1

“THEORY OF ABROGATION”

RESEARCH PAPER ON- “DOMESTIC VIOLENCE LEGISLATION:

PROTECTING VICTIMS AND ENSURING JUSTICE”

SUBMITTED BY SUBMITTED TO

PALAK BARDE (NEHA MAM)

INTERNSHIP COORDINATOR

RESEACH QUESTIONS
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 What does domestic violence in India means?

 What are the reasons because of which domestic violence is increasing?
 How do drug abuse and alcoholism affect family violence?
 Does poverty affect spousal abuse?
 What are the impacts of domestic violence in children?
 What are the actions and precautions taken to lower down domestic
violence and to protect victims?
 How the justice can be ensured to victims?

RESEACH METHODOLOGY
The research methodology used in this study is based on secondary information sources like
books, journals, and other publications. The current exploration work contains a basic
examination and a definite investigation of the point- DOMESTIC VIOLENCE LEGISLATION:
PROTECTING VICTIMS AND ENSURING JUSTICE.

This study includes in depth and in-depth web browsing, an overall study of the subject, and
elaborate theoretical research.

TABLE OF CONTENTS
INTRODUCTION…………………………………………………………….. 05
 3

DEFINITIONS………………………………………………………………… 06

TYPES OF DOMESTIC VIOLENCE………………………………………… 07

BACKGROUND……………………………………………………………… 08

CAUSES OF DOMESTIC VIOLENCE………………………………………. 09

CONTRIBUTION OF ALCOHOL AND SUBSTANCE…………………….. 10

IMPACT OF VIOLENCE ON WOMEN’S HEALTH………………………… 11

HOW POVERTY HAS ITS INFLUENCE……………………………………. 12

DOMESTIC VIOLENCE EFFECT ON CHILDREN…………………………. 13

ACTIONS AND PRECAUTIONS FOR DOMESTIC VIOLENCE……………14

SECTIONS FOR RENDRING JUSTICE TO VICTIMS………………………. 15

SCHEMES FOR EMPOWERNMENT OF WOMEN………………………….. 16

CASE LAWS……………………………………………………………………. 17

CONCLUSION…………………………………………………………………. 18
 4

“DOMESTIC VIOLENCE LEGISLATION: PROTECTING VICTIMS AND

ENSURING JUSTICE”
By Palak Barde

ABSTRACT
1
Women are viewed as the most significant members of society, and they are also the ones that
experience violence the most. Women frequently experience violence of one kind or another,
whether it is from their own husbands, in-laws, or close relatives. Domestic abuse refers to any
sort of violence that a woman experiences within her own home. The entire society is aware of
the societal problem of domestic violence. Women are the foundation of the family; they care for
the other members, establish the family, handle all small and large family matters, and may even
attempt to resolve as many problems as they can, but even so, they fall prey to domestic abuse. A
woman's secret sorrows make her a simple target for male dominance, which is reinforced by
other family members. The situation is made worse by the victimization of women and the
traditional views held by family members in society. This research paper will primarily
concentrate on defining domestic violence in India, outlining its various forms, and examining
the factors contributing to its exponential rise in the country's social fabric. How can drug and
alcohol abuse contribute to family violence? How it negatively affects women's health and adds
to their misery. The main cause of men's rage and intolerance, which ultimately drives them to
violate women's rights in the home, is poverty. How young children at home are abused along
with their moms, which later becomes one of the worst traumas they have to deal with in the near
future. As a society and as individuals, we should speak up, identify, and condemn those who
continue to oppress and abuse their women. We should also take decisive action to bring these
individuals to justice and support the women who are victims of this abuse. Women should not
rely on their male family members; instead, they should be financially and intellectually
independent. They must be educated about their rights and how to avoid becoming victims of
domestic abuse.

Keywords: Domestic violence, society, women, victim

1
https://vulj.vupune.ac.in/archives2/6.pdf
 5

INTRODUCTION
There is a famous quote written by Sandra Pupatella, which says;
2
“The effects of abuse are devastating and far-reaching. Domestic violence speaks
many languages, has many colors and lives in many different communities.’

A true man is one who treats women with respect in all circumstances and never loses their
composure or touches them. However, from very recent times to earlier periods, we have seldom
seen such men in our society who do not think that women should be subjugated or denigrated
and instead believe that they should be supported and encouraged at every stage of life. Because
it frequently occurs in private and it is sometimes simpler to stay out of the way, domestic
violence can be perceived as something that is very easy for people to ignore. which means that
women are left to deal with domestic abuse on their own and do not receive the strength or
support to speak out about it. Because men are physically stronger than women, women have
generally kept quiet because they believe they cannot match a guy. Domestic violence, also
known as intimate partner violence or domestic abuse, is characterized by a consistent pattern of
using or receiving violence in relationships of any kind. Anything that could put a victim's life,
health, development, or ability to feel pain on a physical level is dangerous. domestic violence
comes in different forms, different language, different colors and women's need to understand
where they are being the victim of domestic violence rather than to justify the abusive behavior
of their partner by giving an excuse of them being stressed due to work or because of financial
crises. The impact of domestic abuse on women's health affects both their physical and mental
well-being. The result of pregnancies and the reproductive health of women are severely
impacted by excessive violence against them. According to both real perspective and humanistic
viewpoint, women are perceived as weak, and as a result, they are largely kept behind in society
because they are not given the opportunity to learn about their rights and distinguish between
right and wrong. Because women are often hungry and have high ethical standards, among other
reasons, there is a significant disrespect for women.

As Swami Vivekananda had said;

“That country and that nation that do not respect women have never become great, nor
even be in future.”

2
https://www.azquotes.com/quotes/topics/domestic-violence.html
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DEFINITIONS
The Protection of Women Against Domestic abuse Act of 2005 now serves as the definition of
domestic abuse in India. Regarding domestic violence, a wide range of opinions, viewpoints, and
definitions have been offered by various individuals.

3
Oxford Definition - Any instance of abuse, threats, or violence between individuals who are
or were family members or intimate partners, regardless of gender or sexual orientation.
4
Author’s Definition- Violence is defined as the use of physical force with the intent to
injure. Violence can cause psychological, physical, or both types of harm.
5
General Definition- A pattern of behavior in any relationship that is used to obtain or keep
control over an intimate partner is known as domestic abuse.

3
https://www.oxfordreference.com/display/10.1093/acref/9780198802525.001.0001/acref-9780198802525-e-
1217
4
Kristine M. Jacquin, ‘Violence’ (2023) <https://www.britannica.com/topic/violence> May 2,2024
5
https://www.un.org/en/coronavirus/what-is-domestic-abuse
 7

TYPES OF DOMESTIC VIOLENCE

6
Domestic violence can take many various shapes and speak many different languages, but any
kind of violence committed by a spouse or family member within or outside the home will be
classified as domestic violence. Some experience physical violence, while others encounter
verbal or sexual assault.

Physical abuse- This is any act that hurts the victim physically or puts their health, development,
or limb in jeopardy. Assault, illegal force, and criminal intimidation are examples of physical
abuse that causes bodily harm to women.

Economic abuse- Any action or behavior that prevents someone from having money or makes
them dependent on someone else for their financial well-being in order to inflict them economic
harm. The limitations placed on financial resource access.

Sexual Violence- It refers to any form of sexual abuse that degrades, humiliates, abuses, or
injures a woman's dignity in any other way. It is a form of compulsion related to sexuality or
reproduction.

Verbal and emotional abuse- It is a form of emotional blackmail or verbal threats directed at
women by their boyfriend. Emotional abuse is a very common consequence of verbal abuse.

6
Adv. Priyanka Sampathy , ‘ What is Domestic Violence in India?’( Ezy legal)
<https://www.ezylegal.in/blogs/what-is-domestic-violence-in-india>
 8

BACKGROUND
7
Domestic abuse situations were not given much attention back then, and the couples or families
involved handled domestic disputes in secret. Prior to 1980, domestic abuse crimes were rarely
given substantial attention by the authorities. Due to the fact that the issue was not treated
seriously back then, the number of cases is growing daily somewhere.
8
Thurman was repeatedly beaten by her violent husband in 1985, as documented in the
well-known case known as "Thurman Law." However, the police disregarded her complaint
of domestic abuse. Thurman's torture resulted in severe physical injuries. She filed a damages
lawsuit against the police force. According to the statute, when law enforcement comes across
situations of domestic abuse, they must make an arrest. The state's Family Violence
Prevention and Response Act, also referred to as the Thurman Law, was influenced by this
case in 1986.

A 1999 study looked at the frequency and features of domestic abuse in five northern Indian
areas during 1995 and 1996. According to the study, there was a lifetime prevalence of domestic
abuse in the five areas ranging from 18% to 45%.

7
https://en.wikipedia.org/wiki/Domestic_violence_in_India#:~:text=There%20are%20several%20domestic
%20violence,Code%20in%201983%20and%201986

8
Lyle Therese A. Hilotin-Lee, J.D., ‘Domestic Violence: Background’ (Find law)
<https://www.findlaw.com/family/domestic-violence/domestic-violence-background.html> 02 october,2023
 9

CAUSES OF DOMESTIC VIOLENCE

Every day, women experience many forms of violence without speaking about it, which gives
men the authority to rule over them. Domestic violence cannot be ignored because it is steadily
rising every day, even if men who abuse their wives may have a variety of motivations for doing
so.
There are some of the reasons behind domestic violence which are:

9
Orthodox Mindset- Indian men have held the position of head of the family from ancient times,
giving them great influence and authority over all aspects of life. This also gave them authority
over women. Because they have more power, they could feel entitled to control and dominate
their spouses, which could result in domestic abuse.

Alcohol and Substance use- When a man uses drugs or alcohol, he becomes more aggressive and
dominant. which they removed by abusing the females. They are easily taken advantage of by
their husbands because they lack moral sensibility.

Lack of Education- The main issue is that they are not being taught what is appropriate behavior
in relationships or society, or what boundaries should be respected. Both men and women should
be informed of their rights and gender equality because ignorance causes issues for both sexes.

Poverty- Poverty is a major contributing factor to domestic violence because people in rural
areas typically lead less exciting lives and must deal with poverty. The frustration that comes
with not being able to provide for their families or obtain the things they desire due to financial

9
https://www.legalserviceindia.com/legal/article-10907-causes-of-domestic-violence-in-
india.html#google_vignette
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instability makes men more easily irritated and angry, which in turn leads them to violate their
women in an attempt to reduce their level of frustration.

Lack of Dowry- A socio-cultural issue, it has an alarming correlation with domestic violence
because dowries are a holdover from bygone eras when women were more likely to be abused
for failing to provide enough money to appease their spouse or in-laws. which led to men venting
their resentment over not receiving enough and seeing them silently face everything.

CONTRIBUTION OF ALCOHOL AND SUBSTANCE IN DOMESTIC

VIOLENCE
10
Any substance, including alcohol, and domestic abuse have a complex interaction. The
individual is undoubtedly using drugs of any kind if there is domestic violence. It is a fact that
the main causes of domestic violence are drugs or alcohol. The abuser uses drugs or alcohol as a
justification for his abusive actions toward the ladies. His acts have an impact on the women
living there as well as the rest of the family, including himself. When someone starts using drugs
or alcohol, they can never stop since it becomes a form of addiction for them. They were unable
to distinguish between what they were doing and why they were doing it while intoxicated.
When under the influence of alcohol or other similar substances, people lose their temper and, in
an attempt to vent their frustration, beat and mistreat their partners. These drugs affect the
family's women as well as the kids and other members. The parents are anxious about their son's
increasing alcohol and drug addiction because they know there won't be positive outcomes. The
individual who consumes it loses their capacity for information perception, integration, and
processing.11 According to some research, using big amounts of alcohol or any other substance
can make a user feel more in control of their life and in control of other people. controlling the
10
http://hrlibrary.umn.edu/svaw/domestic/link/alcohol.htm#:~:text=An%20increased%20sense%20of
%20power,using%20substances%2C%20particularly%20illegal%20drugs

11
Br J Psychiatry, ‘Partner alcohol use, violence and women’s mental health: population-based survey in India’, (2010)
196(3 ) Royal College of Psychiatrists<
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2830055/> March 2010
 11

family's female members or the girl child, whom he didn't want. Any substance, including
alcohol, might act as a trigger for a man to lose their composure quickly. They are easily agitated
and take advantage of women without giving it any thought, never mind the consequences down
the road. Research indicates that partners of males with alcohol problems are more likely to
experience depression. In addition to harming women, this also causes men to have bad physical
and mental health. Due to excessive intake, they experience sadness or physical exhaustion.
Researchers discovered that homes with at least one male member who abuses drugs have worse
conditions and are far more likely to experience domestic violence. Drug usage not only
negatively impacts one's health but also hastens one's demise, leaving women and their families
to grieve.

IMPACT OF VIOLENCE ON WOMEN’S HEALTH

12
Women are more likely than men to become victims of domestic abuse, and they are also
thought to be more likely to be in poor health or to have experienced violence. Women deal with
a variety of issues pertaining to their physical and mental health on a daily basis. The women's
mental health was severely impacted by the man's little physical violence. Although mental
illness appears to be a relatively common condition, there are more and more mentally unstable
patients in today's world, making it one of the more serious issues. and the ratio among women is
higher than it is for any other group since they experience violence on a regular basis. Men
employ violence against women to gain control over them, inflicting bodily or psychological

12
Erin G. Clifton,’ Domestic violence’, (MD, MHSA, University of Michigan School of Medicine, march 2024 )
<https://www.msdmanuals.com/en-in/home/women-s-health-issues/domestic-violence-and-sexual-assault/
domestic-violence>
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harm. The victim of physical harm may have symptoms such as headaches, bruising, and pelvic
or abdominal pain. Sometimes, a male will even hit a pregnant woman out of alcohol or rage,
resulting in a miscarriage and a host of other health problems, not to mention the unfathomable
depression she experienced after losing her baby. The effects are not only physical but
psychological as well. At that point, the woman needs her family to be there for her, but society
has changed, and instead of providing the support and confidence she needs, the woman faces
abuse and an inexhaustible amount of insults from her husband or in-laws. abuse of expectant
mothers greatly impacted postpartum breastfeeding as well as the risk of low birth weight babies,
preterm deliveries, and neonatal mortality. Women and the family as a whole must support one
another and refrain from allowing any form of violence against women to occur at any point in
their lives in order to prevent negative effects on their mental and physical well-being.

HOW POVERTY HAS INFLUENCE ON DOMESTIC VIOLENCE

13
Violence against women is a widespread problem that has long existed in almost every nation.
There are various causes of this violence, but poverty is thought to be one of the main ones.
Poverty increases the difficulties of living in cramped confines with a high degree of violence.
Living in these places also contributes to the normalization of violence against women. One of
the main causes of violence against women is poverty because it creates a lot of challenges in life
13
J Interpers Violence, ‘The Empact Of Poverty’ (2022) 38(5-6) Sage Choice <
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9900691/> March 2023
 13

that are difficult to handle, which makes men abuse alcohol and other drugs and become
intoxicated over their financial situation and the difficulties they face, which makes them violate
the women in their home. Domestic abuse can be considered a worldwide epidemic since it
transcends all linguistic, cultural, and geographic barriers. One of the challenges faced by low-
income and battered women is the reality of poverty. Because they frequently lack the resources,
many abused women never manage to leave abusive circumstances. Low income families are
much more likely to experience domestic turmoil and the stress that goes along with it, which
raises the possibility that poverty is a contributing factor in domestic violence.

DOMESTIC VIOLENCE EFFECT ON CHILDREN

14
Since children are thought to be the most innocent souls, they must always be kept safe.
Children's formative years are crucial in shaping their futures and helping them develop into the
kind of people who should be good and pure toward everyone. Children should have a stress-free

14
Cynthia Crosson-Tower, ‘ Understanding child abuse and neglect’(October 1993,National Academy of Science)
 14

and burden-free childhood. However, it is common to witness children in today's world working
as laborers or, more likely, being in unsuitable environments. Because of the continuous violence
in their homes, many children now attempt to spend as much time as possible outside of them. It
is common knowledge that children who witness violence in their homes are more likely to
emulate other males, internalize the lessons they learn, and develop anger management problems
early in life, eventually attempting to control the women in their immediate environment.

However, a child who witnesses their mother, grandmother, or sibling being the victim of
domestic abuse at a young age frequently withdraws and has a gloomy future. Even if someone
raises their voice or starts berating them, they become afraid very quickly. They frequently
struggle with anxiety, despair, or trouble sleeping, and they feel awful and are unable to express
their issues. The impact that domestic abuse has on children's mental health is something that
should be examined since, over time, the trauma of witnessing and experiencing all of this has an
increasingly significant impact on children's mental health. The experiences have a lasting effect
on the child, which might be detrimental to their development. The youngster may occasionally
witness violent acts, which can be fatal. Maltreatment frequently happens when a family or social
context is dealing with a number of issues, such as unemployment, substance misuse, violence,
poverty, and violence. Children who work in any capacity from a young age experience violence
of one type or another.

ACTIONS AND PRECAUTIONS FOR DOMESTIC VIOLENCE

Not only is it important to prevent domestic abuse and take action against it, but it also provides
countless people with a lifeline and encourages them to speak out about the violence or problem
they are experiencing at home. To hurt more people and society as a whole, we should all move
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forward and put an end to abuse before it begins. 15Preventing domestic violence contributes to a
better society where women are empowered and able to advance. Among the best courses of
action and safeguards that can be implemented are:

Education- People's minds are significantly shaped by their schooling. Teaching women about
the infringement of their rights and the steps that may be taken to avoid it will effect change and
put an end to domestic abuse.

Promote Gender Equality- The World Health Organization has observed that gender imbalance
raises the likelihood of males abusing women because men tend to view themselves as superior
and more powerful than women. Not only can women be abused, but guys can also be abused
from time to time.

Engage in Productive Activity- If the individual is jobless, we frequently find them spending the
entire day at home, frustrated. Small things irritate or frustrate them with their spouse or kids,
which can result in needless domestic violence against one another.

Avoid bad company-The individual they spend the entire day, work with, or sit next to matters.
Peer pressure is thought to have a significant impact on adults and young people alike. Engaging
with others who have negative habits will eventually cause that person to acquire that tendency
as well.

Observe the law- Being the head of the household does not absolve the man from using domestic
abuse. Both men and women must observe the legislation, which subjects the abuser to penalties
like fines and rehabilitation programs.

SECTIONS FOR RENDRING JUSTICE TO VICTIMS

15
Rachael Pace, ‘ Actionable ways for Domestic Violence Prevention’ (marriage.com,19 December 2023) <
https://www.marriage.com/advice/domestic-violence-and-abuse/ways-of-domestic-violence-prevention/>
 16

16
Since domestic violence is spreading quickly and is becoming more severe every day, there are
a rising number of documented examples of men killing their wives during violent episodes. It is
impossible to ignore how serious this is, and our nation's judiciary and public servants must act
accordingly. A number of articles and sections have been provided for the preservation of
women's rights when they voice their concerns and seek justice. In order to give women who are
victims of domestic abuse justice, our constitution undertook some very serious measures. In
order to address domestic abuse, the Indian legal system created sections 498A of the Indian
Penal Code (IPC) in accordance with the Criminal Law (Second Amendment) Act, 1983 (46 of
1989). Section 498A of the IPC stipulates that a spouse or a relative of a woman's husband
subjecting her to cruelty. Section 304B of the Dowry Prohibition Act (DPA) protects women
from domestic abuse, especially when it occurs in the context of marriage and the family. The
2005 Domestic Violence Act has the following significant provisions:

Section 5- Duties of police officer , service provider and magistrate.

It expedites the process of obtaining protection orders and responds quickly

to allegations of domestic abuse.
17
Section 6 & 7- Duties of shelter homes and medical facilities.

Ask the person in charge of the shelter homes to give her a place to stay, and
they ought to comply.

Section 8- Appointment of Protection Officers

This clause gives the government the authority to designate protection

officers in each district and designate the area or locations where the officers are to use their
newly granted authority.

16
https://www.ijfcm.org/html-article/13600#:~:text=The%20Indian%20legal%20system%20has,woman
%20subjecting%20her%20to%20cruelty

17
https://www.freelaw.in/legalarticles/Domestic-Violence-Act-2005
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SCHEMES FOR EMPOWERNMENT OF WOMEN

18
In an effort to empower women, the ministry of women and child development is putting in
place a number of programs and schemes, including the following:
One Stop Centre- One stop centers (OSCs), sometimes called Sakshi Centers, are designed to
provide women who have experienced violence—particularly domestic abuse—with a variety of
integrated services under one roof, including police support, medical assistance, legal help, and
legal counseling.

Ujjawala Scheme- A centrally supported program called Ujjawala is being implemented to

prevent human trafficking and to rescue, rehabilitate, reintegrate, and repatriate victims of human
trafficking for the purpose of commercial sexual exploitation.

Swadhar Greh Scheme- The Swadhar Greh scheme is a government-sponsored program

designed to assist women who have experienced adversity and require institutional support for
rehabilitation in order to live respectable lives.

whoever a woman's husband is, or a relative of a woman's spouse. Subjects who subject such
women to cruelty may be penalized by up to three years in prison, a fine, or both. This is because
section 498A IPC is a cognizable offense that is not susceptible to compounding or bail.

18
https://pib.gov.in/Pressreleaseshare.aspx?PRID=1795471
 18

CASE LAWS
This is a collection of some of the most important case laws relating to domestic abuse against
women. This case eventually found its way into the courts, and important actions are now being
done as a result. These actions also provide some common answers that will help women or the
government address related problems and offer remedies. Several well-known case laws
pertaining to domestic abuse include:
19
The petitioner in this case claims to be an abandoned housewife who is having financial
difficulties and is forced to live with her two children at her parental home. A variety of items
were offered as dowry at the time of the marriage. Because the other party thought the dowry
material was of lower quality, she was later tortured.
20
Mrs. Payal Malik lived with her parents prior to becoming married. The couple's marriage
was formally sealed in Panipat. After getting married, Nagesh Malik and his spouse moved to
the United States, where they settled into a married couple's house and began living together.
They welcomed a daughter into the world on October 24, 2002. It appears that the parties
developed a deep gulf and were unable to work through their differences. The wife and
husband have made accusations and counter-allegations, but these are unrelated to the
decision about this petition. But as a result of these disagreements, the parties decided to get a
divorce from one another and signed a post-nuptial agreement.

19
Geeta Sharma vs Banwari Lal Sharma & Ors CRR 556 of 2019

20
Varun Malik vs Payal Malik P. No. 253/2010
 19

CONCLUSION
People like us know that the only way to address any social issues is for each of us to take the
initiative to find solutions and make a positive difference in the lives of the women they impact.
If appropriate and stringent measures are put in place in compliance with present laws and
knowledge of the negative effects of domestic violence is increased across the nation, India can
address the issue of domestic violence. Domestic violence is a problem that was once ignored,
allowing women to endure abuse at home from their spouse or in-laws during difficult times.
Women are not adequately protected from this and are allowed to experience conditions related
to their bodily and mental health. Mother’s health is never prioritized, and they are left to fend
for themselves, which has a negative impact on both mothers and their offspring. Women
frequently experience men's frustration, rage, and tension without speaking about it. She endured
the suffering and injuries in silence, never thinking to voice her complaints or turn against her
family, even if there might have been more than one cause for them. Women's financial reliance
on males, parental pressure to manage and work out relationships, the desire to improve the
future for her children, and a host of other factors are some of the causes. This isn't simply a
problem for women; it's the fault of the entire society, which is allowing women to suffer while
watching and not intervening to stop it or extend a helping hand in any way. It is time for women
to rise up, speak up, and stop the brutality they have endured for far too long. It is past time for
women in society to receive equal treatment and the respect they so richly deserve. In order to
prevent them from suffering at home when a woman is independent, confident, and doesn't allow
men try to control her, she should be given the necessary education and opportunities to work
outside the home. Instead of sitting around and taking it all in, she should stand tall before them
and maintain her sense of dignity and self-worth. Therefore, in order to reduce the number of
domestic abuse cases, we should all be aware of what is happening in our society, actively look
for problems, and take necessary measures to shield women from damage.
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