Domestic violence is a crime, committed by partner or the family in which a partner wants to control another mentally, physically, emotionally, financially or sexually. It includes beating, hitting, mental torture through humiliating or embarrassment, forced sexual acts, repeated unwanted contacts etc.
And all this happens due to the unawareness of domestic violence protection acts. A person goes under this without even knowing it is a criminal act. This has the highest percentage in the rural areas. And when we go deep to know the sex ratios of the victims . Women are the major victims of this crime. Although, it includes men, children and elderly.
Recognition of Domestic Violence
- Physical Abuse – This includes Hitting, Beating and Choking.
- Mental Abuse – This includes humiliation, Embarrassment and threats.
- Sexual assault – This includes Coercion and to intimate without your concern even if you are married.
- Financial abuse – This include if a person wants to control others finance and withhold money.
Legal Protection Acts
- Protection of women against Domestic Violence Act, 2005 – This act directly aim towards female, married women, live-in partners to protect them from the violence done by husband, live-in partner or relatives. This law extends to the adopted sisters and mothers. This includes all types of violences mental, physical, emotional, financial or sexual.
- Section 498 A of the Indian Penal Code – Section 498 A of the Indian Penal Code penalize husband and relatives involved in the cruelty acts against the married woman. This law was inforced in 1983 to protect women against the marital cruelty. Because there were many cases in which a women was tortured for dowry and other traditions.
Protection of women and fundamental rights
- The right to be free of violence: The Supreme Court stated, any act which damages or injures or interferes with the use of any limb or faculty of a person, either permanently or even temporarily, would
be within the inhibition of Article 21. This right is incorporated in the Act through the definition of physical
abuse, which constitutes domestic violence (and is hence punishable under the Act). Physical abuse is said to consist of acts or conduct of such nature that they cause bodily pain, harm, or danger to life, limb or health, or impair the health or development of the aggrieved person. Apart from this, the Act also includes similar acts of physical violence and certain acts of physical violence as envisaged in the Indian Penal Code within the definition of domestic violence. By adoption of such an expansive definition, the Act protects the right of women against violence.
- The right to dignity The Supreme Court emphasized the fact that the right to life included in its ambit the right to live with human dignity. Basing its opinion on a host of cases that had been decided in favour of this proposition. The right to dignity would include the right against being subjected to humiliating sexual acts. It would also include the right against being insulted. These two facets of the right to life find mention under the definitions of sexual abuse and emotional abuse, respectively. A praiseworthy aspect of the legislation is the very conception of emotional abuse as a form of domestic violence. The recognition of
sexual abuse of the wife by the husband as a form of violation to the person is creditable, especially as such sexual abuse is not recognized by the IPC as an offence. These acts would fall within the confines of domestic violence as envisaged by the Act, though the definition would not be limited to it.
- The right to shelter: It was held that the right to life would include the right to shelter, distinguishing the matter at hand from Gauri Shankar vs. Union of India, 2003 (1) BLJR 535,where the question had related to eviction of a tenant under a statute. Ss. 6 and 17 of the Domestic Violence Act reinforce this right. Under S.6, it is a duty of the Protection Officer to provide the aggrieved party accommodation where the party has no place of accommodation, on request by such party or otherwise. Under S.17, the party’s right to continue staying in the shared household is protected. These provisions thereby enable women to use the various protections given to them without any fear of being left homeless.
Domestic Violence against women
Do you know according to World Health Organization (WHO) 1 in 3 women have been subjected to Domestic Violence in their lifetime.
And if we talk particularly about India domestic abuse has became is a common word. According to National Family Health Survey (NFHS-5, 2019-21) in a survey it has been proved that 29.95% women has faced Intimate Partner Violence (IPV) at least ones in a lifetime.
Domestic violence against women has become an major concern to the Government, police and the society. And some of the cases has the terrible aspects that is totally opposite the sentiments of humanity. The cruelty has passed its limits and the vulgarity has reached peak.
And women are not only the part of this violence children, men and elderly has also faced these violence. Who is to be held responsible for these acts that has become so common in India and around the Globe.
Domestic Violence Help
- National Domestic Abuse Helpline and resource of India – 112
- Domestic Violence Helpline – 18002129131
- Aks Foundation – 8793088814
Awareness
- Education – A proper guidance and knowledge should be provided to children and even to the girls who are near to get married, so they are aware of the domestic violence and his /her rights against domestic violence
- Awareness Programmes – Awareness programmes should be organised especially in the rural areas to spread awareness among the peoples and encourage them to raise voice against domestic violence against women, men, children or elderly.
- Surveys – Surveys should be conducted all the the country to know the exact report and the availability of help around the country.
Conclusion
We all should be aware of domestic violence and should raise for for those who are unable to take action for themselves and spread awareness towards domestic violence and help others.
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