This article is written by Abhinav Rana, from University School of Law and Legal Studies, GGSIPU Dwarka. This article deals with Domestic Violence.

Introduction

Domestic violence is defined under Section 3 of the Domestic violence Act, 2005. Domestic violence against women is understood as a situation supported and reinforced by gender norms and values that place women in a subordinate position in relation to men. Domestic violence, has many forms, including physical aggression or assault like hitting or threats thereof: sexual abuse; emotional abuse; controlling; intimidation; stalking; and economic deprivation”.

The administration of domestic violence at home basically requires joined exertion of law implementation, social welfare and medicinal services administrations. In spite of the fact that endeavours have been made toward this path, the greater part of cases is not detailed because of social weights from relatives or social shame. A genuine change in these cases can be made by changing the attitude of society through training and making strict laws.

Features of Domestic Violence

1. Victim Resource: Under the Act, the victims should be provided with shelter, medical facilities, and legal aid whenever required.
2. Counselling under Section 14: Counseling as directed by the magistrate in Section 14 of the Act is given to both the parties or whichever requires, as ordered or directed by the magistrate.
3. Protecting officer under Section 9: As stated in the Act, a protection officer should be appointed in each district. The women should preferably be a woman. The duty of officer includes filing a domestic violence incident report and to provide the victim with medical treatment, legal aid whenever required.  
4. Residence under Section19: For the protection of the victim the magistrate can put a bar on the meeting of the respondent with the victim by personal, oral, electronic, and telephonic communication.
5. Compensation under Section 22: Under Section 22 of the Act, the magistrate can order the respondent to pay a certain amount of compensation and damages to the victim.
6. Section 32(2): Under Section 32(2) of the Act, under the sole testimony of the victim the court may presume that the accused has committed the offence. The offence is stated as non-cognizable and non-bailable.
7. Speedy trial: The Act ensures speedy trial as the court has to start the proceeding within 3 days of the complaint and has to give the judgement within 60 days from the date of hearing.
8. Section 16: Chapter 4 Section 16 allows the magistrate to hold proceedings in camera if either party desires so.
9. Section 21: The custody of children is given to the victim. The respondent is allowed to visit the child if granted permission by the magistrate.
10. Monetary relief under Section 20: Section 20 of the Act provides for monetary relief to the victim of domestic violence. The maintenance is provided to the aggrieved party or her children under Section 125 Code of Criminal Procedure, 1973.

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Types of Domestic Violence

1. Physical abuse

Physical abuse is the most heard form of domestic violence. It occurs when physical force is used against the victim in a way that it injures him/her. For example: If a husband beats his wife on a regular basis, the wife can sue him for domestic violence.

2. Sexual abuse

 Any situation in which people are forced to be involved in any unsafe or sexual activity without their will is sexual abuse. Forced sex, even by spouse or partner with whom the victim had consensual sex, is an act of aggression and domestic violence.

 3. Emotional abuse

Emotional abuse includes verbal abuse as well such as yelling, name-calling, blaming. intimidation and controlling behaviour are also forms of emotional abuse. Abusers who use emotional abuse often throw in that of physical violence if they don’t do as they want to.

 4. Economic abuse

Economic abuse is a way to control the victim through economic resources. It includes: rigidly controlling the finances, making liable for every penny used, restricting the allowance, preventing making your own personal choices.

5. Domestic Violence includes

• The incidents of physical abuse seem minor.
• Also, if incidents of physical abuse have only occurred a few times in a relationship.
• Many people are emotionally and verbally assaulted. This can be referred to as violence.
• If physical assaults stopped when you become passive.

Effects of domestic violence 

The survivors of domestic violence can face continuing challenges after enduring physical, mental and emotional abuse. It not only affects the health of the adult victim but impacts the parenting and community’s economic and cultural well-being as well. On the journey of recovery, everyone should keep this in their minds that healing takes time and the healing process of these problems can help the survivor to develop the inner strength and it lessens their fear of safety for themselves and for their families. 

Domestic violence tears live apart. One in three women experience physical or sexual violence, or both, caused by someone known to them. It particularly affects women, children, family and society.

Effects on the victim

Death, illness, injury and disability

Survivors of domestic violence frequently suffer from an array of psychosomatic illnesses, eating disorders, insomnia, gastrointestinal disturbances, generalized chronic pain, and devastating mental health problems like Post-traumatic Stress Disorder (PTSD). Violence can cause long term as well as short term physical and mental health issues.

Long term health problems include Asthma, Chronic pain, Heart problems, Migraine headaches etc. To cope with these problems, some women start engaging in risky behaviours such as having unprotected sex, misusing alcohol or drugs. It also changes someone’s perception of their own body. Short term physical effects can include minor injuries that can also be detected by scans or x-rays. Some of these injuries are bruises, cuts, injuries to organs etc.

Emotional and psychological trauma

This includes the devastating impact on an individual’s personality such as anger, shame and suicide. A feeling of shame and embarrassment could be a factor which hinders a person to seek out aids or services which can help them to deal with such problems. The lack of emotional support leads to increased fear, anxiety, anger, depression, social withdrawal and even suicidal ideation. These wounds haunt the victims for many years and too often go untreated as they cannot be traced by x-rays.

Economic Homelessness

The survivors of domestic violence find it the best method to secure themselves from the abusive nature of their relationship. On a single night in 2017, homelessness services providers had more than 55,000 beds set aside for the survivors of domestic violence. In just one day in 2015, over 31,500 adults and children fleeing domestic violence emergency shelter or transitional housing program. That day domestic violence programs were unable to meet over 12,197 requests for services because of a lack of funding, staffing or other resources.

Financial effects

Once victims leave the accused, they can be stunned with the reality of the extent to which the abuse has taken away their autonomy. Due to economic abuse, the victim usually has very little money of their own and few people on whom they can rely when seeking help. This has been shown to be one of the greatest hurdles faced by victims of domestic violence, and the strongest factor that can discourage them from leaving the accused.

Effects on children

Studies show that more than 50% of female survivors have children in their care. Domestic violence can cause emotional and physical harm to children in many ways, such as developing phobias or insomnia, managing stress, trouble in forming positive relationships with others and physical symptoms such as headache. Children need some secure environment for their nurturing. 

The home where domestic violence exists might not be safe for them. Sometimes, children who witness such abuse also become victims. These children are at great risk for long term physical and mental health issues. This can include mental health conditions, depression etc. This disturbance due to the abuse also depends on the age factor.

Children in Preschool

Some of the biggest victims of such violence are the smallest. Those who are not direct victims have some of the same behavioural and psychological problems as children who are physically abused. These children may have difficulty in learning things and suffer from depression and anxiety. Younger children are vulnerable and it is very upsetting that violence is more prevalent in homes with small kids.

Due to this, there’s a possibility that this will become a continuing cycle of violence for the next generation. There is also a significant risk of increasing harm to their physical, emotional and social development in the future.

School-aged children

Children in this age group may feel guilty of the abuse and they might blame themselves for the same. They may not study well and get good marks. It could also be possible that they may not participate in school activities. They feel less fortunate due to the issues and may have fewer friends as compared to a normal child.

Teens

Teens who witness abuse may act out in negative ways such as opting bad habits, arguing with everyone, not understanding the opinion of others. One in six (16%) college women has been verbally abused by a dating partner. However, this violence can be prevented. Under the leadership of the World Health Organization, a group of 10 international agencies have developed and endorsed an evidence-based technical package which is known as INSPIRE: Seven strategies for ending violence against children.

This aims to help countries and communities achieve SDG Target 16.2 on ending violence against children. Every letter of the word INSPIRE stands for one of the strategies, and most have been shown to have preventive effects across several different types of violence, as well as benefits in areas such as mental health, education and crime reduction. The seven strategies are:

1. Implementation and enforcement of laws;

2. Norms and value change;

3. Safe environment;

4. Parental and caregiver support;

5. Income and economic strengthening;

6. Response services provisions;

7. Education and life skills.

Effects on the community

The effect of domestic violence doesn’t stop at the front door but it also impacts the community as in, children growing up without learning about positive and respectful relationships with others. The effect of domestic violence on the societies and the community is very serious. Its cost to the society is phenomenal and the following are the effects of such domestic violence on society.

Government subsidy on Healthcare is affected

The role of the government is crucial for addressing health equity. The Ministry of Health and Family Welfare (MOHFW) play a key role in guiding India’s public health system. Due to the increase in the number of domestic violence cases, the government has strained medical treatment. Total medical costs for treating injuries that are associated with domestic violence has reached more than $44 million.

Economic repercussions

Another economic effect of this abuse is the long term productivity, which is faced by the companies. Most of the victims fail to show up at the workplace thus, also putting a toll on work productivity. This factor is one of the reasons why the companies have made some policies by addressing domestic violence in these policies. They seek connections with agencies to provide protection to their workers. They’re trying to provide them with a safe working environment which is a good thing for society.

Causes

Domestic violence is a choice and it is a learned behaviour. It may start when one partner feels the need to control the other. The abuser may feel this need to control their partner because of low self-esteem, jealousy, and other emotions. Alcohol and drugs may contribute to violent behaviour. A drunk person is less likely to control himself and his temper or aggression.

Psychological

The psychological theory focuses on personality traits and mental ability of the convict. Personality traits include sudden anger, poor control, and poor self-esteem. Various theories say that the person who is short-tempered in childhood often becomes violent in their adulthood. Some research tells that about 80% of men in this domestic violence have typical personality disorders.

Jealousy 

Many cases of domestic violence have been reported in which the main reason behind the act was jealousy. The partner was insecure about the other being unfaithful and engaged in extramarital affairs.

Social Stress

Stress is the main reason due to which the victims of domestic violence try to end up on their life, or do not report the crime. Stress may be increased due to family situations or due to neighbours. Violence is not caused due to stress, but it is one of the reasons due to which the victim is affected.

Mental illness

Psychiatric disorder is also the factors/reason for domestic violence. Various disorders like short temper, paranoid personality disorder are the reason behind this. It is said that at least 1/3rd of all abusers have some mental illness.

Which victims are likely to report domestic violence?

Some victims of this abuse are more likely to report their victimization than others. Research says that women who have more experience with the justice system are likely to call the cops and ask for their assistance. The injury may not increase victim reporting, because of incapacity, the increased likelihood that a third party will call in these cases, or the fact that seriously injured victims are less likely to have protective orders.

Is arrest the best response?

Police officials are trained to make an arrest under certain conditions which include evidence of an assault, offences where physical evidence exists, violation of a protection order etc. This is known as a mandatory arrest policy. There are many debates on this policy, some say, it gives a break to the victim to consult with the advocates. Whereas, others point out the all-too-common reality of the abuse, where seemingly positive steps to address the violence can backfire.

In this context, the possibility of an arrest leading to escalated violence at another time. On the other hand, researchers have also found that the vast majority of the victims report satisfaction with the arrest of the abuser. 

In Massachusetts, 82% were either very or somewhat satisfied and 85.4% said they would call the police again for a similar incident. Similarly, a study of courts in California, Oregon, Nebraska and Washington found that 76% of the victims said they wanted their abuser arrested.

Conclusion

Although the efforts have been made by many government institutions against domestic violence, still there is a rise in cases of this abuse. These can be curbed by educating people about their rights, community screening of domestic violence, by offering safe shelters and making strict laws will also help in lowering the number of cases of domestic violence.

Educating a girl child is the first step in building a better society. Campaigning should be done to increase awareness in society. Many NGO’S has been a part of these campaigns and enlighten the path of people. To finish up it is important that each stratum of society must add to guarantee a savagery free life.

References

• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2784629/
• https://www.coursehero.com/file/p2l00bcc/order-to-understand-the-level-of-abuse-and-the-risks-faced-by-the-victim-as/
• https://indiankanoon.org/doc/542601/
• https://www.acesdv.org/domestic-violence-graphics/types-of-abuse/
• https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3354266
• https://courses.lumenlearning.com/culturalanthropology/chapter/violence-against-women/
• https://www.mayoclinic.org/healthy-lifestyle/adult-health/in-depth/domestic-violence/art-20048397 

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