Abstract
Violence cannot be stopped by violence. It has to be
stopped by wisdom. Only wisdom can stop violence.
~GURUDEV SRI SRI SHANKAR[1]
This research paper deals with the very known topic i.e. Domestic Violence. Domestic Violence means the aggressive behaviour of one partner over the other in intimidate relationship. Mostly women are the victims of domestic violence. Husband dominate the wife and treats her like a non living thing. It involves physical abuse, emotional abuse, mental abuse, sexual abuse and many more. Domestic violence can also takes place before the marriage of an individual. He/She can became the victims at their own house by their own family members. Domestic violence takes place regardless of race, religion, sex, place of birth. Anyone can become the victims at any age, for example: an individual during his/her childhood, any relationship during their teenage or adulthood , after marriage, in old age as well by their children. It is a global problem and mostly women are the victims of domestic violence.
Keywords: Domestic Violence, domestic abuse, physical abuse, mental abuse,
Introduction
I am not what happened to me,
I am what I choose to become.[2]
~CARL JUNG
Domestic violence means the violence which takes place within a family. So, it is a violence which is done by one family member towards the other. Both men and women become the victims of domestic violence. But globally it is seen that mostly women are the victims of domestic violence. In most of the cases women became the victims of domestic violence after their marriage by her husband and his relatives. There are many reasons behind this domestic violence. In- laws treats their daughter in law as a servant. The woman do all the household chores, fulfil the demands of her husband as well as his relatives but no one care about her. She is beaten for her small mistakes or sometimes even without a mistake because her husband had a bad day at his workplace. She has to suffer from physical abuse, mental abuse, emotional abuse, sexual abuse etc. Slapping, hitting, punching, biting, pulling hair, all amounts to violence against. As the above mentioned quote states that at one time she was not what she is now become, she chose to become the victim of this not raising any voice against the violence. She is suffering from all this just because she wants to maintain her family’s respect in the society. So that she will not get the tag of destroyer of the honor of the family. But now the time has changed and many laws are made to help those victim women whose wants to come of this prison of domestic violence.
In every country government made laws and acts to help women to live a dignified life and enjoys equal status as that to men. In India Narendra Modi took the initiative of Beti Bachao Beti Padhao campaign and tries their best to provide necessary education to all the girls regardless of race, religion . Modi government also increases the age of marriage of girls from 18 to 21 which is also a very appreciable initiative. Now girls can pursue her education and become more mentally and financially stable to live an independent life. A educated girl can differentiate between right or wrong and this will help her to not suffer any violence in any kind relationship whether she is at her parent’s house, in a physical relationship or at her husband’s house.
Children’s suffer from domestic violence because of the pressure from their parents regarding study, or in a poor family children’s are mentally pressurised to earn money for their family. It happens with them also when their one of the parents involved in a second marriage due to the death of other partner or due to the divorce, their stepmother or stepfather treats them badly and do the physical abuse, verbal abuse, mental abuse and in the worst scenario sexual abuse also.
Acts like Protection of Women from Domestic Violence Act, 2005, many provisions in IPC and in constitution are made to save the women from domestic violence.
HISTORY OF DOMESTIC VIOLENCE
In the holy books there is nothing mentioned as domestic violence. At that time women were worshipped as goddess and also known as the universal creator. But the time flies, after that it was the thinking that it is the right of a husband to abuse his wife and wife is suppose to accept it as her duty because she is depend on her husband for her basic needs. Countries ignored the matters related to domestic violence and did not start to takes any action till the 19th century. In 1850, America was the first country who passed the law related to husband beating his wife and other states followed the same for the coming few years. After that countries started to make laws related to domestic violence.
During British period in India the situation of women were very worst. The patriarchal system was at peak at that time. The socio-cultural dynamics, economic disparities, and the colonial administration’s policies all played significant roles in shaping the situation of domestic violence during this time.
1.Patriarchal Society: Patriarchal society as the name suggests the society where men dominate the women within the household. In every family man was owner of the house and all the ladies had to follow him. Women were supposed to work only according to the wishes of the men of their families. The authority of taking any decision was in male’s hands only. Women were not supposed to take part in any decision even related to their children. If there were any girls in the families they were not treated equally as to their brother. Girls were not sent to schools only went to the school and pursue further education. Girls were taught at their childhood only that they have to follow the father, brother husband and other male members only.
2.Social Norms: Traditional norms and customs upheld by various communities further perpetuated domestic violence. The practice of child marriage contributed a lot to the problems of domestic violence. Girls were getting at the age of just 4 or 5 in many areas and mostly at the age of 11 or 12. At this age girls are not aware even about their puberty and they were sent to their husbands’ house to handle the responsibility of the joint family and all the household chores. A girl was supposed to follow her husband blindly even he was doing any wrong to her. Boys were taught to dominate their wife and treats her not more than a servant. Parents used to give dowry during the marriage of their daughters so that any boy married his daughter. But after the marriage women were forced to bring more dowry from her parents house and if she did not bring the money she had to become the victim of domestic violence. Husband and his relatives beat her very badly not gave her meals, put her in a separate room for days. It was expected from women to give birth only to the boys and if she gave birth to a girl then again she had to became the victim of domestic violence. It was very difficult for the women to come out from that hell.
3. Economic Factors: During the British colonial period, economic factors played a significant role in domestic violence within India. The colonial administration imposed a range of economic policies that had far-reaching consequences for Indian society. The British imposed heavy taxes and land revenue systems like the Permanent Settlement and Ryotwari, which led to widespread poverty and indebtedness among Indian peasants. This economic stress often spilled over into households, exacerbating tensions and contributing to domestic violence. Men who were unable to fulfill their traditional roles as providers may have resorted to violence as a means of asserting control and venting frustration.
British colonialism reinforced traditional gender roles and limited economic opportunities for women. They were largely excluded from the formal workforce, making them financially dependent on their husbands or male relatives. This dependence made it difficult for women to escape abusive relationships, as they lacked the means to support themselves independently. The colonial legal system also favored men in matters of property and inheritance. Women had limited legal recourse and were often at a disadvantage when seeking protection from domestic violence. This lack of legal protection further perpetuated the cycle of abuse.
4.Cultural Diversity: Cultural diversity played a complex role in the dynamics of domestic violence during the British colonial period in India. India is a land of diverse cultures, languages, and traditions. Many Indian cultures held traditional norms that were patriarchal in nature, emphasizing male dominance within the family. British colonialism did little to challenge these norms and, in some cases, reinforced them. This cultural backdrop normalized male authority within households, making it more acceptable for men to exert control through violence. India’s diverse religious and caste systems also played a role. Some religious practices and caste hierarchies perpetuated inequalities and contributed to domestic violence. The British administration often exploited these divisions for administrative convenience, inadvertently exacerbating existing inequalities.
The protection of women from domestic violence that is the Domestic Violence Act, 2005 was brought into force by the Indian government from 26/10/2006. It protects as the title suggests women who are facing violence in a domestic relationship. This act helps women to take action against their husband, his relatives and whoever tries to dominate her. It is also called as the Family Violence Act, 2005. Though the term domestic violence did not exist in legal parlance till 2005, a step in its direction was made in 1983 with the adoption of sections 498A and 304B of the Indian Penal Code. The enactment of 498A made cruelty towards wives a non-bailable criminal offence punishable with up to five years in prison.
THE REAL TRUTH BEHIND DOMESTIC VIOLENCE
Domestic violence is a complex and deeply troubling issue that affects individuals and families worldwide. The “real truth” about domestic violence is multifaceted and can vary based on individual experiences and circumstances.
Prevalence: Domestic violence is more common than many people realize. It occurs in all societies and crosses all cultural, economic, and demographic boundaries. It often goes unreported due to fear, shame, or stigma. People fear that it will destroy the respect of their family and family will not accept them.
Victims and Perpetrators: While anyone can be a victim of domestic violence, the majority of reported cases involve women as victims and men as perpetrators. However, it’s essential to recognize that men can also be victims, and domestic violence can occur in same-sex relationships.
Cycle of Abuse: Domestic violence tends to follow a cycle, which may include tension building, an acute violent episode, and a period of reconciliation or calm. This cycle can repeat itself unless intervention occurs.
Impact: Domestic violence has severe physical and psychological consequences for victims and their children, if applicable. It can lead to injuries, trauma, depression, anxiety, and even death. Children who witness domestic violence may experience long-lasting emotional and developmental problems.
Barriers to Reporting: Victims often face significant barriers to reporting domestic violence, such as fear of retaliation, financial dependence on the abuser, cultural norms, and lack of support.
Legal and Support Services: Many countries have laws and support services in place to help victims of domestic violence. This includes restraining orders, shelters, counseling, and hotlines. However, accessing these resources can be challenging for some individuals.
Prevention and Education: Prevention efforts and education are critical in addressing domestic violence. This includes teaching healthy relationship skills, raising awareness, and promoting gender equality.
The Role of Society: Domestic violence is not solely an individual or family issue; it is a societal problem. Addressing it requires a collective effort from communities, governments, law enforcement, and organizations to provide support, hold perpetrators accountable, and change social norms that perpetuate violence.
Healing and Recovery: Survivors of domestic violence can heal and rebuild their lives with the right support and resources. Therapy, counseling, and advocacy organizations play a crucial role in helping survivors on their journey to recovery. It is a very hard time for them as the past came in front of them again and again.
CAUSES OF DOMESTIC VIOLENCE
Here are some key causes of domestic violence:
Power and Control: One of the primary causes of domestic violence is the desire for power and control over another person. Abusers may use violence and manipulation to assert dominance and maintain control in the relationship.
Historical Factors: A history of violence or exposure to domestic violence during childhood can contribute to a cycle of abuse. Children who witness violence in their homes are more likely to become either victims or perpetrators of domestic violence as adults.
Substance Abuse: The use of drugs or alcohol can lower inhibitions and impair judgment, leading some individuals to engage in violent behavior that they might not otherwise exhibit.
Mental Health Issues: Some individuals with untreated or poorly managed mental health issues, such as anger management problems, depression, or personality disorders, may be more prone to violent outbursts.
Financial Stress: Financial difficulties and economic stress can exacerbate tension in relationships and may lead to an increased risk of domestic violence, particularly if one partner feels that their economic security is threatened.
Social and Cultural Norms: Societal norms that perpetuate gender inequality and condone violence as a means of resolving conflicts can contribute to domestic violence. Cultural factors, including rigid gender roles, can also play a role.
Lack of Education and Awareness: Some individuals may not fully understand the consequences of their actions or may lack awareness of available resources and support for dealing with relationship issues in non-violent ways.
Isolation: Abusers often try to isolate their victims from friends and family, making it more difficult for victims to seek help or escape the abusive relationship.
Lack of Empathy: A lack of empathy and an inability to understand or acknowledge the feelings and perspectives of others can contribute to abusive behavior.
Jealousy and Insecurity: Unfounded jealousy and feelings of insecurity can lead to controlling and possessive behavior, which may escalate into violence.
Crisis Situations: Domestic violence can escalate during times of crisis, such as during natural disasters, financial crises, or health emergencies.
Social and Economic Inequality: Broader societal issues related to poverty, discrimination, and unequal access to resources can create an environment where domestic violence is more prevalent.
It’s important to recognize that domestic violence is not limited to any specific demographic group or socioeconomic status; it can occur in any relationship. Prevention and intervention efforts often focus on education, awareness, providing support services for victims, and holding perpetrators accountable through legal and social mechanisms. Breaking the cycle of domestic violence requires a multifaceted approach that addresses both individual and systemic factors.
LEGAL PROVISIONS REALTED TO DOMESTIC VIOLENCE
Right to Reside: A woman has the legal right to reside in her matrimonial home, and her male relatives are prohibited from evicting her.
Protection of Possessions: The respondent, the person accused of domestic violence, is not allowed to dispossess the aggrieved person of her belongings, including both movable and immovable property. Moreover, the respondent cannot enter the aggrieved person’s workplace, and if the aggrieved person is a child, they are prohibited from entering their school.
Compensation and Damages: Section 22 of the domestic violence act mandates that the respondent must compensate the aggrieved person for any injuries, including mental torture, emotional distress, or any form of domestic violence. A significant case supporting this is Saraswathy v. Babu (SC 2014), which affirmed the right of the wife to claim compensation and damages for the physical and emotional harm caused by the husband’s actions, in addition to relief under the domestic violence act.
Prevention of Communication: The Magistrate has the authority to restrict the respondent from communicating with the aggrieved person through personal, oral, written, electronic, or telephonic means.
Expenses: The respondent can also be ordered to cover the expenses incurred by the aggrieved person, which may include loss of earnings, medical expenses, and damage to property.
In-Camera Proceedings: At the request of either party, the Magistrate has the discretion to conduct proceedings in camera, ensuring privacy and confidentiality.
Penalty: Violating protection orders issued by the Magistrate can lead to imprisonment for up to one year and/or a fine of up to Rs. 2,000.
CONCLUSION
Domestic violence is an intricate and deeply troubling societal issue that transcends geographical boundaries, cultural norms, and socioeconomic strata. This research paper has endeavored to unravel the multifaceted truth behind domestic violence, recognizing that behind the numbers and statistics are real individuals whose lives are profoundly impacted.The effects of domestic violence on survivors are profound, extending beyond physical injuries to encompass severe psychological trauma and long-term consequences. Nevertheless, our journey also revealed stories of resilience and the pivotal role of support systems in fostering recovery.
Understanding the cultural and societal factors underpinning domestic violence is paramount. Our exploration underscored the pervasive impact of deeply ingrained gender norms and societal attitudes that perpetuate violence within intimate relationships. This realization calls for a comprehensive shift towards more equitable and inclusive societies.Legal and policy frameworks vary across regions, but our research underscores the importance of specialized domestic violence courts and international standards to hold governments accountable. We must continually evaluate and improve these frameworks to ensure they provide robust protection and support for survivors.
In conclusion, the real truth behind domestic violence is a complex tapestry woven from countless individual experiences, societal norms, and systemic factors. Our understanding of this issue must continue to evolve, driven by ongoing research, advocacy, and the collective determination to eradicate domestic violence from our communities.As we move forward, it is imperative that we remember that domestic violence is not an inevitable consequence of human relationships but rather a societal ill that can be prevented and addressed. The truth behind domestic violence is not solely the stories of pain and suffering but also the narratives of resilience, strength, and hope for a future where no one need endure the horrors of abuse.
Name: Khushi, BBA LLB 2nd year, Bharati Vidyapeeth University New Law College
[1] https://www.artofliving.org/in-en/wisdom/quotes/quotes-on-domestic-violence-gives-strength
[2] https://everydaypower.com/domestic-violence-quotes/