Domestic Violence is nothing but a curse for the society and there are laws and acts to curb it from the society
Domestic violence is violence committed by someone in the victim’s domestic circle. This includes (ex) partners, immediate family members, other relatives and family friends. The term ‘domestic violence’ is used when there is a close relationship between the offender and the victim.
Domestic violence means and includes the following: causing hurt, injury or danger to life, health, safety or well-being, whether mental or physical; causing harm, injury or danger to the woman with an intention to coerce her or any other person related to her to meet any demand for dowry.
Domestic violence is not a new trend or a new concept but its traces were present in the past times as well. Domestic violence does not belong to a particular nation, religious tradition or a community, but it occurs (and is present) in every country, community or conviction. It changes its shape from time to time; likewise, our society changes its structure. In India, domestic violence cases are mostly held because of dowry. The dowry is a curse for nation but it is present in our society which changes its shape in a way of domestic violence. In this way, domestic violence is not done by any victim partner but is done by the whole family. Domestic violence is a problem for mostly uneducated women’s and in certain cases the victim is educated.
Domestic violence is not caused because of dowry only, but there are many reasons responsible for it—it is a curse, and we must try to safeguard our society from such a curse.
The earliest legislation (and laws) in the country were meant to stop violence leading to ‘dowry death’ and were implemented through the Amendment Act 1961. Gradually, with the time other provisions for protection of women against domestic violence were made: for example, Section 498-A of Indian Penal Code properly referred to as the dowry law, was introduced in 1983 to safeguard married women from harassment by the husband or his relatives; Section 304-B (dowry death) criminalizes any form of violence with respect to dowry demand by the husband or by the in-laws and a dedicated legislation that provides more effective protection of the rights of women guaranteed under the constitution against violence and kind occurring with the family called protection of women from Domestic Violence Act, 2005. (DVA)
The protection of women from DVA-2005 is an act of parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government and Ministry of Women and Child Development on 26th October 2006. The protection of women from DVA-2005 is an act of parliament of India enacted to protect women from domestic violence.
It covers mental as well as physical abuse and also threats to the same. Any form of harassment coercion harm to health, safety, limb or well-being under this act. The offence of domestic violence, according to this Act, constitutes any act or conducts of the offender that harms or injuries or endanger to the aggrieved person or to do so. It includes physical abuse, sexual abuse or coercion to meet any unlawful demand for dowry. The offence of the domestic violence is cognizable and non-bailable as per law.
Types of Domestic Violence and their Causes: There are many types of domestic violence: Emotional and verbal abuse; Physical Abuse; Sexual Abuse; and Financial Abuse.
Causes of domestic violence in India:
There is no uniform or single reason that leads to domestic violence. It is a combination of various sociological and behavioral, historical, religious and cultural factors lead to the perpetration of domestic violence against women:
(i) Sociological/ Behavioral Factors: the sociological, behavioral, cultural factors including factors like anger issues/ aggressive attitude, poverty/ economic hardship, difference in status, controlling/ dominating nature, drug addiction, upbringing and psychological instability (bi-polarism, depression, stress, etc.) among others. Neglect of conjugal responsibilities due to extra marital affairs or lack of trust also contributes to domestic violence.
(ii) Historical Factors: Historical factors can be traced back to the inherent evil of patriarchy and superiority complex that has prevailed for centuries among men.
(iii) Religious Factors: A subtle form of domination on women, if not direct and glaring, reflects in the religious sanctifications. This also contributes to perpetration of domestic violence against women.
(iv) Cultural Factors: Cultural factors leading to domestic violence include the desire for a male child. This obsession resulting from the lack of awareness and inherent male superiority leads to perpetration of domestic violence against women. This is not an exhaustive list of factors and the motivations or triggers behind domestic violence may vary.
It is because of illegal demand of ‘Dowry’, which is a form of socio-cultural factor, that rampant domestic violence cases occur in India. Therefore, it is imperative to mention it separately here. This was realized by the parliament also because dowry related domestic violence has been made a separate head in the scope of abuse resulting in domestic violence under the DVA.
Consequences of Domestic Violence against Women: Domestic violence against women can cause long term and short term physical and mental harm. Domestic violence against women also affects the children in the family causing long lasting impressions on a child’s vulnerable memory. The short term physical effects of violence can include minor injuries or serious conditions. They can include bruises, cuts, broken bones, or injuries to organs or other parts inside the body. Some physical injuries are difficult or impossible to see without scans, x-rays, or other tests done by a doctor or nurse. The long-emotional and verbal abuse might affect the women’s mood and children’s mood in their day to day activities and might also reduce the efficiency. In the long term consequences, following are included: violence against women, including sexual or physical violence, is linked to many long-term health problems. Long-term mental health effects of violence against women can include post-traumatic stress disorder, depression or anxiety. This can further lead to the problem of substance abuse and drug addiction. Sexual violence can result in irreparable injury to sexual violence and a loss of self-worth.
Taking into consideration the causes, kinds and consequences of domestic violence, it becomes evident that in our India there are many reasons for the domestic and the major factor is dowry. Though there are laws to curb it, however the need of the hour is to create awareness about the said laws and acts so that such kind of violence is curbed from the society—for domestic violence is nothing but a curse for the society.
(About Writer: The Writer is BA 6th Semester Student at Govt. Degree College Sogam (Lolab) Kupwara.)