Author: Kajal Kamari, Netaji Subhash University, N.S.U, Jamshedpur
“It was just a slap” “This happens in every house’s” “she must have done something to provoke him”
Introduction
Understanding Domestic Violence Against Women :
Domestic violence is when someone in the family, usually a husband, hurts their wife. This problem has been around for a long time. Let’s take a look at how it developed and what it means today.
History of Domestic Violence:
Ancient India: The Manusmriti, an ancient Indian text attributed to the sage Manu, provides detailed guidelines on moral conduct, social norms, and legal matters within Hindu society. It holds significance in understanding ancient Indian culture, law, and the prescribed roles of different societal groups, including men and women. Written in ancient Sanskrit, the text is a foundational work of the Dharmashastra tradition, which focuses on laws and ethical codes intended to guide individuals in living a life aligned with Dharma (righteousness). However, one of the most contentious aspects of the Manusmriti is its stance on women, which has been the subject of debate and criticism for centuries.
The text outlines a strict, patriarchal view regarding women’s role and behavior, often suggesting that they should be subordinate to their male counterparts—whether their fathers, husbands, or sons. In particular, there are verses that permit or even encourage punitive measures against women for failing to adhere to prescribed roles or for disobeying male authority. Some verses state that a husband may discipline or punish his wife if she does not fulfill her duties, maintain obedience, or makes mistakes. Such views reflect the gender hierarchy of that era, where a woman’s autonomy was seen as limited, and her value was often tied to her ability to conform to expectations of chastity, loyalty, and subservience.
The Manusmriti, a Hindu text, discusses women in a variety of ways, including their rights, their place in society, and their relationship to men:
Protection: The Manusmriti, an ancient Hindu text, prescribes specific roles for women at various stages of life, emphasizing their need for protection by male family members. According to its verses, a woman is to be protected by her father during childhood, by her husband as a young woman, and by her son if she becomes a widow.
Independence: The Manusmriti, an ancient Hindu text, conveys a patriarchal view of women’s roles, stating that women do not have the right to independence and are considered the responsibility, or even property, of men throughout their lives.
Marriage: The Manusmriti advises that women should ideally marry within their social class but also acknowledges marriages across social classes, like those between Brahmin men and Shudra women. It generally promotes endogamy, emphasizing social harmony and structure, while also reflecting the complexities of human relationships. Such allowances for inter-class marriages demonstrate a nuanced approach, as these unions are still recognized, albeit with certain conditions and limitations.
Sexuality: The Manusmriti contains numerous rules aimed at regulating women’s sexuality and sexual life, reflecting the text’s broader goal of controlling social order. It emphasizes chastity and loyalty within marriage, placing strict limitations on women’s autonomy in choosing partners and engaging in relationships.
Respect
The Manusmriti says that women should be highly respected in the family, and that households that disrespect women may lose wealth.
Dependence: The Manusmriti promotes the idea that men should keep women dependent and under their authority to maintain social stability and family structure. It advises fathers, husbands, and sons to oversee women’s actions, aiming to preserve traditional roles and protect societal order.
Worship: The Manusmriti states that women should regard their husbands as divine figures, emphasizing the importance of devotion and reverence within the marriage relationship. This directive positions husbands in a god-like role, reinforcing male authority and the idea of women as subservient partners. Conversely, it also instructs men to view their wives as embodiments of goddesses, recognizing their worth and dignity. This dual perspective aims to foster mutual respect, but it ultimately maintains a hierarchical structure, where women’s worship of their husbands.
Legal Changes in India:
1983: The law was changed to punish husbands and in-laws for being cruel to wives. But this only applied to dowry-related violence or very serious cases.
2005: The law expanded to include verbal, emotional, economic, and sexual abuse, not just physical violence.
Why Domestic Violence Still Happens:
Social Beliefs:
Many people still believe it’s okay for men to control their wives.
Studies show that 42% of men and 52% of women think it’s okay for a man to beat his wife.
Power Dynamics:
Women are taught that they should always make their husbands and in-laws happy.
Men are often raised to believe they are in charge and that their wives should obey them.
Common Reasons for Domestic Violence:
Not asking for the husband’s permission before doing simple things like going out or talking on the phone is one of the main reasons men give for hitting their wives.
Many think that problems between a husband and wife should stay private, so women don’t have anyone to turn to for help.
The Numbers:
75% of women who experience domestic violence do not ask for help because they don’t have the support they need.
Why the System Fails:
Sometimes, judges and police officers think the same way as society and sympathize with men, making it hard for women to get justice.
The Bigger Problem:
Domestic violence isn’t just about physical violence. It’s about the lack of power that women have in their families. To stop it, we need to:
• Challenge the belief that men should control their wives.
• Teach that women have the right to live with respect and dignity.
What Feminists Are Doing:
Feminists are raising awareness through art, campaigns, and online movements. They are asking important questions about:
• Why women are expected to compromise.
• Why violence is kept a secret within families.
• Why women are not treated equally in their own homes?
‘ I remembered the line of judge “You can’t come to court every time you get slapped by your husband” . This hurts deep.
It is actually a problem in our upbringing since childhood boys are thought to be dominating and strong whereas girls are thought to be adjusting in every relationship. Our upbringing should be equal, then everything will be justified further.
Don’t you think domestic violence is like an indirect attempt to murder? Even if it’s not about killing someone directly, the constant abuse can destroy a person’s mental and emotional health. How many women end up taking their own lives because they can’t handle the suffering anymore? Isn’t it shocking that domestic violence can push someone to such an extreme? Shouldn’t we see it as a serious threat to life, even if it doesn’t involve direct physical harm?
In India, 32% of ever-married women face physical, sexual, or emotional violence from their husbands, with physical violence being the most common. Rural women are more affected than urban women, and 87% of victims do not report the abuse. In 2021, over 4,28,000 cases were reported. The Protection of Women from Domestic Violence Act (2005) defines domestic violence as physical, emotional, verbal, sexual, and psychological abuse.
Landmark domestic violence case:
Lalita Toppo v. the State of Jharkhand (2018)
Summary: The Supreme Court recognized the rights of women in live-in relationships by extending the protections offered under the Protection of Women from Domestic Violence Act. Lalita Toppo argued for maintenance under the Act despite not being legally married.
Impact: This judgment broadened the legal recognition of relationships in the context of domestic violence, making the Act applicable to those in live-in relationships and thereby offering them similar protections as married couples.
2. Inder Raj Malik and Others v. Sunita Malik (1986)
Summary: This case was one of the early instances where the courts recognized the cruelties associated with dowry demands. The court upheld that demanding dowry could constitute cruelty and thus could be penalized under existing laws.
Impact: It reinforced the judiciary’s commitment to addressing marital cruelty related to dowry, setting precedents for how such cases should be handled legally.
3. Hiralal P. Harsora and Ors. V. Kusum Narottamdas Harsora and Ors. (2016)
Summary: The Supreme Court struck down the phrase “adult male” from the definition of respondents in the Protection from Domestic Violence Act, thereby allowing women to be respondents in cases of domestic violence.
Impact: This amendment acknowledged that women could also perpetrate domestic violence, thereby ensuring that all individuals, regardless of gender, are accountable under the law.
Conclusion
Even if it’s “just one slap,” it’s never okay. Women deserve to live free from violence and with dignity, both at home and in public.
FAQS
What is domestic violence ?
Answer: Domestic violence is when someone in the family, usually a husband, hurts their wife.
The female who is in” live-in relationship” or “ relationships in the nature of marriage “is entitled for relief under the Said Act?
Answer: Yes,Sec 2(f)of the DV Act defines t Relationships he expression” Domestic Relationship”. in the nature of marriage includes those relationships where there is no marriage between the parties ,in the sense of solemnization of a marriage under any law. Yet the parties represent to the world that they are a couple and there is stability and continuity in the relationships. such relationships also known as “live-in relationship”.
Reference
