INTRODUCTION:

This paper focuses on domestic violence as a human rights violation. The study of domestic violence as a human right violation means that the application of international human rights law can have the effect of reinforcing the state’s obligations to respect the individual rights of each and every person and thus be held accountable for abuse of those rights by private individuals. Although the state does not actually commit the abuse, its failure to prosecute the abuse and to guarantee legal protection to women victims amounts to complicity in it. As a result, domestic violence can be a matter subject to scrutiny and review by the international community.

Domestic violence in India:

According to the Crime in India Report 2018, published by the National Crime Research Bureau, a crime is recorded against women in India every 1.7 minutes and a woman is subjected to domestic violence every 4.4 minutes. It also topped the categories of violence against women according to the report. As per the data, 89,097 cases related to crimes against women were registered across India in 2018, higher than the 86,001 cases registered in 2017.

The National Family Health Survey, 2015-16 highlighted that 30 percent of women in India between the ages of 15-49 have experienced physical violence. The report suggests that among married women experiencing physical, sexual, or emotional abuse, an alarming 83 percent list their husbands as the main perpetrators, followed by abuse from their husbands’ mothers (56 percent), fathers (33 percent), and siblings (27 percent).¹

These statistics don’t capture the data on violence against women in its entirety. This is primarily due to the prevalence of orthodox social norms and the stigma that is placed on survivors of sexual or domestic violence, resulting in cases being grossly underreported. Women also feel unsafe while approaching the police, because they worry that if their partners are arrested, they may face worse abuse once they are released, and in the interim, might face harassment from their in-laws or others.

Protection of Women Against Domestic Violence And Maintenance:

Regarded as a severe social offense, domestic violence in India records one of the highest numbers of incidences in the world. Millions of people face it, mostly women, regardless of their gender, status, religion, caste, sexual orientation, or age.²

The tern domestic violence is most commonly used to touch on the violence done within a married relationship, in which one partner, usually male or his family, uses a pattern of assault and intimidating acts to impose power and control over the other partner, typically female. As mentioned, generally, such kind of violence targets the victimization of women. Out of this, most women face this as a general household problem and choose to keep quiet for family reputation.

As the offense is common in India, the government and the authorities try to secure women in every possible manner. The Protection of Women from Domestic Violence Act, 2005, and many amendments in Criminal Law have been implemented to various acts that act against the modesty and dignity of a woman.

In the case of Savita Bhanot vs. Lt.co. V.D Bhanot, filed under Protection of Women Against Domestic Violence Act, 2005, the court’s judgment was that the wife is entitled to maintenance even if the domestic violence has been committed prior to the act coming in force.

An act of gender-based violence that affects or likely to affect any woman in any kind of suffering, be it physical, psychological, or sexual, will be considered as domestic violence. This domestic violence also includes threats of such acts, coercion or arbitrary deprivation of her liberty of both public and private life. Hence, the Protection of Women against Domestic Violence Act, 2005, is present in India for women of all caste, creed, race, religion, and status in India.

The Laws for Domestic Violence in India

According to a recent survey, 70 per cent of women in India, either are victim are has been a victim of domestic violence. The domestic violence was first introduced by The Indian Penal Code, 1863 section 498(a) when for women’s husband and the relative of the husband subjecting to cruelty done with her.

The Protection of women against domestic violence, 2005 as an act came into force on 26 October 2006, by the Parliament of India. This act differs from section 498(a) of IPC because it provides a broader sense to the definition of Domestic Violence.

There are also various provisions have been made for the Protection of women against domestic violence under various statues, such as Section 304(b) of Indian Penal Code, 1983, for cruelty, that also lies under domestic violence’s definition.³

The criminal law amendment, 2013, was a landmark in the subject, as it amended some sections of the Indian Penal Code, The Criminal Procedure Code, and the Indian Evidence Act.

Under the amendment, the terms sexual assault and rape were clarified and added on, and the penalties and punishment were made much severe. Under the 2013 amendment, Acid attack, stalking, publicly and forcefully disrobing women were also added and made punishable under law.

The Hindu Marriage Act, 1955

Section 25 of the Hindu Marriage act, 1955, describes the maintenance as in such cases, the court may order either the husband or the wife is entitled to layout maintenance in either a lump sum amount or annually or monthly for the lifetime.

Hindu Adoption and Maintenance Act, 1956

According to Section 18 of the Hindu Adoption and Maintenance Act, 1956, a wife, who is born as a Hindu, is entitled to get maintenance by her husband during her throughout her lifetime. Under the act, the wife also has a right of separate residence and maintenance, in any of the conditions defined under section 18(2) of the Hindu Adoption and Maintenance Act, 1956 (Cruelty, desertion, leprosy, adultery, forceful conversion of religion, or any reasonable cause). However, she is not entitled to any kind of maintenance if she is unwilling to the consummation of the marriage, or converted willingly. Meanwhile, Section 19 of the act says that a widowed woman is entitled to maintenance by her father-in-law.³

Maintenance Under Personal Laws in India:

Muslim Law:

Under Muslim law, a wife is entitled to get maintenance from her husband under the Muslim Women (Protection of Rights on Divorce) Act; it has been amended now.

Under the laws, the amount of Mehr agreed at the time of marriage has to be given to the wife. Also, during her Iddat period, she is entitled to get a fair and reasonable amount as maintenance.

If a Muslim woman gets a divorce and is unable to maintain herself, after the Idaat period, the Judicial Magistrate can pass an order to her relatives, who will pay deemed fit maintenance to her, will inherit her property.

In case the relatives of the woman are not able to pay the maintenance, the Judicial Magistrate can order to pay the same to the State Wakf Board established under the Wakf Act, 1995.

Common signs of abuse?

· Your partner keeps track of everything you do. They monitor where you are and whom you are with at all times. They prevent or discourage you from seeing friends, family, or going to work or school.

· You partner insists that you reply right away to their texts, emails, and calls, and demands to know your passwords to social media sites, email, and other accounts.

· An abusive partner may act jealous, including constantly accusing you of cheating. They may attempt to control how you spend money and your use of medications or birth control. They may make everyday decisions for you, such as what you wear or eat.

· They may be demeaning. They may put you down by insulting your appearance, intelligence, or interests. They may try to humiliate you in front of others and attempt to destroy your property or things that you care about.

· An abusive partner may act angry or have a quick or unpredictable temper, so you never know what might cause a problem. They may blame you for their violent outbursts and physically harm or threaten harm to you, themselves, and members of your household, including children or pets.

· They may hurt you physically, such as hitting, beating, pushing, shoving, punching, slapping, kicking, or biting. They may use, or threaten to use, a weapon against you.

· They may be sexually abusive, including rape or other forced sexual activity. They may incorrectly assume that consent for a sex act in the past means that you must participate in the same acts in the future. They may also incorrectly assume that consent for one activity means consent for increased levels of intimacy. For example, an abuser may assume that a kiss should lead to sex every time.

· An abusive partner may threaten to turn you in to authorities for illegal activity if you report the abuse, or if you resist.

If you are concerned about a friend who may be experiencing domestic violence or abuse or feels unsafe around someone, review these tips on how to help them find safety and support.

· If you are worried about a friend’s safety, stay in touch and be creative.

Avoid making the abuser suspicious so that communication lines can stay open. If you both have children, for example, you can suggest joint calls between both yourselves and the kids. You can create secret code words to use in conversations that can help you communicate more safely.

· Ask your friend how they prefer to connect.

It is important to establish a safe communication channel since they will be, in many instances, physically close to the abuser who might be monitoring conversations. Ask them if they prefer an instant message or text over a call, and if there is a specific platform or app they prefer to use.

· Be supportive and believe them.

Reassure them that they are not alone and that help and support are available. Recognize that it may be difficult for them to talk about the abuse. If they want to talk, listen carefully and be empathetic.⁴

· Help them think through how to stay safe during COVID-19.

Help your friend create a plan for lockdown situations. Are there other friends or family they could stay with during this time? Consider helping them to reach out to these people to make a plan.

· Offer practical assistance and share resources.

Let your friend know that you want to help. If you are able, offer them a safe place to stay, transportation, or other forms of support that may increase their safety.

It is a criminal offence in England and Wales for someone to subject you to coercive control. If you experience this kind of abuse you can report it to the police. You may also be able to apply to the Family Court for protection. This legal guide is designed to give you information about the ways in which the law can protect you.

Coercive control?

Coercive control is when a person with whom you are personally connected, repeatedly behaves in a way which makes you feel controlled, dependent, isolated or scared.

The following types of behaviour are common examples of coercive control:

· isolating you from your friends and family

· controlling how much money you have and how you spend it

· monitoring your activities and your movements

Some of the behaviours in this list can be other offences as well as coercive control, so your abuser can be arrested for more than one offence for the same behaviour. For example, if your abuser broke your phone as part of his coercive control then he could be arrested and charged for coercive control and also the offence of criminal damage.⁵

Your abuser will be guilty of the offence of coercive control if

1. he is personally connected to you, and

2. his behaviour has had a serious effect on you, and

3. your abuser knew or ought to have known that his behaviour would have a serious effect on you.

Serious effect mean?

Your abuser’s behaviour is considered to have a serious effect on you if:

· on at least two occasions you have feared that violence will be used against you, or

· you have felt serious alarm or distress and it has had a substantial effect on your usual day to day activities. The behaviour has had a substantial effect on you if it has caused you to change the way you live. For example, you may have changed the way you socialise, your physical or mental health may have deteriorated, you may have changed the way you do household chores or how you care for your children. If you have changed the way you live in order to keep you or your children safe from harm, it is possible that the behaviour you are experiencing is coercive control.

How will the court decide whether my abuser knew or ought to have known that his behaviour would have a serious effect on me?

The court will decide based on whether a reasonable person who had all the information your abuser had would have known that the behaviour would have a serious effect on you.

Are we personally connected?

Only someone who is personally connected to you can commit an offence of coercive control. You are personally connected to your abuser if you are in an intimate personal relationship with them, for example if they are your partner, spouse or someone who you have a romantic or sexual relationship with. This includes same-sex relationships. If you are no longer in an intimate relationship with your abuser, but you still live together, then you are still personally connected to them and the offence of coercive control may apply.⁶

You are also personally connected to your abuser if he or she is a family member who you live with. A family member could be anyone you are related to or have a child with, or any person who you have ever entered into or agreed to enter into a marriage or civil partnership with. A family member can also be a person who your spouse is related to and that you live with, for example, your husband’s parents who you live with.

If you are not personally connected to your abuser because he is for example a colleague, a neighbour, an acquaintance or someone you don’t know you may still be able to seek protection from the abuse under the Protection from Harassment Act 1997. See our legal guide Harassment and the law.

CONCLUSIONS AND RECOMMENDATIONS:

The problems of child maltreatment, domestic violence, and elder abuse have generated hundreds of separate interventions in social service, health, and law enforcement settings. This array of interventions has been driven by the urgency of the different types of family violence, client needs, and the responses of service providers, advocates, and communities. The interventions now constitute a broad range of institutional services that focus on the identification, treatment, prevention, and deterrence of family violence.⁷

The array of interventions that is currently in place and the dozens of different types of programs and services associated with each intervention represent a valuable body of expertise and experience that is in need of systematic scientific study to inform and guide service design, treatment, prevention, and deterrence. The challenge for the research community, service providers, program sponsors, and policy makers is to develop frameworks to enhance critical analyses of current strategies, interventions, and programs and identify next steps in addressing emerging questions and cross-cutting issues. Many complexities now characterize family violence interventions and challenge the development of rigorous scientific evaluations. These complexities require careful consideration in the development of future research, service improvements, and collaborative efforts between researchers and service providers.

Examples of these complexities are illustrative:

· The interventions now in place in communities across the nation focus services on discrete and isolated aspects of family violence. They address different aspects of child maltreatment, domestic violence, and elder abuse.

The committee's conclusions are derived from our analysis of the research literature and discussions with service providers in the workshops and site visits, rather than from specific research studies. This analysis takes a client-oriented approach to family violence interventions, which means that we focus on how existing services in health, social services, and law enforcement settings affect the individuals who come in contact with them.

1. The urgency of the need to respond to the problem of family violence and the paucity of research to guide service interventions have created an environment in which insights from small-scale studies are often adopted into policy and professional practice without sufficient independent replication or reflection on their possible shortcomings. Rigorous evaluations of family violence interventions are confined, for the most part, to small or innovative programs that provide an opportunity to develop a comparison or control study, rather than focusing on the major existing family violence interventions.

2. This situation has fostered a series of trial-and-error experiences in which a promising intervention is later found to be problematic when employed with a broader and more varied population. Major treatment and prevention interventions, such as child maltreatment reporting systems, casework, protective orders, and health care for victims of domestic violence, battered women's shelters, and elder abuse interventions of all types, have not been the subjects of rigorous evaluation studies. The programmatic and policy emphasis on single interventions as panaceas to the complex problems of family violence, and the lack of sufficient opportunity for learning more about the service interactions, client characteristics, and contextual factors that could affect the impact of different approaches, constitute formidable challenges to the improvement of the knowledge base and prevention and treatment interventions in this filed.

3. In all areas of family violence, after-the-fact services predominate over preventive interventions. For child maltreatment and elder abuse, case identification and investigative services are the primary form of intervention; services designed to prevent, treat, or deter family violence are relatively rare in social service, health, and criminal justice settings (with the notable exceptions of foster care and family preservation services). For domestic violence, interventions designed to treat victims and offenders and deter future incidents of violence are more common, but preventive services remain relatively under developed.

4. Situation that results in lengthy waiting lists, discretionary decision-making processes in determining which cases are referred for further action, and extensive variation in a service system's ability to match clients with appropriate interventions.

5. The duration and intensity of the mental health and social support services needed to influence behaviors that result from or contribute to family violence may be greater than initially estimated. Family violence treatment and preventive interventions that focus on single incidents and short periods of support services, especially in such areas as parenting skills, mental health, and batterer treatment, may be inadequate to deal with problems that are pervasive, multiple, and chronic. Many programs for victims involve short-term treatment services—less than 6 weeks. Services for offenders are also typically of short duration. Yet research suggests that short-term programs designed to alter violent behavior are often the least likely to succeed, because of the difficulties of changing behavior that has persisted for a period of years and has become part of an established pattern in relationships. Efforts to address fundamental sources of conflict, stress, and violence that occur repeatedly over time within the family environment may require extensive periods of support services to sustain the positive effects achieved in short-term interventions.

It is premature to offer policy recommendations for most family violence interventions in the absence of a research base that consists of well-designed evaluations. However, the committee has identified two areas (home visitation and family preservation services) in which a rigorous set of studies offers important guidance to policy makers and service providers. In four other areas (reporting practices, batterer treatment programs, record keeping, and collaborative law enforcement approaches) the committee has drawn on its judgment and deliberations to encourage policy makers and service providers to take actions that are consistent with the state of the current research base.⁸

These six interventions were selected for particular attention because (1) they are the focus of current policy attention, service evaluation, and program design; (2) a sufficient length of time has elapsed since the introduction of the intervention to allow for appropriate experience with key program components and measurement of outcomes; (3) the intervention has been widely adopted or is under consideration by a large number of communities to warrant its careful analysis; and (4) the intervention has been described and characterized in the research literature (through program summaries or case studies).

REFERENCE:

1. Martin, Sandra; Amy Tsui; Kuhu Maitra; Ruth Marinshaw (1999). "Domestic Violence in Northern India". American Journal of Epidemiology. 150 (4): 417–26.

2. Ellsberg, Mary (2008). "Intimate Partner Violence and Women's Physical and Mental Health in the WHO Multi-country Study on Women's Health and Domestic Violence: An Observational Study". The Lancet. 371 (9619): 1165–1172.

3. "Women's Empowerment in India" (PDF). National Family and Health Survey.

4. Sexual violence and rape in India The Lancet, Vol 383, 8 March 2014, p. 865

5. Foundation, Thomson Reuters. "Factbox: Which are the world's 10 most dangerous countries for women?". www.reuters.com. Retrieved 4 April 2021.

6. National Crimes Record Bureau, Crime in India 2012 – Statistics Archived 20 June 2014 at the Wayback Machine Government of India (May 2013)

7. S. Harrendorf, M. Heiskanen, S. Malby, International Statistics on Crime and Justice United Nations Office on Drugs & Crime (2012)

8. Intimate Partner Violence, 1993–2010, Bureau of Justice Statistics, US Department of Justice, table on page 10.

9. Global Study on Homicide 2013, United Nations Office on Drugs and Crime, page 12,

10. Rosenthal, Elizabeth (6 October 2006). "Domestic violence plagues women worldwide, study says – SFGate". The San Francisco Chronicle.

11. India, Parliament in the Fifty-sixth Year of the Republic of India, Protection of Women from Domestic Violence Act, 2005. Act. No. 43 OF 2005.

12. "4,157 booked in 2,009 domestic violence cases in five years". 24 March 2015.

13. National Family Health Survey 3 – Domestic Violence pp. 494–495

14. National Family Health Survey 3 – Domestic Violence pp. 501

15. National Family Health Survey 3 – Domestic Violence pp. 500–501

Received on 15.11.2021 Modified on 05.12.2021

Int. J. Ad. Social Sciences. 2021; 9(4):167-172.