Legal

Domestic Violence: Evaluating The Repercussion for Males and Females

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This Blog is written by Akshat Srivastava from Amity Law School, Noida. Edited by Ravikiran Shukre.

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INTRODUCTION:

Domestic violence is a kind of an abuse or violence which is caused in a family. It is committed by one of the people who is having an intermediate relationship against another person in hetero or same-sex connections, between the partners. Domestic violence at home includes viciousness against youngsters, teens, guardians, or the old. It took place in numerous forms like physical, verbal, passionate, monetary, strict, regenerative, and sexual maltreatment, which can go from unobtrusive, coercive structures to conjugal assault and to brutal actual maltreatment like gagging, beating, female genital mutilation, and corrosive tossing that outcome in distortion or demise. In some of the countries, Domestic violence is legally permitted and justified particularly in cases of actual or suspected infidelity on the part of the woman.

The term Domestic Violence is used when there is a close relationship between the offender and victim. Domestic Violence can appear as physical, sexual or mental maltreatment. This Article covers about what is domestic violence, what are its forms.

FORMS OF DOMESTIC VIOLENCE:

1. Child Abuse:

Child Abuse is defined as the physical, emotionally or sexual hurting, abuse, misuse, disregard or hardship of any kid. The public authority attempts to decrease kid maltreatment by supporting guardians in bringing up their youngsters and improving participation among care.

2. Senior Abuse:

Senior Abuse is a kind of a repeated action which causes harm or distress to an older person such as a spouse, partner, or family member; a friend or neighbour; or people. It does not include any general criminal activities against older persons.

3. Honour-based Abuse:

Honour based violence is defined as practices which are used to control the behaviour between the family and social groups on religious and cultural beliefs. Women, men and youngsters are involved in this abuse. For young people it is a kind of a child abuse and a serious abuse of human rights.

4. All forms of abuse by an intimate partner or former intimate partner, including psychological abuse.

KINDS OF DOMESTIC VIOLENCE:

1. Physical Abuse:

Physical abuse is an intentional act causing an injury to the body or animal in contact with one another. In most of the cases physical abuse is caused by children but adults can also be a victim as in the cases of domestic violence. Physical abuse contains more than one abuser and more than one victim. It includes physical assault, physical violence and child abuse.

2. Emotional Abuse:

Emotional Abuse is defined as the way to control over the emotions of others by criticising, blaming, embarrassing another person. A relationship is said to be emotional abuse when there is usage of bad and harsh words, bullying behaviours by one person to another.

3. Economic Abuse:

Economic Abuse is a kind of an abuse which consists of behaviours that controls victim’s ability to acquire, use and maintain resources. Economic Abuse happens when an abuser gets complete control over victim’s financial resources and includes three forms of economic abuse: economic control, employment sabotage, and economic exploitation.

IMPACT OF DOMESTIC VIOLENCE:

1. Domestic Violence has affected the victims physical, psychological the sexual health of the individuals.

2. Injuries, stress, and fear caused by domestic violence results in many medical problems like chronic pain, recurring central nervous system symptoms, and differential gastrointestinal symptoms and disorders.

3. Domestic Violence at home can cause despondency, uneasiness, and posttraumatic stress problem (PTSD).

STATUTORY PROVISIONS:

1. The Indian Penal Code Amendment in 1983:

Sec 498-A officially made domestic violence as a criminal offence which was added to Indian Penal Code 1983. The section 498 – A tells us about cruelty towards married women by husbands. A helpful clause in this section allows women to make complain about them. This is beneficial in the case where women felt scared to speak up for herself for reasons like she could be caught by her husband. The cruelties which are punishable are as follows:

Serious injury to women by her husband
Death of women by her husband
Push by the husband to women in order to commit suicide

Under this act, offenders who perform cruelty are charged as hefty fine and imprisonment up to 3 years.

2. The 2005 Protection of Women from Domestic Violence Act:

The Protection of Women from Domestic Violence Act was enacted in 2005. This law in India acknowledges that every woman has a right to be in home without violence. It is long and comprehensive law which includes several policies and procedures which are made to help woman.

It provides specific definition of domestic violence actual threats of physical, mental, sexual abuse or verbal abuse as well as harassment regarding dowry or property.
It clears rights of women to reside in a matrimonial household.
Both NGOs and divisions of Indian Government organises an awareness seminar which is attended by women who are affected by this act e.g., women in high-risk areas.

CASE ANALYSIS:

Suvetha v. State by Insp. of Police & Another:

In this case respondent 2 was married to Tutus Gunaraj. It was alleged that he has some connection with appellant and when the wife was asked about it, she said that she was ill-treated by her husband and was left to reside with mother-in-law. It was also alleged that dowry demands were made. In FIR the first informant alleged that her husband was refused to end up the illegal marriage. Her mother-in-law, husband’s aunt, aunt’s son in law and lastly, the Appellant i.e., the husband’s concubine, all abetted her husband to torture and leave her.

The supreme Court held that clause (A) deals with aggravated form of cruelty causes grave injury.

The second limb of clause (a) lays down that wilful conduct which causes grave injury or danger to life, limb or health (whether mental or physical) of the woman is to be regarded as ‘cruelty’.

When the FIR coupled with the statement of the victim woman discloses cruelty of grave nature falling within clause (a), the police officer has to act swiftly and promptly especially if there is evidence of physical violence.

CONCLUSION:

Domestic Violence is one of the unpleasant kind of abuse which is caused to all kinds of women in society. It can happen to any kind of the women from any caste, creed, race, religion etc. It is very common kind of abuse and victims often suffered from various health problems. The effects of domestic violence on our society are obviously enormous, but are impossible to measure. This study addressed a specific gap between violence and subjective well-being. This study indicates that the consequences of abuse are strongly reflected in the subjectively evaluated well-being, life management, and sense of security of the victim. The more recent and frequent the abuse, the higher its impact on well-being and sense of security was evaluated.