Abstract
The main social issue that has caught the sight of millions of people in India is Domestic Violence. They are the issues that become headlines and are the most prevalent topic today. There is no definition of Domestic Violence, but it can be understood as the harsh, rough, and brutal behavior that can be done against any of the partners by the other or their family, friends, or relatives. It is a relationship in which either of the spouses tries to be superior to the other. Violence can be mental or physical, but both adversely impact women. Domestic Violence is a social evil that should be ended from the roots.
This research paper aims to show that after so many years of independence and the growth of the world towards technology, it is still a big issue, with women being the largest suffers from it. This study tells about the various problems women suffer as a victim of Domestic Violence that are not limited to bodily injuries but also comprise mental and emotional trauma and pain. Domestic violence’s effects are long-term, and even though the bodily injury recovers, the mental and emotional healing takes time. This study focuses on evaluating and examining the problem of domestic violence precisely.
Keywords: – Domestic Violence, victim, awareness, mental abuse, physical violence
Introduction
Domestic Violence means to forcefully establish control by one individual over the other. It can also be termed as to establish control and terror in a relationship through various forms and the most common form is by physical abuse that is by slapping, arm twisting, beating, kicking, threats with objects, strangling. It can also involve forceful sexual intercourse. Domestic Violence can be of many types, it can be in the form of physical force that is by assault and battery, intimidating by means of an object, it can be emotional violence too. Even emotional violence is also as harmful as physical violence. It involves loud calling of name, asking question by means of loud pitch, insulting the other person and criticizing them.
According to the World Health Organisation (WHO), one out of every three women on the face of the planet will, at some point in her life, be the victim of domestic abuse. This is a statistic that applies to all women, regardless of where they live. This figure is derived from estimations provided by the WHO regarding the frequency with which women are victims of violence in their own homes. According to the findings of research that has been conducted on the subject, it has been discovered that women who are the victims of domestic violence might have significant negative repercussions on their bodies, minds, and emotions. On a bodily level, the implications could lead to a range of undesirable outcomes, such as damage, prolonged discomfort, or even lifelong incapacity. These are only some of the potential outcomes.
Effects of Domestic Violence
Intimate partner violence has been linked to a variety of mental and emotional diseases, the most common of which are anxiety, depression, post-traumatic stress disorder (PTSD), and low self- esteem. These are only some of the conditions that can result from intimate partner violence. These challenges may have been brought on in the past by previous experiences of exposure to domestic violence. In addition, women who have been the victims of domestic violence may have a more difficult time obtaining medical treatment, completing their schooling, or holding their jobs. This may be because of the stigma that surrounds victims of domestic violence. This could be due to the stigma that is associated with people who have been victims of domestic violence.
In recent years, a number of studies have been conducted on the topic of how being a victim of domestic violence affects the social interactions that a woman has with her contemporaries. These studies have focused on how a woman’s social life is impacted when she is a victim of domestic abuse. These studies investigated how a woman’s experience of domestic violence may drive her to withdraw from her previous network of friends and acquaintances. Women who are the victims of domestic violence face the danger of being economically reliant on their abusers as well as socially isolated due to the fact that they may lose connection with friends and members of their own family. In addition, women who are the victims of domestic violence run the risk of becoming economically dependent on their abusers. Because of this double whammy, it may be exceedingly challenging for these women to break free from their violent relationships. In addition to this, there is a chance that these women will become socially isolated as a consequence of the fact that they may lose contact with members of their own family as well as friends. This is a possibility because of the fact that they may lose communication with members of their own family. Domestic violence can also seriously impair a woman’s ability to be a good parent, which increases the possibility that the women’s children will also be negatively impacted by the implications that domestic violence has on their mothers. In addition, women’s capacity to be effective parents can be severely impaired by domestic violence.
Types of Domestic Violence
In sexual violence, any act in which a woman is compelled into any unwanted, possibly dangerous, or dishonorable sexual behavior is classified as an instance of sexual violence, which is a sort of physical force that is known as “sexual violence.” This kind of behavior can qualify as sexual assault in some contexts. It includes calling her names that are insulting, harming her by using things and weapons while they are having sex together, and even forcing her to have sex against her will by a spouse or intimate partner with whom she has previously consented to having sexual intercourse.
In physical violence, the use of physical force against a woman with the intention of causing her bodily discomfort or injury is an example of the sort of behavior that is referred to as physical violence. This type of behavior falls within the broader category of interpersonal violence. Physical assault, criminal intimidation (threaten to cause harm), and criminal force (use force against a person to injure him or her) in the form of beating, stomping, punching, abandoning the aggrieved party in a dangerous place, using weapons to intimidate her, pressing her to leave her matrimonial home, injuring her children, and using physical force in sexual situations, and so on, are all examples of criminal assault.
In emotional violence, relationships can be considered abusive in a number of different ways, not all of them entail physical or verbal abuse or end in injury to the victim. Emotional violence, which can be just as devastating as physical assault, is inflicted on a sizeable number of women and can do them serious pain. It may involve yelling insults at her, accusing her of wrongdoing, isolating her, threatening her, exhibiting dominant conduct, frightening her, insulting her, condemning her constantly, or calling her names in front of other people.
The term economic violence refers to a scenario in which a woman’s partner does not offer her with a sufficient quantity of money to meet her fundamental requirements as well as the fundamental requirements of her children. This can be considered abusive to both the mother and her children. The fulfilment of these core needs involves acquiring things like food, clothing, and medicine. In addition to this, it entails limiting the number of paid employment possibilities available to women. In addition to that, the actions that are included in this category are those that include forcibly evicting her from her house by failing to pay her rent, denying her access to shared domestic resources or financial resources to which she is entitled under any custom or law, and forcibly evicting her from her home. In addition to that, this category also includes the actions that include forcibly evicting her from her house by failing to pay her rent. In addition to this, it is required for her to sell or otherwise dispose of any of her assets, including her jewels, stocks, shares, and any other goods in which she has a financial position. This includes selling or otherwise disposing of any assets in which she has a financial stake.
There are a lot of landmark cases that deal with domestic violence. One of the most popular case is of Inder Raj Malik V Sunita Malik[1], in this case the respondent Sunita was beaten by her husband, made to starve and was even abused by her husband as well as her in-laws. This case involved the taking of dowry by her in-laws and in order to obtain more dowry she was treated mercilessly by her husband and her in-laws. In this case, the Delhi High Court held that a person can be held liable under Section 498A of Indian Penal Code read with Section 4 of Dowry Prohibition Act.
Most of the time people fear from even filling a complaint for Domestic Violence as they think what will the society think about them and how will they lead their future lives without facing societal discrimination. In today’s era, a lot of steps are undertaken to address this social evil of Domestic Violence. The Government has taken a lot of steps to obliterate this social evil. In India, Domestic Violence is covered under the Protection of Women from Domestic Violence Act, 2005 under which Section 3 deals with the definition of Domestic Violence contains in Chapter II. The objective of this Act is to recognize and direct that any act of Domestic Violence is punishable and unlawful by law. To protect the victims of Domestic Violence and to grant justice timely and in a cost effective and convenient manner. Section 22 of the Protection of Women from Domestic Violence Act, 2005 states that the r3espondent that is the person who commits the sin of Domestic Violence will be liable to pay compensation to the victim for causing any damage or injury which also includes mental torture and emotional suffering.
In the case of Vandhana V. T. Srikanth, the Madras High Court ruled that the Protection of Women from Domestic Violence Act, 2005 is enacted to provide more effective protection to women for their rights which is also mentioned under the Constitution of India who are victims of emotional or physical sufferings caused to them either by their spouses or family members or both. The same was stated in the case of Indra Sarma V. V.K.V Sarma[2]. Domestic Violence not only affect those who go through it but also to those who are seeing it such as children in most of the cases. Children who are victims of Domestic Violence tend to have negative developments and they start to fear even by seeing small things. They even suffer from major anxiety issues, depressions, a lot of behavioral problems. In Kamlesh Devi V. Jaipal and Ors.[3], The High Court rightly found that the components of domestic abuse were totally absent in this case, according to the Supreme Court. There is no shared residence between the petitioner and respondents. Unspecific allegations state that the respondents are relatives. Between the Respondents and the petitioner, there isn’t even a whisper. They appear to live nearby. The special leave petition was thus rejected. In Bibi Parwana Khatoon V. State of Bihar[4], nothing was proved in this case so it was dismissed by thew court of law.
Therefore, Domestic Violence is a widespread and major problem which have a notable impact on the lives of the victims. It is crucial to spread awareness, prevention and control of such a social evil that every year destroys the lives of millions of people to ensure that everyone is able to live a life free of terror and trepidation.
RESEARCH METHODOLOGY
Domestic violence has now become a social evil and it needs to be ended from the roots. This study is based on primary and secondary sources. Primary sources includes the original documents, artifacts, manuscript, recording or any other item that was created during the time of the study. It is the original source of document created during the time of its study. It include case law, legislation, constitution, regulation, government documents. The main primary sources are diaries, journals, letters.
Secondary sources are commentaries from others researchers upon the original document. They include research papers, articles written on the basis of the original document. Secondary sources tend to summarize, interpret the primary document.
This study is based on both primary and secondary sources. For any study, it is necessary to ensure that the data are quite suitable and adequate for the objectives of the study.
REVIEW OF LITERATURE
Domestic Violence being a serious issue that affects millions of lives. Diverse studies have been conducted on this issue and help have been taken from most of them to explain the issue and its effects and impacts. The literature review aims to provide synopsis of this research paper.
- Domestic Violence and its effects on women by Seth Christopher – It is a research in which the position of the victims of domestic violence is talked about. It focuses on Oforikrom Sub metro of the Ashanti region of Ghana.
- Effects of domestic violence on women and children by Jyoti, Jigisha Sharma- It is an article which talks about the impact of domestic violence and how it effects our society. It concludes that it is high time now when we need to end this social evil from the root.
- Domestic Violence: A Harsh Reality by Ms. Malvika Singh Jamwal- It says that if a man hits a women then it is interpersonal but if the same is done by millions of people then it is no longer an interpersonal issue but becomes a worldwide problem which needs to be treated.
- A Study on Domestic Violence Against Adult and Adolescent Females in a Rural Area of West Bengal- It is a research paper in which a sample from people of west Bengal was taken and their views on domestic violence were recorded and a conclusion was made on such record and certain suggestions were suggested to improve and end domestic violence.
SUGGESTIONS
There are various ways by which domestic violence can be prevented. Some of them are :-
- Spreading awareness- Making people aware about domestic violence should be the first thing that should be done in order to make people aware about it. Educating people about this would mark a remarkable change. Creating awareness will help to prevent domestic violence.
- Legal Remedies- Imparting justice to victims of domestic violence will not only help them to lead a wonderful life ahead but will also create a sense of fear in the minds of people committing such a heinous crime.
- Helplines- The Domestic Violence helplines should be available to everyone for help and the information shared should be confidential in order to protect the identity of the victim and in order to save the person from further trauma.
These are some steps that could be taken to prevent domestic violence and keep it in control. If people know about domestic violence they will instead of suffering from it can oppose it and can take a stand for themselves.
It is very important to educate people about the term of Domestic Violence and the impact it has on the people who suffer from it. Making people aware about the Domestic Violence is the most important that should be taken in order to end this social evil from the society.
CONCLUSION
Domestic abuse has severe and long-lasting effects on women and children, according to extensive research. Domestically abused women run the risk of experiencing physical damage, mental health problems, and even death. It has become a social evil that needs to be ended before the lives of a lot of people is destroyed. The impact of domestic violence is multifaceted and compound. It has become important that society starts to acknowledge and spread awareness about. It is high time when people start to support the victims of domestic violence instead of criticizing them. Nowadays, people have started to show themselves as victims of domestic violence when in reality they are not. This should be stopped so that the actual victims are able to get justice as soon as possible.
The Domestic Violence Act,2005 is really helpful to provide justice fearlessly and in a speedy manner. This act protects and provide protection to the victims of domestic violence. The reasons of violence are most commonly lack of education, awareness. People tend to act themselves as superior over others and start to suppress them by their power, words and acts. This also happens when people are unaware about their rights and they even though when become victims of domestic violence do not know what remedy they should seek in order to get justice. This study provides suggestions that if implemented would help to end domestic violence. The slogan which I found to be powerful against domestic violence is “Stand up for what is right, stand up against violence”. Hence we can say that speaking for your rights is the most important thing which a person has to do for themselves in order to get justice for them. If a person does not speak about violation of their rights they will not be able to get justice for themselves. Therefore, raising voice against wrong is the first thing which should be done in order to get justice.
Shrishti Saxena
Symbiosis Law School, Hyderabad
[1] Inder Raj Malik, Inder Raj Malik And Ors. vs Sunita Malik on 30 January, 1986, 1986 1 (1986).
[2] Indra Sarma, Supreme Court of India Indra Sarma vs V.K.V.Sarma on 26 November, 2013 Author: .J. Bench: K.S. Radhakrishnan, Pinaki Chandra Ghose, 1 (2013).
[3] Kamlesh Devi, Supreme Court – Daily Orders Kamlesh Devi vs Jaipal on 4 October, 2019 1, 1 (2019).
[4] Ohr Benshlomo, Bibi Parwana Khatoon V. State of Bihar, 4 วารสารวิชาการมหาวิทยาลัยอีสเทิร์นเอเชีย 88 (2023).