Eleanor Finch
Domestic violence in India is a prevalent issue, with the National Commission for Women receiving 26,513 complaints in 2020-21, a 25.09% increase from the previous year. The Protection of Women from Domestic Violence Act of 2005 defines domestic violence as any act, omission, or commission that harms, injures, or endangers the health, safety, life, or well-being of the victim. This includes physical, sexual, emotional, verbal, psychological, and economic abuse, as well as threats. The law specifically protects women, who are typically subjected to violence by male members of their families or relatives, although men can also experience domestic violence. The dowry system is considered a root cause of domestic violence, with violence often occurring when demands for dowry are not met.
| Characteristics | Values |
|---|---|
| Definition | "Any act, omission or commission or conduct of the respondent that harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so." |
| First legal recognition | 1983, with the insertion of Section 498A into the Indian Penal Code |
| First significant attempt to recognise domestic abuse as a punishable offence | Domestic Violence Act 2005 |
| Forms | Physical, sexual, emotional, verbal, psychological, and economic abuse or threats of the same |
| Victims | Women, although men also suffer domestic violence |
| Dowry-related violence | Common, with the dowry system considered one of the root causes of domestic violence in India |
| Reported crime rate (2012) | 46 per 100,000 |
| Rape rate (2012) | 2 per 100,000 |
| Dowry homicide rate (2012) | 0.7 per 100,000 |
| Rate of domestic cruelty by husband or his relatives (2012) | 5.9 per 100,000 |
| Total lifetime prevalence of domestic violence among women aged 15-49 (2005) | 33.5% |
| Total lifetime prevalence of sexual violence among women aged 15-49 (2005) | 8.5% |
| Number of complaints received by the National Commission for Women (2020-21) | 26,513 |
| Percentage increase in complaints compared to 2019-20 | 25.09% |
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Dowry-related violence
In many cases, the victim keeps quiet to avoid emotional and financial distress to her family, due to her inability to stand up for herself, financial dependence, lack of education, and fear of social stigma. In 2006, a survey found that 85% of women who suffered sexual violence, in or outside of marriage, never sought help, and only 1% reported it to the police.
In 2011, the National Crime Records Bureau reported 8,618 dowry harassment deaths. Unofficial figures suggest that these numbers are at least three times as high. Despite laws against dowry deaths, such as the Dowry Prohibition Act 1961 and the more stringent Section 498a of the Indian Penal Code (enacted in 1983), these laws have been criticised as ineffective.
Under the Protection of Women from Domestic Violence Act 2005 (PWDVA), a woman can put a stop to dowry harassment by approaching a domestic violence protection officer. The PWDVA also ensures that an aggrieved wife who takes recourse to the law cannot be harassed for doing so. For example, if a husband is accused of violence, he cannot restrict the wife's continued access to resources and facilities to which she is entitled by virtue of the domestic relationship, including access to the shared household.
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Physical abuse
In India, physical abuse is the most visible form of domestic violence. It includes slapping, pushing, kicking, biting, hitting, throwing objects, strangling, beating, threatening with any form of weapon, or using a weapon. Physical injury is easier to discern than psychological harm and can be more easily identified by health professionals and legal authorities in the context of legal prosecution.
The Protection of Women from Domestic Violence Act of 2005 defines domestic violence as any act, omission, or commission that harms, injures, or endangers the health, safety, life, limb, or well-being, whether mental or physical, of the aggrieved person. This includes physical abuse, which can be a single act or a prolonged pattern of behaviour.
The Indian Penal Code, amended in 1983, includes Section 498A, which deals specifically with 'Matrimonial Cruelty' perpetrated against a woman. This section makes such cruelty a cognizable, non-bailable, and non-compoundable offence. Physical abuse can also fall under this category of 'Matrimonial Cruelty' if it causes grave injury to the victim.
The prevalence of self-reported domestic violence against women in India is high, and the rate of reported cases of cruelty by a husband or his relatives increased by 53% from 2001 to 2018. Physical abuse is often underreported due to social stigma, financial dependence, and fear of repercussions, especially in poorer families.
It is important to note that while the law provides for the security of women, there is a lack of awareness among victims, who may not know their legal rights or available recourse. Women who experience domestic violence have the right to access the services of the police, shelter homes, and medical establishments. They can also file their own complaints and seek legal redressal through protection orders, residence orders, monetary relief, custody orders, and compensation orders.
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Sexual abuse
The Protection of Women from Domestic Violence Act of 2005 defines sexual abuse as any act, omission, or commission that harms, injures, or endangers the health, safety, life, or well-being of the aggrieved person. This includes causing physical, sexual, verbal, emotional, and economic abuse, as well as harassment, coercion, or threats. The Act ensures that women have access to the police, shelter homes, and medical establishments, and can seek legal recourse without fear of harassment or restriction of resources.
The prevalence of sexual abuse as a form of domestic violence in India is concerning. The 2005-2006 National Family Health Survey-III reported that about 8% of ever-married women aged 15 to 49 from all regions of India had experienced domestic sexual violence in their lifetime. This figure includes all forms of forced sexual activity by a husband on his wife, with a higher prevalence in rural areas and among less educated women. The survey also found that 33.5% of respondents had experienced physical violence, with a concerning acceptance of spousal abuse in certain states such as Tamil Nadu, Karnataka, Andhra Pradesh, and Telangana.
The root causes of sexual abuse in the context of domestic violence in India are complex and multifaceted. They are influenced by social and cultural beliefs, such as the importance of family honour, the dowry system, and the concept of male dominance. These factors create immense pressure on women to remain silent and complicit in the face of abuse, exacerbating the issue. Additionally, there is a lack of awareness among victims about their legal options, and social stigma often prevents them from seeking help.
To address sexual abuse as a form of domestic violence in India, comprehensive strategies are needed to challenge societal attitudes and norms that contribute to its persistence. This includes education and consent education to reduce sexual violence, as well as creating safer spaces for women to seek help without fear of retribution or shame.
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Emotional abuse
The National Centre for Biotechnology Information in India found a correlation between suicide attempts and physical and psychological intimate partner violence. Emotional abuse is often linked to the dowry system, where a bride brings an amount of property or money to her husband upon marriage. If the bride's family cannot fulfil the demand, a cycle of further demands, insults, and abuse ensues. Victims often remain silent to avoid causing emotional and financial distress to their families, due to financial dependence, lack of education, and fear of social stigma.
The Protection of Women from Domestic Violence Act of 2005 defines domestic violence in India. Section 3 of the Act states that any act, omission, or conduct that harms, injures, or endangers the health, safety, life, limb, or well-being, whether mental or physical, of the aggrieved person constitutes domestic violence. This includes causing emotional abuse, as well as harassing, harming, or endangering the aggrieved person to coerce her or any other person related to her to meet any unlawful demand.
The Indian Parliament Act also prohibits a broad range of emotional abuse and ensures security for women from men in the family, including those in live-in relationships. This Act guarantees that women have access to shelter and the necessary resources to help themselves. It is important to note that the law aims to protect women from harassment for taking legal recourse against domestic violence.
While the law provides for the security of women, there is a lack of awareness among victims, who may not know their rights or how to approach the legal system. The National Commission for Women in India received an increasing number of complaints from women during the pandemic, indicating that more women were victims of domestic violence during that time.
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Legal recourse
In India, domestic violence is defined and governed by the Protection of Women from Domestic Violence Act of 2005. The Act recognises domestic abuse as a punishable offence and extends its provisions to those in live-in relationships. It also provides emergency relief for victims and legal recourse.
The Protection of Women from Domestic Violence Act of 2005 (PWDVA) offers legal recourse to victims of domestic violence. The Act defines domestic violence as:
> "Any act, omission or commission or conduct of the respondent [that] shall constitute domestic violence in case it: harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or · harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or · has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or · otherwise injures or causes harm, whether physical or mental, to the aggrieved person."
The Act ensures that victims have access to the services of the police, shelter homes, and medical establishments. It also allows victims to file their own complaints under Section 498A of the Indian Penal Code, which deals specifically with ''matrimonial cruelty' perpetrated against women. Sections 18-23 of the Act provide a range of options for legal redressal, including Protection Orders, Residence Orders, Monetary Relief, Custody Orders for children, Compensation Orders, and Interim/Ex parte Orders. The Act also makes it a punishable offence for a husband to violate any of these rights of the aggrieved woman.
It is important to note that the Act only offers relief to women, and men in India cannot avail of similar legal remedies to protect themselves from domestic violence. However, in 2016, the Supreme Court removed this discrimination by ruling that "perpetrators and abettors of domestic violence" can be women too, and striking down the words "adult male" from the domestic violence act.
In addition to the PWDVA, there are several other laws in India that address domestic violence. These include the Dowry Prohibition Act 1961, which makes the act of giving and receiving dowry a crime, and the Indian Penal Code, which includes several sections relevant to domestic violence, such as Section 304B on death due to dowry harassment, Sections 313-316 on infanticide of a girl child, and Sections 305 and 306 on abetment of suicide.
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Frequently asked questions
Domestic violence in India is defined by the Protection of Women from Domestic Violence Act of 2005. It includes any form of violence or abuse, including physical, mental, sexual, and emotional, in a domestic setting, such as in marriage or cohabitation.
The law, specifically IPC 498A, protects women from domestic violence. However, it is important to note that men can also suffer from domestic violence.
According to Section 3 of the Act, any act, omission, or conduct that harms, injures, or endangers the health, safety, life, limb, or well-being, whether mental or physical, constitutes domestic violence. This includes physical, sexual, verbal, emotional, and economic abuse, as well as harassment and threats.
Domestic violence is a punishable offence in India. Under the law, a woman who is a victim of domestic violence has the right to the services of the police, shelter homes, and medical assistance. She also has the right to file a complaint under Section 498A of the Indian Penal Code, which deals with cruelty and matrimonial cruelty.
Underreporting due to social stigma, lack of awareness of legal options among victims, and the complex dynamics of dowry, male dominance, and joint family systems are some of the key challenges in addressing domestic violence in India.
