“ADDRESSING DOMESTIC VIOLENCE AGAINST

WOMEN: AN UNFINISHED AGENDA ”

NON-DOCTRINAL RESEARCH SUBMITTED TO

DR. BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY,

CHHATRAPATI SAMBHAJINAGAR

IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR

THE DEGREE OF
MASTER OF LAW
IN
CRIMINAL LAW
BY
KISHOR MAROTI INGOLE
LL.M. 2nd YEAR III SEMESTER
(Seat No. 18)

UNDER THE GUIDANCE OF

Dr. NITAL S. NANDEDKAR
B.S.L., LL.M. NET, Ph.D. (LAW )

V. N. PATIL LAW COLLEGE, CHHATRAPATI

SAMBHAJINAGAR

ACADAMIC YEAR 2024 - 2025

1
 Navalbhau Prathishthan’s
V. N. PATIL LAW COLLEGE,
CHHATRAPATI SAMBHAJINAGAR

CERTIFICATE
This is to certify that, “NON DOCTRINAL RESEARCH ON

ADDRESSING DOMESTIC VIOLENCE AGAINST WOMEN: AN

UNFINISHED AGENDA” is written and submitted by KISHOR MAROTI

INGOLE under my supervision and guidance as partial fulfilment for the LL.M

degree examination in Criminal Law Group from V. N. Patil Law College, Ch.

Sambhajinagar affiliated to Dr. Babasaheb Ambedkar Marathwada University, Ch.

Sambhajinagar.

Research Guide

Dr. Nital S. Nandedkar

I/c Principal
V. N. Patil Law College,
Chhatrapati Sambhajinagar

Place: Chhatrapati Sambhajinagar

Date: / 09 / 2024

2
 SELF DECLARATION

I, the undersigned hereby declare that Non Doctrinal Research on the topic

“ADDRESSING DOMESTIC VIOLENCE AGAINST WOMEN: AN UNFINISHED

AGENDA” is written and submitted under the guidance of Dr. NITAL S.

NANDEDKAR, V. N. Patil Law College, Ch. Sambhaji Nagar.

The findings and conclusion drawn in descriptions are based on the data and

other relevant information collected by me during the period of my research study for

the award of Master of Law (LL.M Degree) in the faculty of Law from V. N. Patil Law

College, Ch. Sambhaji Nagar.

I further declare that Dissertation submitted on the research study is my original

work and I have not copied anything from any report of this nature while preparing this

Doctrine research. Neither the work nor any part thereof is published in any journal or

anywhere else. If plagiarism found guide and college is not responsible.

Place: Ch. Sambhajinagar.

Date: / 09/ 2024

KISHOR MAROTI INGOLE

Seat No. 18

3
 ACKNOWLEDGEMENT

I convey my heartfelt gratitude and sincere thanks towards Dr. Nital S.

Nandedkar, for her valuable guidance, constant encouragement and valuable
suggestions, without which the present study would not have come to its shape. I have
no words indeed to express my deep sense of gratitude towards her.

I am continually benefited from the wisdom of my teachers Dr. Nital S.

Nandedkar and all other respected teachers for their comments, compliments and
suggestions which have significantly improved the final research.

I am thankful to all non-teaching staffs of V. N. Patil Law College for their

cooperation during research. I am also thankful to all my friends and well-wishers for
their help.

Place : Ch. Sambhaji Nagar.

Date : /09/ 2024

KISHOR MAROTI INGOLE.
Researcher

4
 Table Of Content

Sr.No. Contain Page No.

1 Introduction 6 – 14
2 Concept of domestic violation in India 15 - 19
3 India and Domestic Violence: An Overview 20 – 23
4 Effectiveness of the Domestic Violence Act: An 24 - 27
Analysis
5 Questionnaire 28 – 28
6 Analysis of The Respondents’ Opinions 29 - 32
7 Conclusion and Suggestio 33 -35

5
 INTRODUCTION

Domestic violence against women is not a new concept in society. It means

intimate partner violence which includes physical, verbal, sexual, and economic
abuse. According to the world health organization, one in every three women
experienced physical or sexual violence in their lifetime, and 30% of women
experienced physical and sexual violence from their partners. Women are facing
violence from men, which affects their mental health and physical health. In India,
women feel unsafe in the marital home. It is because the patriarchal society doesn’t
give enough opportunities to women. They are facing violence from husbands, their
in-laws, or others. Most of the domestic violence cases do not report by the woman
because of orthodox society and norms. Many women experience various kinds of
domestic violence, but they do not respond to it. Although the countries had adopted a
mechanism through which women can file domestic violence complaints against their
husbands, they are still not reporting the incidents1.

Domestic violence is sadly a reality in Indian society, a truism. In the Indian

patriarchal setup, it became an acceptable practice to abuse women. There may be
many reasons for the occurrence of domestic violence. From a feminist standpoint, it
could be said that the occurrence of domestic violence against women arises out of
the patriarchal setup, the stereotyping of gender roles and the distribution of power,
real or perceived, in society. Following such ideology, men are believed to be
stronger than women and more powerful. They control women and their lives and as a
result of this power play, they may hurt women with impunity. The role of the woman
is to accept her 'fate' and the violence employed against her meekly2.

During this COVID-19, most women lost their jobs which increased the
dependency on the husband’s income. Due to this, they are facing physical violence
from their husbands. In this economic hardship, female partners have been
experiencing rude behaviour, violent, abusive, impulsive, and controlling the

1
Editorial, "An offence, of course" The Times of India, Aug. 2, 2004

2
Oldenburg, V. T. (2002). Dowry murder: The imperial origins of a cultural crime. Oxford University Press
6
 behaviour of their male partners. There are many reports which indicate that most
women have been facing domestic violence since 2019. It is because the working
women are locked in with their male abusive partners. Even they do not have access
to the mobile, nor space and time to call for help. Most domestic violence cases are
unreported because of restricted movement, reduced contact with families,
unavailability of communication medium, and a formal support system. During this
COVID-19, Indian women filed complaints of domestic violence. One thousand four
hundred seventy-seven domestic violence complaints were filed by women between
March 25 – May 31, 2020. The number of crimes against women is very high in this
lockdown. It is because women are locked inside in the home with their abusive
partners. They are facing physical, emotional, and domestic abuse from their
partners3.

The Parliament of various countries made laws to protect women from any kind
of violence. Still, they are facing violence from their husbands and their familie.

1.1. BACKGROUND

Domestic violence is as old as recorded history which has been reported in

virtually every society, every civilization. Discrimination and oppression leading to
physical, mental or emotional violence have been accepted as a part of every
patriarchal society. Except recent reference is found, domestic violence has been both
socially and legally acceptable. Some important event, laws, codes, provide historical
context, within which conceptualization of domestic violence becomes crystal clear.
Two major elements combined to seal the status of women are male dominance and
projecting women as ‘property’ an object belonging to men and secondly expectations
from women as an ideal ‘role model’ suit each other, in such a way as to make her
vulnerable and subject to discrimination, oppression and all sorts of victimization and
resultantly compel their subordination. “Violence against women is a manifestation of
historically unequal power relations between men and women, which have led to
domination over and discrimination against women by men and to the prevention of

3
Editorial, “Domestic Violence Against Women ” The Times of India, Sept. 23, 2021
7
 the full advancement of women...”1 Domestic violence is physical, sexual or
psychological abuse directed towards one’s spouse, partner or other family member
with in the household. Domestic violence occurs when a family member, partner or
ex-partner attempts to physically or psychologically dominate or harm the other. It
occurs in all cultures, people of all races ethnicities and religions can be perpetrators
of domestic violence. Violence against women is particularly intimate partner
violence and sexual violence against women is the major public health problems and
violations of women’s human right. According to 2013 a global review of available
data, 35 per cent of women worldwide have experienced either physical and or sexual
intimate partner violence or non-partner sexual violence. However, some national
violence studies show that up to 70 per cent of women have experienced physical and
or sexual violence in their lifetime from an intimate partner.

Gender-based violence (GBV) or violence against women and girls is

regarded as a global pandemic that affects one in every three women across their
lifetime. An estimated 736 million women become victims of intimate partner
violence (IPV), or non-partner sexual violence, or both, at least once in their
life.4 The international community has long acknowledged the severity of the
problem. In 1995, the Beijing Declaration and Platform for Action called for the
elimination of violence against women.5 A decade later, in 2015, the UN adopted
the 2030 Agenda for Sustainable Development which included a global target to
eliminate “all forms of violence against women and girls in public and private
spheres.”6 In 2016, the World Health Assembly Resolution 69.5 called for a global
plan of action to strengthen the role of the health system within a national
multisector response to address interpersonal violence, particularly against women
and young girls. Despite all these mandates, however, 49 countries have yet to adopt
a formal policy on domestic violence.

This violence—which has serious short- and long-term consequences on

women’s health and well-being disproportionately affects women in low- and lower-
middle-income countries. Women aged 15-49 years living in the least
4
World Health Organization. “Violence against women prevalence estimates, 2018: global, regional and national
prevalence estimates for intimate partner violence against women and global and regional prevalence estimates for non-
partner sexual violence against women.” (2021).https://www.who.int/news/item/09-03-2021-devastatingly-pervasive-1-
in-3-women-globally-experience-violence
5
Declaration, Beijing. “Beijing Declaration and Platform for Action Fourth World Conference on Women.” Paragraph
112 (1995),
6
Assembly, General. “Sustainable development goals.” SDGs Transform Our World 2030
(2015).https://sdgs.un.org/2030agenda
8
 developed countries have a 37-percent lifetime prevalence of domestic
violence. Among younger women (15-24), the risk is even higher, with one of every
four women who have ever been in a relationship facing some form of violence.

Indeed, domestic violence is an all-pervasive public-health concern that

women face in various forms across different parts of the world. In England, for
example, the 2020 Crime Survey reported a 9-percent increase from 2019 in
domestic-abuse related crimes. In the United States (US), the number of women
who have ever reported experiencing domestic violence increased by 42 percent
from 2016 to 2018. In India, 30 percent of women have experienced domestic
violence at least once from when they were aged 15, and around 4 percent of ever-
pregnant women have experienced spousal violence during a pregnancy.

This paper studies the link between domestic violence and women’s
sexual and reproductive health, across their life course. Existing literature point to a
significant association between domestic violence, and the poor health and well-
being of not only the women themselves, but the children they give birth to, and are
expected by social norms to care for. Indeed, the impacts of violence against women
lead to grave demographic consequences, including low educational attainment and
reduced earning potential for the younger generations.7

A 2017 study of India, Nepal, and Bangladesh found GBV to be a risk

factor for unintended pregnancies among adolescent and young adult married
women. Studies from different countries have also suggested moderate to strong
positive associations between IPV and clinical depression. These analyses noted an
increased risk of two- to three-fold in depressive disorders and 1.5- to two-fold
increased risk of elevated depressive symptoms and post-partum depression among
women who have been subjected to intimate-partner violence. These women
reported more episodes of anxiety and depression, and increased risk of low-birth-
weight babies, pre-term delivery, and neonatal deaths. In one 2005 study, South
Asian women in the US reported that domestic violence reduced their sexual
autonomy and increased their risk for unintended pregnancy; many suffered
abortions. A recent review, in 2020, of women from the US, India, Brazil, Tanzania,

7
UN Women, Consequences and Costs (2010), https://www.endvawnow.org/en/articles/301-consequences-and-costs-
.html

9
 Spain, Sweden, Norway, Australia and Hong Kong found that domestic violence
was associated with an increased risk of shortened duration of breastfeeding.

Studies from Bangladesh and Nepal show the association between violence and
women’s poor nutritional status, increased stress, and poor self-care. Also in
Bangladesh, demographic health surveys show compromised growth in children
born to women suffering domestic violence.

In India, domestic violence has been found to impact early childhood

growth and nutrition through biological and behavioural pathways. Another analysis
of 2012-13 data from Pakistan showed a significant increase in underweight,
stunting, and wasting among children of women subjected to domestic violence.8

There is no dearth, therefore, in evidence that shows a direct causal relationship

between domestic violence and the growth and development of children.

8
Natasha Shaukat et al., “Detrimental effects of intimate partner violence on the nutritional status of children: Insights
from PDHS 2012-2013,” International Journal of Community Medicine and Public Health vol 5 no.5 (2018),
https://www.ijcmph.com/index.php/ijcmph/article/view/2395
10
 1.2. RESEARCH DESIGN

A. REVIEW OF LITERATURE

1) Indian National Crime Records Bureau’s report9 2019’which tracked

criminal activities over 2019, Crime against Women. A total of 45,485cases
of crime against women were registered during 2019, showing an increase of
7.8% over 2018 (42,180 cases). Majority of cases under crime against
women were registered under ‘Cruelty by Husband or his Relatives’ (30.9%)
followed by ‘Assault on Women with Intent to Outrage her Modesty’
(20.2%), ‘Kidnaping & Abduction of Women’ (19.3%) and ‘Rape’ (7.3%).

2) Gautham and Brandan stated in a research paper that - A heightened

risk of domestic violence has been associated with infection-reducing
measures undertaken by governments during the COVID-19 pandemic.
Psychiatric services can play a key role in addressing this issue by (a)
addressing certain risk factors for perpetration of domestic violence through,
for example, assertive identification and management of substance misuse;
(b) providing support, advocacy and treatment services for victims of
domestic violence; and (c) multi-agency working to strengthen medical and
social responses to domestic violence.10

3) Jagbir and Anuradha surveyed in a research paper11 In the present

study, 52.4% of men experienced gender-based violence. Out of 1000, males
51.5% experienced violence at the hands of their wives/intimate partner at
least once in their lifetime and10.5% in the last 12 months. The most
common spousal violence was emotional (51.6%) followed by physical
violence (6%). Only in one-tenth cases, physical assaults were severe. In

9
NCRB (MHA), 2019
10
Gulati G, Kelly BD. Domestic violence against women and the COVID-19 pandemic: What is therole of psychiatry?
Int J Law Psychiatry. 2020 Jul-Aug;71:101594. DOI: 10.1016/j.ijlp.2020.101594.Epub 2020 Jun 2. PMID: 32768101;
PMCID: PMC7264022.
11
Malik JS, Nadda A. A Cross-sectional Study of Gender-Based Violence against Men in the RuralArea of Haryana,
India.
Indian J Community Med
. 2019;44(1):35-38. DOI:10.4103/ijcm.IJCM_222_18
11
 almost half of the cases, the husband initiated physical and emotional
violence. Gender symmetry does not exist in India for physical violence.
Less family income, education up to middle class, nuclear family setup, and
perpetrator under the influence of alcohol were identified as risk factors.
Earning a spouse with education up to graduation is the risk factor for
bidirectional physical violence.

4) Rehan and Deepika12 domestic violence in India. The interesting thing

that India has one of the best legislations in the world for domestic violence-
related cases. In 1983, India's Parliament added Section 498A to the Indian
Penal Code (IPC), That allows women and on relatives on her behalf
allowed to seek legal action on dowry related issues. Similarly, sec. 304-B
was added to the IPC. In The Year 2005, The parliament of India passed a
legislation to protect women from domestic violence in India. The Act also
empowers the state to pass protective orders (that the police must enforce)
and to appoint special "protection officers" assigned to assist domestic
violence victims in obtaining medical care and in the filing of domestic
violence reports.'

B. OBJECTIVE OF RESEARCH

1 To study the concept of Domestic Violence In India

2 To study the existing laws relating to Domestic Violence In India

3 To find out the effectiveness of law relating to Domestic Violence In

India

4 To collect the data on of the laws while implementing

5 To study the method of Domestic Violence in India

6 To give suggestions on the guidelines on the Domestic Violence In India

and the special legislation on Domestic Violence In India.

12
Abeyratne, Rehan, and Dipika Jain. "Domestic Violence Legislation in India: The Pitfalls of aHuman Rights Approach
to Gender Equality. "American University Journal of Gender SocialPolicy and Law 21, no. 2 (2012): 333-378

12
 C. SIGNIFICANCE OF STUDY
A significant lacuna has existed in the capacity of any legal system to
accommodate cases of everyday domestic violence in the lives of women something
that has been restricted to the private domain. Interference into "domestic privacy"
has traditionally been seen as a greater evil than actual violence inflicted upon a wife.
However further step came in understanding domestic violence as a violation of
human rights itself and attempts were made to dissolve the same. Ordinary laws of
cruelty, assault, etc., were seen as inadequate when dealing with violence within a
domestic relationship

In this paper, the researcher shall explore the widespread issue of

corruption in India, it’s leading causes and consequences along with the legal
equipment to combat and remedy the ever-rising problem. The researcher also intends
to make reasonable and efficacious suggestions to complement the existing laws and
regulations.

D. HYPOTHESIS

Current legislative framework on domestic violence is inadequate to curb the

menace of offences against women .

E. SOURCE OF DATA COLLECTION

People from the Legal fraternity including practicing Advocates, Law teachers
and law students were taken into consideration and were selected as interviewers. The
questionnaire is prepared and the data has been collected through questionnaire as well
as by personal interviews of the above personnel from the district of Aurangabad 16 in
Maharashtra state. For collecting more precise data the common people have also been
interviewed by circulating questionnaire duly prepared for the purpose of empirical
study The researcher has sought suggestions from the Legal luminaries and common
people at large.

13
F. RESEARCH METHOD

The non-doctrinal research has been opted for by the researcher. Non-
doctrinal research, also known as socio-legal research , is research that
employs methods taken from other disciplines to generate empirical data that
answers research questions. It employs primary sources of legal information to
reach the conclusion. Primary sources may include observations, surveys,
questionnaires, interviews etc.

14
 Chapter No. 2
CONCEPT OF DOMESTIC VIOLATION
IN INDIA

Development is about insurance of human rights of the concerned populations. It

pre- assumes dynamic support of the population in the decision making forms while
social justice stays a standout amongst the most essential and esteemed objectives of
development. Nonetheless, logical inconsistencies do stay because of different
procedures among countries at a global dimension, yet in addition essentially inside
areas of population inside a nation. Individuals keep on being marginalized based on
caste, class, religion, ethnicity, shading, and sex and so forth in India. Discrimination
and exploitation based on sex constitutes a serious issue which adequately implies
that a large portion of the human race is unfit to realize its potential and condemned
to imperfect benchmarks of existence.
Women's entrance to instruction, health, employment and political spaces still stay
inaccessible objectives in numerous countries of the world. A standout amongst the
most serious impediments to women's development is the marvel of proceeding and
expanding savagery against them. Obviously, this constitutes a serious violation of
women's human rights. Savagery against women is a standout amongst the most huge,
yet minimal comprehended and recognized consider instrumental the wonder of
marginalization of women in the development forms. Sex brutality shows itself in
different structures female foeticide and child murder, sexual abuse, interbreeding,
molestation, sexual harassment at work and on the streets, marital rape, domestic
savagery as spouse assault and woman battering. In certain spots, there exist culture-
explicit types of savagery against women like female genital mutilation in some
African nations and harassment/murder/beating for endowment in India. Of the
considerable number of types of savagery that women face, domestic brutality
remains the least detailed and to a great extent smothered.

a) CONCEPT OF DOMESTIC VIOLATION

Domestic violence is violence committed by someone in the victim’s domestic
circle. This includes partners and ex-partners, immediate family members, other
relatives

15
 and family friends. The term ‘domestic violence’13is used when there is a close
relationship between the offender and the victim. There is usually a power gap
between them. The victim is dependent on the offender. Domestic violence can take
the form of physical, sexual or psychological abuse. Domestic violence (also named
domestic abuse or family violence) is violence or other abuse in a domestic setting,
such as in marriage or cohabitation. Domestic violence is often used as a synonym for
intimate partner violence, which is committed by one of the people in an intimate
relationship against the other person, and can take place in heterosexual or same-sex
relationships or between former spouses or partners. In its broadest sense, domestic
violence also involves violence against children, parents, or the elderly. It takes
multiple forms, including physical, verbal, emotional, economic, religious,
reproductive, and sexual abuse, which can range from subtle, coercive forms to
marital rape and to violent physical abuse such as choking, beating, female genital
mutilation, and acid throwing that results in disfigurement or death. Domestic
murders include stoning, bride burning, honor killing, and dowry death (which
sometimes involve non-cohabitating family members). Domestic violence often
occurs when the abuser believes that abuse is an entitlement, acceptable, justified, or
unlikely to be reported. It may produce an intergenerational cycle of violence in
children and other family members, who may feel that such violence is acceptable or
condoned. Many people do not recognize themselves as abusers or victims because
they may consider their experiences as family conflicts that got out of control.
Awareness, perception, definition and documentation of domestic violence differs
widely from country to country. Domestic violence often happens in the context of
forced or child marriage.

b) FORMS OF DOMESTIC VIOLENCE

• Child abuse;

• Senior abuse;

• Honour-based violence such as honour killings, female genital mutilation

(‘female circumcision’) and forced marriage;
All forms of abuse by an intimate partner or former intimate partner, including
psychological abuse and stalking.

13
Protection of women from Domestic Violence Act, 2005
16
 c) CAUSES OF DOMESTIC VIOLATION
There is no uniform or single reason that leads to domestic violence. It is a
combination of various sociological/behavioral, historical, religious, and cultural
factors that lead to perpetration of domestic violence against women.

i. Sociological/Behavioral Factors: The sociological, behavioral and cultural

factors include factors like anger issues/aggressive attitude, poverty/economic
hardship, difference in status, controlling/dominating nature, drug addiction,
upbringing and psychological instability (bipolarize, depression, stress, etc.)
among others. Neglect of conjugal responsibilities due to extra-marital affairs or
lack of trust also contributes to domestic violence.

ii. Historical Factors: Historical factors can be traced back to the inherent evil of
patriarchy and superiority complex that has prevailed for centuries among men.

iii. Religious Factors: A subtle form of domination on women, if not direct and
glaring, reflects in the religious sanctifications. This also contributes to
perpetration of domestic violence against women.

iv. Cultural Factors: Cultural Factors leading to domestic violence include the
desire for a male child. This obsession resulting from the lack of awareness and
inherent male superiority leads to perpetration of domestic violence against
women. This is not an exhaustive list of factors and the motivations or triggers
behind domestic violence may vary.

v. Dowry: Dowry is a form of socio-cultural factor. But, it becomes important to

separately mention it because of the rampant domestic violence cases resulting
from illegal demand of dowry. This was realized by the Parliament also because
dowry- related domestic violence has been made a separate head in the scope of
abuse resulting in domestic violence under the Domestic Violence Act.

d) EFFECT OF DOMESTIC VIOLENCE

Violence disrupts the whole existence of the women. It cuts over each portion of
society and happens in each age, racial ethnic, socioeconomic, sexual directions and
religious gatherings, and deserts extraordinary impacts on her life making her lean
delicate and frail to represent her rights as a person. It is sadly obvious that an Indian
woman has, even in her house been given 'subordinate' task to carry out. Her real
concern is required to provide food the solaces of the family as a loyal girl, adoring
17
 mother, and devoted little girl in law, and reliable compliant spouse. She is maybe
everything aside from an individual keeping pace with her partner—the man.
The outcomes of domestic violence on women are multidimensional which
incorporate physical, mental, health, and so on. As the perpetrators of harsh conduct
can cause a variety of health problems and physical wounds, where an unfortunate
casualty may require prompt restorative consideration, hospitalization for genuine
strikes direct physical effects of domestic violence run from minor scratches or
cracked issues that remains to be worked out wounds causing passing as well The
circuitous physical effects run from repeating cerebral pains or stomach yearn to
extreme health problems due to retained therapeutic considerations and prescriptions
Due to physical wounds and now and again the hospitalization they experience the ill
effects of economic misfortune as she couldn't achieved her activity, once in a while
lose the employment and moreover need to experience restorative costs.
Domestic violence against women is a worldwide pandemic that executes torments
and mutilates physically, psychologically, sexually, and economically. Women are
regularly in an incredible risk at where they ought to be the most secure inside the
families. Home for a considerable lot of them is where they face a system of fear and
violence on account of somebody near her, someone they should trust. Those
deceived can't settle on their own choices, voice their very own assessments to ensure
them or their children for the dread of fixture repercussions.

i. Psychological effects:-

Violence leaves behind physical scars in present yet leaves mental engravings
for the installation. It incorporates high pace of nervousness, despondency,
women leave in steady dread, for example dread of questionable capricious
assault or somewhere in the vicinity. They like to leave in separation, keep away
from personal contacts with family companions because of a sentiment of
disgrace. The women experience consistent pressure, feeling of disengagement
risk loss of confidence and certainty. It dissolves her to feel that she is useless,
and slowly builds up her low confidence and blame inclination. In instances of
conjugal assault, in India, it is concealed reality behind the holy window ornament
of marriage, it leaves extreme and dependable ramifications for women^' it leaves
abbreviate effects, for example, uneasiness, stun, serious dread, misery, post
awful issue too enduring outcomes, for example, rest problems, burdensome
personality, problems of setting up connections, increment in adverse felling

18
 against self and so on. On the off chance that the children are likewise present at
the area of violence it makes extra pressure and a dread of their wellbeing as well.
Children at the area of violence create pressure related sickness, befuddled or torn
loyalties, lack of trust, disgrace, outrage and lack of self-assurance.

ii. Health consequences:-

Violence as physical wounds e.g. breaks, bums, deformation, cuts,

broken legs or arm wounds, undesirable pregnancy because of rape, gynecological
problems, premature delivery, sexually transmitted sickness, hormonal
lopsidedness, gynecological problems as unpredictable vaginal dying, constant
pelvic torment, excruciating monthly cycle and so on. Furthermore, resulting
enthusiastic flimsiness leaves behind various effects. Lack of healthy sustenance
in little youngsters triggers an endless loop under nourishment, which ranges into
adulthood and goes to the people to come. It prompts "women wastages" Maternal
death rate in India is inadmissibly high; overlooking exceptional nourishing needs
during youthfulness may render her helpless against inconveniences and mortality
during pregnancy and childbirth. Young ladies accordingly neglect to arrive at the
full development potential and when hitched early runs extensive hazard to
obstetric entanglements and bring forth low weight babies perpetuatmg the
endless loop.

iii. Social Consequences:-

Women casualties of domestic violence feel timid to confront the social

climate. Indeed, even the she feels reluctant and keep away from open interest in
social gatherings and capacities. Social orders with unfavorable female sex ratio
have shown traditions like polyandry, snatching and buy of women. Sex particular
premature births tilt the sex- proportion further against females prone to bring
sudden genuine statistic repercussions. The executing of young lady child in the
belly with the assistance of medicinal science with the utilization of tests like
amniocenteses causes impressive health effects as well as negative social worth of
women. The casualty of domestic violence represses from basic leadership and
prevents the support in public exercises. Little girls seeing the violence in early
age become sexually lenient and create contempt for male segment of society

19
 Chapter No. 3
India and Domestic Violence: An Overview

Domestic violence remains a pressing social and legal issue globally, and India is
no exception. Despite advancements in women's rights, domestic violence continues to
affect millions of women, cutting across all classes, religions, and regions. Defined
broadly, domestic violence is any form of physical, emotional, sexual, or psychological
abuse committed within the household, often by intimate partners or family members.
Although men can be victims, the overwhelming majority of reported cases involve
women as victims of male aggressors.

The scale and severity of domestic violence in India have necessitated the
formulation of comprehensive laws aimed at addressing this issue. Several statutes,
such as the Indian Penal Code, 1860, The Dowry Prohibition Act, 1961, and The
Protection of Women from Domestic Violence Act, 2005, have been introduced to
provide relief and protection to victims. These laws are critical, but challenges such as
societal stigma, lack of awareness, and ineffective enforcement often hinder their
efficacy. This article seeks to provide an overview of these legal provisions and how
they function within the broader context of combating domestic violence in India.

Law Relating to Domestic Violence in India

1) Indian Penal Code, 1860

The Indian Penal Code (IPC), 1860, is one of the foundational legal documents
that addresses various forms of violence, including domestic violence. Although the
IPC does not explicitly refer to "domestic violence," several sections within the
code criminalize acts that are commonly associated with domestic abuse.

a) Section 498A:

This is perhaps the most widely invoked section in cases of domestic violence.
Added to the IPC in 1983, it addresses cruelty to a woman by her husband or his
relatives. Under this provision, cruelty includes any willful
20
 conduct likely to drive a woman to suicide or cause grave injury to her physical
or mental health. The section also covers harassment in relation to dowry
demands.

The inclusion of mental cruelty within the purview of Section 498A was
significant as it broadened the scope of domestic violence beyond physical
abuse. However, there have been concerns about the misuse of this provision,
with allegations that women sometimes file false complaints to harass their
husbands or in-laws. The Supreme Court of India, in various judgments, has
reiterated the need for careful scrutiny of complaints filed under Section 498A
to prevent abuse of the law, while still ensuring justice for genuine victims of
domestic violence.

b) Section 304B:

This section addresses dowry-related deaths. If a woman dies within seven

years of marriage due to burns or other unnatural causes, and there is evidence
that she was subjected to cruelty or harassment over dowry demands, her
husband and in-laws can be held liable for her death. The presumption of dowry
death in such cases places a heavy burden on the accused to prove their
innocence, reflecting the severity with which dowry-related domestic violence is
treated.

c) Section 509 :

This section deals with acts intended to insult the modesty of a woman,
which can include verbal abuse or indecent gestures. While not directly related
to domestic violence, it is relevant in cases where emotional and psychological
abuse takes place within the domestic sphere.

Despite the wide applicability of these IPC provisions, their effectiveness

in curbing domestic violence has been questioned due to factors like protracted
legal proceedings, lack of awareness among victims, and societal pressures that
often deter women from reporting abuse.

21
2) Dowry Prohibition Act, 1961

The Dowry Prohibition Act, 1961, was enacted to curb the practice of dowry, a
significant contributor to domestic violence in India. Dowry involves the giving of
money, gifts, or property by the bride's family to the groom and his family at the time
of marriage. While this practice is illegal under the act, dowry demands remain
prevalent in many parts of India, often leading to severe forms of domestic violence,
including physical assault, emotional harassment, and even death.

The act makes the giving and taking of dowry a punishable offense, with
imprisonment of up to five years and a fine. It also holds both the parties to the
marriage and their families accountable for any dowry exchange, emphasizing that no
one can escape liability under the guise of tradition or culture.

Despite its strong provisions, enforcement of the Dowry Prohibition Act has
been lackluster. Dowry transactions are often concealed as gifts or voluntary
contributions, making it difficult to prosecute offenders. Furthermore, societal norms
that consider dowry a traditional practice hinder women from filing complaints.
While awareness campaigns and legal literacy programs have been initiated, changing
deep-seated cultural practices remains a challenge.

Dowry-related domestic violence continues to be a significant problem, often

manifesting in extreme cases like dowry deaths and suicides. This underscores the
importance of effective enforcement of the Dowry Prohibition Act in conjunction
with other legal frameworks.

3) The Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act (PWDVA), 2005, is the
most comprehensive piece of legislation addressing domestic violence in India.
Unlike the provisions under the IPC, which are primarily punitive, the PWDVA is
primarily protective and preventive, offering a wide array of remedies to victims of
domestic violence. The act provides a civil law remedy for the protection of women
from physical, emotional, sexual, and economic abuse.

22
• Definition and Scope :
Domestic violence is broadly defined under the act to include physical, sexual, verbal,
emotional, and economic abuse. Importantly, the act covers not only married women but also
women in live-in relationships, sisters, mothers, and daughters. This expansive definition
reflects a modern understanding of domestic violence, recognizing that abuse can occur in
various types of domestic settings.

• Protection Orders :

One of the critical features of the PWDVA is the provision for protection
orders. These orders can prohibit the abuser from committing further acts of violence,
entering the victim's residence, or attempting to communicate with the victim. This
ensures that the victim is safeguarded from further harm during legal proceedings.

• Monetary Relief and Residence Orders :

The act also provides for monetary relief, including compensation for medical
expenses, loss of earnings, and damage to property. Additionally, the act ensures that
women have the right to reside in the shared household, regardless of whether they
have any ownership rights over the property. This is particularly significant, as
women are often forced to leave their homes after incidents of domestic violence,
further marginalizing them.

• Challenges in Implementation :

While the PWDVA is a robust law, its implementation has faced several
challenges. Protection Officers, who play a crucial role in enforcing the act, are often
overburdened or inadequately trained, leading to delays in providing relief to victims.
Moreover, the lack of coordination between the judiciary, police, and support services
often leaves victims without timely protection. Furthermore, patriarchal attitudes
within society and even among law enforcement agencies hinder the effective
implementation of the act.

23
 Chapter No. 4
Effectiveness of the Domestic Violence Act:
An Analysis

Domestic violence is a pervasive issue across societies and demographics,

affecting individuals regardless of gender, economic status, or cultural background.
The implementation of specific laws, such as the Domestic Violence Act, seeks to
address and mitigate the consequences of this violence. In many countries, domestic
violence laws aim to protect victims, provide legal remedies, and hold perpetrators
accountable. One such example is The Protection of Women from Domestic Violence
Act, 2005 (PWDVA), enacted in India, which seeks to provide immediate and long-
term relief to survivors of domestic violence, offering them a path to justice and
security.

However, the effectiveness of domestic violence legislation is often debated.

While the law establishes mechanisms to protect and rehabilitate victims, challenges
arise in its implementation, ranging from social stigma to enforcement issues. This
paper will analyze the effectiveness of such laws, focusing on the types of domestic
violence addressed within the legal framework, including physical, sexual, emotional,
economic, and verbal abuse.

Types of Domestic Violence

Domestic violence manifests in multiple forms, each with unique effects on
victims. The law's recognition of these diverse forms of abuse is critical to offering
comprehensive protection and ensuring that victims' needs are met.

1) Physical Abuse :

Physical abuse is one of the most visible forms of domestic violence and
involves the infliction of physical harm on a victim. This includes acts such as hitting,
slapping, burning, choking, and other forms of assault. The primary objective of
physical abuse is often control, with the abuser asserting power over the victim
through physical domination.

24
 Under the PWDVA and similar legislation worldwide, victims of physical
abuse can seek protection orders, which restrict the abuser from contacting or
harming them further. They can also access legal remedies that may include
compensation for medical expenses and punitive measures against the abuser. Despite
the legal provisions in place, the challenge remains in ensuring that victims report
such abuse and receive timely help. In many cases, fear of retaliation and social
stigma prevent victims from taking advantage of these laws. The National Crime
Records Bureau (NCRB) data reveals that even though physical abuse remains
highly prevalent, only a fraction of incidents are reported, raising concerns about the
law's practical effectiveness14.

2) Sexual Abuse :

Sexual abuse within domestic relationships is often less discussed due to

cultural taboos and the sensitive nature of the subject. It involves any non-consensual
sexual activity imposed upon a partner, including rape, forced sexual acts, and sexual
exploitation. Despite being married or in a relationship, every individual retains the
right to consent, and any violation of this consent is a grave offense.

The law recognizes sexual abuse as a distinct category, and victims can seek
legal redress under domestic violence laws as well as through criminal statutes like
laws against marital rape, where applicable. In many jurisdictions, however, there is a
gap in legislation regarding marital rape, making it difficult for victims to obtain
justice. For instance, while the PWDVA acknowledges sexual abuse, India’s legal
framework does not fully criminalize marital rape, leaving many women without
recourse15. This highlights a limitation in the law’s ability to protect survivors of
sexual violence within marriages.

14
"Crime in India 2020," National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India.

15
"Marital Rape in India: Is it Time to Criminalise?" The Hindu, October 12, 2022.

25
 3) Emotional Abuse :

Emotional abuse, also known as psychological abuse, involves tactics that

erode the victim’s sense of self-worth and mental well-being. This can include
constant criticism, humiliation, manipulation, threats, and isolation from family and
friends. Unlike physical abuse, the scars left by emotional abuse are not visible,
which makes it harder to prove in a court of law.

Despite this, the PWDVA and similar laws recognize emotional abuse as a
serious form of violence that can have long-lasting effects on the mental health of
victims. The Act allows victims to file for protection orders and monetary
compensation for the emotional damage caused. However, enforcing laws related to
emotional abuse remains difficult due to the subjective nature of such violence and
the lack of tangible evidence, leading to underreporting16. The psychological impact
on victims is profound, with survivors often experiencing depression, anxiety, and
post-traumatic stress disorder (PTSD). Legal systems must continue to evolve in how
they approach and address emotional abuse.

4) Economic Abuse :

Economic or financial abuse is a less recognized but equally damaging form

of domestic violence. It involves controlling a victim’s access to financial resources,
preventing them from working, or making independent financial decisions. In many
cases, the abuser may withhold money, steal the victim’s assets, or sabotage their job
opportunities, leaving them financially dependent and trapped in the abusive
relationship.

The PWDVA specifically includes provisions against economic abuse,

acknowledging the importance of financial autonomy for victims seeking to leave
abusive relationships. Victims can request financial compensation or seek
maintenance and residence rights under the Act. However, the implementation of
these provisions can be problematic. In many instances, the victim’s lack of access to

16
Anitha, Sundari. "Legislating Gender Violence: Lessons from Feminist Approaches to Domestic Violence Law."
Journal of Gender Studies, 2020.
26
 legal aid or knowledge of their financial rights impedes their ability to seek justice17.
Furthermore, societal norms and economic pressures may force victims to stay with
their abusers despite the legal remedies available.

5) Verbal Abuse :

Verbal abuse, while often dismissed as less harmful than physical violence,
can have severe psychological impacts on victims. It includes yelling, name-calling,
making threats, and using degrading language. Verbal abuse can erode a person’s
confidence and contribute to a toxic environment of fear and control.

The PWDVA recognizes verbal abuse as part of the broader category of

emotional abuse. Victims can seek protective measures similar to those available for
other forms of abuse. However, proving verbal abuse in court remains challenging,
especially without recordings or witnesses. This limits the effectiveness of the legal
system in addressing verbal abuse comprehensively. Moreover, victims may not
consider verbal abuse as serious as other forms of domestic violence, leading to
underreporting and reluctance to pursue legal action18.

17
"Domestic Violence Act, 2005: Judicial Interpretation," Indian Law Journal, Vol 34, 2021.

18
"Challenges in Addressing Verbal and Emotional Abuse," Women’s Rights Journal, 2019.

27
 Questionnaire:

1. Which of the following types of domestic abuse do you know?

2. Have you or anyone you know suffered from domestic violence?

3. What type of domestic violence have you or someone you know experienced?

4. How was her relationship with the abuser?

5. Did you know that women and children are not the only victims of domestic violence,
but did you know that there are men too?

6. Did you know that children who experience domestic violence are more likely to be
adult perpetrators?

7. Are there accessible support systems (shelters, counseling, legal aid) for victims of
domestic violence in rural areas?

8. Do victims of domestic violence often avoid reporting incidents due to fear of stigma
or reprisal?

9. Has the COVID-19 pandemic contributed to an increase in domestic violence cases

against women?

10. Is more funding needed for shelters and resources for women affected by domestic
violence?

11. Should there be stricter laws to protect women from domestic violence?

12. Do you think current penalties for domestic violence sufficient to deter offenders?

13. Is there a need to amend or make new punishment or penalties to victim of

domestic violence give your opinion.

28
GRAPHICAL ANALYSIS OF COLLECTED DATA

Que. No. 1. Which of the following types of domestic abuse do you know ?
Responses 10: Physical- 07, Sexual- 03, Mental- 05

Mental
33% Physical
Physical
47% Sexual
Mental

Sexual
20%

Que. No. 2. Have you or anyone you know suffered from domestic violence?
Responses 10: Yes- 06, No- 04

No
40%

Yes
60%

Que. No. 3. What type of domestic violence have you or someone you know
experienced?
Responses 10: Hitting, Slapping - 06
Pulling Hair - 04
Been Burns - 02

6
5
4
3
2
1
0
Hitting Pulling Hair Been Burns

29
Que. No. 4. How was her relationship with the abuser?
Responses 10: Husband – 07, Family Members- 04

Family
members

Husband

Que. No. 5. Did you know that women and children are not the only victims of
domestic violence,but did you know that there are men too?
Responses 10: Yes- 03, No- 07

0
Yes No

Que. No.6 . Did you know that children who experience domestic violence are
more likely to beadult perpetrators?
Responses 10: Yes- 06, No- 04

No, 4

Yes, 6

30
Que. No. 7 Are their accessible support systems (shelters, counseling, legal aid)
for victims of domestic violence in rural areas?
Responses 10: Yes- 03, No- 07

No

Yes

0 1 2 3 4 5 6 7

Que. No. 8. Do victims of domestic violence often avoid reporting incidents due
to fear of stigmaor reprisal?
Responses 10: Yes- 09, No- 01

No, 1

Yes, 9

Que. No. 9. Has the COVID-19 pandemic contributed to an increase in

domestic violence casesagainst women?
Responses 10: Yes- 05, No- 05
6

0
Yes No

31
Que. No. 10. Is more funding needed for shelters and resources for women affected
by domestic violence?
Responses 10: Yes- 08, No- 02

0
Yes No

Que. No.11. Should there be stricter laws to protect women from domestic
violence?
Responses 10: Yes- 07, No- 03

No, 3

Yes, 7

Que. No. 12. Do you think current penalties for domestic violence sufficient to
deter offenders?
Responses 10: Yes- 01, No- 09

No

Yes

0 1 2 3 4 5 6 7 8 9

32
 CONCLUSION AND SUGGESTION

Conclusion:
The survey data provides a detailed snapshot of the current understanding and
experiences of domestic violence, with several key findings emerging. Firstly, there is a notable
awareness of physical abuse, which is recognized by a majority of respondents. However,
mental and sexual abuse are less acknowledged, suggesting a need for broader education on the
various forms of domestic violence. The personal experiences shared indicate that domestic
violence is a significant issue, with a majority of respondents either having direct experience or
knowing someone affected. The types of abuse most frequently reported are hitting and
slapping, highlighting the prevalence of physical violence.

The relationship between victims and abusers predominantly involves intimate partners,
such as husbands, and family members, underscoring the often domestic and personal context
of abuse. Despite this, there is a lack of awareness regarding male victims of domestic violence,
pointing to a gap in public understanding that needs to be addressed through targeted
educational efforts. Additionally, the data reveals that children exposed to domestic violence
are at a higher risk of becoming perpetrators themselves, emphasizing the need for
interventions that address the long-term effects of witnessing abuse.

The survey also highlights significant gaps in support systems, particularly in rural areas
where resources such as shelters and counseling are less accessible. This disparity suggests that
more efforts are required to ensure that victims in less accessible regions receive the help they
need. The overwhelming perception that victims avoid reporting incidents due to fear of stigma
or reprisal indicates a critical barrier to addressing domestic violence, which needs to be tackled
through increased support and protective measures.

Overall, the survey reveals a strong demand for enhanced support systems, better
education, and more robust legal measures to combat domestic violence. Addressing these areas
through focused research and policy development will be crucial in improving the response to
domestic violence and ensuring that victims receive the protection and support they need.

33
 SUGGESTIONS:
1. Comprehensive Understanding of Abuse Types: Future research should focus on
expanding awareness and understanding of the different types of domestic abuse beyond
physical violence. Investigating the prevalence and impact of mental and sexual abuse can
help in creating a more comprehensive approach to domestic violence.
2. Gender Inclusivity in Domestic Violence Studies: Given the lack of awareness about
male victims, research should include a focus on domestic violence against men and the
barriers they face. This will contribute to a more inclusive understanding of domestic
violence.
3. Long-Term Effects on Children: Investigate the long-term psychological and behavioral
impacts on children who witness domestic violence. This research can inform interventions
and preventative measures to break the cycle of violence.
4. Rural Support Systems: Conduct in-depth studies on the availability and effectiveness of
support systems in rural areas. Identifying the gaps and challenges can lead to targeted
efforts to improve resources and accessibility for rural victims.
5. Impact of COVID-19: A focused study on the effects of the COVID-19 pandemic on
domestic violence rates is crucial. This research should examine changes in violence
patterns, reporting rates, and the effectiveness of remote support services during the
pandemic.
6. Effectiveness of Legal Reforms: Explore the impact of stricter laws and penalties on
domestic violence deterrence. Research should assess whether legal reforms lead to tangible
improvements in victim protection and reductions in domestic violence incidents.
7. Awareness Campaigns: Evaluate the effectiveness of public awareness campaigns in
changing perceptions about domestic violence and encouraging reporting. Research should
aim to develop strategies for increasing awareness and reducing stigma associated with
domestic violence.
8. Resource Allocation: Study the allocation and utilization of funding for domestic violence
resources. Understanding how funds are distributed and used can inform recommendations
for more effective resource management and support services.

34
 BIBLIOGRAPHY

Books :
1. "Domestic Violence: A Multi-Agency Perspective" by David J. Wilson and
Jennifer A. Wittington

2. "Theories of Domestic Violence: A Review" by K. Michael and L. Johnson

3. "Intimate Partner Violence: A Health-Based Approach" by Susan R. Decker

4. "The Impact of Domestic Violence on Children and Adolescents: A Review of

the Literature"** by Heather A. Williams

35