ABSTRACT
No comprehensive and universal legislative modification has yet been passed, despite the fact that numerous countries have conducted crucial research on the battered women condition in India and throughout the world. The Indian provisions of the I.P.C. on self-defense and grave, unexpected provocation are insufficient. As a result, battered women who attempted to defend themselves against their attackers had a terrible time succeeding.
This article explores recent legislative developments in India with a view to defending battered women and outlining the needs for judicial system reform. The changes that are suggested in this article are influenced by earlier academics who have studied this topic. In addition, the report provides a brief overview of the BWS diagnosis cycle and mental health of battered women syndrome. Many battered women state that the abuser completely controls their physical and mental well-being, and many of them also claim to be the victims of immoral sexual acts. As a form of pressure, this lady gives up custody of their kids. Although domestic violence is not a recent occurrence, abused women frequently receive media attention because they have the distinction of having murdered their attacker before he has killed them. The abuser aims to undermine the trauma victim’s sense of self, identity, and autonomy in addition to instilling terror. However, due to trauma symptoms that have developed, which are frequently accompanied by physical injuries, the battered woman very rarely asks for any help or therapy. This is because of the psychological and physical dominance, domestic captivity, fear of further abusive trauma, and concern for the safety of the children.
KEYWORDS
Battered women syndrome, self -defence, psychological effects, Stockholm Syndrome, child custody.
INTRODUCTION
“At any given moment you have the power to say this is not how the story is to say,” this is not how the story is going to end.” – Christine Mason Miller[1]
Even when they believe their lives are in immediate danger, women often choose to remain in abusive relationships, according to the Battered Spouse Syndrome or Battered Woman Syndrome. The condition known as “battered women syndrome” is a form of post-traumatic stress disorder that develops as a result of persistent, long-term abuse and makes the victim believe that her only options are to stay in the abusive situation or perish. Rather than accentuating a woman’s pathology or mental deficiencies, more modern theories that concentrate on battering and its impacts attempt to explain a woman’s survival strategies based on her acute comprehension of her partner’s violence. Gender prejudices and stereotypes continue to affect how courts treat female defendants, despite courts being more aware of the legal and psychological concerns involved in situations where women kill in retaliation for domestic abuse.
The battered woman syndrome has been utilised in the legal system to bolster the defences of self-defense and duress as proof of a woman’s realistic fear of suffering serious harm or dying. A woman cannot legitimately use fatal action against her abuser until she has been struck severely enough to have an actual fear for her life, according to a rigorous definition of imminence. Therefore, most judges decline to give juries self-defense instruction when a woman kills her batterer while he is defenceless, sleepy, or intoxicated because they believe that her use of force was needless and unjustified.
RESEARCH PROBLEM
The purpose of this study is to assess the significance of the concept of “battered woman syndrome,” which has greatly influenced domestic violence. Women’s violence frequently takes the form of physical abuse or attack on a victim who is being terrorised, dominated, or kept apart from her partner. These women experienced “well-informed helplessness” as a result of their sustained use until they realised there was no way out of the terrible situation. The vicious cycle reinforces the notion that women’s chances of academic success are bleak since they experience bias on a daily basis. The administration refuses to progress its goals to any new person despite promises of isolation because of the prospect of additional cruelty and fear.
Women who have experienced domestic violence may, depending on their mental state, murder someone in retaliation for their batterers, a condition known as “battered woman syndrome.” This social and legal occurrence raises the bar for a battered woman’s weak behaviour in interactions with domestic injustices. It emphasises the present conventions of male-principal and abuse.
OBJECTIVES
- The paper aims to throw light on the legislatures that are made for domestic violence survival especially the battered women syndrome, that associated with and explain the current legislatures with the amendment that are required for the change in society towards battered women syndrome.
- Also, the article identified symptoms or features that abused women faced after killing her husband. The critical analysis of psychological perspective of battered women. The cycle that discussed the women-changing behaviour with passage of time. To understand the plight of battered women article also discussed the self-defence or private defence and grave, sudden provocation.
- This research article studies the child custody of battered women syndrome.
RESEARCH QUESTIONS
- What are the current legal provision for battered women syndrome and the amendment that are required to be made in current legal provisions of Indian penal code?
- How the psychological perspective of society changed for battered women?
- What are the procedures that are followed by court for child custody of battered women syndrome?
HYPOTHESIS
The fundamental thesis is that any impending improvements should be accompanied by a complete revamp of India’s legal system in order to properly safeguard the rights of battered women. It is possible to quickly assess the status of abused women in order to save their lives.
METHODOLOGY
The method here used in the research article is doctrinal type of research methodology. Source of my data collection is secondary data collection and the nature of data comprises of qualitative and quantitative. The universe of data collection is Statistical analysis.
REVIEW OF LITERATURE
1.THE PROSPECTIVE EFFECTS OF MODIFYING EXISTING LAW TO ACCOMMODATE PREEMPTIVE SELF-DEFENSE BY BATTERED WOMEN.
Veinsreideris, Martin E
Examines situations in which the dilution of the imminence requirement in self-defense law that is seen in battered woman syndrome cases can be misappropriated by prisoners in the United States. State statutory treatment of imminence requirement in self-defense; Modification of substantive self-defense law in reaction to battered woman syndrome cases.
2. EDITORIAL: Family Place is not just for battered women
Dallas Morning News, The (TX). 06/14/2017
Domestic violence knows no gender, age, race, color or income level. Until recently, though, male victims of abuse had few places to turn for help.
3. Self defense — or murder? A Philly woman killed her alleged abuser and faces prison
Melamed, Samantha
When victims of battering use self-defense, there are often stereotypes and misconceptions at play.
4. Protecting women children against violence
Igacio R.
Studies suggest that violent behaviour often is caused by an interaction of situational and individual factors. That means that abusers learn violence from family, relatives and society.
1. CURRENT LEGAL FRAMEWORK
[2]From a criminological standpoint, the house is the most hazardous and violent place in the nation, aside from the military and police, which are intrinsically dangerous. The most dangerous place for women in India is at home. Every third woman experiences physical or sexual abuse. While 8.5% of women experience sexual assault, 33.5% of women experience domestic violence. 6.5 rape cases are reported for every 100,000 people in the population, although this does not account for the vast majority of unreported incidents.
The majority of nations have taken gender-sensitive issues seriously by accommodating battered women’s experiences and enacting societal change, but things are a little different in India. It is crucial to understand both the societal context in which domestic abuse occurs and the earlier harm that battered women have experienced while developing BWS as a defence in the Indian context.
The societal environment, where women are told to be meek and obedient and not to resist the abuser, has been greatly shaped through socialisation (Nigam 2016[3]). When judges consider whether a woman’s acts are reasonable, they do so with this emotion in mind.
1.1.ROLE OF BATTERED WOMAN SYNDROME IN THE COURTROOM
Most of the cases have concentrated on the action of the abused (defendant), that is, whether the killing of their spouses had been justifiable or not. This is why it is crucial to understand whether killing the abusive partner would constitute murder or can be used as a legal defence.
The testimony that confirmed the reality of the psychological damage experienced by the abused have now consented to be used as a legal defence under the criminal justice system. The battered women syndrome has been acknowledged in India under the Indian Penal Code 1860 under the private defence Section 100[4] and the exception for murder Section 300[5] for “grace and sudden provocation.”
1.1.1. The Indian doctrine of Private defence
The Indian doctrine of Self-defence adopted from the Latin term “se defendendo” meaning self-defence (or Private defence) and Section 100[6] indicates right of private defence and of the body can extend to causing death. But the case of Battered women will not fall under this exception as private defence can only be exercised when there is a reasonable apprehension of danger and for that battered woman require to prove that apprehension of danger to her body was present that’s the reason, she caused grievous hurt. But mostly battered women unable to prove these requisite conditions and that’s reason a separate provision required for these women so that they can overcome this oppression by male counterpart. In case of Malliga v. State by inspector police[7] a woman was threatened by her husband for murder and one night when he slept, she dropped heavy stone on him. In this case the accused have to prove that she dropped stone in apprehensive danger or threat to her body. Not only this also have to prove that she killed her husband while protecting her psychological self.
1.1.2. Grave and Sudden provocation
The exception for murder is provided by section 300 of the Indian Penal Code[8], i.e., grave and unexpected provocation. It will not be murder but responsible homicide if the defence can show that her action was in response to a serious and unexpected provocation. Due to the unexpected provocation, the perpetrator in this situation lacks self-control. As her suffering has been ongoing anguish for many years rather than a particular accident, the woman in this circumstance is unable to demonstrate that her behaviour was sudden. It is therefore challenging for women to obtain an exception under 300[9].
For the sake of battered women, this provision needs to be amended so that the entire time of abuse may count as provocation where it is established that the accused endured long-term, repetitive physical and psychological abuse. The “continued provocation” principle, which courts have up to now, would be codified in this way.
Lastly, in the case of Amutha v. State[10], the Madra High Court held the BWS for the amendment provision.
The bench held that those wives who their husbands harass opt for suicide and killing their daughters too. So, the court justifies the victim’s action stating that the violence caused by the husband leads to such a decision by the victim. The courts thus didn’t allow professional testimony on BWS.
Recognizing BWS as a legal warning doesn’t lessen the probability of getting women who have killed their victimizers from conviction. And since fewer cases have indicated BWS, courts had to rely on global references to bring it under the purview of available defenses.
Therefore, the legislature should amend the present statutes to include BWS.
1.2.LEGAL ISSUE WITH CHILD CUSTODY BATTERED WOMEN
Insights on child custody cases involving intimate partner violence and child abuse are provided in the book Domestic Violence, Abuse, and Child Custody.
When a mother participates in a child custody dispute, society can jump to the conclusion that she was a bad parent or, worse, that she was a threat to the children. After all, she had to go through a protracted examination process by experts and legal proceedings. However, community systems have let her down in far too many instances of domestic abuse. There is mounting proof that gender bias and stereotypes about battered women in child custody cases are untrue. Ironically, their very efforts to safeguard their kids may increase the likelihood that they would lose custody to a violent partner. Mothers who have been abused have gradually gained more legal protections. For instance, several U.S. states exclude them from requiring mediation or make it simpler for them to get away from an abuser. A legal presumption exists in about 50% of states that an abuser shouldn’t receive exclusive or joint physical custody. The judge must, among other things, take domestic violence in custody into account in the other states.
Despite these advancements, society is still rife with false beliefs and bad habits. Domestic assault accusations, which are frequent in contentious custody battles, are one example of this misunderstanding. Furthermore, contrary to assertions made by fathers’ rights organisations, there is no proof that moms are frequently the ones who make false accusations of domestic violence or child abuse. Contrarily, the evidence demonstrates that fraudulent accusations are uncommon. Many often, domestic violence simply goes unreported, which compounds the risk to moms and their children.
2. BATTERED WOMAN SYNDROME FROM MEDICAL PERSPECTIVE
As a result of repeated assault, victims of domestic violence often exhibit a pattern of behaviour known as “Battered Woman Syndrome.” BWS can result in what some academics refer to as “learned helplessness” or “psychological paralysis,” in which the victim feels so hopeless, defeated, and docile that she thinks she is powerless to escape her abuser. It can occur in cycles. The list below details some potential stages of an abuse cycle:
- Refusal: The cycle begins with denial, in which the victim woman refuses to acknowledge that her spouse tortures or uses domestic violence against her. Women in this stage refuse to recognise the brutality they are going through and shun touch with their families. They won’t acknowledge that there is anything wrong with themselves or their relationship. The abuse may be so subtle that it may not seem hurtful or destructive. Denial has very negative effects, regardless of the source. A victim will not be able to give themselves the support and protection they require until they acknowledge and face the abuse they are suffering.
- Remorse: The following stage of the cycle is when victims of family violence go through intense regret and remorse. They will believe that they are the cause of their abuser’s mistreatment of them. In many instances, the perpetrator will persuade the victim that they must use physical force in order to punish them for their faults. They might employ brutality to convince victims not to behave in a way they find objectionable. Abusers of partners frequently ridicule and belittle their victims. As a result, victims go through depression and low self-esteem. When this occurs, it is simple to persuade the victim that their defects and weaknesses are the source of the abuse.
- Enlightenment: Enlightenment is one of the most significant stages of battered women syndrome. When the abused person realises they are not to fault for the abuse they endured, this occurs. They start to realise that regardless of one’s characteristics, no one should ever be the victim of domestic violence. The fact that the offender disapproves of the victim’s behaviour does not excuse abusing or violently assaulting the victim. The victim can now start to appreciate the need of getting domestic violence assistance. Even though they believe they are with a hazardous person and in a harmful situation, victims continue to live with their abuser. They pledge to keep their marriage together.
2.1. MENTAL HEALTH DIAGNOSIS
Psychological symptoms can make it challenging for some women who have experienced physical, sexual, and psychological abuse to regain control.
Women who have experienced domestic violence have been identified by the mental health community for more than 30 years. It is acknowledged that women are more frequently victims of domestic violence than males, which is a subset of male violence. Women are frequently the more susceptible, both physically and emotionally, even when they struggle with or mistreat one another. Women who defend themselves are frequently found with their assailants.
This likewise implies that male violence is motivated by men’s socialisation to become stronger than women. This process makes it necessary for certain males to misuse their authority and control over women. Women who have been abused cannot be considered survivors until they reclaim control over their life, despite the fact that the word “victim” is not always seen as politically suitable. Female battered syndrome is a psychological condition that some women experience that hinders them fromrecovering control. As demonstrated here, using enabling technology, a precise diagnosis, and the right treatment, mental health experts may assist these traumatised women.
2.2. STOCKHOLM SYNDROME: LEARNED HELPLESSNESS OF BATTERED WOMAN SYNDROME
A psychiatric disease known as Stockholm syndrome develops when an abused person favourably connects and bonds with their abuser. This syndrome was first noted when kidnapped captives developed romantic feelings for their captors in addition to bonding with them. Professionals have broadened the definition of Stockholm syndrome to encompass any connection in which abuse victims form a staunch, devoted bond with their abusers. Spouses or partners who have been abused are a good example of Stockholm syndrome.
Even after a violent assault, they frequently hesitate to report the violence or request a restraining order, and some have even tried to prevent authorities from apprehending their abusers. Long after being severely abused, victims of domestic violence frequently say things like, “I still love him,” even after the relationship has ended.
SUGGESTIONS
The court’s application of BWS is obviously to be applauded, but the cases show that BWS needs to be expressly included in the Indian Penal Code. This would be a practical way to allow the courts to assist abusive women without violating the legal system. Contrary to provocation and self-defense, which are only applicable to the batterer for purposeful acts done, the BWS’ stated inclusion in the statute would make it possible for abused victims to invoke the defence against other persons. It would be appropriate to add a new type of defences for battered women who display specific psychiatric symptoms typical of a BWS afflicted woman. These defences might apply to all crimes against the body in general or might just apply in the instance of murder. These would lessen the high burden of proof in cases of murder that the abused woman would have to satisfy in cases of private defence or provocation. It would be appropriate to add a new type of defences for battered women who display specific psychiatric symptoms typical of a BWS afflicted woman. These defences might apply to all crimes against the body in general or might just apply in the instance of murder. These would lessen the high burden of proof in cases of murder that the abused woman would have to satisfy in cases of private defence or provocation.
CONCLUSION
Despite being progressive and enlightened, Indian law has not yet provided a thorough answer to the issue of Battered women syndrome. Today, there is a lot greater understanding of the socio-legal issues that battered women also face. A deeper examination of BWS’s psychological state is necessary. Even still, it appears that the Indian legal system will not be changed to accommodate these women. Violence is never a desired outcome of a fight, so the only way to prevent it is by developing a unique defence system. However, the law of self-defense acknowledges that using violence to protect oneself from an impending attack can occasionally be necessary and justifiable. In cases involving battered women, jury instructions on self-defense are often not allowed by the law because the act does not fit within the legal definition of imminent harm. Advocates for battered women’s protection need to consider the consequences of changes in the law, including an extension of the provocation provision and a judicial review process to ensure fair assessment and prevent adverse outcomes.
Name : Reenal Rawal
Semester : IV
University : Nirma Law University
Course : Bcom. LLB.
[1] Christine Mason Miller, Desire to Inspire (North Light Books, 2011)
[2] Battered Woman Syndrome, July 8, 2009 Lenore E. Walker, EdD, ABPP-CL & Fam Psychiatric Times, Psychiatric Times Vol 26 No 7, Volume 26, Issue 7
[3] Nigam, S. (2016). Battered Women Syndrome: Applying this Legal Doctrine in the Indian Context. Available at SSRN 2819322. [13.] Pathak, A., & Mangal, H. M. (2008)
[4] Indian Penal Code 1860, § 100
[5] Indian Penal Code 1860, § 300
[6] Indian Penal Code 1860, § 100
[7] Malliga v. State by inspector police (2002) SCC567
[8] Indian Penal Code 1860, § 300
[9] Indian Penal Code 1860, § 300
[10] Amutha v. State of Gujrat (2015) SCC168