“The time when domestic violence is most fateful is when the person is trying to relinquish the situation.”
INTRODUCTION
The woman is the nourishing and the supreme power of this universe, gifted with a power to create, nurture and transform, clothed with strength and dignity. Then, if we look at the contrary side we live in a world where a woman is a canvass for throwing emotional baggage, a sexual object to burst out one’s frustration.
Introducing you to the world where 70% of India’s woman live into a system which touches every nation and is blameworthy to make globe sick. It is the brutal world of Domestic Violence. A world where the woman keeps fighting the battle of sexism and violence to inequality.
During the lockdown, due to COVID-19, the condition of women since then has deteriorated further during this pandemic & has become a significant issue. This Pandemic has trapped the victims of such violence in hell with no escape.
WHAT IS DOMESTIC VIOLENCE?
Domestic violence is the violence or other abuse, such as in marriage or cohabitation. Often used as a synonym for intimate partner violence which is committed by the spouse in an intimate relationship. It is termed just as another species of rape, sexual assault etc. It is conducted with catastrophic effects.
The vicious trap of domestic violence is a cycle of abuse, a plea for forgiveness and a promise to bring a change and this continuing phenomenon that keeps on catching a pace every day. The psychological dynamics of such relation is very miserable. Sustained and serious abuse further brings a rise in Battered Women Syndrome a psychological condition that makes a woman believe that she deserves such abuse.
People who find themselves in an abusive relationship often don’t feel safe or happy. However, they may feel unable to leave for many reasons. These include fear & a belief that they are the cause of the abuse. The Centres for Disease Control and Prevention (CDC) refer to the type of abuse that occurs within a relationship as intimate partner violence (IPV).
It occurs when intimacy is substituted by humiliation and beating. It includes the way the abuser manipulates the situation and the mind of the victim. The abuser ends up blaming the victim and then ultimately perpetrator feels justified for his action and then the violence escalates at a rapid pace than ever before. Women are treated as a sexual object, a punching bag and a target for emotional abuse. Besides all this, the sexual logic of men looks at penetration as a punishment. That’s the time when sufferings become indescribable when she faces something called ‘ownership rape ‘ rather than having ‘consensual sex’ with pleasure.
A woman keeps on suffering in this hell. The financial dependency of females on males is a major fact that makes battered wives suffer all their lives without taking any step towards change. Along with this their emotional dependency on males adds to worsening the situation. That’s when she starts feeling as bleak and helpless and exposed to the outrages of sex and realize that there is no one at her rescue. As if it was not a marriage but a mere transfer of ownership from one to another. Where things go wrong is when one forces something which is meant to be open, trusting, passionate, nurturing and alive. When all this comes from one’s intimate partner then it leads to falls dreams and rising nightmare.
LET’S BREAK THE PATRIARCHY
Now the question arises that who stands at the actual fault for all this? It is the system we are living in. A system called the patriarchal system. In general terms, we refer to it as a male-dominated system of society. The fundamental rule says that one only dominates the person he finds inferior to him. He can never do so with one whom he finds superior or equal to him. It’s all in the upbringing and yes of course in one’s heads which at last resort makes a man believe that his wife is always inferior to him and he can rule her the way he desires. The need is to eradicate the perception of women being inferior to men. If a man is the bread earner then the woman is the bread maker and things fall in place when these two catches up a pace together. When these two holds hand together, quality children are raised. Our society takes man as one to rule, command, and control his woman. The need is to break this belief of women being inferior to men and that they can be ruled by men.
PREVAILING SCENARIO DURING PANDEMIC
Domestic violence as an indoor aim is seldomly reported. It involves a pattern of psychological, physical, financial & sexual abuse. Acts of assaults, threats, humiliation & intimidation are also considered acts of violence. Domestic violence is one of the most under-reported crimes against women across the world. Even though a home may be considered a safe place for some, but it is not safe for all. In fact, with Covid-19 lockdown in place, there has been a surge in the case of domestic violence. Behind the closed door of the homes across our country, people are being tortured, beaten & killed.
This Covid-19 lockdown has intensified the deficiency in the Anti-Domestic Violence Law, even education is fruitless unless it successfully destabilizes conservative values & teaches young people modern ideals like gender inequality & respect between the partners. The rise & abuse has been steep across jurisdiction from Brazil to Germany & Italy to China. Activists & survivors say that they are already seeing an alarming rise in abuse.
The pandemic not only, women suffered from domestic violence but also children & old aged people. The reason for this upsurge because the contributory factor to this issue is stress & associated risk factors such as employment, frustration, reduce income, alcohol abuse. Drinking & domestic abuse two often go hand in hand. The WHO says alcohol can be a contributing factor. It may increase the frequency & severity of violence & be more likely to result in injury.
There are also ample statistics proving these hexed realities. According to India’s National Commission for Women (NCW), the number of domestic violence cases has shot up during lockdown in India. 1 in 3 women worldwide experience physical & /or sexual abuse from their intimate partners (WHO 2017)1. During the first four phases of the COVID-192 lockdown, Indian women filed more domestic violence complaints than recorded in a period of last 10 years. Domestic violence is endemic in societies worldwide. The control exerted by the perpetrator over the victim & sometimes family ties that unite them create a very complicated situation, often complicated further by alcohol or drug abuse.
LAWS ON DOMESTIC VIOLENCE
In India, we have the Indian Penal Code (Section 498A) as well as the Dowry Prohibition Act, Protection of Women from Domestic Violence Act,2005 etc for protecting the rights of women especially married women as well as preventing them from various offences which affect them both mentally & physically. Victims of domestic violence are protected under both central & state laws & may seek reassurance in civil as well as criminal court.
The Protection of Women from Domestic Violence Act, 2005
Also known as Domestic Violence Act 20053 which recognizes domestic violence as a human rights violation. It is defined under Section 3 of the Domestic Violence Act 2005 4. The origin of the Act lies in Article 15(2)5 of the Constitution of India5, which clearly says that the “State can make special provisions for women & children” towards promoting equality, indiscrimination & dignity towards their lives. The Act defines “Domestic Violence” for the first time in Indian law. It is a comprehensive definition & includes not only physical violence but also other forms of violence such as emotional, verbal, sexual & economic abuse.
The following are the features of the Act such as:
Under Section 14, The resource in which the victim should be provided with shelter, medical facilities legal aid whenever required, counselling as directed by Magistrate.
Under Section 9, Protecting officers whose duty is to file a domestic violence incident report & to provide the victim with medical & legal aid whenever required.
Section 22 talks about compensation to the victims,
Section 16 lays down provisions for in-camera proceedings if either party desires.
Section 21: custody of children is given to the victim &
Section 20 talks about monetary relief.
But the Act is mainly censured because it is not been backed up properly. There is no attempt by the government to protect it effectively. Important factors such as appointment & the training of the protection officers, police officers service providers & judicial officers have been ignored. The authorities lack the initiative to spread awareness. In some states, where protection officers have been appointed are not aware of their legal duties & the legal remedies that are available to the victims of domestic violence.
Section 498A of IPC
For protecting the interest of women against the cruelty they face behind the four walls of their matrimonial home, the IPC was amended in1983 & inserted Section 498A 6 which deals with Husband or relative of the husband of a woman subjecting her to cruelty (Matrimonial cruelty) & shall be punished with imprisonment for a term, which may extend to three years & shall also be liable to fine. The offence is a cognizable, non-bailable & non-compoundable offence.
“Cruelty” means any wilful conduct which is of such a nature as is likely to drive the woman to commit or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
The act of harassment would amount to cruelty for this section. Drinking & late coming habits of the husband coupled with torturing, beating & demanding dowry have been taken into consideration which amounts to cruelty within the purview of this section.
The Dowry Prohibition Act
Enacted in the year 1961 to prohibit the giving or taking of dowry. In this act, ‘dowry’ means any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to another party to a marriage at or before or at any time after the marriage in connection with the said party.
The original text of the Act was widely judged to be ineffective in curbing the practice of dowry. As a result, the legislation underwent subsequent amendment in the year 1984. It also established minimum & maximum punishments for giving & receiving dowry & created a penalty for demanding dowry.
Despite the revisions, however, the practice of dowry & dowry related violence still occurs in varying degrees within several communities.
CONCLUSION
On the whole, it depicts that the situation of Indian women is quite acute in terms of violence they experience in the marital home. Today domestic violence is being viewed as an epidemic disease that needs to be controlled. A crucial question in the light of rising instances of domestic violence is what should be done to control & minimize it. We need more stringent laws to curb domestic violence to protect the rights of women. Even section 498A of the IPC & the Domestic Violence Act, 2005 has been misused because of the circumscribed definition of the abuse that the women are subjected to.
We need to make women educationally and financially independent so they could take a step ahead and prevent themselves from being victims of such evils of society. Awareness programmes to make women aware of their rights and the laws of the country should be introduced along with more shelter homes to provide accommodation to such women in parts of the country. Training needs to be provided to develop the skills of the professionals to provide key support to the victims of domestic violence to build a healthy nation for women to live in.
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