<–2/”>a >Violence against Women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women. The United Nations Declaration on the Elimination of Violence against Women, General Assembly Resolution, December 1993.
Domestic violence is one of the most common crimes against women which is inextricably linked to the perpetuation of patriarchy. Domestic violence refers to violence against women not only in matrimonial homes but also in live-in relationship. Domestic violence is recognized as the significant barrier in the path of Empowerment/”>Women Empowerment and also skews the democratic set up of the Polity. India has specifically legislated Domestic Violence Act in 2005 to reduce the violence against women but the same has bore mixed result as of now.
Domestic Violence: The term domestic violence includes elaborately all forms of actual abuse or threat of abuse of physical, sexual, verbal, emotional and economic nature that can harm, cause injury to, endanger the Health, safety, life, limb or well-being, either mental or physical of the aggrieved person. The definition is wide enough to cover child sexual abuse, harassment caused to a woman or her relatives by unlawful dowry demands, and marital rape.
Domestic violence can be physical, emotional, psychological, financial, or sexual. Being victimized by a situation of domestic violence can create feelings of helplessness and even self-doubt.
Physical abuse includes:
? pushing, throwing, kicking
? slapping, grabbing, hitting, punching, beating, tripping, battering, bruising, choking, shaking
? pinching, biting
? holding, restraining, confinement
? breaking bones
? assault with a weapon such as a knife or gun
? burning
? murder
Verbal or nonverbal abuse of a spouse or intimate partner may include:
? threatening or intimidating to gain compliance
? destruction of the victim‘s personal property and possessions, or threats to do so
? violence to an object (such as a wall or piece of furniture) or pet, in the presence of the intended victim, as
? a way of instilling fear of further violence
? yelling or screaming
? name-calling
? constant harassment
? embarrassing, making fun of, or mocking the victim, either alone within the household, in public, or in front of family or friends
? criticizing or diminishing the victim‘s accomplishments or goals
? not trusting the victim‘s decision-making
? telling the victim that they are worthless on their own, without the abuser
? excessive possessiveness, isolation from friends and family
? excessive checking-up on the victim to make sure they are at home or where they said they would be saying hurtful things while under the influence of drugs or alcohol, and using the substance as an excuse to say the hurtful things
? blaming the victim for how the abuser acts or feels
? making the victim remain on the premises after a fight, or leaving them somewhere else after a fight, just to ?teach them a lesson?
? making the victim feel that there is no way out of the relationship
Sexual abuse includes:
? sexual assault: forcing someone to participate in unwanted, unsafe, or degrading sexual activity
? sexual harassment: ridiculing another person to try to limit their sexuality or reproductive choices sexual exploitation (such as forcing someone to look at pornography, or forcing someone to participate in pornographic film-making)
Basic Features of the Domestic Violence Act, 2005
- Apart from the victim herself, the complaint regarding an act or act of domestic violence can also be lodged by any person who has a reason to believe that‘ such an act was committed or is being committed. This means that neighbors, social workers, relatives can also take initiative. And the provisions of the Domestic Violence Act make sure that no criminal, civil or any other liability‘ lies on the informer, if the complaint is lodged in good faith.
- The magistrate has been given powers to permit the aggrieved women to stay in her place of adobe and she can not be evicted by her male relatives in the retaliation.
- The respondent can be prohibited from dispossessing the aggrieved person or in any other manner disturbing her possessions, entering the aggrieved person‘s place of work, if the aggrieved person is a child, the school. Also magistrate can bar the respondent to communicate with aggrieved person by ?personal, oral, written, electronic or telephonic contact.
- The magistrate can impose monthly payments of maintenance. The respondent can also be ordered to meet the expenses incurred and losses suffered by the aggrieved person and any child of aggrieved person as a result of domestic violence. It can also cover loss of earnings, medical expenses, loss or damage to property. Under Sec 22 magistrate can make the respondent pay compensation and damages for injuries including mental torture and emotional distress caused by act(s) of domestic violence.
- Penalty up to one-year and/or a fine up to Rs. 20,000/- can be imposed under under the act. The offence is also considered cognizable and non-bailable while Sec 32 (2) goes even says that under the sole testimony of the aggrieved person, the court may conclude that an offence has been committed by the accused?.
- The act ensures speedy Justice as the court has to start proceedings and have the first hearing within 3 days of the complaint being filed in the court and every case must be disposed off within a period of sixty days of the first hearing.
- The act makes provisions for state to provide for protection officers and status of service providers‘ and ?medical facility‘.
- Chapter 4 Sec 16 allows the magistrate to hold proceedings in camera if either party to the proceedings so desires.
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The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is an Act of the Parliament of India enacted to provide for more effective protection of women from domestic violence. The Act defines domestic violence to include physical, emotional, sexual, verbal, economic, and religious abuse. It also provides for protection orders, remedies, and procedures to be followed in cases of domestic violence.
The Act defines domestic violence as “any act, omission or commission or conduct of a husband or his relative against a woman, being his wife, which causes or is likely to cause physical, sexual, emotional, economic, verbal or any other type of abuse including stalking”. The Act also includes acts of domestic violence committed by a man against a woman who is living in a domestic relationship with him, irrespective of whether they are married or not.
The Act provides for protection orders, which can be issued by a Magistrate to protect a woman from domestic violence. A protection order can include orders restraining the abuser from contacting the woman, entering her home or workplace, or threatening or abusing her. The Act also provides for remedies such as compensation, maintenance, and medical expenses for the victim of domestic violence.
The Act also provides for a procedure to be followed in cases of domestic violence. The woman can file a complaint with the police or a Magistrate. The police are required to register the complaint and investigate the matter. The Magistrate is also required to take cognizance of the complaint and issue a protection order if necessary.
The Act also provides for offences and penalties for domestic violence. Any person who commits an act of domestic violence is punishable with imprisonment for a term of up to three years, or with fine, or with both. Any person who contravenes a protection order is punishable with imprisonment for a term of up to one year, or with fine, or with both.
The Act has been instrumental in providing protection to women from domestic violence. It has also helped to raise awareness about domestic violence and the need for its prevention. The Act has been a landmark legislation in the fight against domestic violence in India.
The Act has been praised by many for its comprehensiveness and for providing a much-needed legal framework to address the issue of domestic violence. However, the Act has also been criticized for some of its provisions, such as the requirement for the woman to file a complaint with the police or a Magistrate before a protection order can be issued. Some have also argued that the penalties for domestic violence are not severe enough.
Despite these criticisms, the Act has been a positive step in the fight against domestic violence in India. It has provided a much-needed legal framework to address the issue and has helped to raise awareness about domestic violence and the need for its prevention. The Act has also been instrumental in providing protection to women from domestic violence.
Here are some frequently asked questions and short answers about domestic violence:
-
What is domestic violence?
Domestic violence is any act of physical, emotional, sexual, or financial abuse that occurs between intimate partners. It can happen to anyone, regardless of age, race, religion, or socioeconomic status. -
What are the signs of domestic violence?
There are many signs of domestic violence, but some common ones include:- Isolation from friends and family
- Controlling behavior
- Intimidation and threats
- Damage to property
- Physical abuse
- Sexual abuse
- Financial abuse
-
What can I do if I think someone I know is being abused?
If you think someone you know is being abused, the most important thing you can do is to talk to them about it. Let them know that you are there for them and that you care. You can also offer to help them find Resources, such as a shelter or a support group. -
What are the laws against domestic violence?
In the United States, there are laws against domestic violence in every state. These laws vary from state to state, but they generally include provisions for protection orders, arrest, and prosecution. -
How can I get help if I am being abused?
If you are being abused, there are many resources available to help you. You can call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or visit their website at thehotline.org. You can also contact your local police department or a domestic violence shelter. -
What is the impact of domestic violence on children?
Children who witness domestic violence are at risk for a number of problems, including:- Anxiety
- Depression
- Post-traumatic Stress disorder
- Behavioral problems
- Academic problems
- Substance abuse
- Relationship problems
-
How can I help children who have witnessed domestic violence?
If you are concerned about a child who has witnessed domestic violence, there are a number of things you can do to help. You can talk to the child about what they have seen and offer them support. You can also encourage them to talk to a trusted adult, such as a teacher, counselor, or therapist. -
What is the long-term impact of domestic violence?
Domestic violence can have a long-term impact on both the victim and the abuser. Victims of domestic violence may experience post-traumatic stress disorder, anxiety, depression, and other mental health problems. They may also have difficulty trusting others and forming healthy relationships. Abusers may also experience mental health problems, such as anger management issues and substance abuse. They may also be more likely to commit other crimes. -
What can be done to prevent domestic violence?
There are a number of things that can be done to prevent domestic violence, including:- Raising awareness about domestic violence
- Providing Education and training about domestic violence
- Promoting healthy relationships
- Providing support for victims of domestic violence
- Holding abusers accountable for their actions
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Which of the following is not a type of domestic violence?
(A) Physical violence
(B) Emotional abuse
(C) Economic abuse
(D) Sexual abuse -
Which of the following is not a right of a victim of domestic violence?
(A) The right to live in a safe and violence-free Environment
(B) The right to protection from further violence
(C) The right to access to justice
(D) The right to be free from discrimination -
Which of the following is not a responsibility of a perpetrator of domestic violence?
(A) To refrain from committing acts of violence
(B) To provide financial support for the victim and any dependents
(C) To attend counseling or other rehabilitative programs
(D) To comply with all court orders -
Which of the following is not a way to prevent domestic violence?
(A) Raising awareness about domestic violence
(B) Providing support Services for victims and perpetrators
(C) Enforcing laws against domestic violence
(D) Blaming the victim -
If you are a victim of domestic violence, you can:
(A) Call the police
(B) Go to a shelter
(C) Seek legal help
(D) All of the above -
If you know someone who is a victim of domestic violence, you can:
(A) Offer your support
(B) Encourage them to seek help
(C) Report the abuse to the police
(D) All of the above -
Domestic violence is:
(A) A crime
(B) A health problem
(C) A social problem
(D) All of the above -
Domestic violence can have serious consequences for:
(A) The victim
(B) The perpetrator
(C) The children
(D) All of the above -
If you are a perpetrator of domestic violence, you can:
(A) Get help from a counselor or therapist
(B) Attend a batterer intervention program
(C) Take responsibility for your actions
(D) All of the above -
If you are a witness to domestic violence, you can:
(A) Call the police
(B) Offer your support to the victim
(C) Report the abuse to a shelter or other organization
(D) All of the above