DOMESTIC VIOLENCE

Introduction

The women of the world we live in have fought and pushed all the boundaries to lead their lives like normal human beings. Indian society has always restricted the lives of women through their moral requirements and illegitimate rules. It has been difficult for women to break down the shell of “an ideal Hindu wife” and; have always been deprived of basic human rights. The women in our country have always been prey to domestic violence in one or another way.

The women have always faced mental as well as physical harassment. The crimes against women have statistically increased in our country. In a male-dominated society, women have been victims of violence and exploitation. The male dominant society has always tried to control women in multiple ways including marriage, workplace, public places, police stations, and education institutions. In India, domestic violence is widely prevalent but largely invisible. There is a plethora of loss on various aspects of the problem of women namely demands of dowry, sexual assault, female foeticide, trafficking, sexual harassment, but the most vulnerable area is domestic violence.

The equality of status guaranteed by the Constitution of India is a myth to millions of women and they have become habitual to always stay under the blanket of human exploitation and not take any legal action. It has always been observed that most women don’t file cases against such exploitation.

The Protection of Women from Domestic Violence Act, 2005

Ordinarily, laws of cruelty, assault, etc. against women were inadequate to deal with violence against women within a domestic relationship. However, keeping in view of the rights guaranteed under Articles 14, 15, and 21 of the Constitution, the legislation “The Protection of Women from Domestic Violence Act, 2005” was enacted to protect women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. Even a single act of commission or omission may constitute domestic violence. In other words, women do not have to suffer a prolonged period of abuse before taking recourse to the law.  The law says any definition of domestic violence is a human rights violation.

The women face different types of abuse during and before their married life in their matrimonial as well as parental home. The different types of abuses are:

1. Physical Abuse is defined as any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health, or; an act that impairs the health or development of the person aggrieved, or; that includes assault, criminal intimidation, and criminal force.
2. Sexual Abuse is any conduct of a sexual nature that; abuses, humiliates, degrades, or otherwise violates the dignity of the person. The law also covers instances where a woman is forced to have sexual intercourse with her husband against her will.
3. Verbal and Emotional Abuse has been defined as insult, ridicule, humiliation, name-calling, and such acts. A woman who is insulted and ridiculed for, say, not being able to conceive, or for not having produced a male child, can now take recourse to this law. Any repeated threats to cause physical pain to any person in whom the person aggrieved is interested; in other words, if say the abuser were to threaten the children, or relatives, of the aggrieved party will also be covered under this head.
4. Economic Abuse is a very forward-thinking and important part of this definition. The deprivation of economic or financial resources to which the aggrieved woman or child is entitled under law or custom, or; which the person aggrieved requires out of necessity, can be claimed under the provisions of this law; withholding such resources now falls under the category of economic abuse. This provision comes into play in instances of marital disputes; where the husband tends to deprive the wife of necessary money as a weapon. The law also sees a husband who sells off his wife’s jewelry and assets as being guilty of economic abuse.

Conclusion

The Act provides speedy remedies to women who are subjected to domestic violence within the four walls of their house. It seeks to protect women from physical, emotional, sexual, and economic abuse. However the law at present is inadequate to tackle the problem of domestic violence effectively. Implementation/enforcement of orders is a major hindrance though positive directions are given under the Act. The confusion regarding the scope of the Act and the nature of reliefs have been removed to a certain extent due to the interpretations and; clarifications made by the Hon’ble Apex Court and Hon’ble High Courts.

Therefore, in a country like India, there always is the scope of legislation and execution of the statutes related to women, and; thus, the acts and provisions in existence are to be well-applied and; the awareness thereof is required in all parts of the country.

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Written by:

Chahat Bhatia