Protection of Women from Domestic Violence | 17 Apr 2024

Source: IE

Why in News?

The Delhi High Court recently emphasised the universality of the Protection of Women from Domestic Violence Act of 2005, stating that it applies to all women regardless of their religious or social background.

• The High Court made these observations while dismissing a plea filed by a husband and his relatives.
• The plea challenged an appellate court order that reinstated a domestic violence complaint filed by the wife.

How Widespread is Domestic Violence in India?

• In India, 32% of ever-married women reported having experienced physical, sexual, or emotional violence by their husbands in their lifetime.
• According to the National Family Health Survey-5 (NFHS-5), 2019-2021, “29.3% of married Indian women between the ages of 18 and 49 have experienced domestic/sexual violence; 3.1% of pregnant women aged 18 to 49 have suffered physical violence during their pregnancy.”
  • That is only the number of cases reported by women. There are frequently many more that never make it to the police.
• According to NFHS data, 87% of married women who are victims of marital violence do not seek help.

What are the Factors Contributing to Domestic Violence?

• Gender Disparities:
  • India's wide gender gap, as reflected in global indices, contributes to a sense of male superiority and entitlement.
  • Men may use violence to assert dominance and reinforce their perceived superiority.
• Substance Abuse:
  • Alcohol or drug misuse that impairs judgement and exacerbates violent tendencies. Intoxication leads to loss of inhibitions and escalation of conflicts into physical or verbal abuse.
• Dowry Culture:
  • There is a strong correlation between domestic violence and the dowry system, with instances of violence increasing when dowry expectations are not met.
    • Despite legislation prohibiting dowry, such as the Dowry Prohibition Act 1961, cases of bride burning and violence related to dowry persist.
  • Financial stressors and dependency dynamics that exacerbate tensions within relationships.
• Sociocultural Norms:
  • Traditional beliefs and practices perpetuate gender roles and household power imbalances.
  • Patriarchal systems that prioritise male authority and control over women. Violence often stems from notions of ownership over women's bodies, labour, and reproductive rights, reinforcing a sense of dominance.
    • Desire for dominance and exertion of control over a partner, stemming from insecurity or entitlement.
  • Social conditioning often portrays marriage as the ultimate goal for women, reinforcing traditional gender roles.
  • Indian culture often glorifies women who exhibit tolerance and submission, discouraging them from leaving abusive relationships.
• Socioeconomic Stressors:
  • Poverty, and unemployment, create additional stresses within households, increasing the likelihood of violent behaviour.
• Mental Health Issues:
  • Untreated mental health conditions such as depression, anxiety, or personality disorders that contribute to volatile behaviour.
• Lack of Education and Awareness:
  • Limited understanding of healthy relationship dynamics and rights, leading to acceptance or normalisation of abusive behaviour.
    • Ignorance about legal protections against domestic violence or available support services.
  • Many women lack awareness of their rights and accept their subordinate status, perpetuating a cycle of low self-esteem and subjugation.

What Legal Frameworks Address Domestic Violence in India?

Why is Enforcement of Laws Against Domestic Violence Challenging?

• Social:
  • Victims often hesitate to report domestic violence due to societal stigma, fear of retaliation, or concerns about family reputation. This silence makes it challenging for authorities to take action.
  • Domestic violence incidents are often underreported. Victims may not recognise certain behaviours as abuse or may normalise them.
• Lack of Awareness:
  • Many people, including victims, are unaware of their legal rights and available resources. Without awareness, reporting and seeking legal help become difficult.
• Dependency and Economic Factors:
  • Victims may be financially dependent on their abusers. Fear of economic repercussions can prevent them from seeking legal assistance.
• Inadequate Implementation and Training:
  • Law enforcement agencies and judicial bodies may lack proper training on handling domestic violence cases. Inconsistent implementation of laws hinders effective enforcement.
• Legal Hurdle:
  • Proving domestic violence in court requires substantial evidence. Lack of witnesses or physical evidence can weaken cases.
• Complex Family Dynamics:
  • Domestic violence often occurs within family units. Legal actions can disrupt family relationships, making victims hesitant to pursue legal remedies.
• Cultural and Regional Variations:
  • Different cultural norms and practices affect how domestic violence is perceived and addressed.
  • Enforcement strategies must consider these variations.

Way Forward

• A fundamental prerequisite is a transformative change in attitudes towards gender roles and power dynamics. Initiatives targeting both men and women are crucial for fostering mutual respect and dismantling the patriarchal mindset deeply ingrained in society.
• Mandate gender perspective training for stakeholders like law enforcement, service providers, and magistrates to foster empathy and victim-centred approaches.
• Ensure victims have access to free or low-cost legal representation throughout the court process.
• Implement programs that equip survivors with job training and financial literacy skills, fostering economic empowerment.