Topic – A Brief study of Domestic violence against adult and adolescent female and its cost.
Author – Aayushi Jain student at Indore Institute of Law.
INTRODUCTION
Domestic violence is one of the most prevalent violence against female worldwide. It is seriously related to public health concern in every society, culture, tradition, religion which also leads to negative impact on mental as well as a physical health of victim. Domestic violence as per World health organization (WHO) is defined as a use of sexual, psychological as well as a physical coercive force or acts against the adults or adolescent women by man it is not only respected to violence by husband but it can be by boyfriends’ other family members, siblings, in laws. As per report generally females try to hide violence from society. Physical torture mistreatment is the most common violence in the many homes of India. Women of India has been given protection with the help of several laws but despite of that 45% of women exposed to violence and acknowledgement of that violent sometime become invisible from the eye of law. It is critical to research on domestic violence as most of the female wants to keep information confidential and intimate. Main cause of domestic violence is poor economic condition and educationally backward status of female.
REASONS OF DOMESTIC VIOLENCE
Lack of education, poor economic condition, mental problem, lack of compromising nature upbringing are the major reasons of domestic violence and a belief of a person that abuse whether physical or verbal will not result in any legal process or the offenders get rid from the punishment. Main reason of violence in any relationship is to established and exercise power or control over other partner, male who abuses female possess some special characteristics- some of them are narcissistic, they put their needs over the other as more important, manipulative in nature, lack of empathy and only want to achieve their self-desire with power or control. Sometimes women are treated as less valuable than man due to which it makes the perception in the mind of man that they have a right to control their relation weather it will be with the help of violence or any other unlawful manner. Poverty also acts as a fuel to the domestic violence.
TYPES OF DOMESTIC VIOLENCE
- Physical Violence – This type of abuse causes body pain, harm to life or health, harm to development or growth of victim person. It can also be called as visible abuse. which can be seen through eyes it includes burning, killing, beating, kicking, slapping someone punching on body etc.
- Sexual Abuse – when victim was forced by the abuser to make sexual relation or when forcibly abuser do any act of sexual nature which is against the will of victim person than this attempt or act or behavior of accused is treated as a sexual abuse. It include forcing women to watch pornography, to have sexual intercourse and demeaning etc.
- Abuse verbally or by emotion – this type of abuse can also be understood as mental abuse which cause danger to victim’s self-worth and self-esteem. Doing force to get married without will, taking Dowry, preventing victim to get married to a person of her choice or to force her to marry particular person not of her choice due to which victim has to suffer from depression, eating disorders and suicide.
- Abusing person economically or financially – When one partner access all the financial or economical resources and restrain the other partner to access due to the upper power over relationship then this behavior comes under the financial or economical abuse. It includes restarting women to use her wages, not providing adequate mean to support her child, preventing her from doing job or carrying on any employment.
LAWS FOR PREVENTION OF DOMESTIC VIOLENCE
As due to increase in a rate of domestic violence it is necessary to have well codify law to protect women from domestic violence some important provisions are:
- Section 498 (A) of Indian Penal Code
This provision talks about the cruelty on women by husband and his relatives the main reason behind the incorporation of this provision is to protect women from torture or ill-treatment by husband or his relative. It basically provides matrimonial relief and also provide imprisonment punishment for accused or offenders.
- Protection of women from domestic violence act 2005
In 2005 this legislation was enacted and the main objective of enactment is to provide punishment and to protect women from offenders. This act serves as a guard to women and help to provide justice in easy and effective way it also aims to reduce or prevent the domestic violence by implementing awareness program and by enforcing harsh punishment for culprits. This law is governed according the international standard for the protection of women from domestic violence.
EFFECT OF DOMESTIC VIOLENCE
Domestic violence act as drain on society. It has a multidimensional impact on the economy as well as health condition it may be either for short term of a long term. As due to physical psychological and emotional torture it become difficult for women to work and to do job productively which ultimately affect the economic condition of nation. During downturns rate of domestic violence increases automatically which causes the more economic cost and its recovery for nation become more challenging.
WAYS TO OVERCOME FROM PROBLEM OF DOMESTIC VIOLENCE
- Know the Indications
First and foremost way to overcome from the problem of domestic violence is to get familiar with it indicators or sign but the indicators of domestic violent can be vary because there are different types of domestic violence like physical, mental, virtual, emotional and many more it is not always limited to physical attacks sometime it become difficult to identify the victim of domestic violence that’s why it’s necessary to understand the sign of domestic violence.
- Educate community
Education is a one of the most powerful tools to eradicate domestic violence to overcome from domestic violence it is necessary to educate community as well as individual about the domestic violence it’s a effect or legal ways to get rid of it and this can be done with the help of collaborations with the local School officers, local organization, with women organization or Shelters and with the help of seminars.
- Use technology for boosting community support
Today for the safety of women’s Government of India introduced so many safety apps for women safety but one of the biggest loop holes in this is that the victim must have smartphone without it, it is not possible to use safety apps.
- Dial emergency numbers
If one feels that the situation become out of his hand to handle than he/she has to immediately dial emergency number to protect victim and provide information related to location name and for the necessary details to authorities some helplines are local violence shelter or local area police.
- Provide reassurance
If victims is a person to whom you know then show some kindness towards her or try to provide her relief by providing necessary resources. Your gesture of kindness may provide her relief. Try to build confidence in her to fought for herself.
SOME IMPORATANT JUDICIAL PRONOUNCEMENT
- SANDHYA WANKHEDE Vs. MANOJ BHIMRAO WANKHEDE (Criminal appeal 271/2011)
ISSUE – Weather of female family member or relatives of husband can be a respondent in domestic violence case or not?
JUDGEMENT – This case is controversial to section 2(q) of domestic violence act this section define ‘respondent’ as an adult male living in domestic relationship with victim and provision of this section explain that female living in domestic relationship can also sort for relief against relative of her husband supreme court in this case held that section 2(q) or its provision not only covers husband or male members but it also covers female relative member of husband.
- MEENAVATHI Vs. SENTHAMARAI SELVI (CRL.O. P (Md) NO. 12092 of 2008)
ISSUE- Whether female relative of husband who is respondent under section 2(q) can be order by magistrate under section 19(1)(b) to remove herself from the share household??
JUDGEMENT – Section 19 proviso provided that under section 19(1)(b) of domestic violence act no order can be passed by magistrate again the female member similarly court observe that order can be passed under 19(1)(b) to remove male members with particular direction and to protect interest of aggrieved women.
