from
taking action or speaking out. According to the National Family Health
Survey-5, nearly 6% of women in India been victims of sexual violence and
only few women have found the courage to address the issue or speak out
about it.
Types of sexual violence include marital rape, forced sexual interactions,
and instances of sexual harassment. The absence of definitive legal
provisions criminalizing marital rape in India continues to fuel significant
legal challenges surrounding sexual violence. Sexual violence can lead to a
range of devastating consequences for survivors including severe emotional
trauma, the risk of unwanted pregnancies, and the looming threat of sexually
transmitted diseases.
- Economic violence: One of the most destructive forms of violence
in India is economic abuse, often trapping women in abusive relationships by
denying them financial independence and leaving women helpless by
restricting their access to essential financial resources. Economic abuse
restricts a woman's financial empowerment and preventing a woman from
pursuing her educational and career aspirations by obstructing her access to
money. This type of violence denies financial autonomy to women, hindering
their growth process and curbing opportunities.
Key indicators of economic violence include forcing women to surrender their
earnings, blocking a woman's access to shared household finances, depriving
her of money for basic sustenance such as food and healthcare, compelling
women to give up their hard-earned salary. The grip of economic abuse
immobilizes women, rendering it nearly unfeasible for women to break free
from abusive environments. In Indian society where women's workforce
engagement is limited to 32% data from National Family Health Survey
(NFHS-5), the prevalence of economic violence often goes unnoticed and
quietly reinforces gender disparities.
- Dowry-Related Violence: Rooted in the tradition of dowry
exchange, Dowry-related violence poses as a serious issue. This form of
violence is deeply ingrained in Indian culture, particularly in rural
regions where the practice of giving and receiving dowries remains
widespread. Despite its legal prohibition under the Dowry Prohibition Act,
1961, dowry related abuse continues to thrive, revealing the society's
enduring resistance to evolution, especially in rural India and among
certain cultural groups.
Statistics from the National Crime Records Bureau (NCRB), highlights a harsh reality as it reveals a shocking
figure of over 6,000 dowry deaths, recorded annually across India. Dowry-related
violence is a heinous practice which involves a range of abuses, such as
physical assault, verbal harassment, brutal torture, and fatal acts of violence,
the killing of women. Dowry remains a deep-seated tradition in India, portraying
women as financial liabilities rather than individuals of equal worth.
Legal Framework to Address Domestic Violence
India has introduced multiple important laws, that offer protective and remedial
provisions for women experiencing harm. The influence of patriarchal norms
ensured male dominance, pushed women to "adjust" and "compromise", also
demanding women to suppress grievances to ensure the preservation of family
honour and societal image. Legal reforms have not been enough to eradicate
domestic violence and it continues to be a persistent issue in India due to
societal perceptions, ineffective enforcement of laws and low levels of public
awareness.
These provisions aim to protect women from harm, punishing the
guilty, and provide essential aid to the victims. The key legal stipulations
include the Dowry Prohibition Act, 1961, the Protection of Women from Domestic
Violence Act (PWDVA), 2005, and Section 498A of the Indian Penal Code (IPC).
- Protection of Women from Domestic Violence Act (PWDVA), 2005
The Protection of Women from Domestic Violence Act (PWDVA) of 2005 stands as a
transformative law in India, focused on empowering women and protecting women
from domestic abuse. The PWDVA provides a comprehensive definition of domestic
violence covering a wide range of abuses such as physical, emotional,
psychological, sexual, and economic abuse. This Act empowers women to seek
protection orders, which prevent the abuser from entering their home or
workplace. The act also provides for emergency interim orders, to protect
victims.
The law guarantees that women victims of domestic violence are not
compelled to leave their home, as the PWDVA enables them to remain in their
marital home regardless of the abuser's ownership of the house and it prevents
eviction by the abuser. Under the PWDVA, the court can order monetary relief to
the victim for compensation for physical or mental harm, medical bills, and loss
of income. It can also ensure maintenance for children or dependents.
However, the implementation of the PWDVA is inconsistent, often hindered by
issues like underreporting of cases, limited awareness, and delayed justice.
- The Indian Penal Code (IPC), 1983
In 1983, Section 498A was added to the Indian Penal Code to curb marital
cruelty, making it a punishable offense for a husband or his relatives to
inflict mental or physical harm on a married woman with a particular emphasis on
dowry-related harassment. This section was enacted to prevent cruelty to women
within marriages, especially in cases involving dowry demands. The law
prescribes imprisonment of up to three years and fine for cruelty toward women.
However, there is ongoing debate over its misuse, as it is sometimes used as a
tool by women to exploit personal issues or harass in-laws.
Section 498A has played a pivotal role in drawing attention to domestic violence
cases, but misuse of the law and delays in the legal process have diminished its
efficacy.
- Dowry Prohibition Act, 1961
The Dowry Prohibition Act prohibits and penalizes the practice of giving or
receiving dowry in any form. The law focuses on eradicating domestic violence
arising from dowry demands and moreover it aims to protect women from
dowry-induced domestic cruelty. The legislation clearly bans dowry transactions
including demand, acceptance, or payment. Under the legal framework of this Act,
offenders are liable for punishment, including imprisonment of up to five years
and the payment of fine.
Despite the enactment of the Dowry Prohibition Act, cultural rigidity and
systemic norms which accepts dowry fuels violence against women.
Combating Domestic Violence: The Way Forward
The pathway to transformative change lies in a combination of legal measures,
educational advancement, and cultural evolution.
- Strengthening Judicial Pathways: The establishment of fast-track courts will facilitate swift justice for victims of domestic violence and alleviate delays in the judicial process. Regular training for police officers and protection officers is vital for better handling of domestic violence cases sensitively and efficiently. Strong monitoring frameworks for laws like the PWDVA are essential in order to ensure efficient execution and accountability.
- Achieving Economic Freedom for Women: Vocational training and job creation initiatives create pathways for women to attain financial autonomy and social strength and moreover reduce women's financial dependence. Education for girls serves as a powerful weapon to disrupt the legacy of abuse, achieve independence and paving the way for self-sufficient, empowered lives.
- Promoting Awareness and Changing Societal Perceptions: Engaging communities through education campaigns can help dismantle patriarchal mindsets and weaken societal tolerance for domestic violence. The media holds the power to transform perspectives on domestic violence, by empowering victims with knowledge of their rights, by amplifying legal remedies, and by encouraging victims to seek support and justice. The media's influence can challenge domestic violence, equip victims with critical legal tools, and drives a collective societal stance against abuse.
- Support for Victims: Providing comprehensive victim assistance by establishing One Stop Centres and helplines in every district across India. Increasing budget allocations for NGOs and safe homes to ensure effective care for domestic violence survivors and improve victim support services. Establishing long-term counselling services and rehabilitation frameworks for survivors to overcome trauma.
Institutional Mechanisms to Combat Domestic Violence in India
India addresses domestic violence through an intricate legislative framework,
supportive institutions, and dedicated organizations. These institutions aim to
ensure justice, protect and uplift victims.
-
National and State Commissions for Women:
The National Commission for Women (NCW), formed in 1992, has been functioning as a crucial body for addressing women's complaints, including those cases related to domestic violence. The NCW focuses on:
- Investigating domestic abuse complaints
- Suggesting policy enhancements
- Running educational initiatives for women's rights
- Offering victim counselling
The NCW's critical mission is to uphold women's rights and to serve as a cornerstone in protecting women's rights and securing their right to justice. At the state level, SCWs serve as key institutions tackling issues unique to their respective regions.
-
One Stop Centers (OSCs):
Under the One Stop Centre Scheme the government offers comprehensive support and care for survivors of domestic violence and other forms of gender-based abuse. Functioning under the Ministry of Women and Child Development, OSCs deliver vital assistance in one location.
The facilities provided by OSCs cover:
- Quick access to medical care for injuries and health needs
- Legal support to assist survivors in pursuing justice
- Mental health counselling sessions to deal with emotional trauma
- A secure living environment for women in crisis
OSCs provide significant support to women residing in rural and semi-urban areas to meet their needs for consolidated support services.
-
Women's Helpline:
India has introduced helplines such as 181, operating 24/7 with a view to provide prompt and effective support to women facing domestic violence. By contacting these helplines, victims receive:
- Rapid emergency response via coordination with law enforcement, medical teams, and safe shelters
- Legal guidance and emotional support from trained professionals
Connections to nearby aid services and Protection Officers.
Women facing crises can rely on helplines for rapid assistance in moments of
need, particularly in circumstances where visiting physical support systems is
impractical.
Conclusion
The existence of domestic violence is a stark representation of the gender-based
inequities and discrimination that women confront daily. Women in India are not
simply victims of individual injustices; their suffering is a reflection of the
nation's failure to honour the principles of equality and justice outlined in
the Constitution. The hardships faced by women leave scars on both personal and
societal levels, hindering the collective potential of communities and nations.
Although strides have been made through legal reforms, institutional
advancements, and societal awareness, significant hurdles are still in place.
The eradication of domestic violence requires a collective commitment from
governments, civil society, communities, and individuals working together. The
path forward involves eliminating the root causes of violence, empowering women,
and fostering an environment where equality and respect thrive.
Real transformation requires establishing a culture of equality and respect.
India now stands at a critical moment, where it can either sustain the cycle of
violence or take courageous steps toward a world where every woman can live free
from fear and oppression. By embracing this vision and collaborating, India can
foster a nation where the dignity, rights, and potential of every woman are
fully respected, acknowledged and nurtured.
References:
- People's Archive of Rural India
- The Conversation: In-depth analysis, research, news, and ideas from leading academics and researchers.
- Equality Now - We use the law to change the world. Join us.
- Latest News Today: Breaking News and Top Headlines from India, Entertainment, Business, Politics, and Sports | The Indian Express
- www.womensweb.in
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