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Woman is a special creation of God; hardworking and understanding, a high level of initiative full of compassion and a trend setter for progeny, despite of all the qualities of these types, the women have never been treated, equal with men in the society. Till now women are facing exploitation and discrimination and also violence from time immemorial. For women violence and discrimination are the phenomenon which starts at birth and carries on throughout their lives. Violence against women is omnipresent problem; however its intensity may vary from time to time or place to place. It is an established fact that ‘home’ is believed to be the most secure for a women. Now a day, it is said that women are often in great risk, the places, where they should be safest ie. within their families. The irony is that for many of them ‘home’ is the place where they are subjected to untold harassment, violence – physically and at times, sexually by the same male folks who are supposed to protect her honor and dignity. Women are not able to make their own decisions, voice their own opinions or protect for fear of further repercussions. Their basic rights are denied and the current threat of mass violence stole from their lives. “In Indian society, a man as a husband was to act as a provider in a family and he was to provide leadership and physical protection to his wife. Along with these duties the husband used to enjoy many rights and privileges. In Indian society, wife was considered as a property and husband ought to have control over the body and mind of his wife. A wife during that period had only duties and the first and foremost duty of a wife was to honour and serve her husband and to stay with him in every situation. Husband was given the title of Parmeshwar i.e God. The relationship between the spouse was not based on love and affection. Wives were looked at with suspicion and were secluded from outside world. The women were not able to move out without seeking the permission of their husband” . Across societies, women's human rights have been not just violated but also unrecognized because the dominant local meaning of what it means to be a human differs with gender. Women's human rights activists and scholars have dealt with intra-cultural and cross-cultural variety in the development and use of the concept of human rights to promote the rights and development of women.

Domestic Violence –A Human Rights Issue

Violence is not only a blot on a civilized society; it also is an undoubtedly serious deterrent to development of society in particular and nation as a whole. Because any type of violence is a violation of human rights, especially domestic violence is a serious violation of human rights because ‘domestic’ is the primary basic unit of any society and if its human rights are violated in any manner, the society as a whole is directly affected by it and so it is a serious deterrent to the development. These deliberations have been discussed at length and acknowledged at various International forums such as The Vienna Accord of 1994, the Beijing Declaration and the Platform for Action, 1995. Some human rights activists select a comprehensive meaning that include "structural violence" such as poverty and unequal access to health & education. Other have argued for a more moderate definition in order not to lose the actual descriptive power of the term. In any case, the need to develop the specific definition and has been acknowledged so that observation and monitoring can become more effective, specific and have a greater cross-cultural applicability.

“Domestic violence that is any act of physical, sexual or psychological abuse or the threat of such abuse, inflicted against a woman by a person intimately connected to her through marriage, family relation or acquaintanceship is universal and has its root in the socio-cultural set up of the society. The perpetrators of domestic violence have often been found to be the males and the victims, their sexual partners. Internationally, one in three women have been beaten, coerced into sex or abused in their lifetime by a member of her own family”[1]. Staring from childhood to the end of her life she has to be under the control of father or husband or the son. The subordinate status of women combined with socio-cultural norms that are inclined towards patriarchy and masculinity can be considered as an important factor determining the domestic violence.

“Domestic violence has been defined, as any act occurring between two individuals who live or have lived together that is perceived to be intended to cause physical or psychological harm. The UN special Reporter on Violence against women defines domestic violence as violence that occurs within the private sphere, generally between individuals who are related through intimacy, blood or law”[2]. “Domestic violence encompasses, but is not limited to physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation”[3]. Violence can also be perpetuated by creating complete dependence of the women on the male head of the family for meeting personal needs such as purchase of basic requirements like food and clothing, mobility and for all dealings in the public sphere.  

“The Protection of Women from Domestic Violence Act, 2005 defines that for the purpose of this Act, any act, omission or conduct of the respondent shall constitute domestic violence in case it –

(a)  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

(b) harasses, harms, injuries 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

(c) 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

(d) otherwise injuries or causes harm, whether physical or mental, to the aggrieved person”[4].

The definition refers, the gender-based roots of violence, recognising that "violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men". It broadens the definition of violence by including both, the physical and psychological harm done towards women, and it includes acts in both private as well as in public life.

Types of Domestic Violence

Domestic violence includes violence perpetrated by intimate partners & other family members, and manifested through:

(1) Physical Abuse

“Physical abuse includes the intentional use of physical force with the potential for causing death, disability, injury or harm. Physical abuse is not limited to scratching, pushing, shoving, throwing, grabbing, biting, choking, shaking, poking, hair pulling, slapping, punching, hitting, burning, use of a weapon (a gun, knife, or any other object), and the use of restraints or one’s body, size or strength against another person only. Coercing or forcing other people to perform any of the above actions has also been classified as physical abuse”[5].

(2) Sexual Abuse

“Sexual abuse can be divided into three categories :

(i) Use of physical force to compel a person to engage in a sexual act against her will, whether or not the act is completed.

(ii) An attempted or completed sexual act involving a person who is unable to understand the nature or condition of the act, to decline participation, or to communicate unwillingness to engage in the sexual act (for example, because of illness, disability or the influence of alcohol or other drugs or due to intimidation or pressure).

(iii) Abusive sexual contact that includes intentional touching directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person against her will, or of any person who is unable to understand the nature or the condition of the act, to decline participation or to communicate unwillingness to be touched (e.g. because of illness, disability, or the influence of alcohol or other drugs or due to intimidation or pressure)”[6].

(3) Psychological or Emotional Abuse

“Emotional abuse includes trauma to the victim caused by acts, threats of acts, or coercive tactics, such as those given in the list below:

Humiliating the victim; controlling what the victim is able and is not able to do; withholding information from the victim; getting annoyed if the victim disagrees; deliberately doing something to make the victim feel diminished (e.g., less smart, less attractive); deliberately doing something that makes the victim feel embarrassed; using the victim’s money; taking advantage of the victim; disregarding what the victim wants; isolating the victim from friends and family; prohibiting access to transportation or telephone; Getting the victim to engage in illegal sexual activity. However, it has been felt that this list is not exhaustive and can be extended to include many other types of behaviour that could be considered as emotionally abusive by the victim. When psychological or emotional abuse is accompanied by physical and/or sexual abuse, this is classified as psychological violence”[7].

(4) Economic Abuse

“Economic abuse is another category of violence identified by the UN Special Rapporteur on Violence Against Women. Economic abuse includes acts such as the denial of funds, refusal to contribute financially, denial of food and basic needs and controlling access to health care, employment, etc. Acts of omission are also included as a form of violence against women and girls; gender bias that discriminates in terms of nutrition, education and access to health care amounts to a violation of women's rights”[8]. 

Some of the judicially recognized kinds of Domestic Violence

(1) Dowry Death

“Dowry death is the worst form of the domestic violence. Dowry related violence is a unique problem in India; it cut across all background, be it social, cultural, economic or religious. It cut across class, caste and ethnicity. It is considered as a greatest social evil”[9]. “Dowry has been referred to as a social cancer, a cruel custom and an insult to the dignity of women”[10]. “Dowry harassment cases that erode the entire base of womanhood in India, in several cases culminating in suicide or homicide, are part of tragic drama of domestic violence being enacted everyday in some part of the country. There cannot be any second thought that brides being harassed for dowry are a blot on our society that must be erased-the sooner, the better”[11].

(2) Cruelty

“Cruelty in the form of domestic violence may be physical or mental cruelty. It is not possible to give any precise definition of cruelty. Any conduct of the spouse which causes pain and injury to the mind and consequent detriment to health of other spouse may amount to cruelty”[12].

(3) Female Foecticide

“Though the gender inequality has its roots in the Patriarchal system the society professes but the misuse of modern technology had added in following the practices of eliminating the female foetus after undergoing sex determination tests”[13]. “The female children are killed even before they acquire the age of viability in mother's womb. Female foeticide is increasing throughout India. Female foeticide is an extreme manifestation of gender violence against women where women is deemed her most basic and fundamental right—the right to life”[14].

(4) Female Infanticide

“The traditional method of getting rid of the unwanted girl was female infanticide where the female baby was done away with after birth in various ways by either poisoning, suffocating the infant under the mother after birth”[15]. Female infanticide, a most inhuman, uncivilized event is taking place silently. The entire society should fight to stop the murder of the infant female child.

(5) Incest

“Incest is one of the most ghastly crimes. The crime of incest has become rampant in Indian society. The incidence of sexual abuse of girl children is a very common affair. Incest means the sexual violation of the girl child in the family by her own relatives. Such crime threatens the fabric of family life and is always kept in dark”[16].

So, domestic violence against women is one of the most vicious among the many manifestations of the violations of the fundamental rights of women; truly, domestic violence is undoubtedly a human right issue and serious deterrent to development.

“Dowry related crimes, practices such as sati (the forced burning of the woman on the funeral pyre of her dead husband), killings in the name of honour directed against women are also crimes of violence against women. Sexual assault within marriages along with forced pregnancy also can be included as forms of violence against women at the family level along with forced abortions, sterilizations. In later life, widows and elderly woman can also face abuse”[17].

“Other forms of family violence against women include practices such as sex selective abortion and female infanticide. Thus at the family level, females fall prey to violence even before they are born, when women as mothers are forced to abort their female foetuses in the hope of a male child by performing prenatal sex determination tests. During childhood, violence against girls can include enforced malnutrition because of lack of access to food, lack of access to medical care and education, female genital mutilation as well as physical, sexual and emotional abuse. Early age at marriage, especially without the consent of the girl and before she is physically, mentally and emotionally mature is considered to be another form of violence”[18].

Causes of Domestic Violence

There are number of factors chargeable for the unabated violence against women and it differs man to man, family to family and society to society. Increasingly, research is focusing on the inter-relatedness of various factors that has to improve our understanding of the problem within different contexts. Several complexes and inter-connected institutionalised social and cultural factors, have kept women especially vulnerable to the violence directed at them; all of them expressions of historically unequal power relations between men and women. Factors contributing to these unequal power relations include:- socio-economic forces, the institution-family, where power relations are enforced and control over female sexuality, belief in the inherent superiority of males and societal sanctions that have traditionally denied women an unequal and an independent socio-legal status.

“Lack of economic resources invites women’s vulnerability to violence and their difficulty in extricating themselves from a violent relationship. The link between violence and lack of economic resources and dependence is circular. On the one hand, the threat and fear of violence keeps women away from seeking employment, or, at best, compels them to accept low-paid, home-based exploitative labour. And on the other, without economic independence, women have no power to escape from an abusive relationship”[19]. “The reverse of this argument also holds true in some countries; that is, women’s increasing economic activity and independence is viewed as a threat which leads to increased male violence”[20]. 

“Studies have also linked a rise in violence to the destabilization of economic patterns in society. Macro-economic policies such as structural adjustment programs, globalization, and the growing inequalities they have created, have been linked to increasing levels of violence in several regions”[21]. “The transition period in the states with increased in poverty, unemployment, hardship, income inequality, stress and alcohol abuse has led to increased violence in society in general, including violence against women. These factors also act indirectly to raise women’s vulnerability by encouraging more risk-taking behaviour, more alcohol and drug abuse, the breakdown of social support networks, and the economic dependence of women on their partners”[22].

The ideologies of culture in both the developed and developing countries do not differ as far as the treatment towards women is concerned. In both types of countries, women are considered to play second fiddle and this ideology puts the man as a ‘super’ to ‘legitimate’ for punishing the women – and thus the violence takes place. The punishment physical assault to wives has been particularly sanctioned under the notion of entitlement and ownership over women. Male control over family wealth inevitably places, decision-making authority in male hands; leading to male dominance and proprietary rights over female. The concept of ownership, in turn, legitimizes control over women’s sexuality, which in many statutes has been deemed essential to ensure patrilineal inheritance. But at the same time sexuality is also considered at sacred element to it are extramarital sex/pre-marital affairs. Many daughter and married women are killed in the name of honour killing. It is just super cultural ideology, egoism and a sense of possessiveness that prompt a man to take commit all sort of violence against women without looping into the logic.

“Experiences during childhood, such as witnessing domestic violence and experiencing physical and sexual abuse have been identified as factors that put children at risk. Violence may be learnt as a means of resolving conflict and asserting manhood by children who have witnessed such patterns of conflict resolution. Excessive consumption of alcohol and other drugs has also been noted as a factor in provoking aggressive and violent male behaviour towards women and children”[23].

“The isolation of women in their families and communities is known to contribute to increased violence, particularly if those women have little access to family or local organizations. On the other hand, women’s participation in social networks has been noted as a critical factor in lessening their vulnerability to violence and in their ability to resolve domestic violence. These networks could be informal (family and neighbours) or formal (community organizations, women’s self-help groups, or affiliated to political parties)”[24].

1. Advani,P., “Crime in Marriage : A Broad Spectrum”, Gopushi Publishers, Bombay, 1994. 2. The Constitution of India. 3. Coomaraswamy, “Violence Against Women: Its Causes and Consequences”, Report of the Special Rapporteur, Economic and Social Council, United Nations, New York,1996. 4. Economic Commission for Latin America and the Caribbean (ECLAC), “Domestic Violence against Women in Latin America and the Caribbean: Proposals for Discussion”, Social Development Division, Santiago, Chile, 1992. 5. Gupta S., “Incestuous Relations and Sexual Abuse of the Children in India and Abroad”, Amity Law Review, Vol.3, Part-1, 2002. 6. Heise L., Ellsberg M. and Gottemoeller M., “Ending Violence Against Women”, Population Reports, Series L, No. 11., John Hopkins University School of Public Health, Population Information Program, Baltimore, December, 1999. 7. Jena K. C, “Violence Against Women: A Human Right Violation”, AIR 2003. 8. Schuler S.R., Hashemi S.M., Riley A.P., and Akhter S., “Credit Programs, Patriarchy and Men’s Violence against Women in Rural Bangladesh”, Social Science Medicine Vol. 43, No.12, 1996. 9. Sen P., “Enhancing Women’s Choices in Responding to Domestic Violence in Calcutta: A Comparison of Employment and Education”, The European Journal of Development Research, Vol. 11, No 2, December 1999. 10. Sood A.M., “Legal Efforts for Social Reform through the Indian Supreme Court,” Harvard ILJ online, Vol.51, May 8, 2010. 11. Srivastava L., “Problem of Violence Against Women -A Multi Disciplinary Conceptual Analysis”, paper presented in National Seminar on “Women and Violence :Various Manifestation” at A.N.S Institute of Social Studies, Patna, January 17, 1988. 12. Syed K. Rashid, “Protecting the Life and Health of Unborn Children”, International Conference on Global Health Law-1997, ILJ Souvenir, New Delhi, 1997. 13. The Protection of Women from Domestic Violence Act, 2005. 14. UNICEF, “Domestic Violence Against Women and Girls”, Innocenti Digest, No 6. June 2000. 15. UNICEF, “The invisible adjustment: Poor women and economic crisis”, UNICEF, The Americas and Caribbean Regional Office, Santiago. ‘La situation de la femme malienne: cadre de vie, problèmes, promotion’ op. cit. Mazumdar, V. et al. (1995) Changing Terms of Political Discourse: The Women’s Movement in India, 1970s-1990s, Economic and Political Weekly, vol. XXX: 29. 16. UNIFEM, Biennial Report, www.unifem.org, 2001. 17. www.cdc.gov/ncipc/pub-res/ipv_surveillance/05_UNIFORM_DEFINITIONS.htm.

1. Heise L., Ellsberg M. and Gottemoeller M., “Ending Violence Against Women”, Population Reports, Series L, No. 11., John Hopkins University School of Public Health, Population Information Program, Baltimore, December, 1999.
2. UNIFEM, Biennial Report, www.unifem.org, 2001.
3. Coomaraswamy, “Violence Against Women: Its Causes and Consequences”, Report of the Special Rapporteur, Economic and Social Council, United Nations, New York,1996.
4. The Protection of Women from Domestic Violence Act, 2005.
5. www.cdc.gov/ncipc/pub-res/ipv_surveillance/05_UNIFORM_DEFINITIONS.htm.
6. Ibid.
8. Ibid.
9. Jena K. C, “Violence Against Women: A Human Right Violation”, AIR 2003, p.314-315.
10. Advani,P., “Crime in Marriage : A Broad Spectrum”, Gopushi Publishers, Bombay, 1994, p-17.
11. Times of India, January 4, 2008.
12. Rajendra Singh Joon vs. Tarawati, AIR 1980 Delhi 213.
13. Supra Note 11.
14. Hindustan Times, October 12, 2000, p-2.
15. Syed K. Rashid, “Protecting the Life and Health of Unborn Children”, International Conference on Global Health Law-1997, ILJ Souvenir, New Delhi, 1997, p-164.
16. Gupta S., “Incestuous Relations and Sexual Abuse of the Children in India and Abroad”, Amity Law Review, Vol.3, Part-1, 2002, p-79.
17. UNICEF, “Domestic Violence Against Women and Girls”, Innocenti Digest, No 6. June 2000, p.3.
18. Ibid, p.6.
19. Schuler S.R., Hashemi S.M., Riley A.P., and Akhter S., “Credit Programs, Patriarchy and Men’s Violence against Women in Rural Bangladesh”, Social Science Medicine Vol. 43, No.12, 1996, p.1729-1742.
20. Economic Commission for Latin America and the Caribbean (ECLAC), “Domestic Violence against Women in Latin America and the Caribbean: Proposals for Discussion”, Social Development Division, Santiago, Chile, 1992.
21. UNICEF, “The invisible adjustment: Poor women and economic crisis”, UNICEF, The Americas and Caribbean Regional Office, Santiago. ‘La situation de la femme malienne: cadre de vie, problèmes, promotion’ op. cit. Mazumdar, V. et al. (1995) Changing Terms of Political Discourse: The Women’s Movement in India, 1970s-1990s, Economic and Political Weekly, vol. XXX: 29, p.1866-1878.
22. UNICEF, 1999.
23. Ibid.
24. Sen P., “Enhancing Women’s Choices in Responding to Domestic Violence in Calcutta: A Comparison of Employment and Education”, The European Journal of Development Research, Vol. 11, No 2, December 1999, p.65-86.