PROTECTION OF WOMEN

AGAINST DOMESTIC VIOLENCE

Submitted by

R.GOWTHAM

Reg. No. BA0150017

Under the Guidance of

Ms. GOLDA SAHOO

Assistant Professor

TAMIL NADU NATIONAL LAW SCHOOL

(A State University established by Act No. 9 of 2012)
Tiruchirappalli
Tamil Nadu 620 009
SEPTEMBER 2016

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 PROTECTION OF WOMEN AGAINST DOMESTIC VIOLENCE

If we knew that more than two-third of women had a debilitating disease that is wearing
them down mentally and physically, would we continue to ignore it?

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 S.NO CHAPTER NO: SYNOPSIS
1 1.1 INTRODUCTION
1.2 WHAT IS DOMESTIC VIOLENCE
1.3 DOMESTIC VIOLENCE
A CRIMINAL OFFENCE
2 2.1 FACTORS FOR DOMESTIC VIOLENCE
3 3.1 FORMS OF DOMESTIC VIOLENCE
3.2 EFFECTS OF DOMESDTIC VIOLENCE
4 4.1 LAWS REGARDING DOMESTIC VIOLENCE
5 5.1 REMEDIES
6 6.1 CONCLUSION
6.2 CRITICAL ANALYSIS

ABSTRACT:

This article studies domestic violence against women in India, and attitudes to domestic
violence. I have not used the term gender-based violence because nowadays both men and

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women use violence to control their spouses. Data from the Demographic and Health Survey
2004-2005 has been analysed. This survey includes women in the ages of 15 to 49, in 26
Indian states. It seems likely that it is related to whether such violence is seen as acceptable in
the perpetrator's family and in the local community. The prevalence of domestic abuse against
women has been estimated as high as one in four. The risk is particularly high for women
who are younger, economically dependent, unemployed and with children. Research about
the factors that maintain situations of abuse has generally focused separately on the coping
strategies of women, barriers to leaving the relationship and the perpetrators' means of abuse.
Twelve women who had experienced domestic abuse and had used voluntary sector services
agreed to be interviewed about their experiences and the resources and strategies available to
them. Using grounded theory we generated four themes: (1) forms of abuse; (2) different
types of domestic violence; (3) consequence of domestic violence; (4) remedies. These
findings illustrate how situations of domestic violence can be prolonged by limited options
available to victims for support and protection, and a lack of active public acknowledgement
that domestic abuse is unacceptable.

OBJECTIVES:

To describe about the domestic violence and its causes

To explain about the forms of the domestic violence
To show the growth of domestic violence in India by survey
To show the subsequent consequences of the domestic violence

METHODOLOGY:

The project entitled PROTECTION OF WOMEN AGAINST DOMESTIC VIOLENCE is

done by study in domestic violence in India with the help of survey by the national family
health survey done in 2005-2006 and many other sources. By this project, I try to convey the
concept of domestic violence and to control it by many methods.

CHAPTER - I

INTRODUCTION:

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 India is a country of vast culture and tradition. Most of the Indians, as to follow their
tradition do arranged marriage which leads to the less understanding of behaviour and
character between the husband and wives, which mostly results in domestic violence. Also,
India from its past is a male chauvinistic country where most husbands to show their
superiority beat up their wives, if they had difference in opinion in any family economic
issues, which also leads to domestic violence. Domestic violence was recognised as a
criminal offence in India on 19831. The offence is chargeable under 498A of the Indian Penal
Code. However, until recently, there was no separate civil law addressing the specific
complexities associated with domestic violence, including the embedded nature of violence
within familial networks, the need for protection and maintenance of abused women, and the
fact that punishment and imprisonment for the husband may not be the best resolution in
every case.

WHAT IS DOMESTIC VOILENCE?2

The term used to describe this exploding problem of violence within our homes is
Domestic Violence. This violence is towards someone who we are in a relationship with, be it
a wife, husband, son, daughter, mother, father, grandparent or any other family member. It
can be a males or a females atrocities towards another male or a female. Anyone can be a
victim and a victimizer. This violence has a tendency to explode in various forms such as
physical, sexual or emotional.3

Domestic violence, also known as domestic abuse, spousal abuse, family violence, or
intimate partner violence can be broadly defined as a pattern of abusive behaviours by one or
both partners in an intimate relationship such as marriage, dating, family, friends or
cohabitation. Domestic violence has many forms including physical aggression, or threats
thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking;
passive/covert abuse; and economic deprivation. Alcohol consumption and mental illness can
be co-morbid with abuse and present additional challenges when present alongside patterns of

1 Little Oxford English Dictionary, 6th impression2007, Oxford university press, p.785

2 Panda, P. and Agarwal, B. 2005. Marital Violence, Human Development and Womens Property
Status in India. World Development

3 Yogana, monthly magazine, article about domestic violence act, 2005.

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abuse. Domestic violence in India includes any form of violence suffered by a person from a
biological relative, but typically is the violence suffered by a woman by male members of her
family or relatives. It occurs when a family member, partner or ex-partner attempts to
physically or psychologically dominate another. Domestic violence often refers to violence
between spouses, or spousal abuse but can also include cohabitants and non-married intimate
partners. Domestic violence occurs in all cultures; people of all races, ethnicities, religions,
sexes and classes can be perpetrators of domestic violence. Domestic violence is perpetrated
by both men and women.

The Domestic Violence Act of 2005 of India legally defines domestic violence and the
prosecution guidelines of those cases that are reported to the police.

DOMESTIC VIOLENCE - A CRIMINAL OFFENCE:4

In 1983, domestic violence was recognized as a specific criminal offence by the

introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a
husband or his family towards a married woman. The main legislative measures at the
national level for the children who become a victim of child labour include The Child Labour
Prohibition and Regulation Act -1986 and The Factories Act -1948. The first act was
categorical in prohibiting the employment of children below fourteen years of age, and
identified 57 processes and 13 occupations which were considered dangerous to the health
and lives of children. The factories act again prohibits the employment of children less than
fourteen years of age.

An act called Protection of Women from Domestic Violence Act, 2005 [DVA, 2005]
also has been passed. This Act ensures the reporting of cases of domestic violence against
women to a Protection Officer who then prepares a Domestic Incident Report to the
Magistrate and forward copies thereof to the police officer in charge of the police station
within the local limits of jurisdiction.

CHAPTER-II

4 http://www.legalserviceindia.com/articles/dmt.htm

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FACTORS/CAUSES RESPONSIBLE FOR DOMESTIC VIOLENCE:

There is no one single factor to account for violence perpetrated against women. Increasingly,
research has focused on the inter-relatedness of various factors that should improve our
understanding of the problem within different cultural contexts. 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 5. Violence against women is partly a result of
gender relations that assumes men to be superior to women. Following are the some of the
causes of Domestic Violence discussed as under:

1) Historical Factors

Historical factors trace the origin of Domestic Violence of various aspects such as external
influence, Islamic rules, British colonialism and western influence in present times which
cause the development and propagation of this offence against women.

2) Religious Factors

Religious attitudes have influence the way women have been treated, A sublime
psychological abuse seems to have appeared early in history of Indian society that has
received religious sanctifications. Religion has an effect on the way our society was
structured. Stratification was based on race birth and descent which were referred to as Verna
and Jati respectively.

3) Sociological Factors

These causes can be studied under the following heads as under:-

a) Aggressive Attitude

The word tolerance is losing its relevance in todays world. In this new world there exist no
morals and norms. Nobody here knows her non-violence is better than violence and e.g. why
people behave aggressively on every issue. They believe that every matter inside and outside
the home should be solved with physical power not with peace. Moreover in this man

5 Domestic Violence in India: Will Law Alone Change the Situation? 3 By Dr.
Tabrez Ahmad , Poorva Khandekar , Kundan Kumar Ojha , Ipsita Mohanty ,
Priyanka Biswas

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dominating society women are not allowed to be ahead of men because of the belief that a
man who cannot control women would not regard as mean in real sense.

b) Poverty

When a person is not able to meet even a two square, he may get aggressive and violence and
this leads to domestic violence often against woman.

c) Status Difference

Status difference is another main cause of domestic violence. In every society besides of great
advancement man, try to achieve high status and for that his greed for money increases and
this may lead to domestic violence.

d) Dominating Behavior

Domestic Violence may start when one partner feels the need to control and dominate the
other. Abuses may be feel this need to control their partner because of low self esteem,
extreme jealousy, difficulties in regulating anger and other strong emotions or when they feel
inferior to the other partner in education and socio-economic background.

e) Drug Addiction

Alcohol and other chemical substances may contribute to violent behavior. A drunk or high
person will be less likely to control his violent impulse.

f) Psychological Factors

The below are the some of the Psychological factors considered to be the causes of domestic
violence by the psychologists. These as under are:

i. Learnt behavior as a child

This states that the perpetrator of domestic violence is one who has learnt such behavior
when he or she was a child. It can happen that the abuser is one who comes from a violent
home.

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ii. Extra-marital affairs

These are an increasing factor in marital conflicts which lead to domestic violence. Extra-
marital affairs are frequent and the lack of trust, doubtful and suspicious attitudes lead to
disputes which can lead to physical abuse/beating of partners. Marital/conjugal
responsibilities are neglected/avoided due to extra marital affairs. These again lead to
disputes, domestic violence and sometimes separation/divorce. Children may suffer due to
separation/divorce of parents due to neglect by either parent who is more concerned about
their affair.

iii. Personality pattern/Nature of the partner (quarrelsome/dominant role)

The personality pattern of certain people (as defined by their innate tendencies and the impact
of environment (parents, family, relatives /socialization) might have been shaped in such a
fashion that a partner assumes a leading/dominant role in a marital/conjugal relationship. This
can lead to clashes between partners who are of different schools of thought, ways and
patterns of upbringing and education. Non-adjustment, Non-acceptance and Non-
understanding of a relationship in conflict can lead to domestic violence.

iv. Irresponsible/Careless partners

Partners who are irresponsible/careless with respect to conjugal/marital responsibilities such

as work, purchase of necessary goods, construction of house, payment of bills, responsibility
for childrens education/schooling may be one of the causes of domestic violence.

v. Interference of In-laws

Mauritius being a country where extended family system still prevails, interference of in-
laws/elders in conjugal matters of couples sometimes leads to rifts leading to domestic
violence.

vi. Stress

Stress is considered as a cause of domestic violence. A person can be under stress due to
responsibilities at home or can be some problems at work. This person has a tendency to be
violent towards the partner.

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 CHAPTER-III

FORMS OF DOMESTIC VIOLENCE:6

All the possible forms that will constitute the offence for a better understanding:

PHYSICAL ABUSE

Physical abuse is the most pervasive and ancient method of subordinating of women in a
family, it is the most common control mechanism applied against a woman within the
domestic sphere. While defining Domestic Violence under the Protection of Women from
Domestic Violence Act, 2005, in section 3 of the act Physical Abuse is explained as any act or
conduct which is of such nature as to cause bodily pain, harm or danger to life, limb, or
health or impair the health or development of the aggrieved person and include assault
criminal intimidation and criminal force.

PSYCHOLOGICAL/ EMOTIONAL VIOLENCE

Causing of abuse to a woman in the domestic sphere is multidimensional. Under the

Protection of Women from Domestic Violence Act, 2005 emotional or psychological abuse
which has been categorized as verbal, is explained as to include insults, ridicule,
humiliation, name calling and insults especially with regard to not having a child or a male
child and repeated there as to cause physical pain to any person in whom the aggrieved
person is interested7. Psychological abuses are one of the major forms of abuses faced by
women.

SEXUAL ABUSE

This form of abuse is specific to the interpersonal relation between a man and a woman most
often in a marital relationship. Of the many duties that a wife has towards her husband,
performance of sexual duties is one of them. A wife is never expected to neglect her duties
6 http://www.legalservicesindia.com/article/article/domestic-violence-against-women-causes-and-
cure-1709-1.html

7 , http://www.peoples-health.com/financial_abuse.htm

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failure to carry out sexual duties or unfaith fullness appears to have been widely accepted and
understandable explanation for mens violence. In present times men use sexual violence to
assert and maintain their superior masculinity. This form of abuse is more common in
households where men are literate and affluent. In a survey it was found that 79% of men
used sexual violence to control their wives fidelity and 57% of them had more than 6 years
of formal education.

INTELLECTUAL ABUSE

Of all the abuses in Domestic Violence previously discussed, intellectual abuse has been
missing from all the definitions of Domestic Violence. This is perhaps because in India a
marital relationship or any other man-woman relationship is about the acceptance of
inequality, where men dominate and injure and women get dominated and endure. The entire
socialization process has an inherent isolation for both men and women, which inhibits
effective communication between the two. Even where domestic harmony exists, there is a
sense of isolation in thought whereby both men and women experience alienation from each
other and at a certain level they come out to be strangers. Different educational levels add to
the isolation as the mental levels are different and both find difficulties in relating to each
other at the intellect level. In most of instances it is seen that Indian marriages are clouded
with words such as adjustments and compromises.

EFFECTS OF DOMESTIC VIOLENCE AGAINST WOMEN8:

Since women are mostly mentally weak than men in India, the deadly consequence will be
suicide and such consequence is increasing nowadays. Because of their problems in the
house, many Indian women lose their concentration on work which leads to drop out from
work place. Some women leave their home immediately after atrocious attacks and beatings
from their husband and try to become self-defendant. Their survival becomes difficult and
painful when they have to work hard for earning two meals a day. Some of the women who
left their home are forcefully and willingly for their living involved in pornography and
women trafficking.

8 Article by Ankur Kumar on domestic violence in India, Posted on February 7, 2010

in Editor's Picks, Society

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The major consequence of domestic violence against the women is that the child, who notices
what is done openly in front of his eyes may have a tendency to reciprocate the same in their
lives.

Because of the domestic violence against the women leads them to maintain a distance from
their partner. Their sexual life is affected adversely and also leads to a divorce and seek
separation which again affect the life of the children. In India, there are certain organisations
and Non-Governmental Organisations such as Women Welfare Association of India (WWAI),
Affus Woman Welfare Association (AWWA) and Womans Emancipation and Development
Trust (WEDT) to rescue the women who are being cruelly tortured by the their in-laws and
her husband9.

Any action done by a man leads to a problem when it has adverse effect on society. Some of
general effects of Domestic Violence against Women are depression, anxiety attacks, low
self-esteem, lack of trust in others, feeling of abandonment, anger, sensitivity to rejection,
chronic health problems, sleeping problems, inability to work, poor, relationships, substance
abuse. In addition to these, problems, physical abuse may result in serious injury or death if
the victim does not leave the relationship.

EFFECTS ON CHILDREN:

Children who witness domestic violence may develop serious emotional behavioral,
developmental or academic problems. As they develop, children and teens who grow up with
domestic violence household are more likely to:-

Exhibit violent and aggressive behavior,

a. Attempts suicide,

b. Use and abuse drugs,

c. Common crimes, especially sexual assault,

d. Become abusers in their relationships later in life.

9 http://www.legalindia.com/dhawesh_pahuja_article_about_domestic_violence

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It is because of lack of parental control over children due to death, divorce or desertion of
parent or their ignorance or illness and domestic quarrels may furnish soothing ground for the
children to resort to bad practices and election of wrong path.

EFFECT ON THE SOCIETY:

All the different forms of violence adversely affect the society. Violence against women
may keep them locked in homes submitting 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.

AGAINST WHOM DOMESTIC VIOLENCE CAN BE FILED

In the present day scenario, complaint can be filed against any adult male member who is in a
domestic relationship with the aggrieved person and against whom the aggrieved person has
sought any relief under this Act including the other family members such as mother-in-law,
father-in-law, brother-in-law etc. or any relative of the husband or male partner. But in a
recent judgement of 2010 in the case of Kusum Lata Sharma vs State & Anr, the
Bombay High court held that a sister cannot file a complaint against her brother's wife, or her
own sister. A mother-in-law if subjected to domestic violence by daughter-in-law cannot file a
case against her daughter-in-law however she can file a complaint case against her son
mentioning the name of the daughter-in-law as the agent of her son.

IS DOMESTIC VIOLENCE GENDER NEUTRAL

Yes, domestic violence can be said to be gender neutral in India because according to the
research and studies it is clear that the number of men and women who commit violence
toward each other is equal with respect to the analysis of these studies but apart from this it
has also been found out that women are more likely to report act of violence then men in
India. The reason for the violence both in men and women are different as men turn into

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violent when they feel a sense of powerlessness such as when they are not able to overcome
what they want and women turn violent when they are frustrated or do not get their spouses
attention. Hence it can be said that men and women are both the victims of domestic violence
and hence an inclusive approach must be taken to help families resolve conflict.

CHAPTER-IV

PUNISHMENT AGAINST DOMESTIC VIOLENCE

There are various regulations or provisions being made for protection of women against
domestic violence under the statute such as Sec.304B of IPC pertaining to dowry death.

Under section 313-316 of IPC female infanticide has been made punishable which means
forcefully terminating the pregnancy of women.

Other sections of IPC dealing with these issues are section 305-306 related to abetment of
suicide and 340,349 of IPC respectively wrongful confinement and wrongful restraint.

A complaint can also be filed under section 498A of IPC for cruelty which also falls under
domestic violence.

LAWS REGARDING DOMESIC VIOLENCE10:

Many laws deal with the domestic violence and the punishment for the offenders of such
cruel crimes, which may lead to the various results which are mentioned above. There are
certain remedies for controlling the activity of domestic violence; however it is my main duty
to mention certain sections and articles in the constitution which talk about the rights of the
women in India which are as follows:

ARICLE 16, Indian constitution:-

It talks about giving equal opportunity in matters of public employment which may decrease
the opinion in the minds of the husbands that their wife are lower than them in knowledge,
power, family management etc.

ARTICLE 21, Indian constitution:-

10 Indian constitution

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It talks about the protection of life and personal liberty of each and every human being in
India, which means women were not unequal to men many aspeacrs such as knowledge and
family management. This article states that No person shall be deprived of his life or
personal liberty except according to procedure established by law. Certain principles of
policy to be followed by the State:

a) that the citizens, men and women equally, have the right to an adequate means of
livelihood;
b) that the operation of the economic system does not result in the concentration of wealth
and means of production to the common detriment.

ARTICLE 39A, Indian constitution:-

This talks about the equal justice for both men and women and also talks about providing free
legal aid. The State shall secure that the operation of the legal system promotes justice, on a
basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for securing justice
are not denied to any citizen by reason of economic or other disabilities.

SEC 125, CPC,197311:

This talks about the order for maintenance of wives and their children and parents. It is a
legal duty of a man to protect his parents and wives and if any crimes were happened to them
with the knowledge of that man, he would be punished according to the punishment
mentioned in this section with respect to the IPC.

Sec. 198, CPC, 1973:-

This part talks about the prosecution for offences against marriage. This section says about
the prosecution rules for the husband who abuses his wife in any ways such as physical or
mental, which was mentioned above provided that he is more than 18 age and not mentally
disordered and other certainties. The provisions of this section apply to the abetment of, or
attempt to commit, an offence as they apply to the offence

11 Criminal Procedure Code, 1973

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THE INDIAN PENAL CODE, 186012

Sec. 304B - Dowry death

Where the death of a woman is caused by any bums or bodily injury or occurs otherwise than
under normal circumstances within seven years of her marriage and it is shown, that soon
before her death she was subjected to cruelty or harassment by her husband or any relative of
her husband for, or in connection with, any demand for dowry, such death shall be called
"dowry death", and such husband or relative shall be deemed to have caused her death.

Whoever commits dowry death shall be punished with imprisonment for a term which shall
not be less than seven years but which may extend to imprisonment for life.

Sec. 312 - Causing miscarriage

Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not
caused in good faith for the purpose of saving the life of the woman, be punished with
imprisonment of either description for a term' which may extend to three years, or with fine,
or with both; and, if the woman be quick with child, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.

Sec. 313 - Causing miscarriage without woman's consent

Whoever commits the offence defined in the last preceding section without the consent of the
woman, whether the woman is quick with child or not, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.

Sec. 314 - Death caused by act done with intent to cause miscarriage

Whoever, with intent to cause the miscarriage of a woman with child, does any act which
causes the death of such woman, shall be punished with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to fine.

12 Indian Penal Code, 1860

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 CHAPTER-V

REMEDIES:13

A recent study by the Indias National Crime Records (NCRB) has conclude that
domestic violence against the women is the fastest growing crime in India and also according
to their latest reports a crime is being recorded against their husband foe every three minutes
in India. For every minute, average of two women is raped in our country. Every six hours, a
young married woman is found beaten to death, burnt or driven to suicide.14

The main question which arise in our mind after seeing the present phenomena of
domestic violence are that how to reduce the occurrence of the domestic violence in not only
but also in the world. Since it depends on the mental problems of the spouse or the house
members, it can be fully curbed out of the society only by the willingness of each and every
members of the society. However with the help of the following, domestic violence can be
controlled.

Laws
Non-Governmental Organisations
Police

LAWS:

At present there is no single law in the Indian Constitution which can strictly deal with
all the different forms of Domestic Violence as discussed in this essay. There is an urgent
need for such a law in the country15. In fact, there has also been misuse of section 498-A and
DVA, 2005 because of restricted definition of cruelty subjected to married women.

13 http://www.youthkiawaaz.com/2010/02/domestic-violence-in-india-remedies

14 http://www.domesticviolence.in/category/domestic-violence-statistics

15 Yogana, monthly magazine, article about domestic violence act, 2005.

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 Thus the law in our country should be changed and new amendments regarding the law
which deals with the domestic violence should be made to create a fear in the mind of the
monsters who tortures their spouses for their happiness or for silly reasons.

NON-GOVERNMENTAL ORGANIZATIONS:

The role of non-governmental organizations in controlling the domestic violence and

curbing its worse consequences is essential. Some of the NGOs are

Sakshi
Majlis and Swaadhar in Mumbai
Sneha in Chennai
Vimochana in Bangalore

Sakshi a violence intervention agency for women and children in Delhi works on cases of
sexual assault, sexual harassment, child sexual abuse and domestic abuse and focuses on
equality education for judges and implementation of the 1997 Supreme Courts sexual
harassment guidelines. Womens Rights Initiative another organization in the same city
runs a legal aid cell for cases of domestic abuse and works in collaboration with law
enforcers in the area of domestic violence.

In Mumbai, bodies like Majlis and Swaadhar are doing meaningful works in this field.
Sneha in Chennai and Vimochana in Bangalore are working on many womens issues arising
from domestic abuse. They are also doing active work in issues related to labour. Services
ranging from counselling, education and outreach, giving provisions, and mobilizing them for
gaining self-confidence are provided to them. Anweshi is a womens counselling centre in
Kozhikode providing meditation, resource and counselling for battered women. All the above
bodies have their own registered offices, contact numbers and websites for those who want to
seek help. There are at present only few NGOs for welfare of men like Social Welfare
Association for Men (SWAM) in Chennai. Few more such organizations need to be opened
for the help of abused men.

These NGOs continue to spread awareness amongst people regarding the legal rights
they have in hand for fighting against the atrocities they are subjected to. They are
encouraging more and more people to report any case of domestic violence so that proper
action may be taken against the culprits.

POLICE:

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 Police plays a major role in tackling the domestic violence cases. They need to be
sensitized to treat domestic violence cases as seriously as any other crime. Special training to
handle domestic violence cases should be imparted to police force. They should be provided
with information regarding support network of judiciary, government agencies/departments.
Gender training should be made mandatory in the trainings of the police officers. There
should be a separate wing of police dealing with womens issues, attached to all police
stations and should be excluded from any other duty.

Authorities should take steps to recognize Domestic Violence as a public health issue. A
crisis support cell needs to be established in all major Government and Private Hospitals with
a trained medical social worker for provide appropriate services. Training programmes must
be organized for health professionals in order to develop their skills to provide basic support
for abused people. Documentation on the prevalence and the health consequences of
domestic violence should be undertaken by the concerned government departments, health
care institutions, NGOs and counselling centres. A nodal agency should also be set up for the
annual consolidation of the documented work and publish the same for wider publicity
among the masses for increasing awareness.

CHAPTER-VI

CONCLUSION:

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 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 and to control it. 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.

CRITICAL ANALYSIS:

Domestic violence becomes a major crime in our country, which hadnt be yet taken to the
lights in the society. It has to be reduced or totally stopped before it happens in each and
every family.

My opinion is that the laws are mainly in support in females and not the domestic violence
against men is not even taken into consideration. I am not saying that all the laws are in
support of women, but certain are. Nowadays, women in the name of equality do all the
things which men do, even it is wrong. In India, it is not considered as a crime if the wives
torture their husbands physically and mentally and there is no specific law for it. Without any
solution for the problems in their families and by their wives, many husbands had committed
suicide, without any other choices and leaving his children alone. The Indian laws were in
support of women in many issues like domestic violence, which made the women to think
that they have more rights and respect than men and many fraud complaints were filed by the
wives against their husbands for their personal problems.

According to section 497 of IPC, the female who performs adultery will not be considered
as a abettor and not punished but the male who committed adultery will be punishable with
imprisonment of either description for a term which may extend upto five years, or with fine,
or with both. This is a perfect example that laws are in favour of women.

According to 304(B) of IPC, Where the death of a woman is caused by any burns or bodily
injury or occurs otherwise than under normal circumstances within seven years of her
marriage and it is shown that soon before her death she was subjected to cruelty or
harassment by her husband or any relative of her husband for, or in connection with, any
demand for dowry, such death shall be called "dowry death", and such husband or relative

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shall be deemed to have caused her death. Men were arrested wrongly under the provision of
dowry dead.

In many cases, husbands cannot talk against their wives as they were afraid that they would
file a complaint against them. The police also, without complete enquiry arrest their husband.
Thus my personal opinion is that certain laws must be changed in favour of both sex.

BIBLIOGRAPHY:

Yogana, monthly magazine, article about domestic violence act, 2005.

Panda, P. and Agarwal, B. 2005. Marital Violence, Human Development and
Womens Property Status in India. World Development.
Martin L. S. 1999, Domestic Violence in Northern India. Page No: 417-426

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 Article by Ankur Kumar on domestic violence in India, Posted on February 7, 2010
in Editor's Picks, Society
National family health survey on domestic violence during 2004-2005.
Little Oxford English Dictionary, 6th impression2007, Oxford university press, p.785.
Domestic Violence in India: Will Law Alone Change the Situation? 3 By Dr. Tabrez Ahmad ,
Poorva Khandekar , Kundan Kumar Ojha , Ipsita Mohanty , Priyanka Biswas
Indian Penal Code, 1860
Criminal Procedure Code, 1973
Indian Constitution, 1950

WEBSITES REFERRED:

http://www.legalindia.com/dhawesh_pahuja_article_about_domestic_violence
http://www.legalservicesindia.com/article/article/domestic-violence-against-women-
causes-and-cure-1709-1.html
http://www.indiatogether.org/manushi/issue120/domestic.htm
http://www.domesticviolence.in/category/domestic-violence-statistics
http://www.youthkiawaaz.com/2010/02/domestic-violence-in-india-causes-
consequences-and-remedies
http://www.legalserviceindia.com/articles/dmt.htm
http://www.legalserviceindia.com/article/l263-Domestic-Violence-in-Marriage.html
http://www.peoples-health.com/financial_abuse.htm

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