CHAPTER-1

INTRODUCTION
Violence against women and girl continues to be a global epidemic that kills, torture and maims
physically, psychologically, sexually and economically. It is one of the most pervasive of human
rights violations denying women and girls equality, security, dignity, self worth and their rights
to enjoy fundamental freedoms. This paper focuses specifically on domestic violence, the most
prevalent yet relatively hidden and ignored form of violence against women and girls. Domestic
violence is a complex issue to research as the extent and forms of its occurrence remain largely
hidden and there is a great degree of social acceptance of the issue.
Meaning of domestic violence
Domestic abuse, also known as spousal abuse, occurs when one person in an intimate
relationship or marriage, tries to dominate and control the other person. The definition of
domestic violence is a pattern of coercive behavior design to exert power and control over a
person in an intimate relationship. This is done through the use of intimidate, threatening,
harmful or harassing behavior. Domestic violence is also called as wife assault, which aims any
physical act of aggression by man against women with whom he was an intimate relationship
whether it is sexual or emotional. Domestic violence could also be among members of family.
Domestic violence can be physical, or psychological. It happens everywhere and it doesnt
matter what the age, gender, race, sexuality, wealth and geography is. It is shown with research
that domestic violence created by a man against women and very often children are also affected.
Domestic violence is not confined to homicidal deaths by way of stabbing, strangulating or
burning them alive. Rather it includes minor offence like pulling of hair, pinching, pushing,
hitting, throwing boiling water and acid. What is the most serious about the domestic violence is
that it is done at place which is considered to be safest.1

Definitions
1

. Vibha Arora and Dr.S.C. Tripathi ,law relating to women and children Central law publication 2008 p.86

1. Domestic violence is inflicting of physical injury by one family or household member on

another, also a repeated or habitual pattern of such behavior2
2. Domestic violence has been defined as physical abuse, sexual abuse, economic abuse and
harassing and damage or destruction of property. The following has been considered to
domestic violence.

Use of violence including hitting, punching, slapping, kicking, showing, cloaking

or biting

Forcible sex when the women does not want

Humiliation of women

Compelling a women to undergo a sex selection test

Demands for dowry

Any other criminal act of result or battery.3

Domestic violence means any act, omission or conduct which is of such a nature as to harm or
injure or has the potential of harming or injurious to health, safety or well being of the person
aggrieved in the domestic relationship. It includes:

Physical abuse

Sexual abuse or a threat to sexual abuse

Verbal and mental abuse

Economic abuse.

Domestic Violence Against Women

2

.www.merriam-webster.com/dictionary/domestic violence visited on 14/04/2013.

Amarjeet Mahajan, Madhurima, Family Violence and Abuse in India Deep and Deep publication, New
Delhi,1995. p2.
3

This form of domestic violence is most common of all. One of the reasons for it being so
prevalent is the orthodox and idiotic mindset of the society that women are physically and
emotionally weaker than the males. Though women today have proved themselves in almost
every field of life affirming that they are no less than men, the reports of violence against them
are much larger in number than against men. The possible reasons are many and are diversified
over the length and breadth of the country. According to United Nation Population Fund Report,
around two-third of married Indian women are victims of domestic violence and as many as 70
per cent of married women in India between the age of 15 and 49 are victims of beating, rape or
forced sex. In India, more than 55 percent of the women suffer from domestic violence,
especially in the states of Bihar, U.P., M.P. and other northern states.
The most common causes for women stalking and battering include dissatisfaction with the
dowry and exploiting women for more of it, arguing with the partner, refusing to have sex with
him, neglecting children, going out of home without telling the partner, not cooking properly or
on time, indulging in extra marital affairs, not looking after in-laws etc. In some cases infertility
in females also leads to their assault by the family members. The greed for dowry, desire for a
male child and alcoholism of the spouse are major factors of domestic violence against women in
rural areas. There have been gruesome reports of young bride being burnt alive or subjected to
continuous harassment for not bringing home the amount of demanded dowry. Women in India
also admit to hitting or beating because of their suspicion about the husbands sexual
involvement with other women. The Tandoor Murder Case of Naina Sahni in New Delhi in the
year 1995 is one such dreadful incident of a woman being killed and then burnt in a Tandoor by
his husband. This incidence was an outcome of suspicion of extra marital affairs of Naina Sahni
which led to marital discord and domestic violence against her.
In urban areas there are many more factors which lead to differences in the beginning and later
take the shape of domestic violence. These include more income of a working woman than her
partner, her absence in the house till late night, abusing and neglecting in-laws, being more
forward socially etc. Working women are quite often subjected to assaults and coercion sex by
employees of the organization. At times, it could be voluntary for a better pay and designation in
the office.

Violence against young widows has also been on a rise in India. Most often they are cursed for
their husbands death and are deprived of proper food and clothing. They are not allowed or
encouraged for remarriage in most of the homes, especially in rural areas. There have been cases
of molestation and rape attempts of women by other family members in nuclear families or
someone in the neighborhood. At times, women are even sexually coerced by their partner
themselves against their will. They are brutally beaten and tortured for not conceiving a male
child. Incidents like, ripping off a womans womb for killing the female fetus when she disagrees
for abortion have also come to light especially in rural areas. Female foeticide and female
infanticide continue to be a rising concern.
Also as expressed by Rebecca J. Burns in the following lines, When I am asked why a woman
doesnt leave abuser I say: Women stay because the fear of leaving is greater than the fear of
staying. They will leave when the fear of staying is greater than the fear of leaving. A common
Indian house wife has a tendency to bear the harassment she is subjected to by her husband and
the family. One reason could be to prevent the children from undergoing the hardships if she
separates from the spouse. Also the traditional and orthodox mindset makes them bear the
sufferings without any protest.
Other forms of physical abuse against women include slapping, punching, grabbing, burdening
them with drudgery, public humiliation and the neglect of their health problems. Some of the
other forms of psychological torment against them could be curtailment of their rights to selfexpression and curbing the freedom to associate with the natal family and friends.

CHAPTER 2

CONSTITUTIONAL AND LEGAL PROVISIONS FOR PROTECTION OF

WOMEN
Criminal Law
In India the Criminal Law is substantially based on the Indian Penal Code, 1860, however, it is
supplemented by the special laws.
i.

The Indian Penal Code, 1860.There are certain provisions under the Indian
Penal Code, 1860 which deal with offence in the form of domestic violence against
women. These are as under :
a) Dowry death.According to Section 304-B IPC where death of a married
woman is caused by any burns or bodily injury or occurs otherwise than under
normal circumstances within seven years of marriage and if it is established that
soon before her death she was subjected to cruelty by her husband or his relatives,
such death of a married woman is treated as "dowry death".
b) Forceful termination of pregnancy amounts to violence at home.In the view
of Sections 313 to 316 of I.P.C. female infanticide or forcing the wife to terminate
her pregnancy are also varieties of domestic violence which is recognised as an
offence under the Penal Code.
c) When Woman is driven to commit suicide 4.On account of domestic violence
specially brides are subjected to harassment for demand of dowry and compelled
to commit suicide. Abetment of suicide of a disordered mental state of person is
an offence punishable with death or 10 years of life imprisonment as provided
under Sections 305 and 306 of the I.P.C.
d) Causing hurt and grievous hurt.It is a common form of domestic violence.
Section 319 of the Penal Code defines the expression "hurt", as causing bodily
pain, injury, infirmity and disease to any person, however, serious hurt is termed
as grievous hurt under Section 320 of the Penal Code.

Dr. S.C. Tripathi and Vibha Arora, Law Relating to Women and Children, 3rd Edition 2008, p. 29.

e) Unlawful Confinement. It is also one of the forms of domestic violence, when

a woman's movement is restrained or confined within the four walls of house. It is
a common form of domestic violence which is an offence punishable under
Sections 339 and 340 of the Indian Penal Code.
f) Marital rape. Another common form of domestic violence is in the form of
marital rape. Where wife is living separately under a decree of judicial separation
or under any custom and the man is having sexual intercourse with his own wife
without her consent it amounts to offence under Section 376-A of the Indian Penal
Code.
g) Misappropriation of the wife's property. Within a view to make wife
economically dependent the grabbing of her property by husband is a common
form of domestic violence. According to Section 405 read with Section 406 of the
Indian Penal Code dishonest misappropriations or conversion of wife's property
for his "own use by the husband which the wife has entrusted to her husband,
amounts to criminal breach of trust and an offence punishable under aforesaid
section of the Code.
h) Matrimonial Cruelty.Under Section 498-A of the Indian Penal Code, 1860
matrimonial cruelty whether it is physical or mental is an offence. The terms
"cruelty" under the said section has wide scope to include various kinds of other
cruelty.
ii.

The Dowry Prohibition Act, 19615.This is a special law enacted to deal with the
social evil of dowry Viz., demand for property or valuable security having an
inextricable link with the marriage. In such circumstances the married woman is
often subjected to domestic violence at her matrimonial house. As contemplated in
Section 3 of the said Act the giving and taking of dowry is a criminal offence.

iii.

The Commission of Sati Prevention Act, 1987."Sati" is one of the oldest forms
of domestic violence which prevailed in society but curbed in he last century. The

Ibid, p. 30.

expression "Sati" means the burning or burying alive of widow along with the body
of her deceased husband."6
iv.

The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)

Act, 1994.Female infanticide or forced termination of pregnancy is a specific
form of domestic violence. This Act regulates the forced termination of female fetus,
it permits termination of pregnancy only for medical purpose.

Civil Law
In India Civil Law too addresses the problem of domestic violence. The victim of domestic
violence can seek civil relief under the following Acts :
a)

The Dissolution of Muslim Marriages Act, 1939.According to Section 2 (viii)

of the Dissolution of Muslim Marriages Act, 1939 "cruelty" means :
i.

Habitually offending the wife or ill treating her.

ii.

Forcing wife to lead immoral life.

iii.

Disposing of wife's property without obtaining her consent.

iv.

Not allowing her to observe religious practice.

Under the aforesaid Act the victim of violence at home can seek divorce on the ground of cruelty.
b)

The Hindu Marriage Act, 1955.-According to Section 13(1) (a) of the Act, 1955,
cruelty is a legal ground for divorce. Though the term "cruelty" has not been defined
under the said Act but it is taken to mean acts of physical as well as mental cruelty.
Section 10 of the Act provides relief as to judicial separation, so the wife can get rid
of her husbands abuse by living separately under the order of the court.

c)

Other matrimonial enactments.- There are other matrimonial laws wherein the
term "cruelty" qualifies as domestic violence. The Special Marriage Act, 1954, the
Indian Divorce Act, and The Parsi Marriage and Divorce Act, all enactments

Section 2 of the Commission of Sati Prevention Act, 1987.

7

recoganise "cruelty" as a valid ground for divorce. It is a settled legal position that
the term 'cruelty' includes domestic violence and civil relief available to wife.7
Kinds of Domestic Violence
In fact, it is a herculean task rather impossible to summarise the kinds of domestic violence faced
by the women in India. Passing of abusive remarks, taunting, curtailment of basic needs such as
food, clothing and medical assistance in case of sickness etc. are the part and-parcel of domestic
violence though these acts or conduct are not judicially recognised. There are some judicially
recognised kinds of domestic violence. These are as under:
i.

Dowry Death

ii.

Abetment to commit suicide

iii.

Cruelty

iv.

Hurt and grievous hurt

v.

Wrongful restraint and wrongful confinement

vi.

Sexual intercourse during judicial separation

vii.

Bigamy

Supra Note 6, p64.

Forms of violence experienced by almost every married woman.8

Legal response to Domestic Violence
a. Provision under Constitutional Law:
The constitution of India confers a catena of rights upon women. Our reversed
constitution makers were well aware of the subordinate and backward position of women in our
society. They therefore made conscious efforts for improving the entire situation in favour of
women9. There are certain provisions in the constitution which protect the rights of women.
Article 14 provides equality to all men and women irrespective of their caste, religion, creed and
place of birth.
Article 15(1) prohibits gender discrimination. Article 15(3) lifts that ignoring and permits
the state to positively discrimination in favour of women to make special provisions to a
meliorate there, social, economic and political condition. Article 21 confers right to life and
personal liberty in negative term guaranteeing that it shall not be taken away except according to
the procedure established by law. The scope of this article has been widened by the Supreme
Court of India to include right to live with human dignity, right to be free of violence, right
against insulted, right to shelter, right to health and medical assistance, right to education and
right of a women to merry anyone she likes or live with anyone she likes, which are relevant in
the context of domestic violence against women.
b. Domestic Violence and Civil Law
Domestic violence is not recognized as an issue in itself under civil law. The only specific
recognition of domestic violence is the concept of 'cruelty' as a ground of divorce or judicial
separation under the matrimonial proceedings. Outside matrimonial proceedings, abused women
can obtain an injunction from the civil court or the family court restraining her husband from
abusing her physically and mentally. The main pitfall of civil injunction orders is ineffective
means of enforcing them. Only contempt of court can be filed against violator.10
8

http://www.nfhsindia.org/NFHS-3%20Data/Press%20Briefing%20Kit/Domestic%20Violence visited on 17/4/2013

Supra Note-3, p..
10
Lalit Dadwal & Kusum Chauhan, Domestic Violence causes, Consequences, Legislative and Judicial response,
Indian Bar Review, Vol XXXIV (1 to 4) 2007, p.224.
9

c. Domestic Violence and Criminal Law

All forms of physical violence and some forms of emotional abuse are covered under various
sections

of the Indian Penal Code such as

Dowry Death(Sec.

304-B), Female

Foeticide/Infanticide (Sec. 313-316), Abetment of Suicide (Sec. 306), Hurt and Grievous Hurt
(Sec. 319-326), Wrongful Restraint or Wrongful Confinement (Sec. 339, 340), Marital Rape
(Sec. 376-A), Unnatural Offences (Sec. 377), Criminal Breach of Trust (Sec. 405, 406), Bigamy
(Sec. 494, 495). Adultery(Sec, 497), Cruelty (Sec. 498-A) and Section 113-A and 113--B of the
Evidence Act, 1872.11
d. The Protection of Women from Domestic Violence Act, 2005
In order to protect the rights of women who are victims of violence of any kind occurring
within the family and to provide for matters connected therewith or incidental thereto, the
Parliament enacted the Protection of Women from Domestic Violence Act, 2005 which came into
effect from 26th October, 2006. The Act was passed by the Parliament in August, 2005 and
assented by the President on September 13, 2005. The Act is primarily meant to provide
protection to wife or female live-in partner from violence at the hands of the husband or male
live-in partner or his relatives, the law also extends its protection to women who are sisters,
widows or mothers.
Domestic violence under the Act includes actual abuse or the threat of abuse whether physical,
sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the
woman or her relatives would also be covered under this definition. The Act also recognises the
woman's right to secure housing, whether or not she has any title in the household. It has been
realised since long that domestic violence is widely prevalent but has remained largely, invisible
in the public domain and Section 498-A, IPC does not address itself fully to this devastating
problem since it is confined only to protect woman against cruelty by her husband or his
relatives.

11

. http://mha.nic.in/pdfs/IPC1860.pdf visited on 17/04/2013

10

The main features of the Protection of Women from Domestic Violence Act, 2005 are as
follows12:
i.

any conduct of relative of the victim which subjects her to habitual assault, or makes
her life miserable, or injures or harms, or forces her to lead an immoral life would
constitute domestic violence;

ii.

the Judicial Magistrate of the first class or the Metropolitan Magistrate may take the
cognizance of domestic violence and a protection order requiring the relative of the
woman to refrain from committing an act of domestic violence, or pay monetary
relief which is deemed fit in the circumstances or pass any other direction as he may
consider just;

iii.

the Magistrate may even require as an interim and urgent measure from the relative
of the woman to execute a bond, with or without sureties, for maintaining domestic
peace;

iv.

the violation, by the relative, of the order made by the Magistrate would constitute
an offence punishable with imprisonment upto one year, or with fine, or with both;

v.

Protection Officers are appointed under the Act, to help the victim of domestic
violence in making application to the Magistrate and in availing of her legal rights;

vi.

such Protection Officers shall be appointed by the State Governments and they shall
possess such qualifications as may be prescribed by the Central Government; and

vii.

Protection Officer shall be deemed to be a public servant within the meaning of

Section 21 of IPC, and if he fails or refuses to discharge the duties as directed by the
Magistrate, his act shall amount to be an offence punishable with imprisonment upto
one year, or with fine, or with both.

CHAPTER-3
ROLE OF JUDICIARY
12

. https://www.domesticviolences.com/domestic-violence-act-2005/ visited on 17/04/2013.

11

Judiciary plays a very significant role to provide justice to the victim. It is a custodian of Indian
Society. The Judiciary and inspiring judgments has been bedrock of social justice 13. The concepts
of social justice would a myth it protection could not be provided to the women for the violation
of their rights with a collage of Constitutional and legislation provisions the judiciary took up
cudgels against the exploitation and violation of rights of women. In Kundula bala
Subramaniam v State of A.P.14, the apex court referred to the important role of the courts in
dealing with cases of dowry related violence. Such cases ought to be dealt with a more realistic
manner and criminals should not be allowed to escape on account of procedural technicalities or
insignificant lacuna in the evidence, the courts are expected to be sensitive in cases involving
crime against women. In Arvind Singh v. State of Bihar 15, Supreme Court held that

wife

burning is an unfortunate trend and a growing menace to the society which doest warrants any
sympathy but this does not mean non-adherence to basics of the law. In Vithal Tukaram more
and others v. State of Maharastra16, Supreme Court observed that, it is true that such crimes
against married women are generally committed with in the four walls of a house and many
times in secrecy. Independent eye witness or other direct evidence is scarcely available to the
prosecution. But that is no reason to rely on circumstantial evidence which is not of required
standard and bose conviction on surmise. In Maharaja Nadar V/s Muthu Rani Ammal,17 the
court held that accruing women that she is a barren lady would amount cruelty. In chintag unti
Jaganadharm V/s Savitharamma,18 held that to establish legal cruelty, it is no necessary to
prove that the husband had beaten has more than once. In Asha V/s Baldev Raj19, the husband
was overbearing, harsh and abusive and also resorted to violence on accessions it was held that
the conduct of amount to cruelty. In another case Karnail Singh V/s Bhupinder Kaur 20, the
husband kicked off the kettle towards wife and burnt her hand. It was held as clear case of cruel
treatment on the party of the husband to his wife in Smt. Sumanbai V/s A.O. Panipat21, it was
held that baseless imputation by the husband alleging unchastely of wife amends to cruelty. In

13

Mamta Rao, Law relating to women & children 2005, P-430.

(1993) 2 Scc 684
15
(2002) 6 Scc 407.
16
(2002) 7 Scc 20.
17
AIR 1984 MAD 376.
18
AIR 1972 A.P. 377.
19
AIR 1985 DEL 76
20
AIR 1973 PH 19
21
AIR 1976 BOM 212.
14

12

Latita V/s Radha Mohan,22 It was held that keeping a concubine under the same roof wanted
amount to cruelty. In Gangadharan V/s Madu Kaur23, it was well established that Herbal
abuse and insults and use to filthy and abusive language amount to cruelty in Vijay Kumar
Sharma V/s State of UP24, Allahabad High Court held that taking away the child without the
correct or knowledge of the childs mother and particularly without informing her amounted to
cruelty. In this way judiciary try to protect the women from the domestic violence. Legislative
and judiciary has been doing its jobs in a respectable way but lot has to be done and that too in
an effective way.The Supreme court in Nepal singh V/s State of Haryana,25 explained that
doubts would be called reasonable if they are free from zest for abstract speculation. Law cannot
afford any favourite other then the truth. To constitute reasonable doubt, it must be free from
over emotional response. Doubt must be actual and substantial Vague as to guilt of accused
persons arising from evidence or from lack of it, as opposed to mere the apprehensions. A
reasonable doubt is not an imaginary, trivial or a merely possible doubt, but a fair doubt based
upon reason and common sense.
Epilogue: Despite the galaxy of laws, the position of women is still deplorable. It clearly
indicates that a superficial acceptance of modern motions of equality of sexes is scarcely enough
to combat centuries old patriarchal ideas and institutions. So attempts shared be made both by the
Governmental sponsored agencies and other social organizations to introduce attitudinal charges
in the society towards the women empowerment is another way to success in this direction. Laws
alone are not enough to change the mind set of society. The concept of equality should be
accepted by the society in the true sense of the term. The preference is given to males in this
male dominated society in the root cause of domestic violence. Therefore, if the equality is
ensured in the real sense of the term, the evil of domestic violence can be cured.

CHAPTER-4
FACTORS OR CAUSES OF DOMESTIC VIOLENCE
22

AIR 1976 (Raj) 26

AIR 1988 Kar 244.
24
1991 (1) Crimes 298.
25
AIR 2009 S.C.2913.
23

13

Causes
There is no one single factor to amount for violence perpetrated against women. Several complex
and interconnected institutionalized social and cultural factors have kept women particularly
vulnerable to the violence directed at them, all of them manifestations of historically unequal
power relations between men and women. Factors contributing to these unequal power relations
include: socioeconomic forces, the family institution where power relations are enforced, fear of
and control over female sexuality, belief in the inherent superiority of males, and legislation and
cultural sanctions that have traditionally denied women and children an independent legal and
social status.26
Factors that perpetuate Domestic Violence.27
1. Cultural
Gender-specific socialization
Cultural definitions of appropriate sex roles
Expectations of roles within relationships
Belief in the inherent superiority of males
Values that give men proprietary rights over women and girls
Notion of the family as the private sphere and under male control
Customs of marriage (bride price/dowry)
Acceptability of violence as a means to resolve conflict
The quantum and frequency of domestic violence differs from society to society but the basic
reasons for it remain almost common and there can be numerous reasons for domestic violence.
26

Supra Note-3.p.110
Domestic Violence against women and girls. http://www.unicef-irc.org/publications/pdf/digest6e.pdf visited on
2/03/2013
27

14

1. Economic factors: economic factors were measured by looking at the following variables.

Women economic dependence on men.

Limited access to cash and credit.

Discriminatory laws regarding inheritance and property, its use of communal

lands.

Maintenance after divorce or widowhood.

Limited access to employment in formal and informal sectors.

Limited access to education and training.

2. Legal factors: legal factors are measured by looking at the following variables:
Lesser legal status of women either by written law and / or by practice.
Law regarding divorce, child custody, maintenance and inheritance.

Legal definition of rape and domestic abuse.

Low level of legal literacy among women.

Intensive treatment of women and girls by police and judiciary

3. Political factors: political factors were measured by looking at following variables:

Under representation of women in power, politics, media

In legal and medical profession, the domestic violence is not taken seriously.

Notion of family being private and beyond control of state, risk of challenge to status
quo religious law.

15

Limited organization of women as on political force and limited participation of

women in organized political system

4. Other factors:

Alcohol causes men to beat there partners.

Extra marital affairs of either partner are another major cause and obvious reason.

Poor or no communication between partners. This can lead to serious

misunderstanding and lack of concern for each other, leading to violence.

Economic depression, newly the loss of jobs and inability to purchase necessity
items.

Unfavorable and frustrating work conditions or low job satisfaction.

16

CHAPTER-5
EFFECTS AND CONSEQUENCES OF DOMESTIC VIOLENCE
Effect on the victim and the family
Consequences of Violence Against Women
Battered women have tendency to remain quiet, agonised and emotionally disturbed after the
occurrence of the torment. A psychological set back and trauma because of domestic violence
affects womens productivity in all forms of life. The suicide case of such victimised women is
also a deadly consequence and the number of such cases is increasing.
A working Indian woman may drop out from work place because of the ill-treatment at home or
office, she may lose her inefficiency in work. Her health may deteriorate if she is not well
physically and mentally. Some women leave their home immediately after first few atrocious
attacks and try to become self-dependent. Their survival becomes difficult and painful when they
have to work hard for earning two meals a day. Many such women come under rescue of women
welfare organizations like Women Welfare Association of India (WWAI), Affus Woman Welfare
Association (AWWA) and Womans Emancipation and Development Trust (WEDT). Some of
them who leave their homes are forcefully involved in women trafficking and pornography. This
results in acquiring a higher risk of becoming a drug addict and suffering from HIV/AIDS. Some
of course do it by their choice.
One of the severe effects of domestic violence against women is its effect on her children. It is
natures phenomenon that a child generally has a greater attachment towards the mother for she
is the one who gives birth. As long as the violence subjected to the mother is hidden from the
child, he/she may behave normally at home. The day when mothers grief and suffering is
revealed, a child may become upset about the happening deeply. Children may not even
comprehend the severity of the problem. They may turn silent, reserved and express solace to the
mother. When the violence against women is openly done in front of them since their childhood,
it may have a deeper and gruesome impact in their mindset. They get used to such happenings at

17

home, and have a tendency to reciprocate the same in their lives. Its common in especially in
rural homes in India which are victimised by the evil of domestic violence.
In cases of Intimate Partner Violence (IPV), violence against women leads them to maintain a
distance from their partner. Their sexual life is affected adversely. Many of them file for divorce
and seek separation which again affects the life of children. Some continue to be exploited in
lack of proper awareness of human rights and laws of the constitution.
Girls also develop a feeling of insecurity in their homes when they are sexually exploited. They
lose their self-confidence and desire for living. A girl child from violent home can withdraw from
society and become completely depressed. Children from violent homes become disobedient and
violent and start using aggression to solve their problems. Adolescents may succumb to drugs
and alcohol when treated harshly. Some helpless and abandoned children are picked up gangs
who sell their organs for making huge amount of money. In most of the cities, the groups of
beggars at traffic lights or railway platforms are the abandoned children who are physically
deformed forcefully for begging. The children who escape being a part of this vicious circle are
looked after by children welfare organizations like, Indian Child Welfare Association (ICWA),
Child Relief and You (CRY) and ChildLine etc.
Effect of domestic violence on society
Violence against women may keep them locked in homes succumbing to the torture they face. If
they come out in open and reveal the wrong done to them for help and rescue, it influences the
society both positively and negatively. At one hand where it acts as an inspiration and ray of
hope for other suffering women, on the other hand it also spoils the atmosphere of the society.
When something of this kind happens in the society, few families may witness the evil of
domestic violence knocking their door steps. Some families try to imitate what others indulge in
irrespective of it being good or bad for the family.
There are serious consequences of domestic violence on the victim society as well as perpetrator.
1. Violent physical acts of ten produce harm other type of maltreatment can also have
physical consequence.

18

2. Emotional mistreatment can produce physical squalor.28

3. Most maltreated children doesnt become delinquent and even smaller number of them
advances to criminality.
4. Sexually and physically abused girls are at a greater risk for later abuse, and dependence
of alcohol and drug.
5. Victim of sexual abuse exhibit stress, related symptoms like fear, anxiety, sleep
disturbance, depression and aggression and domestic violence reaches menacingly into
the next generation. Today violent husband are yesterdays children of violent of parents
children are violent fathers often tend to be violent husband.
6. Studies strongly indicate that domestic violence is a key component of social problems
inducing street children, child labour and prostitution.
7. Domestic violence effects the healthy development and productivity of all societies.
8. In addition to morbidity and morality, violence against women lets to psychological
trauma, depression, substance, abuse, injuries, sexually transmitted disease and HIV
infections, suicide and murder.29
So far, as the effected family is concerned it would break up women deprived of their
income may face to provide for their families and children who grow up witnessing
violence may become victim and abases.
9. In matter of public health, violence degrade effects debilities women and girls physically
handicapped. Psychological and socially, sometimes with lifelong results.

28

.Dolly Singh, Child Rights and Social Wrongs: An Analysis of Contemporary Realities vol.2 Kanishka
Publishers distributors, New Delhi-2001 p.31
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CHAPTER -5
CONCLUSION & SUGGESTIONS
Conclusion
Having looked at a sensitive topic of Domestic Violence in India, we can sense the importance
of discussion of such a topic. The varying causes which can spark the violence within the four
walls of homes need to be analysed carefully and a wise study of the factors causing the violence
may prevent a family to suffer from the menace of domestic violence. The domestic violence
may have a far wider and deeper impact in real life than what has been covered in this essay.
What is required is to see closely the association of the factors provoking a particular form of
domestic violence. If these factors can be controlled then more than one form of violence can be
prevented from harming an individual or our society and India would be a much better place to
live in.
Domestic violence occurs across the world regardless of age, gender, class, cast and education.
Figures reveals that Domestic Violence consist mainly of Violence done on Women by Men in
relation. Women who are victim of Domestic abuse suffer on health, education and mental fronts.
So Domestic Violence is more family dispute now, It has become legal problem. Domestic
Violence is now considered as Violence of right of life and personal liberty which is one of the
important fundamental right guaranteed under our constitution.
As rights accorded by the constitution a number of laws have been enacted to improve the state
of Women, but neither the constitution nor the laws have been successful in changing the plight
of Indians Women. Women continue to be the victim of Domestic Violence as a result of which
they remain dependent socially, economically and psychologically upon their partners.
A comprehensive law was require covering all aspects of Domestic Violence, like preventive
measures, punishment, legal and social safeguards against further repetition of Domestic abuse.
It was therefore, required to enact a comprehensive law on Domestic Violence.

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Thus, Indian Parliament in 2005 enacted Protection of Women from Domestic Violence Act. It
not only punishes the perpetrator but also simplifies the procedure for enforcing its provisions
and about all provide for the security, confidence, protection and assured rights to the female
section of the society.
Passing of this enactment pertaining to Domestic Violence was the first significant attempt to
recognize Domestic abuse as a punishable offence and also provide for emergency relief for the
victims, In addition to legal recourse.
Now the question arises, whether the Domestic violence Act 2005 succeeded in fulfilling the
requirement of adequately tackling the problem of Domestic Violence and providing redressed
and protection to its victims. The issue has been tackled on conceptual and practical grounds and
it could be concluded that while the act is an important step in term of concepts it introduces into
the Indian legal system.
We known activists like Ranjana Kumari and Girija Vyas and renowned lawyers like Kamini
Jaswal have all lauded the passage of the law. Even though critics become the misuse of the law
yet one cannot rule out its positive ramifications. The very fact that now the boundaries of the
law have been spread is a welcome relief and was a much needed respite.
Every law has its own loopholes so merely lamenting to misuse of law is not going to help.
History is replete with examples that it is only when a law come into force do we encounter the
pitfalls along with the upswings.
Suggestions
1. The provision in section 2(a), which empowers a service provider or any other
person on the behalf of the aggrieved person to make complaint, to erroneous &
unmated the possibility of service providers turning into extortion, cells cannot be
reeled out. The term any other person in this section is also very vaguer, which
needs to be clear & define this will help in achieving proper objective of the Act.
2. For the proper implementation of the Domestic Violence Act 2005, we need to have
very effective enforcement machinery in our country. For this purpose, special
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investigation units comprising predominantly women police officer & other

investigating officers need to be trained properly & they satisfied about the problem.
3. At present many states have given the duty of protection officers to government
officers making them more burdened. This is suggested that Protection officers should
be appointed on full basis & adequate infrastructure & training be given to them.
4. Not only the protection officer but other functionaries must be appointed to ensure the
systemic structure of their functioning mandate under the Act.
5. The details of protection officers, counselors & lawyers must be widely public in
local language so the victim of domestic violence may approach them, when in need.
6. The state governments must appoint a focal person to develop efficient
communication between all authorities assigned under the act.
7. To provide the proper medical aid to the victim of the domestic violence, there is an
urgent need to develop an adequate system in hospitals for providing medical services
to women family domestic abuse. Each hospital in every district, either government
or private, should be reporting all instances of domestic violence coming to their
attention to the concerned district protection officer so that the victim gets immediate
and adequate assistance laid under the Act. It is also important that the medical
records of victims of domestic violence are kept discreetly by the hospital staff and
are dispatched immediately to the concerned magistrate for further direction. The
medical facilities must be provided by a female doctor and all doctors in the district
should be trained to cater to the special needs of victims of domestic violence.

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BIBLIOGRAPHY
M.D.R Free man, Violence in home (1979)
Sood, Susma, Violence Against Women, 1990 Deep and Deep Publication, Rajouri Garden, New
Delhi
Arora, Vibha and Tripathi, S.C. ,Law Relating To Women And Children Central law
publication 2008.
Mahajan Amarjeet, Madhurima, Family Violence and Abuse in India Deep and Deep
publication, New Delhi,1995.
Dadwal, Lalit & Chauhan, Kusum, Domestic Violence causes, Consequences, Legislative and
Judicial response, Indian Bar Review, Vol XXXIV (1 to 4) 2007.
Rao, Mamta, Law relating to women & children 2005.
Singh, Dolly, Child Rights and Social Wrongs: An Analysis of Contemporary Realities vol.2
Kanishka Publishers distributors, New Delhi-2001.
Section 2 of the Commission of Sati Prevention Act, 1987.

WEBLIOGRAPHY
http://www.nfhsindia.org/NFHS-3%20Data/Press%20Briefing%20Kit/Domestic%20Violence
www.merriam-webster.com/dictionary/domestic violence
http://mha.nic.in/pdfs/IPC1860.pdf
https://www.domesticviolences.com/domestic-violence-act-2005/
http://www.unicef-irc.org/publications/pdf/digest6e.pdf
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