Domestic Violence – Types, Causes and Effect

This Article is written by Shruti Chaurasia, Student of Asian Law College.

Introduction

Domestic Violence is not a country issue, but it is a persuasive issue globally. In India, most domestic violence targets women, which is perpetrated by their male partners or their male family members.

Domestic Violence is not a recent thing; it has lasted for many centuries, and in this modernization, people are still engaged in this. This issue will not stop here; it goes up high every coming year. Our Indian Law system made some laws that favored the victims so that they can move on with their lives and the accused person gets punished as hard as they get. It is a civil law that protects the rights of women, which our Indian Constitution guarantees, intending to achieve a violence-free home. It focuses on providing relief and remedies available to women in situations of abuse. The Government also initiated a plan for their awareness in every state, and on that specific month, the awareness would be made through various social media handles so that every woman gets to know about that.

October is to be considered Domestic Violence Awareness Month. Let’s all wear purple to raise awareness about Domestic Violence, and it’s high time to unite all advocates and people to end this domestic violence.

When discussing Domestic Violence, we encounter two major pieces of legislation: the Protection of Women from Domestic Violence Act, 2005, and Section 498-A of IPC/ Section 85 of Bhartiya Nyaya Sanhita(BNS). The act applies to all types of

women, irrespective of caste, creed, religion, and marital status. It covers all types of ages of women like wives, daughters, sisters, divorced, widowed, deserted, or single women and in this

live-in-partner is also included.

What is Domestic Violence?

Domestic Violence is defined comprehensively in Section 3 of this Act, i.e., Protection of Women from Domestic Violence.

Any reason due to which a woman or child has to face health, safety, life crisis, financial loss, or they have to bear pain and humiliation comes under the purview of Domestic Violence.

Chapter 2– Definitions of Domestic Violence under Section 3 says that

• If mental or physical harm or injury is caused to women i.e, Physical abuse, Sexual abuse, Verbal and Emotional Abuse, Economic Abuse,
• If the father or husband abuses any sexual abuse or verbal abuse to the woman,

If that woman is harassed or harmed injury to the aggrieved person

• To cause her unlawful demand of Dowry/ Property,
• That she has been threatened or any other person related to that aggrieved person,
  • Conduct points 1 and 2
• Or otherwise harm or injury
  • Physical or mental

Explanation 1:

• Physical Abuse means
  • Bodily pain, Harm, Danger, To life, limb, health
  • Any assault, criminal force, or criminal intimidation has been caused to that woman.
• Sexual Abuse means Humiliates degrades, or violates the Dignity of the Women
• Verbal or Emotional Abuse means Insult, ridicule, humiliation, or name-calling for not having a male child, repeated threats to cause physical pain to any person in whom the aggrieved person is interested
• Economic Abuse means that the women are deprived of the economic and financial resources to which the aggrieved person, Snatched her stridhan from her, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household, and maintenance,
• Dispose/ Alienate that woman’s property: Disposal of household effects, any alienation of assets, whether movable or immovable, Prohibition or restriction to continued access to resources or facilities that the aggrieved person is entitled to use or enjoy by the domestic relationship, including access to the shared household.

Before the Domestic Violence Protection Act, married women could register a complaint under Section 498-A of IPC if they were physically or mentally tortured by their family members. But, in 2005, we came up with the Domestic Violence Protection Act, 2005, which was introduced to provide Protection for Women and Children. It was passed by the Parliament in the year 2005 on the 13th of September and implemented on the 26th of October in the year 2006. The purpose of this law is to protect and safeguard the woman from Domestic Violence. This is the law in which the victim is protected from harassment as soon as she complains. It includes assault, abuse, rape, sexual misconduct, dowry demand, deprivation of employment, insult, betrayal, threats and intimidation.

This Act has a total of 5 Chapters and 37 Sections. This law gives the victim the right to ensure their protection by filing a complaint with a police officer or magistrate. The victim, by his or her relatives or neighbors, can go to their respective office or file a complaint with the officer through email or mobile phone.

In case of contempt of the orders given under this law, the guilty party can be arrested or fined. According to the law, the victim woman can also file a criminal case in the court. Although this Act includes civil and criminal provisions, a female victim can receive immediate civil remedies within 60 days. In case of being proven guilty, the accused can be jailed for 3 years. In this law, the option has been given to the complainant that there is a provision to conduct the proceedings of the related case in a closed room.

This Act ensures the woman’s right to reside in her matrimonial home freely. This Act has a special provision under that law which gives protection to a woman to live in a violence-free home. It is possible for women who have been aggrieved to file cases under this Act against any male adult perpetrator who is in a domestic relationship with her. They can also include other relatives of the husband and male partner as respondents to seek remedies in their case.

In this law, the local police station has also been ordered to provide residence or payment to protect the victim and her child. This law also orders financial compensation to the victim. Under this law, the Magistrate can also give interim orders. Often, many women face domestic violence in their house whether they are mothers, sisters, daughters, mothers-in-law, wives & fellow women which is a very worrying situation for our developing country i.e. India. Though crimes are related to some women such as rape, molestation, eve-teasing, trafficking, etc.

It has been seen many times that women can’t file a complaint against domestic violence to save their family’s reputation, and this will lead to the rise of domestic violence cases. It protects any woman who has lived with the respondent (the person against whom a case is filed) in a shared residence at any point in time – past or present. A significant portion of married women in India experience partner violence, with estimates suggesting that around 37% of ever-married women aged 15-49 have faced domestic abuse; however, due to under-reporting, the actual number of cases is likely much higher.

The most important fact provided by this law(Act) is that the victim of Domestic Violence has the right to shelter and to live in her residence. She’s also eligible for immediate relief in the form of a Protection Order, Monetary Relief, or Custody Order.

• Anyone facing Domestic Violence can dial 100 181 or 080-22943224.
• The people at the helpline provide counselling services or contact the police, in case of intervention.
• In very serious crimes, the victim is removed from the abuser’s house immediately and sent to her parents’s home or a nearby women’s shelter home.

Section 498-A of IPC/ Section 85 of Bhartiya Nyaya Sanhita(BNS)

Section 498-A of the Indian Penal Code, 1860 now comes up in a new Section of Bhartiya Nyaya Sanhita – Section 85. The BNS is the new criminal code of India, which came into effect in 2023.

What does Section 85 of the BNS do?

Punishes cruelty against married women, addresses domestic violence and harassment, & especially addresses dowry-related cruelty.

What is Cruelty?

• Any willful conduct that drives a woman to commit suicide.
• Any conduct that leads to a reasonable apprehension towards the safety of her own life and limb.
• Harassing her or any of her relations to fulfil unlawful demands regarding property or valuable assets.

Meanwhile, hearing the case on December 10, the Supreme Court, has expressed concern over Section 498-A of the IPC, which has now become Senction 85 of BNS,2023. The Supreme Court also concern about the over misuse of the law.

Landmark Judgement:

Dara Lakshmi Narayana vs. The State of Telagana, 2024.

Case Law: Jayedeepsinh Pravinsinh Chavda & Others vs. State of Gujarat.

Case Law: Manju Ram Kalita vs. State of Assam (2009) 13 SCC 330/

Concerns about misuse of this law:

• There are the misuse of the law and the implications it has on both women and men .
• There are calls for legal safeguards to prevent false cases while ensuring justice for genuine victims.

Types of Domestic Violence:

Causes & Effects of Domestic Violence:

Domestic Violence harms women both physically and mentally. Women are mentioned because there is no provision for men to complain about a woman. But mostly, this happens to women bytheir male partners or by their family members. Physically, victims may suffer injuries ranging from bruises and broken bones to more serious conditions, such as traumatic brain injuries, as well as internal organ damage, depending on the severity of the accident. As a result of these physical injuries, medical attention may often be required, and long-term disabilities or chronic health problems may develop as a result of these injuries. It makes a connection between the abuser and the victim regarding low self-esteem, which they think that they are not worth for the love and care. In culture, Male Domination can be seen. Some spouses use violence to illustrate superiority as well as power. More so in a case where one of the spouses is entirely dependent on the other. The abuser also seeks to control their spouse’s social life, travel, and day-to-day activities.

Mental Health gets disturbed whether it is the victim or the abuser because the abuser loses control of the aggression and the victim tolerates all the aggression & torture.

How to Lodge a Complaint u/s 12 of the DV Act:

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The court will take cognizance and issue a Summons to the

respondent & Protection Officer for appearance & Domestic Incident Report.

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Reply filed by the Respondent.

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Replication filed by the Complainant, if there,

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Detail Affidavit filed by both the parties, if required, by Court,

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Argument on Interim Application, if any, filed by the Complainant,

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Order passed by the Court on Interim Application

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Appeal against Interim Order by aggrieved party u/s 29 of D.V. Act within one month

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Issues framed by the Court / Evidence filed by the Complainant by way of affidavit or any other witnesses

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Cross-Examination of the Complainant and other Witnesses

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Argument

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Judgement.

Reply filed by the Respondent:

• There is an option of Settlement.

Initiate to stop this Domestic Violence:

1. Initiate or set up well-published helplines and make them available in coordination with police and NGO’s.
2. Educate all the groups of communities about the need to support women survivors.
3. Restore One Stop Crisis Centre as an essential part of their services.
4. Appoint various women officers specially for the protection of women from domestic violence.
5. Create provisions for the institutional quarantining of perpetrators of domestic violence with a known history of abuse.
6. Provide high-quality access to advocates and courts.
7. Initiate more people for raising awareness and develop a strong support system.

Legal Framework in India:

Global Initiatives Regarding Domestic Violence:

1. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW): Adopted in 1979 by the UN General Assembly. Eliminates all discrimination against women in all areas of life.
2. UN Declaration on the Elimination of Violence against Women (DEVAW): First International Instrument explicitly addressing violence against women. Provide a framework for National and International Action.
3. Safe Cities and Safe Public Spaces: Flagship program by UN Women. Preventing and responding to sexual harassment & other forms of violence in public areas.
4. Beijing Platforms for Action (1955): Identifies specific actions for governments to take to prevent and respond to violence.
5. UNiTE to End Violence against Women: Another bold step initiated by the year 2008. It aims for public awareness around the issue as well as increase both policy making & resources dedicated to ending violence against women and girls worldwide.