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CHAPTER 1

1.1 INTRODUCTION:

“There is no chance for the welfare of the world unless the condition of
women is improved.”
- Swami Vivekananda

Women throughout the world have been accorded lower status than men.
Traditionally, women were expected to be married off and settle down in life.
Rights of power, position and authority over women were accorded to men.
Women were given a very subordinate role and status, as the socio-economic and
external conditions prevailing in ancient times were not favorable for the free
movement of women.

In the ancient Indian women held a high place of respect in the society as
mentioned in Rig Veda and other scriptures. Volumes can be written about the
status of our women and their heroic deeds from the vedic period to the modern
times. But later on, because of social, political and economic changes, women lost
their status and were relegated to the background. Many evil customs and
traditions stepped in which enslaved the women and tied them to the boundaries of
the house.

In the 21st century even though women are educated and equally participating in
employment with men, still the social conventions, traditions and restrictions
controlling the life of women directly or indirectly. Nowadays, India is in dark
ages, in fact, dark ages were much better than this age. At least, they were not
shameless and greedy unlike today. The situation of women in India is not at all, in
any way, better.
India is a society where the male is greatly revered. Therefore women, especially
the young girls, get very little respect and standing in this country.
According India’s constitution, women are legal citizens of the country and have
equal rights with men. Because of lack of acceptance from the male dominant
society, Indian women suffer immensely. Women are responsible for baring
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children, yet they are malnourished and in poor health. Women are also
overworked in the field and complete the all of the domestic work. Most Indian
women are uneducated. Although the country’s constitution says women have
equal status to men, women are powerless and are mistreated inside and outside the
home.
The official statistics showed a declining sex-ratio, health status, literacy rate, work
participation rate and political participation among women. While on the other
hand the spread of social evils like dowry deaths, child marriage, domestic
violence, rape, sexual harassment, exploitation of women workers are rampant in
different parts of India. Humiliation, rape, kidnapping, molestation, dowry death,
torture, wife-beating etc. Even though the constitution guarantees free primary
schooling to everyone up to 14 years of age, very few females attend school. Only
about 39 percent of all women in India actually attend primary schools.
Violence against women is a serious problem concerning human rights violation.
In last two decades violence against women has emerged as the most burning issue
throughout the globe. Day to day violence is taking a lift in spite of all the
necessary actions taken by the government agencies. As we all know women are
vulnerable targets to extreme forms of aggression such as incest, rape, dowry
deaths, trafficking etc. One of the most heinous incidents which is on air recently is
the gang rape of 23 year old medical student in Delhi. In the South Asian Region,
violence against women begins long before they are born and continues throughout
their lives. The lives of unborn girls are terminated through sex selective abortions.
Every sixth death of a female infant in India, Bangladesh and Pakistan is due to
neglect and discrimination. In the Region, females face restrictions in mobility,
usually have less to eat than their male counterparts, are denied proper education
and health care, are often forced into early arranged marriages, have few
opportunities of employment and are underrepresented in the governments.
Violence against women is any act of gender-based violence which results in,
physical, sexual or arbitrary deprivation of liberty in public or private life and
violation of human rights of women in violation of human rights of women in
situations of armed conflicts.
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1.2 DEFINITION

Domestic Violence (now and again alluded to as domestic maltreatment or spousal

maltreatment) happens when relative, accomplice or ex-accomplice endeavours to
actually or mentally rule another. Domestic violence frequently alludes to violence
between mates, or spousal maltreatment yet can likewise incorporate companions
and non-wedded private accomplices.

Domestic violence happens in all societies; individuals of all races, nationalities,

religions, genders and classes. Domestic violence is executed by all kinds of
people, happening in both same-sex and other gender connections. A continuous
view of domestic violence is that it is restricted to actual damage propagated on
companions inside conjugal relationship. Across societies in any case, there are
assortment of living plans from joint-families to family units and to single-parent
families.

Additionally women might be in set up relationship or during time spent

detachment or separation. Violence is not confined from current spouse, yet may
reach out to beaus, previous husbands, and other relatives like guardians, kin and
parents in law. Definition that recognizes these different conceivable outcomes
would prompt intercessions that are comprehensive of multitude of encounters of
women.

The expression "cozy accomplice violence" (IPV) is frequently utilized

interchangeably. Family violence is more extensive definition, regularly used to
incorporate youngster misuse, senior maltreatment, and other rough
demonstrations between relatives. Spouse misuse, wife beating, and battering are
terms some of time utilized,

however with affirmation that many are not really hitched to victimizer, but instead
co-habiting or different plans. Meaning of domestic violence settles upon not just
on idea of connection between culprit and person in question, yet additionally upon
standards of satisfactory conduct.
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There is significant distinction of assessment with respect to which conduct or

appearance ought to be thought of as fierce just as degree of power and recurrence
needed to mark relationship as rough.

Another combative issue is way to assess expectation of demonstration, why

demonstration was started and whose view ought to decide this. For instance,
Indian field experience shows that critical quantities of women don't see
demonstrations of violence as violence assuming they see them to be defended The
social develop encompassing ideal "great lady" obviously draws lines for ok
standards, past which verbal and actual attacks convert into thought of violence.

Along these lines, spouse beating isn't viewed as unnecessary response; in event
that lady doesn't play out her "wifely" obligations sufficiently, for example, having
suppers prepared on schedule or enough focusing on her youngsters. This is
additionally muddled by typical conviction, that brutal demonstrations are
declaration of adoration and just craving to assist subject with being "superior
individual" Passage 117 of Beijing Platform for Action states: "The feeling of
dread toward violence, including badgering is super durable requirement on
versatility of women and limits their admittance to assets and fundamental
exercises. High friendly, wellbeing, and financial expenses for individual and
society are related with violence against women. Violence against women is one of
significant social systems by which women are constrained into subordinate
position contrasted and men". The expressions "violence against women" and
"domestic violence" are frequently being utilized equivalently. In any case, there
are unobtrusive contrasts in what they pass on, as is obvious from accompanying
definitions:

Violence against women: United Nations Declaration on Elimination of Violence

against Women characterizes "violence against women" as any demonstration of
orientation based violence that outcomes in, or is probably going to bring about,
physical, sexual or mental damage or enduring to women.
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Demonstration of violence might happen in family, general local area, or in any

event, being executed and supported by state (United Nations General Assembly
1993). As per UNICEF, expression "domestic violence" incorporates violence
against women and young ladies by private accomplice, including living together
accomplice, and by other relatives, regardless of whether this violence happens
inside or past limits of home.

The British government has taken on one of more broad depictions of domestic
violence, one that incorporates entirety of previous components: "Any episode of
compromising conduct, violence or misuse (mental, physical, sexual, monetary or
enthusiastic) between grown-ups who are or have been personal accomplices or
relatives, paying little mind to orientation or sexuality." Beyond essential
definition, public authority outfits further portrayal of domestic violence as "an
example of oppressive and controlling conduct" by which victimizer endeavours to
acquire control over person in question. Government fights that domestic violence
crosses age, orientation, racial, sexuality, riches, and topographical lines.
(Wrongdoing Reduction.gov.uk,

Domestic violence small scale site, 2005) Interestingly, definition presented by

public authority extends portrayal to incorporate other "relatives" notwithstanding
"personal accomplices." The U.S. Office on Violence against Women (OVW)
characterizes domestic violence as "example of harmful conduct in any
relationship that is utilized by one accomplice to acquire or keep up with power
and command over another cozy accomplice. Domestic violence can take many
structures, including actual maltreatment, sexual maltreatment, enthusiastic,
financial, or potentially mental maltreatment.

To work on nature of information accessible, Centres for Disease Control and

Prevention attempted undertaking to normalize meaning of "cozy accomplice
violence" as indicated by which "private accomplice violence" is portrayed as
physical, sexual, or mental mischief by momentum or previous accomplice or
mate. This kind of violence can happen among hetero or same-sex couples, and
doesn't need sexual closeness.
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"Cozy accomplices" incorporate current companions, current non-conjugal

accomplices, dating accomplices, separated or isolated mates, previous non-
conjugal accomplices, previous sweethearts/lady friends (hetero or same-sex).
(Community for Disease Control and Prevention 2011) Alongside above
associations, numerous famous researchers have additionally characterized
domestic violence.

Some of them are recorded beneath: Gelles (1974) has characterized family
violence as "everyday example and intermittent utilization of actual violence like
pushing, slapping, punching, cutting, shooting and tossing of articles by one
individual from family on another". Gelles and Straus (1979) added "expectation or
saw goal", yet family violence for them stayed physical in nature. Pagelow (1981)
characterized family violence as "Any demonstration of commission or exclusion
by relatives and any condition coming about because of such demonstrations and
inaction, which deny other relatives of equivalent privileges and freedoms as well
as disrupt their ideal turn of events and opportunity of decision". Kaushik (1988)
depicted family violence as "that which is caused for relative by blood or marriage
independently or by and large, is either held inside dividers of family or reached
out to guarantees for material or mental increase or ventilation". Domestic violence
is characterized as 'actual maltreatment or dangers of actual maltreatment by
grown-up in family or family part against another grown-up family or family part'.
This definition can be extended to remember violence for personal connections
where accomplices never lived respectively. It incorporates physical, enthusiastic
and sexual battering just as annihilation of property. Domestic violence can
likewise appear as 'controlling conduct to keep unevenness of force between
victimizer and battered lady, including any demonstration that makes casualty
accomplish something she would rather not do, keeps her from doing something
she needs to do, or makes her be apprehensive' A further basic component in
meaning of violence is whether it is outlined as solely relational demonstration or
seen all more extensively as declaration of force that propagates subjection of
women. Assuming it were previous, definition would just incorporate those acts,
which bring about actual proof.
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Assuming it is last option, definition would incorporate all demonstrations of

"physical, verbal, visual or sexual maltreatment" that are capable by women or
young ladies as dangers, attack or attacks and that have impact of harming her or
debasing her and removing her capacity to control contact (private or in any case),
with another individual. Set forth plainly, violence is demonstration of animosity,
as rule in relational communication or relations. It might likewise be animosity of
singular lady against herself, for example, self destruction, self-mutilation,
carelessness of sicknesses, sex assurance tests, food disavowal, etc. Essentially,
then, at that point, violence brings into question idea of limit upkeep and ability to
be self aware just as view of another's independence and character. It is coercive
component" to state one's will over another, to demonstrate or to feel feeling of
force".

Considering that violence isn't restricted to one gathering, "it tends to be sustained
by people with great influence against frail or by weak in counter against pressure
by others to deny their weakness". Going further, Govind Kelkar arranges violence
against women "in financial and political setting of force relations". She feels view
that it is "a demonstration of unlawful criminal utilization of power" is insufficient
and ought to incorporate "double-dealing, segregation, maintaining of inconsistent
monetary and social designs, making of climate of fear, danger or backlash and
types of religion social and political violence".

The more extensive definitions, despite fact that expressed in unexpected way,
ordinarily have accompanying normal components: example of oppressive
conduct; harmful conduct includes control, compulsion, as well as power; harmful
conduct might be physical, sexual, passionate, mental, and additionally monetary;
and survivor of harmful conduct is cohabitating or non-cohabitating close
accomplice or mate.

The center of meaning of domestic violence comprises of relative multitude of

acts that establish violence. Few definitions are thin and zero in on particular
demonstration of violence and others are more extensive and fuse full scope of
acts. Complete meaning of domestic violence would show that it addresses genuine
maltreatment of force inside family. It sabotages fundamental privileges of
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individuals, who in light of their orientation, age, inability or reliance are most
powerless against misuse. It is additionally characterized as genuine social and
criminal issue that can bring about passing and disablement of casualties. It can
include killing or physical or rape. It additionally includes different types of
oppressive conduct, like psychological mistreatment, monetary hardship, abuse and
disregard. Domestic violence regularly stays secret issue, with durable impacts on
its casualties.
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1.3 AIMS AND OBJECTIVES OF THE ACT:

In order to provide more effective protection of the rights of women
guaranteed under the constitution who are victims of violence of any kind
occurring within the family and for matters connected therewith or incidental
thereto. It extends to whole of India except the State of Jammu and Kashmir. In the
context of this act Domestic Violence shall Include-

(i) Any harm or injure that endangers health, safety, limb or well being either
mental or physical abuse, sexual abuse, verbal and emotional abuse or economic
abuse.

(ii) If one harasses, harms, injures or endangers the aggrieved person with a view
to coerce her or any other person related to her to meet any unlawful demand for
any dowry or other property or valuable security.

(iii) If one injures or causes harm, whether physical or mental to the aggrieved
person.

Any person who believes that an act domestic violence has been or is being
committed may give information about it to the concerned protection officer. No
ability, civil or criminal, shall be incurred by the person for giving information in
good faith.

A police officer, protection Office, Service provider or Magistrate who receives a

complaint of domestic violence shall inform the aggrieved person of her-

(i) right to move an application for obtaining relief by way of protection order, an
order for monitory relief, a custody order, a residence order, a compensation order
or more than one such order under this act.

(ii) Of the availability of services of service provider.

(iii) Of the availability of the services of Protection Officer.

(iv) of her right to free legal services under the Legal Services Authorities Act,
1987.
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(v) of her right to file a complaint under section 498 A of the Indian Penal Code
(45 of 1860) wherever relevant.

If an aggrieved person or on her behalf a protection Officer requests the person in

charge of a Shelter to the aggrieved person. Similarly a Protection Officer can
arrange medical facilities to the aggrieved person1.

The Central Government and every State Government shall take measures to
ensure that-

(a) the provisions of this act are given wide publicity.

(b) Periodic sensitization and awareness services are given to all concerned on the
issue addressed by this act.

(c) There is effective coordination between persons involved in the execution of

this Act and periodical review of the same.

(d) Protocols for various ministries concerned with the services of women under
the act including the courts are prepared and put in place.

The relief sought under this Act may include relief for the issuance of an
order for payment of compensation or damages for the injuries caused by the acts
of domestic violence. If the Magistrate considers that the circumstances of the case
so warrant and if either party to the proceedings so desires he may conduct the
proceeding s so desires he may conduct the proceeding camera. Notwithstanding
anything contained in any other law for the time being in force every woman in a
domestic relationship shall have the right to reside in the shared household whether
or not she has any right, title or benefit interest in the same. The aggrieved person
shall not be erected from the shared household by the respondent. The Magistrate
may, on the being satisfied that domestic violence favor of the aggrieved person.
Has taken place or is likely to take place pass a protection order in favor of the
aggrieved person.

1
Available at: www.domesticviolenceact.org (last visited on 23 Jan, 2024)
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1.4 SCOPE OF THE STUDY:

The study is limited to analyses Indian legislations and relevant case law that have
aimed to provide protection to women in India. Foreign legislations, foreign case
law, comparison with foreign laws other than SAARC countries, sociological
dimensions of the problem, actual implementation by the authorities etc. are
beyond the scope of this study. In case law the study is limited to the
pronouncements of Supreme Court. The data collection for empirical part of the
study is done only in Delhi-NCR region.

1.5 LITERATURE REVIEW:

 V R Choudhary, Commentary on Protection of Women from Domestic violence

Act,2005 (Edition: 3rd,2023)
 Dr J N Barowalia & Abhishek Barowalia, Commentary on The Protection of
Women from Domestic Violence Act (ISBN : 9789395116091. Edition:1 st 2022)
 Adv. Sunil K. Sarkar, Protection of Women from domestic violence (Sodhi
Publications Law, Edition: 3rd 2023)
 Y. P. Bhagat,Kumar Keshav, The Protection of Women from domestic violence
2005 (Vinod Publications, Edition:2018)
 Malik’s Commentary an Protection of Women from Domestic Violence
(Publications Delhi Law House, Edition: 4th 2019) with Muslim Women
(Protection of Right of Marriage Act.)

1.6 RESEARCH QUESTIONS

The following are the research questions:

1) Whether the Act is serving its purpose in its entirety?

2) Indian families have a history of many forms of violence, which are detailed
here. Do they match the description of “Domestic Violence Act”?
3) What are women's personal, family, societal and cultural effects of violence?
4) Whether a status of women has changed their status after implementing
Domestic Violence Act?
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1.7 HYPOTHESES

In light of the aforementioned research issues and the study's goals, some
hypotheses are to be drawn. They are created after reading a lot of relevant
material. Research begins with a researcher's vague, even muddled, conception of
the issue. Many years may pass before a researcher comes out and states the
specific questions they are trying to solve. So it is crucial to have a clear
description of the research issue. In addition, he or she must be watchful to ensure
that no hypothesis is presented as a question. The definition of hypotheses is
difficult, according to "Keith F. Punch" in his book "Introduction to Social
Research."
The hypothesis is the anticipated response to the study issue, in other terms. He
said this in his speech. Some research technique books—particularly quantitative
ones place a high value on hypotheses, according to him as well. A major and
sometimes dominant role is played by hypothesis in social science research. It also
aids the researcher in their work. For empirical verification in the current research,
the following hypotheses have been developed after consulting relevant literature
and considering the aforementioned issues. The researcher offers the following
hypotheses for investigation in this study:

1. The PWDV Act, 2005 has shortcomings in and is not adequate / is insufficient in
handling the problems of victimization of women.
2. Majority of Domestic Violence incidents go unreported due to illiteracy,
unawareness about the laws, orthodoxy and financial inability.
3. Protection or monetary orders does not ensure better living conditions for the
victimized women.
4. Women who are "uneducated" are more likely than educated women to be
victims of domestic abuse.
5. Domestic violence affects women in joint families at a higher rate than it does in
nuclear families.
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1.8 RESEARCH METHODOLOGY

Research is a craft of logical examination. It is likewise a planned plan, assortment

investigation and the twist of discoveries. Different strategies are being utilized in
the investigation. According to "Research Methodology: Methods & Techniques,"
the goal of research is to find answers to problems. The primary goal of research is
to unearth previously undiscovered truths. Studies with this goal in mind are
referred to be exploratory even though each has a distinct aim and most of the
research goals fall into one of the following categories: familiarity with a
phenomena or fresh insights into it. Descriptive studies are used to properly depict
the features of a certain person, circumstance, or group. to ascertain the frequency
with which something happens or is linked to another phenomenon studies that aim
to diagnose.
This research is focused on written sources, books, magazines, newscasts and
magazines. There might also be certain shortcomings in argument and solecism,
notwithstanding my diligence and the assistance of others, for which I alone take
full responsibility.
In this project I have used Doctrinal method for research. This method is used
because there are so many research have been already done and it is related to
current issue that is Domestic violation on women. And my project helped it in
moving one step ahead to current issues that is “Protection of Women under the
Domestic violence laws in India: An Analysis” The secondary source of data and
material/ literature which are available also helped me in testing my hypotheses.
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CHAPTER 2

2.1 VIOLENCE AGAINST WOMEN – A HISTORICAL

PERSPECTIVE

The present condition of women is determined from early Period. Her

current status cannot be properly understood without knowing her past status. It is
essential for understanding the contemporary status of women in India for
several reasons. The position of women was not identical throughout ancient period.
But mostly the women could not lead a free life and she lived under the
tutelage of her parents, her husband or her son . The early law books treated the
women as equivalent to the sudra2.

In the Vedic age , there were high ideals of womanhood .The Rig Veda
had gently but firmly put men in their right position . A woman was protected by
the Gods and her earthly companion, the man was considered her guardian, in no way
her superior. Throughout the Vedic period, women were given a status equal to man 3.

The position enjoyed by women in Rig Vedic period deteriorated in later

Vedic Civilization. A daughter began to be regarded as a curse. All moral and social
rules framed by male dominant society ignored their identity , individuality and
integrity. Evil and inhuman practices came to be inflicted upon them in the name of
custom. The scholastic counterpart of the Vedic ages was gradually reduced to mere
household drudgery and this plunged Indian society into abysmal darkness. The story
of the suppression of Indian womanhood is an old one dating back to ancient India
when Manu laid down the Hindu social code.

Manu equated women with animals and drums and sanctioned their
beating. According to his code, even if the husband is deceased, stupid, poor, blind,

2
S.C.Roychoudry, Social ,cultural and economic history of India , Surjeet Publication, New
Delhi,1978.p.166
3
Indra Kulshreshtha, Indian Women Image and reflection, Blaze Publication, New Delhi, 1992.p223
 P a g e | 15

and deaf, bad tempered or in great distress. Yet if his wife treats him with disrespect
she will suffer all the tortures of hell. Her only religious duty devotion through, and
word and deed at her husband’s feet4.

The great sage Yajnavalkya says that , in herself the women is a bad women
,like a dog ,a black bird , a vulture , a mongoose, a rat and a sudra the expiation for
killing these is the same .Taitriya Samhita says that the women is only an object of
sexual enjoyment. Women can be treated like a shuttle cock in a game played by
menflok5.
In the Ramayana, Sita was wrongfully suspected and insulted with
cutting words in public and Rama’s unprotecting silence consigned her to the
flames . Rama’s treatment of a wholly caste and emotionally devoted wife is the
limit of mental violence.

In the age of the Upanishads, there were women Rishis like Gargi
and Maitreyi . Women could own property and widow could remarry . Women were
not secluded from men and they freely participated in public life. Child marriage
and Sati were unknown. Monogamy was a general rule , but there were cases of
polygamy among the rich and the ruling classes.

Women’s subordinate position is clear from the fact that Buddha was
reluctant to admit them into his Sangha. Women were permitted to receive
education and some of them were quite highly learned. Women even received
military training . Women were well versed in dancing and music as well.

Polygamy was in vogue but the pardha system was not known. There are
numerous references of women’s participation in feast and festivals6.
The system of sati was in existence .this is proved from the recording of an
incident of a widow of an Indian commander burning herself alive with the dead
body of her husband after decorating herself. Sati according to Giri (1999),was

4
Sushma Sood(ed),Violence against women , p-58-59.
5
Shefali Moitracedl, Women Heritage and Violence, p-37
6
S.C.Roychoudry, Social ,cultural and economic history of India ,p.166
 P a g e | 16

recommended after 500A.D in the DHARMASHASTRAS and spread across the

country around 1000A.D7.

Following the Buddha age in ancient time the possion of women really
deteriorated her soul considered in life should be the promotion of her husband’s
welfare .Arthasastra says that the kings kept their womenfolk in seclusion . It
gives details regarding the “Antahpura” or Royal Harem , and the measures taken to
guard it effectively . polygamy was widely prevalent . Women of higher families
used the purdah when they appeared in public , dowry emerged as an institution
in this period . The practice of child marriages is believed to have started from
around sixth century8.

The position of women had fallen to a degrading extent in this truly

medieval period . This was to a large extent , due to the Royal example , the Kings
maintaining large harems, running into thousands, as a matter of prestige and a
symbol of majesty . The nobles followed their example. Public prostitution, the
Devadasi system and the Nautch parties added to their degradation . Devadasi is a
religious practice in some parts of southern India, in which women are “Married”
to a deity or temple . The ritual was well established by 10 th century A.D.

In the later period , the illegitimate sexual exploitation of the Devadasi’s

became a norm in some parts of India . The Hindus regarded the birth of a female
child as unhappy and inauspicious. Female infanticide was in practice .The custom
of child marriage , in those days did not allow girls to remain in their parent’s
home for more then six to eight years after birth.

The practice of sati were quite common . Sati is an old , largely defunct
custom, in which the widow was immolated alive on her husband’s funeral pyre
some of the Delhi Sultans did try to discourage the custom of sati which
prevailed among a large section of the Hindu population, particularly the upper
classes and the Rajputs . Though sati was only voluntary in the south and not
enjoined upon widows , it is difficult to account for its wide popularity in the
Vijayanagar Empire, whose rulers do not seem to have put up any restriction on its
7
Maithreyi Krishna Raj, women Stdy in India popular Prakasahn,p-96.
8
S.C.Roychoudry, Social ,cultural and economic history of India , .p.167
 P a g e | 17

observance , Muhammad Tughluq was ,in all probability, the First medieval ruler
who placed restrictions on its observance. Though Akbar did not for –did the sati
altogether, he had issued definite orders to the “KOTWALS” that they should not
allow a women to be burnt against her inclination . Aurangzeb was the only
Mughal who issued definite order s (1664) for biding sati in his realm altogether.

They practiced strict monogamy Though polygamy was not prohibited

the Muslims, on the other hand , practiced polygamy, the Sunnis marrying four
wives and the Shias even more .

Dowry was demanded while in some castes and localities the bride-price
was also known to be prevalent. Jauhar refers to the practice of the voluntary
immolation of all the wives and daughters of defeated warriors , in order to avoid
capture and consequent molestation by the enemy. The practice was followed by
the wives of defeated Rajput rulers, who are known to place a high premium on
honor .

There was no purdah system among the Hinds before the arrival of the
Muslims in India . The Muslims observed Purdah system very rigorously and so
its influence on the Hindu subjects was somewhat natural. But the Hindus
adopted it more because of the changed circumstance rather then in imitation of
the Muslims . In order to save their women from the covetous eyes of the
Muslims the Hindus adopted the Purdah system . Gradually purdah system was
common during medieval period9.

In the nineteenth century ,the “women question” loomed large. This was not
a question of “what do women want ?”.But rather “how can they be modernized?”.
It became the central question in nineteenth – century British India because the
foreign rulers had focused their attention on this particular aspect of society.
Enamoured with their “civilizing mission”, influential British writers condemned
Indian religions , culture and society for their rules and customs regarding
women.

9
Radheyu Shyam Chaurasia, History of Medieval India from 1000 A. D to 1707 A.D , p-119-120
 P a g e | 18

After the arrival of British the western ideas and ideals began to influence
our society `for the first time .The reform movement and national movement
generated social consciousness among women . The second half of the nineteenth
century witnessed several reforms regarding the position of women in Indian
society . Raja Ram Mohan Ray and Ishwar Chandra Vidyasagar started agitation
for widow remarriage and were successful in getting the Hindu Widows
Remarriage Act passed in 1856.

After the independent of India , women participate in all activities such as

Education , Politics, Media, Art and Culture, service sectors, science and
technology, etc . Women participated in administration work. For example Mrs.
Indira Gandhi , who served as prime minister of India .

The constitution of India guaranteed to all Indian women equality, no

discrimination by the state , equality of opportunity , equal work etc. The feminist
activism in India was started in 1970 s .During this period the media was
developed , which helped to give awareness for female activists united over
issues such as female infanticide, gender bias , women health and female
literacy etc.

Number of self – help groups and Non –Governmental organization such as

“self Employed women’s Association (SEWA)” ware played a major role in
women’s rights in India .Many women have emerged as leaders of local
movements ,for example “Medha patkar “ of the “Narmada Bachao Andolan”. But
also the most of the male still think that the women’s most important jop is to
take care of the husband and the children 10.
An Article on ‘status of women in India – A depressing scenario’ which
appeared in the tribune of chandigharh edition of 15th april,1999 points out that,
Rape take place once in every 54 minutes, Eve teasing in every 51 minutes,
Molestation once in every 26 minutes and Dowry deaths in every 1000 minutes 11.

The Government of India declared 2001 as the year of women’s

Empowerment (Swashakti). The National Policy for the Empowerment of

10
S.K Ghosh, Indian Panorama Triumps and Tragedy Vol-III,p1030
11
Vikhashini,The journal of Women Empowerment, Vol-IV,No-2,April-Jun 2001,p-5
 P a g e | 19

women come was passed in 2001. In 2010 march 9 one day after international
women’s day , Rajyasabha passed women’s Reservation Bill , ensuring 33%
reservation to women in parliament and state legislative bodies.
In the ancient Indian women held a high place of respect in the society
as mentioned in Rig Veda and other scriptures. Volumes can be written about
the status of our women and their heroic deeds from the Vedic period to the
modern times. But later on ,because of social , political and economic changes ,
women lost their status and were relegated to the background many evil
customs and traditions stepped in which enslaved “the women and tied them to
the boundaries of the house12

The official statistics showed declining sex- Ratio, health status, Literacy
Rate, work participation Rate and political participation among women . While on
the other hand the spread of social evils like Dowry deaths, child marriage,
domestic violence , Rape, sexual harassment, exploitation of women workers are
Rampant in different parts of India . Humiliation, rape, kidnapping, molestation,
torture, wife- beating etc, have grown up over the years 13.

12
Aruna Goel,Violence and protective measures for women development and empowerment,p3-4
13
Awadhesh Kumar Singh, Jayanta Chadhary,”violence against women and children –issues and
concerns.p2.
 P a g e | 20

The term“domestic violence” was not in vogue in those reforms,

nevertheless their aim was indirectly responsible for making the women’s life
more human and protecting her against domestic violence. Even during the
colonial period there were provisions under the IP C and C R P C that aimed at
providing protection to women against violence.
Resistance to domestic violence is a recent phenomenon. In the modern
age voices have been raised against these inhuman practices and efforts made
to bring about change by creating awareness, by educating people and of course
,through legal actions/reforms.
In India , it is Raja Ram Mohan Roy who can be called the pioneer of
the movement for women’s rights. He was to a great extent responsible for
bringing about socio-legal changes pertaining to the de-legitimization of child
marriage, sati ,and legitimization of widow remarriage. Rosy mobilization of
Hindu thought against the system of sati created the necessary public opinion to
make practice a criminal offence in 1829.
Till 1983 there were no specific legal provision pertaining to pertaining
to violence within home. Husbands could be convicted under the general
provisions of murder, abetment to suicide, causing hurt and wrongful
confinement.
(1)I P C, where the death of a women is caused by burns or bodily injuries
or occurs due to reasons other than normal circumstances within seven years
of her marriage and if it is established that the wife is subjected to cruelty by
her husband or his relatives who subject the wife to cruelty is/are presumed to
have caused the dowry death and will have to prove that the death was not a
result of the cruelty .
(2) Female infanticide, or forcing the wife to terminate her pregnancy-are also
form of domestic violence recognized as offences under the IPC.
(3)The victim of domestic violence, especially brides harassed for dowry, are
driven to commit suicide. Abetment of suicide of a delirious person is an
offence punishable with death or life imprisonment.
(4)Abetment of suicide is also an offence punishable with ten years
imprisonment.
 P a g e | 21

(5)Causing bodily hurt is a common form of domestic violence .The IPC

defines hurt as causing “bodily pain ,disease, pain or infirmity to any person”.
(6)A hurt may be “grievous” if it results in serious injury such as a fracture,
loss of hearing or sight , damage to any member or joint etc.
(7)The IPC makes it an offence to voluntarily cause hurt or grievous hurt.
(8)Criminalised is voluntarily causing of grievous hurt by dangerous weapons.
(9)Voluntarily causing hurt to extort property.
(10)In 1983, matrimonial cruelty was introduced as an offence in the IPC.
Cruelty was defined as “any willful conduct which is of such a nature as
likely to drive the women to commit suicide or to cause grave injury or
danger to life , limb or health of the women “. It includes harassment of the
women in connection with demands for property and the like.
The Dowry prohibition (Amendment) Act,1986:
Dowry death or related harassment is a unique kind of crime practiced
in the Indian subcontinent. A legal ban was put on the practice of dowry way
back in 1961(Dowry prohibition act 1961). The Act was amended 1984 and then
in 1984 to make it more stringent.

The Commission of Sati Prevention Act,1987:

Sati means the burning of a widow along with the body of her deceased
husband or any other relative, or with any article .The practice of sati was declared
unlawful during the colonial period itself .It was only after the shocking incidence
of sati in Rajasthan in 1987 that a law was enacted in 1987, that Act declares the
observance, support, justification or propagation of sati as criminal activity.
Regulation and prevention of misuse Act 1994:
It is not only that women face violence during their lifetime but also even before
birth.. A law was drafted for the purpose of curbing female foeticide unless
medically required.
Civil Law:
In India the problem of Domestic Violence has always been looked upon
from the perspective of both criminal and civil laws. Under Indian Civil Law also
several provisions are available to deal with different types of domestic violence.
 P a g e | 22

Dissolution of Muslim Marriage Act,1939(DMMA):

The DMMA stipulates cruelty as a ground for divorce . Cruelty is defined to
include:
(1)Associating with women of ill repute or leading an infamous life .
(2) Habitually assaulting the wife or making her life miserable by cruelty of
conduct even if such conduct does not amount to physical ill treatment.
(3) Attempting to force the wife to lead an immoral life.
(4) Disposing of the wife’s property or preventing her from exercising her legal
rights over it.
(5) Obstructing the wife in the observance of her religion The Hindu Marriage
Act,1955(HMA):
Under the HMA ,cruelty is a ground for divorce as well as judicial separation
(section 10,HMA). Hewever, the term ‘cruelty’ is not defined in the HMA. It is
through decided cases that the term has been understood to mean acts of physical as
well as mental cruelty.
Other Matrimonial Laws:
The special marriage Act 1954(SMA):
The Indian Divorce Act(IDA),and the Parsi marriage and Divorce
Act(PMDA) all allow ‘cruelty’ as a ground for divorce .However, all these laws are
not sufficient as they do not elaborate the nature and extent of Domestic
Violence.
 P a g e | 23

2.2 CAUSES OF DOMESTIC VIOLENCE

There is no particular cause in the violence against women. Study has also
concentrated on the interrelationship between multiple variables, which can enhance
our perception of the issue in different cultural contexts. Many nuanced and inter
related structural social and cultural causes, all of them representations of historical
patriarchal power ties between men and women, have made women
disproportionately susceptible to violence directed towards them.

Factors leading to such a patriarchal power relationship include: the socio-

economic strengths, the family system where power ties are established and distrust
and regulation regarding women's sexuality, a conviction in the moral dominance of
men and law and culturalsanctions, which historically exclude women and children
their autonomous legal and social status. The reasons of domestic violence are as
follows:

Cultural: There are rules or expectations of behavior within a particular

cultural or social group that are known as cultural and social norms. These unsaid
norms provide societal guidelines for acceptable and unacceptable conduct, guiding
our relationships with others and organizing our own behavior. Cultural and social
norms influence the types of violence that are acceptable. A society's modernization
and economic growth may empower women, yet cultural environment might mediate,
speed up or slow such empowerment for women. A common argument is that
patriarchal religions encourage cultural dependence on males for legitimacy and
societal acceptance of violence against women.

15 Zameer Ahmed Bhat Zameer Ahmed Bhat , ( 2014) , Gender bias and socioEconomic
problems of Women In India, Abhinav National Monthly Reffered Journal research in arts and
16
Education , (1) 3 Andrea Smith and Luana Ross, (2004), Native Women and State Violence, Social
Justice, Volume 31 (4) ,Pp 1-7.
 P a g e | 24

Religious views may also limit women's opportunities for higher education
and the workforce participation rate. When it comes to women's rights in general and
problems of violence against women in particular, many Muslim-majority nations
follow shari'a to different degrees. Qur'an 4:34 is often interpreted as condoning
violence against wives who are deemed 'disobedient,' by their husbands.

The traditional view that men have the right to control or discipline women
physically, for example, leaves women open to abuse from intimate partners and puts
girls at risk of sexual violence. Traditional views Furthermore, societal acceptance of
violence, especially sexual assault, as a private matter makes it difficult for others to
intervene and inhibits individuals who have been harmed from coming out and
receiving support from doing so. Victims of sexual assault are stigmatized in many
cultures, making it difficult for them to come out and report it. Furthermore, since
there is significant evidence linking alcohol intake to violent conduct, cultural and
societal norms around alcohol use and the anticipated consequences may both
promote and excuse violent actions .

Economic: Domestic violence has again become a pressing concern in light

of the connection between it and economic crisis. Middle-class and more affluent
women don't always escape domestic violence, and it's possible that they tend to have
the resources to cover up when it does. A job is a simple measure of financial stability
and financial wellness. Studies exploring the connection between DV and women's
employment found that while there was no change in women's drive to work between
DV survivors and non-victims, those who had experienced DV, particularly in more
recent incidents, tended to have greater difficulties in their jobs, which could include
absenteeism17. Women who are violenced have higher physical and mental health
problems, which might impact their ability to hold a job. Abusive partners may
attempt to keep women out of the workforce. There are competing findings about
whether work might serve as a buffer for women against domestic violence, or
whether it increases risk of violence. When a woman has been a victim of domestic
violence, she usually seeks shelter with her family and friends, who provide her with
assistance of both a practical and emotional kind.
 P a g e | 25

Political: The political willingness to embrace the domestic violence law is

poor in many countries, with the exception of Rwanda, where political commitments
to the law have already been formed following the genocide. Women as a party do not
supply enough rents and are often without resources for participating in informal
networks in circumstances marked by a competitive and individualized politics in
which favors are granted in return for political support. The presence of a broad and
powerful coalition was a crucial motivating force in adopting domestic violence
legislation18 . In these countries, in particular, domestic violence coalitions succeeded
because they established ties with significant women political players. The coalitions
of civil society organizations, lawyers and academics have been active supporters of
the legislation and have been associated with key people in the parliament, the
bureaucracy and the executive in order to garner political support and to advance its
objective. In Bangladesh, for example, some of the members of the movement found
their personal links with the Minister of Women's Affairs, who lobbied on the matter,
drew them on new developments and subsequently incorporated the movement into
the discussions for writing the bill.

The adoption of domestic violence legislation in all nations has also been helped by
international players and ideas such as the one on human rights. As a means to
pressure countries, the international responsibility to the CEDAW Convention was
exploited. Likewise, the Indian feminist movement helped to formulate domestic
violence law in Bangladesh, links between movement across the Global South also
allowed for the exchange of learning.

V.S.Madana,2014,Domestic Violence in India : A bird Eye view ,IJSRInternational Journal Of

Scientific Research ,Volume-3(9) ,Pp 505-506. 18 Dr. Suman rai, 2010, Law relating to protection of
women from domestic violence, orient publishing co. Allahabad,p 499 .
 P a g e | 26

2.3 FORMS OF DOMESTIC VIOLENCE

Physical abuse:
Physical abuse is abuse involving contact intended to cause feelings of
intimidation, pain, injury, or other physical suffering or bodily harm.Physical abuse
includes hitting, slapping, punching, choking, pushing, burning and other types of
contact that result in physical injury to the victim. Physical abuse can also include
behaviors such as denying the victim of medical care when needed, depriving the
victim of sleep or other functions necessary to live, or forcing the victim to engage in
drug/alcohol use against his/her will. If a person is suffering from any physical harm
then they are experiencing physical abuse. This pain can be experienced on any level.
It can also include inflicting physical injury onto other targets, such as children or
pets, in order to cause psychological harm to the victim.
Sexual abuse:
Sexual abuse is any situation in which force or threat is used to obtain
participation in unwanted sexual activity. Coercing a person to engage in sex, against
their will, even if that person is a spouse or intimate partner with whom consensual
sex has occurred, is an act of aggression and violence.
Sexual Violence is defined by World Health Organization as:
“any sexual act, attempt to obtain a sexual act, unwanted sexual comments
or advances, or acts to, traffic or otherwise directed, against a person‘s sexuality using
, coercion by any person regardless of their relationship to the victim, in any setting,
including but not limited to home and work”.
 P a g e | 27

Emotional abuse: (also called psychological abuse or mental abuse):

Emotional abuse can include humiliating the victim privately or publicly,
controlling what the victim can and cannot do, withholding information from the
victim, deliberately doing something to make the victim feel diminished or
embarrassed, isolating the victim from friends and family, implicitly blackmailing the
victim by harming others when the victim expresses independence or happiness, or
denying the victim access to money or other basic resources and necessities.
Degradation in any form can be considered psychological abuse.
Emotional abuse can include verbal abuse and is defined as any behavior that
threatens, intimidates, undermines the victim‘s self-worth or self-esteem, or controls
the victim‘s freedom. This can include threatening the victim with injury or harm,
telling the victim that they will be killed if they ever leave the relationship, and public
humiliation. Constant criticism, name-calling, and making statements that damage the
victim‘s self-esteem are also common verbal forms of emotional abuse. Often
perpetrators will use children to engage in emotional abuse by teaching them to
harshly criticize the victim as well. Emotional abuse includes conflicting actions or
statements which are designed to confuse and create insecurity in the victim. These
behaviors also lead the victim to question themselves, causing them to believe that
they are making up the abuse or that the abuse is their fault.
Emotional abuse includes forceful efforts to isolate the victim, keeping
them from contacting friends or family. This is intended to eliminate those who might
try to help the victim leave the relationship and to create a lack of resources for them
to rely on if they were to leave. Isolation results in damaging the victim‘s sense of
internal strength, leaving them feeling helpless and unable to escape from the
situation.
People who are being emotionally abused often feel as if they do not own
themselves; rather, they may feel that their significant other has nearly total control
over them. Women or men undergoing emotional abuse often suffer from depression
which puts them at increased risk for suicide, eating disorders, and drug and alcohol
abuse.
 P a g e | 28

Verbal abuse:
Is a form of emotionally abusive behavior involving the use of language.
Verbal abuse can also be referred to as the act of threatening. Through threatening a
person can blatantly say they will harm you in any way and will also be considered as
abuse. It may include profanity but can occur with or without the use of expletives.
Verbal abuse may include aggressive actions such as name-calling,
blaming, ridicule, disrespect, and criticism, but there are also less obviously
aggressive forms of verbal abuse. Statements that may seem benign on the surface can
be thinly veiled attempts to humiliate falsely accuse;; or manipulate others to submit
to undesirable behavior, make others feel unwanted and unloved, threaten others
economically, or isolate victims from support systems.
Economic abuse:
Is a form of abuse when one intimate partner has control over the other
partner's access to economic resources. Economic abuse may involve preventing a
spouse from resource acquisition, limiting the amount of resources to use by the
victim, or by exploiting economic resources of the victim. The motive behind
preventing a spouse from acquiring resources is to diminish victim's capacity to
support him/herself, thus forcing him/her to depend on the perpetrator financially,
which includes preventing the victim from obtaining education, finding employment,
maintaining or advancing their careers, and acquiring assets. In addition, the abuser
may also put the victim on an allowance, closely monitor how the victim spends
money, spend victim's money without his/her consent and creating debt, or
completely spend victim's savings to limit available resources 14.

14
Times of India, Dated, 5th November,2006,p.8
 P a g e | 29

2.4 BACKGROUND OF THE ACT

Domestic violence or violence with in the family is the most
pervasive of all forms of violence against women . It is an irony of fact that
the home where women turns of for love , security and comfort often turns
out to be the worst place of terror and abuse . The phenomenon of domestic
violence is widely prevalent but has remained largely invisible in public
domain . Women are slapped , kicked , beaten , hit and humiliated , isolated from
others , forced for sexual intercourse by the family members and others with
whom they are , or have been in a domestic relationship . Statistics reveal that one
in three women world. Wide have been beaten up , forced to have sex or other
wise abused in her life time , usually by some one close to her .She is punished
for not cooking good meals, for neglecting children , for not bringing sufficient
dowry etc. According to notional crimes record bureau violence against women
is increasing in an alarming rate (6%) each year . Domestic violence accounts
for 30% of all registered cases of violence against women .The national family
heath survey (NFHS-111 in 2005 -2006 covered 29 states and 593 districts ) .
Reported that 20 percent of married women between 15-49 years had been
exposed to some from of domestic violence in their lives . However a large no
of cases go reported as domestic violence is still a hashed up matter in many
households . A victim of domestic violence lends to shield the perpetrator of
violence in keeping with her socio- cultural psyche and value system 15 .
Domestic violence can be addressed by use of criminal provisions on
cruelty with in marriages (section 498 A of IPC ) or the newly enacted
“PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
(PWDVA,2005), which is aimed in all domestic relationships.
The protection of women from domestic violence defines “Domestic
Violence” to include actual abuse that is physical, sexual , verbal, emotional or
economical ,Harassment by way of unlawful dowry demands to women or her
relatives would also be covered under this definition.
To effectively deal with the problem of domestic violence and to
bridge the gap between public and private sphere , there have been numerous
governmental and non- governmental interventions. The government is working

15
Social Welfare, Vol.60.No.11 February ,2014
 P a g e | 30

to eliminate the problem by formulating special legislation through review and

amendments, wherever required and developing institutional mechanisms
national and state commissions for women.
Women police cells in police stations and all women police stations etc. Its
other course of action is running projects that provide support to vulnerable
women , rehabilitation of victims of violence through schemes like “swadhar”
and setting up of help lines for women in distress .Family courts have been set
up in some states to adjudicate cases relating to maintenance, custody and
divorce.
Despite of legislations to address domestic violence , it is seen that the
efficacy of these laws are not satisfactory primarily on all-out of poor
implementation . A major reason for this is the lack of awareness regarding
these special legislations on the part of the civil society and functionaries of
NGOs working for welfare of women .
Domestic violence is related to serious morbidity and is a major
public health problem in our society . women are more often the victims .
Domestic violence, also known as partner abuse, spouse abuse or battering. Family
violence occurs among persons with in family or other intimate relationships
includes child abuse and elder abuse family violence . The abuse of power or the
domination and victimization of a physically more powerful person .
 19% to30% of injured women seen in emergency departments are victims of
domestic violence .
 25% of women who attempt suicide may have suffered domestic violence .
 25% of women utilizing a psychiatric emergency service experience
domestic violence 45% 59% of mothers of abused children are them selves the
victims of spouse abase .
 As many as 70 % of married women in India ;between the age of 15 and 49,
are victims of beating rape or coerced sex .
Women suffering domestic violence are five times more likely of
attempt suicide .Frequently exhibit marked anxiety , confusion and multiple
somatic complaints and frequently visit the emergency. Depression is common
(60%). Domestic violence is more them crime is a serious human rights
violation. Change from something centered on dowry to a more comprehensive
 P a g e | 31

mental , psychological , sexual and economic violence . A civil remedy was needed
more then a criminal remedy.
A recent study has concluded that violence against women is the fastest-
growing crime in India. According to a latest report prepared by India‘s National
Crime Records Bureau (NCRB), a crime has been recorded against women in every
three minutes in India. Every 60 minutes, two women are raped in this country. Every
six hours, a young married woman is found beaten to death, burnt or driven to
suicide16.
The response to the phenomenon of domestic violence is a typical
combination of effort between law enforcement agencies, social service agencies, the
courts and corrections/probation agencies. The role of all these has progressed over
last few decades, and brought their activities in public view. Domestic violence is
now being viewed as a public health problem of epidemic proportion all over the
world – and many public, private and governmental agencies are seen making huge
efforts to control it in India. There are several organizations all over the world –
government and non government – actively working to fight the problems generated
by domestic violence to the human community.

16
www.domesticviolenceact.org
 P a g e | 32

CHAPTER 3

3.1 CLASSIFICATION OF VIOLENCE AGAINST WOMEN

The meaning of “Violence against women is direct or indirect physical or

mental cruelty to women. Violence which are directed specifically against women and
in which only women are victims are characterized as “Violence Against Women” 17.

‘Violence’ is an act carried out with the intention or perceived intention of

physically hurting another person. ‘Gender violence is defined as any act involving
use of force or coercion with intent of perpetuating promoting hierarchical gender
relation.

“Violence Against Women has been clearly defined as a form of

discrimination in numerous documents. The World Human Rights Conference in
Vienna, first recognized gender-based violence as a human rights violation in 1993 18.

The United Nations defined “Violence against Women” in 1993 in Declaration

on the Elimination of Violence against Women. It defines it as any act of gender-
based violence that results in physical, sexual or psychological harm or suffering to
women, including threats of such acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or private life.

Violence committed by family members within the family is the most serious
of all types of violence. Family violence refers to physical, psychological abuse of
women by husband or his relatives. This is of course violation of trust and abuse of
power in relationship where a woman should have the right of absolute safety. More
than 20% of woman in South Asian countries have reported of being abused by the
man with whom they live.

Violence against women is not myth it is realist .It as so many forms the
violence which are directed specifically against women are characterized as “Crimes
Against Women “ various new legislations have been brought and amendments have

17
Awadhesh Kumar Singh, Jayanta Chadhary,”violence against women and children –issues and
concerns. Serials Publication New Delhi,2012. p.3
18
Social Welfare, Vol.60.No.11, February,2014,p5
 P a g e | 33

been made in existing laws with a view to handle these violence effectively .These are
broadly classified under two categories i.e.

(A) the violence under the Indian penal code (I.P.C) and

(B) the violence under the special & local laws (SLL)19.

CLASSIFICATION CIRCLE

19
India Ministry of Home Affairs , National Crime Records Bureau of India,2011.p79
 P a g e | 34

(i) Rape (Section 376 IPC) (incidence 24,206 , Rate:2.0)

An increasing trend in cases of rape has been observed during 2007-08. A
mixed trend in the incidence of rape has been observed during the periods 2008-11.
These cases have reported an increase of 3.5% in the year 2008 over the year 2007, a
decline of 0.3% in the year 2009 over 2008 and an increase of 3.6% in the year 2010
over 2009 and further an increase of 9.2% in the year 2011 over the year 2010.
Madhya Pradesh has reported the highest number of Rape cases (3,406) accounting
for 14.1% of total such cases reported in the country. Mizoram has reported the
highest crime rate 7.1 as compared to National average of 2.9 20.

(ii)Kidnapping & Abduction (Sec. 363-373 IPC) (Incidence…35, 565, Rate…2.9)

These cases have reported an increase of 19.4% during the year as compared
to previous year (29,795 cases). Uttar Pradesh with 7,525 cases has accounted for
21.2% of the total cases at the National level. Delhi UT has
reported the highest crime rate at 12.4 as compared to the National average of 2.9

(iii) Dowry Death (Sec.302, 304B IPC) and Dowry Prohibition Act, 1961
A unique form of violence experienced by women is „Dowry Death and now,
the most common one. These cases have increased by 2.7% during the year 2011 over
the previous year (8,391 cases). 26.9% of the total such cases reported in the country
were reported from Uttar Pradesh (2,322) cases alone followed by Bihar (1,413 cases)
(16.4%). The highest rate of crime (1.4) was reported from Bihar as compared to the
National average of 0.7.

(iv) Torture (Cruelty by Husband & Relatives) (Sex.498-A IPC) (Incidence

…99,135, Rate…8.2)
“Torture cases in the country have increased by 5.4% over the previous year
(94,041 cases). 19.9% of these were reported form West Bengal (19,772 cases). The
highest crime rate of 21.6 was also reported from West Bengal as compared to the
National rate at 8.2.

(v) Molestation (Sec.354 IPC) (Incidence ….42,968 Rate…3.6)

20
Ibid., p.83
 P a g e | 35

Incidents of Molestation in the country have increased by 5.8% over the

previous year (40,613 cases). Madhya Pradesh has reported the highest incidence
(6,665) amounting to 15.5% of total such incidences. Kerala has reported the highest
crime rate (11.2.) as compared to the National average of 3.5.

(vi) Sexual Harassment (Sec.509 IPC) (Incidence…8,570 Rate…0.7)

The number of such cases has decreased by 14.0% during the year over the
previous year (9,961 cases). Andhra Pradesh has reported 42.7%(3,658 cases)
followed by Maharashtra 12.5%(1,071 cases) of total incidences during the year 2011.
Andhra Pradesh has reported the highest crime rate (4.3) as compared to the National
average of 0.7 .
Sexual harassment persists in many of the workplaces in India despite
stringent legislation enforced against it. Sexual harassment of women is a violation of
the fundamental right of women to work in a safe environment 21.
(vii) Importation of Girls (Sec.366-B IPC) (Incidence…80)
An increase een observed in Crime Head as 80 cases were reported during the
year 2011 as compared to 36 cases in the previous year (2010). Madhya Pradesh (45
cases), Bihar (10 cases) and Karnataka (12 cases have together contributed more than
two-third of total such cases at the National level .

(i) Immoral Traffic (Prevention) Act, 1956 (Incidence…2,435 Rate…0.2)

The number of cases under this Act have registered a decrease of 2.6% during
the year as compared to the previous year (2,499). 20.4% (497) cases were reported
from Andhra Pradesh followed by Tamil Nadu 17.2%(420 cases). Daman & Diu
reported the highest crime rate of 2.5 as compared to the National average of 0.2 .
(ii) Dowry Prohibition Act (Incidence…6,619 Rate…0.5)
The cases under this Act have increased by 27.7% during the year 2011 as
compared to the previous year (5,182 cases). 28.7% of cases were reported from
Andhra Pradesh (1,899) followed by Karnataka (1210 cases) accounting for 18.3% of
total cases at the National level. The highest crime rate of 2.5 was reported from
Odisha as compared to 0.5 at the National level.

21
.ibid.,p.88
 P a g e | 36

(iii) Indecent Representation of Women (Prohibition) Act (Incidence…453

Rate…Negligence)
A decrease of 49.4% was noticed in this crime head during the year 2011 as
compared to the previous year (895) cases. Andhra Pradesh with 314 cases has
accounted for 69.3% of total such cases at the National level which has also reported
the highest crime rate of 0.4. Data showed that cases registered under Indecent
Representation of Women (Prohibition) Act,1986 has seen a sharp decline over the
years22 .

(iv) Sati Prevention Act, 1987 (Incidence…1)

One case was registered under this Crime Head in Jammu & Kashmir during
the year 201123. The word Sati means a true or virtous women applied to the self-
immolation of a Many ancient people buried or burnt a mans widow, horses and other
cherished possessions with his corps, he might need the loved ones in the other world.

In the beginning the willingly burnt themselves, but later on the young widows
especially the child widows were forced to commit sati. Those ran away from the
funeral pyre was regarded as untouchables, and were not accepted by their castes and
families.

22
Ibid.,p.88
23
DR.H.C.Upreti & DR.Nandini upreti, Women issues perspectives from social History .p.89
 P a g e | 37

In 1987 in Rajasthan an 18 year old Rajput widow Roopkanwarr , married

only eight months before mounted her dead husbands pyre. This made the
government make the abolition of sati Act more stringent and so amendments are
done on the legislation.
Reported Incidents of violence
A total of 2,28,650 incidents of violence against women (both under IPC and
SLL) were reported in the country during the year 2011 as compared to 2,13,585
incidences in the year 2010 recording an increase of 7.1% during the year 2011.
Reported Incidents of violence.
Year Cases
2007 1,85,312
2008 1,95,856
2009 2,03,804
2010 2,13,585
2011 2,28,650

West Bengal with 7.5% share of country’s population has accounted for nearly
12.7% of total violence against women by reporting 29,133 cases. Andhra Pradesh,
accounting for nearly 7.0% of the country’s population, has accounted for 12.4% of
total crimes against women in the country by reporting 28,246 cases in the year 2011
24
.
Crime Rate (Crime rate… 18.9): The rate of crime has increased marginally
from 18.0 in the year 2010 to 18.9 during the years 2011. Tripura has reported the
highest rate of violence against women at 37.0 during the year 2011 as compared to
18.9 crime rate at the National level.

24
Ibid.,p.79
 P a g e | 38

3.2 CONSTITUTIONAL AND LEGAL PROVISION FOR

WOMEN
The principle of gender equality is enshrined in the Indian Constitution in its
Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The
Constitution not only grants equality to women, but also empowers the State to adopt
measures of positive discrimination in favour of women for neutralizing the
cumulative socio economic, education and political disadvantages faced by them.
Within the framework of a democratic polity, our laws, development policies, Plans
and programmes have aimed at women’s advancement in different spheres. India has
also ratified various international conventions and human rights instruments
committing to secure equal rights of women. Key among them is the ratification of
the Convention on Elimination of All Forms of Discrimination Against Women
(CEDAW) in 199325.

Constitutional Provisions for women are as under:

 Article 14, confers on men and women equal rights and opportunities in
political, economic and social sphere.

 Article 15, prohibits, discrimination against any citizen on grounds of

religion, race, caste, sex etc.

 Article 16, provides for equality of opportunities matters relating to

employment or appointment to any office under the state.

 Article 39(a)(d), mentions policy security of state equality for both men and
women the right to a means of livelihood and equal pay for equal work for
both men and women.

 Article 42, Direct the State to make provision for ensuring just and humane
conditions of work and maternity relief.

25
Indian Ministry of Statistics and programme implementation, Women and Men in India,2012.issue-
14,p.13
 P a g e | 39

Legal Provisions for women are as under:

 Factories Act 1948: Under this Act, a woman cannot be forced to work
beyond 8 hours and prohibits employment of women except between 6 A.M.
and 7 P.M.

 Maternity Benefit Act 1961: A Woman is entitled 12 weeks maternity leave

with full wages.

 The Dowry Prohibition Act, 1961: Under the provisions of this Act demand
of dowry either before marriage, during marriage and or after the marriage is
an offence.

 The Equal Remuneration Act of 1976: This act provides equal wages for
equal work: It provides for the payment of equal wages to both men and
women workers for the same work or work of similar nature. It also prohibits
discrimination against women in the matter of recruitment.

 The Child Marriage Restrain Act of 1976: This act raises the age for marriage
of a girl to 18 years from 15 years and that of a boy to 21 years.

 Indian Penal Code: Section 354 and 509 safeguards the interests of women.

 The Medical Termination of Pregnancy Act of 1971: The Act safeguards

women from unnecessary and compulsory abortions.

 Amendments to Criminal Law 1983, which provides for a punishment of 7

years in ordinary cases and 10 years for custodial rape cases.

 73rd and 74th Constitutional Amendment Act reserved 1/3rd seats in

Panchayat and Urban Local Bodies for women.

 The National Commission for Women Act, 1990: The Commission was set
up in January, 1992 to review the Constitutional and legal safeguards for
women.
 P a g e | 40

 The Protection of Human Rights Act, 1993:

 Protection of Women from Domestic Violence Act, 2005: This Act protects
women from any act/conduct/omission/commission that harms, injures or
potential to harm is to be considered as domestic violence. It protects the
women from physical, sexual, emotional, verbal, psychological, economic
abuse.7.

 Protection of Women against Sexual Harassment at Workplace Bill, 2010: on

November 4, 2010, the Government introduced protection of Women Against
Sexual Harassment at Workplace Bill, 2010, which aims at protecting the
women at workplace not only to women employee but also to female clients,
customer, students, research scholars in colleges and universities patients in
hospitals. The Bill was passed in Lok Sabha on 3.9.2012.

It is equally important to clarify the concept of “Violence against

women”. Violence is also known as abuse and include any sort of physical
aggression or misbehave. When violence is committed at home it becomes
domestic violence and involves family members such as children, spouse, parents
or servants. Domestic violence may involve different means such as hitting,
kicking, biting, shoving, restraining, throwing objects. In broad terms, it includes
threats, sexual abuse, emotional abuse, controlling or domineering, intimidation,
stalking, passive/covert abuse and economic deprivation, rape, abduction,
kidnapping, murder (all cases of criminal violence, dowry death, wife battering,
sexual abuse, maltreatment of a widow and for an elderly women (all cases of
domestic violence) and eve-teasing, forcing wife/daughter-in-law to go for
foeticide, forcing a young widow to commit sati, etc (all cases of social violence),
are issues which affect a large section of society 26.

26
Utthan, Thoughts towards developments,Issue no 4,March,2012.p.36
 P a g e | 41

3.3 LOCAL STUDY

“Crimes Against Women in Jharkhand: A Disturbing Reality Revealed”

In a startling revelation, Jharkhand has emerged as the fourth-ranking state

in India for crimes against women, as per a recent report by the National Crime
Records Bureau (NCRB). The data lays bare the distressing scenario prevailing in
the state, with Dhanbad district leading in the number of cases related to women
harassment, closely followed by Giridih and Bokaro. As the report delves into the
status of crimes against women in various districts of Jharkhand, it raises urgent
concerns about women’s safety and security in the region.

The NCRB report discloses that in the year 2020, a staggering total of 13,860 cases
of crimes against women were registered in Jharkhand, out of which 2,216
incidents were specifically classified as women harassment. Shockingly, Dhanbad
district alone accounted for a significant 403 cases of women harassment,
representing 18.2% of the state’s total. Giridih district trailed

behind with 247 cases (11.1%), while Bokaro district followed closely with
222 cases (10%). Looking at other districts, Ranchi recorded 197 cases of women
harassment (8.9% of the state’s total), Hazaribagh had 169 cases
(7.6%), Jamshedpur reported 152 cases (6.9%), Deoghar saw 131 cases (5.9%),
and Dumka documented 115 cases (5.2%).

Remarkably, certain districts reported lower numbers of women harassment cases

in 2020, with Pakur district recording only 4 cases, Godda with 7 cases, Sahebganj
with 8 cases, Chatra with 9 cases, and Latehar with 10 cases. Although these
figures offer some relief, it underscores the need for comprehensive measures to
safeguard women across all districts of Jharkhand.
 P a g e | 42

Beyond women harassment, the NCRB report also sheds light on other disturbing
forms of crimes against women in the state, encompassing rape, kidnapping,
dowry death, domestic violence, and cruelty by husbands or relatives.

This comprehensive overview serves as a wakeup call for Jharkhand to take

swift and resolute action in ensuring the safety and security of its women populace.
Urgent steps are imperative to foster a safer environment where women can thrive
without fear, reclaiming their rightful place as equal members of society.

Only through a concerted effort, united as a community, can Jharkhand rise

above these grim statistics and pave the way for a brighter, safer, and more
inclusive future for all.

NRCB Jharkhand Report: Nita Mishra Published June 30, 2023

 P a g e | 43

3.4 DOMESTIC VIOLENCE ACT ,2005

Domestic violence including harassment, maltreatment, brutality or cruelty

and even the threat of assault –intimidation. It includes physical injury , as well as
‘will fully or knowingly placing or attempting to place a spouse in year of injury
and compelling the spouse by force or threat to engage in any conduct or act ,
sexual or otherwise , from which the spouse has a Right to abstain .
Domestic violence includes not only inter –spousal violence , but also
violence perpetrated by other family members. Generally an important part of
the power relationship between spouses and their families relates to dowry and
its ramifications .
Women are more likely to be victimized by some one that they are
intimate with , commonly called “ intimate partner violence” or (IP V). The impact
of domestic violence in the sphere of total violence against women can be
understood through the example that 40-70% of murders of women are
committed by their husband or boy friend . Studies have shown that violence in
not always perpetrated as a form of physical violence but can also be
psychological and verbal . In unmarried relationships this is commonly called
dating violence, where in the context of marriage it is called domestic violence .
Instances of I P V stand not to be reported to police and thus many experts
believes that the true magnitude of the problem is hard to estimate . In the 4.5
in 2005 , 1181 women , in comparison with 329 the men , were killed by their
intimate partners . violence in the homes every are in the family. It is called
domestic violence27.
Domestic violence, also known as domestic abuse, spousal abuse, battering,
family violence, and intimate partner violence (IPV), is defined as a pattern of abusive
behaviors by one partner against another in an intimate relationship such as marriage,
dating, family, or cohabitation. Domestic violence, so defined, has many forms,
including physical aggression or assault (hitting, kicking, biting, shoving, restraining,
slapping, throwing objects), or threats thereof; sexual abuse emotional abuse;
controlling or domineering; intimidation; stalking; passive/covert abuse (e.g.,
neglect); and economic deprivation Alcohol consumption and mental illness can be

27
www.domesticviolenceact.org
 P a g e | 44

co-morbid with abuse, and present additional challenges in eliminating domestic

violence. Awareness, perception, definition and documentation of domestic violence
differ widely from country to country, and from era to era.
Domestic violence and abuse is not limited to obvious physical violence.
Domestic violence can also mean endangerment, criminal coercion, kidnapping,
unlawful imprisonment, trespassing, harassment, and stalking.
In our society, violence is bursting. It is present almost everywhere and
nowhere is this eruption more intense than right behind the doors of our homes.
Behind closed doors of homes all across our country, people are being tortured,
beaten and killed. It is happening in rural areas, towns, cities and in metropolitans as
well. It is crossing all social classes, genders, racial lines and age groups. It is
becoming a legacy being passed on from one generation to another.
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 male‘s or a female‘s 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.
Since times immemorial, domestic violence has been an intrinsic part of
the society we are living in. The contributing factors could be the desire to gain
control over another family member, the desire to exploit someone for personal
benefits, the flare to be in a commanding position all the time showcasing one‘s
supremacy so on and so forth. On various occasions, psychological problems and
social influence also add to the vehemence. The present essay deals with the various
forms of domestic violence prevalent in India. Their causes of occurrence in
households have been analyzed categorically. The variation in the intensity of the
forms with change in the geographical location and culture has also been addressed.
The aftereffects of different kinds of domestic violence and the possible remedies
have been highlighted28.

28
India Today ,dated 4th December,2006,p.5
 P a g e | 45

CHAPTER 4

4.1 ENACTMENT OF THE DOMESTIC VIOLENCE ACT

In 1983, Domestic Violence was recognised 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 labor include The Child Labor 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.
The Government of India passed a Domestic Violence Bill, 2001, ―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
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.
Unfortunately, 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 country. In fact, there has
also been misuse of section 498-A and DVA, 2005 because of restricted definition of
cruelty subjected to married women.
“Legal Measures” taken by the Indian state included.
(1). Review of the existing law .
(2). Drafting new laws if needed.
In fact the “Protection Of Women From Domestic Violence Act -2005 “was
a product of this strategy of state to combat domestic violence. Protective
measures for women under protection of women from Domestic Violence
Act,2005.
 P a g e | 46

While most of the western countries passed laws against domestic

violence in the 1970s, in India only violence in matrimonial relationship,
particularly dowry related violence , remained the focus of the women’s
movements as well as that of legislative institutions. It was since the 1990s, that
efforts were being made to draft a bill on domestic violence exclusively.
The “Government of India Report on platform for action : Ten years after
Beijing” and the crime scenario prevailing in the country the need was felt for
an exclusive law on domestic violence . Initiatives in this direction began with
the collaborative efforts of the UNIFEM and lawyers collective rights initiative
(LCWRI). A delegation of representatives from women’s commissions met the then
HRD minister regarding the need to enact a law on domestic violence. It finally
resulted in the drafting of the Bill on domestic violence , that is ,”Protection Of
Women From Domestic Violence The Act 2005”.
 P a g e | 47

4.2 IMPLEMENTATION OF THE ACT

“The Protection of Women from Domestic Violence Act 2005” was brought
into force by the Indian government from October 26,2006. The Act was passed by
the parliament in August 2005 and assented to by the president on 13 th
September,2005. As of November 2007,it has been ratified by four of twenty-eight
State governments in India ;namely Andhra Pradesh ,Tamilnadu , Uttar Pradesh and
Orissa .Of about 8,000 criminal cases registered all over India under this act ,
Rajasthan had 3440 cases ,kerala had 1,028 cases, While Punjab had 172 cases
registered.
The salient features:

The salient features of the Protection from Domestic Violence Act, 2005 are
as follows:

The Act seeks to cover those women who are or have been in a relationship
with the abuser where both parties have lived together in a shared household and are
related by consanguinity, marriage or a relationship in the nature of marriage, or
adoption; in addition relationship with family members living together as a joint
family are also included. Even those women who are sisters, widows, mothers, single
women, or living with the abuser are entitled to get legal protection under the
proposed Act.

One of the most important features of the Act is the woman’s right to secure
housing. The Act provides for the woman’s right to reside in the matrimonial or
shared household, whether or not she has any title or rights in the household. This
right is secured by a residence order, which is passed by a court. These residence
orders cannot be passed against anyone who is a woman.

The other relief envisaged under the Act is that of the power of the court to
pass protection orders that prevent the abuser from aiding or committing an act of
domestic violence or any other specified act, entering a workplace or any other place
frequented by the abused, attempting to communicate with the abused, isolating any
assets used by both the parties and causing violence to the abused, her relatives and
others who provide her assistance from the domestic violence.
 P a g e | 48

The draft Act provides for appointment of Protection Officers and NGOS to
provide assistance to the woman medical examination, legal aid, safe shelter, etc.

The Act provides for breach of protection order or interim protection order by
the respondent as a cognizable and non-bailable offence punishable with
imprisonment for a term which may extend to one year or with fine which may extend
to twenty thousand rupees or with both. Similarly, non-compliance or discharge of
duties by the Protection Officer is also sought to be made an offence under the Act
with similar punishment.
 P a g e | 49

4.3 EFFECT OF THE ACT ON SOCIETY

Differences in interpretation of the law, the lack of gender sensitivity of

implementing authorities , and the influence of culture , have all combined to effect
the content and effectiveness of the DVA.
A patriarchal system continues to assign women to a lower position in the family,
society, and before the law. The law does not perceive of women as autonomous
individuals capable of making decisions appropriate to their own lives . Rather,
women continue to be recognized only in terms of their relationships with
others, as mother , or wives . Culture influences affect not only the content of the
law , but also how the law is enforced. If member of society do not only respect or
understand the law including those individuals responsible for the laws enforcement
–the objective set forth by the law will not be achieved . The highlighting point of
this act is that it not only provides protection to women who are legally married but
also those who are in live –in relationship, women who are sisters, widows or
mother. The new law also addresses sexual abuse of children , or forcing girls to
marry against theid wishes as well. This certainly proves that the new act has been
formed keeping the Current relationship culture in India and the irregularities in
previous domestic violence laws, in mind.
 P a g e | 50

4.4 A CRITICAL EVOLUTION OF THE DOMESTIC VIOLENCE

ACT,2005

“An unjust law is itself a species of violence. Arrest for its breach is more so”.
- Mahatma Gandhi
The Domestic Violence law is a clone of western laws which have not only
been utterly unsuccessful in curbing domestic violence against women, but on
the contrary , have become socially harmful legislations that facilitate violence
against men, violate basic human rights of men, women and children and
promote family destruction. The domestic violence act through its various
provisions, not only violates the constitution of India but other international
convention . The domestic violence act is based on the untenable assumption that
victims of Domestic Violence are always women and that the perpetration is
always a man , while statistics from the National Crime Records Bureau show
that in the years 2005 and 2006 alone , nearly twice as many married men (54,
483 in year 2005 and 55 ,452 in year 2006), compared to married women (28 ,
186 in year 2005 and 29,869 in year 2006 ), committed suicide unable to
withstand verbal , emotional, economic and physical abuse and legal harassment
. The Domestic Violence Act , however, blatantly denies protection to men against
any form of domestic abuse. The universal declaration of human rights
proclaims that “everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law “ . However , the
Domestic violence act presumes that the accused man is guilty until proven
innocent , thus violating the presumption of innocence and the principles of fair
trial guaranteed under Articles 20 and 21 of the Constitution of India .There are
other faults as well.
There are some criticism in this Law that were given below.
Though the act covers physical abuse, sexual abuse, verbal or emotional abuse as
well as economic abuse, it does not speak anything regarding forced sex without
the wife’s consent that is “marital rape” while the west has legally recognized
the consent of women even in marital relationship violence / rejection of
which is equivalent to a criminal act , in India this is an area still awaiting
legal recognition.
 P a g e | 51

There has been significant research indicating a direct correlationship

between women’s economic status and violence faced by them. Therefore it is
very necessary to provide economic security to women in order to fight back
domestic violence . In this context, several suggestions have been made from
time to time . According to one such suggestion , a necessary step to make the
women economically secure would have been to make available a fixed share
of the husband’s salary . This was one of the recommendations of the sub
committee on women within the broader framework of the “National Planning
Committee” in 1939 -40. Any such reference regarding this aspect is missing in
the act and this shows the apathy of the law - makers towards a
comprehensive and effective strategy to tackle the issue of domestic violence
against women in India . The low –makers are looking upon domestic violence
only as a legal problem and are concerned more about “protection “ and less
about prevention “.
A lot of scope for the magistrate’s discretion in matters pertaining to monetary
relief, monetary compensation, child custody, contradictory reports of enquiring
authorities (as the complaint may simultaneously be filed under Section 498A of the
IPC as well as the PWDAV 2005). Similarly there are maintenance of provisions
within the various personal laws (Hindu ,Muslim and Christian) which may stand
contrary to the provisions of monetary compensation and even right to
residence within the Protection of Domestic Violence Act 2005.
The Act is not ‘gender neutral ‘ since it is for ’women’ only .There are
about five petitions challenging it on the grounds of constitutional right to
equality .
There are no safety valves in the act to prevent its misuse. It may prove
disastrous not only for an individual in case the complainant has ‘malafide’
intentions . The Act is civil in nature but criminal in procedure and offence
under this act is cognizable and non- bailable.
Violence faced by the ‘mother-in-law’ is completely missing. There is no
mention of it . The Act completely ignores violence by the daughter –in-law
against the in-laws. The country has already seen the misuse of the Dowry
Prohibition Act 1986.It was found that every four minutes in India ,innocent
persons including old mothers/ pregnant sisters/children , are facing false and
 P a g e | 52

fabricated dowry cases and are sent behind bars without any evidence (section
498 A is non-bailable).
There is no mechanism to make it mandatory by the states to Enforce the
law in its totality ; consequently in most of the states implementation is half -
hearted . One can find extreme disparities in the appointment of protection
officers : providing inadequate budgetary support , maintaining poor record
thus making the collection of data difficult; for example, while Maharashtra
has appointed approximately 3687 Protection officers , Assam only 27 and
Gujarat just 25. The Act needs a centrally sponsored scheme for effective
implementation.
Too many laws on one issue create lots of confusion in the large number of
already illiterate women who are without any/ adequate knowledge of law .
It creates confusion for the decision – making authorities also , notably the
judiciary . Consequently there is wider scope for judicial discretion – something
that appeals to their wisdom then becomes the legal remedy or law. At the
some time it also creates scope for further exploitation of the “victim” by
lawyers.
The biggest beneficiaries or main users are still ‘married women’ for whom
there are already enough laws. This fact thus puts a question – mark on its
wider utility and application .
Moreover this Act provides only temporary relief’s and on urgent basis;
permanent solutions are still to be found in personal laws. The failure of
personal law due to its civil nature is an open fact; for example, most of the
Hindu women still prefer to seek maintenance under section 125, CRPC rather
than under the Hindu maintenance Act 1956 .
At the same time creation of a new law despite the existing legal provisions
on the issue of violence against women, including domestic violence , reflects
the problem. Taking into account this fact the state should have given emphasis
to the overall (socio – economic and political) empowerment of women to
strengthen their position in society and family . However, one may see the
apathy of the government towards the issue of empowerment of women . Law ,
though very important, is not the complete solution for such problems.
 P a g e | 53

Any legislation should have a simultaneous legal literacy and sensitization plan.
It is an open fact that the victims of domestic violence themselves do not
accept it as something wrong. There is total ignorance regarding rights as well
as the law on the part of women . Therefore, laws remain paper tigers rather
then being the instruments of social change.
Men ‘s organizations such as save Indian family and’ Raamraaj Com” have
criticized the law since it is not covered . Moreover ,it might be abused by
women and their families during family disputes.
“Renuka Chowdhary”, the Indian minister for women and child development ,
agreed in a Hindustan Time Article that “an equal gender law would be ideal .
But there is simply to much physical evidence to prove that it is mainly the
women who suffers at the hands of man”.
The former Attorney General of India Soil Sorabjee has also criticized the
broad definition of verbal abuse in the Act . On the occasion of the second
anniversary of this law , save Indian family foundation and its sibling
organizations called upon the entire nation to observe “BLACK DAY” and
show solidarity by joining their Dharna at Jantar Mantar, New Delhi .
The large section of victims who have used the Protection of Domestic
Violence Act 2005 comprises married women . This is an indication of its
wider non-acceptance yet or non – recognition of domestic violence in the non –
marital plane.
 P a g e | 54

4.5 MISSUSE OF DOMESTIC VIOLENCE ACT 2005

The Domestic Violence act hereinafter referred as DV act which was incorporated in
the year 2005, The main purpose of this act is to prevent woman only from domestic
violence, from the bare reading of the definition of the act we can see that the term
“aggrieved person” includes only women, means only the men can be prosecuted not
the woman.
In the 21st century we treat women at par with men and there have been many
incidences where a women are involved in insult, humiliation, verbal and emotional
abuse to men. It is not a rare possibility that women are indulging in domestic
violence against men but this is a reality, our constitution guarantees equality, means
men and women must be equally treated, then why in DV act there are provisions for
women only and not for men, why women are protected and why there is presumption
that men is the only gender which can do cruelty, Domestic Violence on women, why
not vice-versa.
The DV act has given an undue advantage to the women and it is the most lethal
weapon which women can use against men to extort, exploit, and threaten men
community just like terrorism. The DV act has provisions like right to residence
regardless of legal right on the property, maintenance. The provision in law makes the
law easily vulnerable to misuse,which is a fact statistics have shown that only 2% of
all the cases have resulted in conviction and 98% of the cases are deemed to be fake
and there is no provision in DV act if a fake case is lodged then there is no provision
for punishment for the women. For the name of protection of women the prosecution
of innocent men is against the rule of law, A women can misuse the law very easily
like for example , A man can be booked under the DV act if she feels that she has
been insulted. Insult is a relative term, which is totally left to her discretion.
Interestingly, if she insults and abuses him verbally or even physically, he does not
have any legal recourse in this law, even the minor differences in matrimonial ties
could invoke the provisions of DV act, moreover the procedure of law is governed by
CRPC that means a man even making a very light insult to a women is treated like a
criminal. If the case is false the reputation of man and his family is tainted and there
are no steps or legal protection available to men to protect his reputation . In other
words this law treats men like sitting ducks.
 P a g e | 55

For taking easy divorce and maintenance the DV act is the first weapon used by the
women even if she is not subjected to any such type of Domestic Violence, even if the
matter is sub-judice the men are obliged to pay maintenance to women, this means
that punishment for men start as soon as false complaint is lodged, which is against
the principles of natural justice where there is presumption of innocence.
The fact is DV act has failed to attend the problems faced by women and men on
subject of domestic violence, the law is often misused then to be used. The need of the
society is to make more gender neutral laws which treat men and women equally in
the cases of domestic violence and not to induce fear in the minds of innocent people
like most of the men and give an extortion tool to the other gender. The DV act is
gender biased on the face of it, The DV act needs to be amended with more gender
neutral provisions to prevent its misuse and to achieve gender equality and fair
justice29.

29
Times of India, Dated ,16th April,2013
 P a g e | 56

CHAPTER 5

5.1 CONCLUSION AND SUGGESTIONS

Violence against women is a universal and multi dimensional

phenomenon and is the greatest human rights challenge facing the world today .

Domestic Violence Act 2005 is the first significant attempt in India to recognize
domestic abuse as a punishable offence, to extend its provisions to those in live-in
relationships, and to provide for emergency relief for the victims, in addition to legal
recourse. Since its enactment, the Protection of Women from Domestic Violence Act
is hampered by limited awareness and inadequate budgets.

Only legislation and law enforcement agencies cannot prevent the incident of violence
against women. There is need of social awakening and change in the attitude of
masses, so that due respect and equal status is given to women. It’s a time when the
women need to be given her due. This awakening can be brought by education
campaign among youth making them aware of existing social evils and the means to
eradicate same. Mass media can play an active role here as in the present days it has
reached every corner of the nation.

Various NGOs can hold a responsible position here by assigning them with
the task of highlighting socio-economic causes leading to such crimes and by
disseminating information about their catastrophic effect on the womanhood and the
society at large.
It is clear that violence against women is endemic in India. There as on is women in
the country are highly vulnerable because of poor quality of life indicated by rampant
poverty, lack of education, high under five mortality, poor health status, high fertility
rate and high maternal mortality rate. Also contributing to the violence against women
is societal mindset about women that has not changed much. Violence is perpetrated
on women both inside and outside her home. The government and voluntary
organizations are making efforts towards ending or minimizing violence against
women.
 P a g e | 57

The efforts of the government are in the shape of enacting relevant

legislations, issuing orders and launching various women welfare schemes. But their
implementation remains tardy, as the lower level government functionaries are not
gender sensitive. On the other hand the voluntary organizations are taking both
preventive as well as reactionary measures. But efforts of the voluntary organizations
suffer from paucity of funds and infrastructure. Education of the girl child is the first
step towards a better society with fewer incidents of violence.
Campaigns aimed at men and boys to increase awareness and change attitudes
about gender inequality are also effective tools. As individuals and responsible
citizens, we need to spread awareness and report any act of violence against women
around us.
Women's groups at the national consultation on the Act regretted "the lack of
commitment on the government's part to effectively implement it". Crucial factors
that aid the implementation of the Act - appointment of protection officers (POs) and
counsellors; training of police and judicial officers and awareness generation and
publicity - have been neglected, the meet found. I conclude some of suggestion to stop
the violence against women.

 Special women police stations staffed with multidisciplinary female teams equipped
to respond to the different needs of victim, have been set up in several countries, are
an attempt to make police stations accessible for women.
 The judiciary must become more gender sensitive.
 Curriculum that teaches non-violence, human rights and gender issues should be
included in elementary and secondary school, universities, colleges and other training
institutes. Teaching about women contributors in history class, promoting girl
participants in sports are some important steps in promoting gender equality.
 The judiciary must strongly reinforce the message that violence against women is a
serious crime and the abuser will be held accountable.
 The police must be well positioned to provide assistance to victims.
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 NGO’s like women organizations which work in partnership with government must
be promoted because they provide education and awareness programs. The range of
their services must be strengthened.

 Strategies must be formed at pre- complaint and complaint level.

Ranjana Kumari, Director of the Centre for Social Research (CSR), said: "This is a
pathbreaking civil law but it needs support systems in place to deliver justice to the
victims of domestic violence. (The lack of these owes to) the callousness of the
authorities towards women, the lack of initiative to spread awareness about the Act
and the lack of adequate budgetary allocation." Only 14 states have separate
budgetary allocations for the Act. Most states are yet to appoint POs, who are often
the first ' points of contact' for victims of domestic violence.
Praveen K. Bharti of NGO Ummang said: ―This is one of the most progressive laws
as it covers all domestic relationships of women...but women are scared.
Suggestions:
Amendments required:
To prevent further damage to marital harmony and social stability in India
the following amendments to the Domestic Violence Act may be made :
1. Domestic Violence Act should be made gender –neutral and equal protection
should be provided to men and women against physical , emotional , verbal and
economic abuse .
2. Domestic Violence Act like every other law , must be based on the
presumption of innocence until guilt is proved . In addition , the Domestic Violence
Act must follow the principle of according a fair trial to the accused
3. Domestic Violence Act attempts to legalize live –in relationship ,therby
violating laws against polygamy and also disregarding the rights of a legally wedded
wife. A live-in relationship, unlike marriage , is not a legally binding contract to the
accused.
4. In order to protect victims of domestic violence from further abuse, they
should be removed from the abusive situation and relocated to shelters. Making
provisions for monetary compensation to the complainant promotes misuse of the
law by unscrupulous individuals.
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5. Denying the accused persons of residential rights on their own property

violates the human rights of the accused. In additionv, a genuine victim who is not
removed from the site of abuse is more likely to fall prey to violence again and
again.
In short the Domestic Violence Act should be replaced by a more benign ,
sensible , gender-neutral legislation that ensures women and men their rightful,
honorable place within and outside the home , in order to promote domestic
harmony , reduce litigations and prevent legal terrorism and extortion through
misuse of the law.

Awareness :
These situations should change. Awareness among the neighborhood is a must. As
a responsible citizen, we must keep our eyes/ears open to help people who are in
distress or who are in realm of such Domestic Violence. Any righteousness war can
be raged against this issue.
 Teach the girl children from the beginning about their rights and equality from the
childhood.
 Take the help of any agency/Government for the Domestic Violence victims.
 Media and TV should conduct programmes regarding this biggest social issue. Also
the serials produced with lots of negative characters should be banned by the
government.
 Seek out support. You don‘t have to suffer alone. Inform people close to you (family,
friends, and neighbors) about your situation so they are prepared to react to suspected
violence.
 Try to start an individual savings account as an economic safety net. Have statements
sent to a trusted relative or friend.
 Talk to your children about what they should do if a violent incident occurs. Teach
children the address of your house, relevant emergency phone numbers, and the name
of their grandparents in case of an emergency.
 Call for police, medical attention, get legal help and counseling for yourself and your
children. Use good judgment of relationship structure in the household and/or the
community you live in before confiding in your in-laws or his friends for help 30.

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Recommendation:
Sensitize the youth to respect women and fast tract the police and judicial
system. Stringent punishment needs to be meted out to send a strong message to
violators.
Family Counseling Centers should be available in all the regions to address the
issues at the initial stages to avoid many fatal cases. If proper intervention is available,
the victims of domestic violence can re-think about their stand, gain confidence to
fight their issues and will not go for ending their life.