DOMESTIC VIOLENCE : SEEN,

HEARD, FELT, HIDDEN

 Domestic Violence and law

According to the General survey conducted, even in today’s time there still exist certain sects
of people who think that Domestic Violence and Harassment is justified, most of the people
who were victims of such acts were either unaware of the laws made to protect them or were
denied justice. The Government has made many laws to prevent such heinous acts of
Violence and Abuse such as:
1. The Protection of Women from Domestic violence Act, 2005.
2. The Dowry Prohibition Act, 1961.
3. Section 498A of the Indian Penal Code.

Apart from these acts our Constitution itself protects women in various provisions like Art
15(4) and Art 16. Where in protection is offered to the weaker section of our society which
includes women.
The victims are unable to utilize the benefits of such laws as they are either unable
to claim justice due to the misuse of such laws by common people for their personal gains or
are too afraid to report their plight. Though there are many such cases of Violence and
Harassment, the causes are not one but many:
1. Sociological/Behavioural Factors
2. Historical Factors
3. Religious Factor
4. Cultural Factors
5. Dowry

1. Sociological/Behavioural FactorS:

Heinous crimes such as Domestic Violence are result of Dominance, Patriarchy, Poor
Judgement, Belief in the concept of the 'fairer' sex and several other indignant beliefs. It's
very difficult to reshape psychological credence’s as they have a strong hold on a person's
behaviour. Sometimes people also tend to believe that this can manipulate their partners into
doing something and this is also used as a method for intimidation
Sociological theories of intimate partner violence seek to explain violent behaviour as a
function of social structures rather than individual pathology. This analysis also confers some
centralising theories that seek to bridge the contradictory views of the traditional
perspectives in relation to gender.

2. hiStorical FactorS:

Indian society, to provide an overview, is largely a traditional society which still holds on to
the vestiges of the past in terms of age-old beliefs and customs. There are many historical
factors which are the reasons for domestic violence one of them is the male dominating ego,
when gender roles are socially constructed. Gender roles shapes how people think and
behave. Men are assuming to be more active beings who do important things and such a
conservative belief still prevails in the Indian society. Another important factor is the low
literacy rate in India. Even today many Indian households are headed by the old and aged
ones. They still believe in those traditional and conscionable beliefs and norms which they
pass on to the newer generations. Girls are taught to be good at house hold management and
be humble and gentle whereas boys are expected to be brave and tough and are expected to
do exhaustive and waged work this creates a wall of difference between boys and girls which
becomes broader when they become men and women, this belief sometimes makes women
to think of themselves as inferior and weak. Age gap in some Indian house hold also counts as
another factor. In Indian society, girls are generally married at an early age, specially the poor
and illiterate once. This creates an age gap, which creates wider gap in their thought process.
All these factors contribute to the anger in the relationship which is expressed as domestic
violence.

According to Britannica Encyclopaedia, most legal systems implicitly have accepted wife-
beating as a husband's right over his wife. Historically, children had few protections from
violence by their parents. People have lived with the ideology that it is normal for the well-
being of the family as well as of the society. According to the society male dominance in the
caring of the household is considered vital and women are given less priority. In our country,
the dowry system is being reduced and brought to an end due to violence involved. In history,
there have been many loopholes regarding action being taken against this issue. The
Jurisdiction has overseen this issue like sexual abuse has not been recognised within the
system. As the victim and the accused are married, they don't consider it. They keep avoiding
such scenarios over and over again.

3. religiouS Factor:

Religion is a personal and institutional reality in the lives of the majority of the population in
India, so it is no surprise that religious teachings and affiliation provide a significant context
for many women as they address experiences of victimization. Through Texts, Traditions,
Teachings, Doctrine, Religious Communities and Institutions convey values and belief systems
to their members. In addition, members often have direct support or counselling relationships
with Religious leaders who may provide Guidance or Instruction. Religious Texts and
Teachings can serve as resources to assist those who have experienced abuse in finding safety
and in the process healing. Yet, religion also can be misused to excuse or condone abusive
behaviour.
In the context of Violence against Women, Religious Teachings and Communities will play a
role; they will never be neutral. This topic covers some of the basic issues and questions that
confront Religiously identified Women who have experienced Abuse. The reality is that
regardless of the particular Religious Affiliation, alongside the trauma of Violence, a majority
of Women will be dealing with some aspect of Religious beliefs and Teachings which will serve
either as a Resource or a Roadblock. Some infamous myths regarding Women are proliferated
in our society on account of religion. This leads to women being mistreated. Though no
religion preaches that Women are inferior to men but people's fictitious assumptions
influence the greater part of the society into believing this. Many people even consider
Women as a burden on the pretext of religion. Gender inequality is a part of another
prominent problem that is gender injustice.
 4. cultural FactorS:

Cultural and Social norms are highly influential in shaping an Individual’s Behaviour, including
the use of Violence. Social tolerance or 'Violent' Behaviour is likely to be learned in Childhood,
through the use of Corporal Punishment or witnessing Violence in the family, in the media or
other surroundings. In this way, indirectly there is an impact of Violence on Children which
acts like a seed for Violence in the minds of future generations. Cultural Factors leading to
Domestic Violence include the desire for a Male Child, Dowry, Polygamy, Male Mobility,
Forced Marriage, the Notion of Household Head. In the obsession of the desire for Male Child
resulting due to lack of awareness and inherent male superiority leads to perpetration of
domestic Violence against Women. The Traditional mind set of the people doesn't accept that
females can be household heads and the decisions taken by them and this indirectly or
directly causes domestic violence.
Nowadays, people are attracted towards the western culture and they are neglecting the
Indian culture in which women have great respect and this may be a cause for Domestic
Violence. There are several cultural factors which either directly or indirectly induces
Domestic Violence. Culture in some way influence the perception of people towards Domestic
Violence. People coming from different backgrounds understand this concept differently. In
certain cultural societies, the Violence against Women is often justified as an act to make
them obedient to their husband. In many societies, it is the general perception of people that
Domestic Violence is induced due to provocative behaviour of Women.

5. Dowry:

As far as Indian society is concerned, Dowry is one of the major causes leading to Domestic
Violence. It is treated and is practiced as a marital tradition in many parts of India. Dowry,
generally is given to the groom's family before or during the marriage by the bride's family in
exchange of marrying her (the bride). Dowry system although is illegal, it is deeply rooted in
India. It is often given by the bride's family, with an idea of thinking that "Greater the Dowry
given, better the status/respect earned." Dowry is treated as a symbol of Social status and is
given to the Groom's family ensuring a better life for the Bride so that she can survive well.
However, dissatisfaction among the Groom's family on the amount of dowry received leads to
Domestic Violence. And also, Dowry is not a one-time process. It keeps continuing even after
the marriage as well. Out of Greed, the Bride is often demanded huge amounts of money
even after marriage by her husband or in-laws. Violence comes into play, once the Bride's
family is unable or unwilling to fulfil their demands. Harassment for Dowry includes Domestic
Violence, Sexual violence, Acid attacks, Burning (with kerosene), Starvation, Imprisonment,
Eviction etc.

Dowry-related violence is a serious problem that affects the lives of Women and Girls. Dowry
includes Gifts, Money, Goods, or Property given from the Bride’s family to the Groom or In-
laws. The rate that a family pays in Dowry can carry significant symbolic weight. However,
while providing a large Dowry may act as a status symbol, it primarily serves to commodify
women, equating their worth as a human being to the value of the Dowry. The value of the
Dowry is often linked not only to the family’s social status, but also to a Woman’s physical
looks and education. Effectively, Dowry dehumanizes Women by treating them as chattel.
Dowry-related violence often arises when the Groom or his family seeks continued payments
or more goods and the Bride’s family is unable or unwilling to pay and this may result in abuse
of the Bride. In extreme cases “Dowry deaths” or the murder of the Bride by her husband and
his family take place.

Solutions: -

Educating the female child:

Education makes an individual self-dependent. Female child should be educated well so
that she can build confidence and self-esteem for herself and be able to earn a living.
Strict implementation of laws:
Our Indian Government lacks strict enforcement of laws. Many laws such as dowry
prohibition act is already in force but is not being strictly implemented. The existing laws
should be brought into strict force. Giving and taking Dowry both should be considered
illegal and any individual practicing it should be punished.
Social awareness activities:
Good conduct and Character of Individuals can bring a lot of change. Youth should be
appealed to. Youth must be given moral value education. Propaganda, Publicity against
Dowry should take place so as to motivate people. Various Anti-Dowry practices should be
launched.
Minds of individuals should be broadened. One's perspective or outlook must be changed
so as to eradicate Dowry system.
The task for both religious and secular leadership is twofold:
1) to recognize that Religious beliefs, Texts, and Teachings can serve both as roadblocks and
as resources for victims of Violence and
2) to deepen our examination of Religious Texts and Teachings and explore new
interpretations so that we minimize the roadblocks and maximize the resources for women.
No woman should ever be forced to choose between safety and her Religious Community or
Tradition. She should be able to access the resources of both Community-based Advocacy and
shelter and faith-based support and counsel.
To adequately respond to the needs of battered women and rape victims, it is imperative that
Clergy learn about Violence against Women and reach out to Secular Advocates and Services.
Likewise, it is imperative that Secular Advocates and Counsellors appreciate the importance of
Women's religious backgrounds and reach out to Clergy and Religious groups to find
resources to meet the needs of victims. Religious leaders also can utilize their positions as
Community leaders to help shape the discussion of issues concerning Violence against
Women. Religious leaders should start clearing air by endorsing Gender Equality. This might at
least lead to reconsideration from people. Further Misogynistic Religious Ideology should not
be propagated at any cost. Even Women should stop believing that they are inferior in any
Religious context. This can be achieved by spreading unbiased religious interpretation. Also,
religion plays a significant role in influencing people so, there should be sympathy offered to
the victims by several Religious Institutions and also propagation of Domestic Violence being a
formidable crime.
 This is an unfortunate viewing of Domestic Violence and its aftermath. We have to first
eradicate such thinking from the minds of people and that too of the society. Equality in all
aspects must be maintained throughout the system. Jurisdiction should validate such
extreme cases and take into account the facts irrespective of marital status of the couple.
However there exists several laws to check Domestic Violence. There is Indian Women’s
Commission to help the victims of Domestic Violence. But these are just short-term
solutions. Domestic violence is all about our perception we cannot evade Domestic
Violence until we change the perception of society towards it.
The Social Consensus on the issue is clear:
Voluntary giving is fine, but extortion through subtle or blatant coercive means is wrong
and ought to be severely punished. In such a situation, it makes far more sense to have
those sections of the Indian Penal Code that deal with extortion and blackmail enforced
with Vigour in cases where a woman is being tortured with a view to blackmailing her
parents to gift more money or goodies to the groom’s family rather than have a law
against giving dowry which no one obeys.
Distortion of Tradition of Dowry:
Filling up the flaws in Dowry laws. Although laws make Dowries illegal, they still allow
gifting which makes dowry take the form of gifts. The laws should more clearly lay down
the scope and dimensions of gifting in marriages.

Major iSSueS to Be SorteD out BeFore iMpleMenting the

aBove SolutionS
One of the main issues causing the victims not to seek justice is their fear towards the abuser.
The abuser uses this fear as a weapon to control and exploit women which in turn makes the
victim feel powerless and weak, if such heinous acts are to be stopped women must realise
that they are inferior to no one and must show courage to report against the abuser. As the
responsible citizens of the country, it is upon us to bring courage and faith among women to
fight against injustice so that such events do not occur in the future.

“We can achieve the above remedies by identifying those who use such
laws for their personal gain by filling fake cases and stop them so that
people gain faith for the law that protects them.”
-Z045 N Vibhavan

“Domestic violence leads to mental breakdown of the victims, so I believe

sufferers should be provided with psychological treatment as well as
financial support for their economic and mental well-being”
-Z042 Siddhi Chobe

“Thoughts justifying Domestic Violence and male supremacy should not

be prevailed or encouraged. I think that every individual should be made
known that Domestic Violence is not only Illegal but is also Unethical.”
-Z044 Chandra Renu
“Nowadays youth are infatuated to Western culture. It is good but they
should not neglect the Indian culture and the moral values taught to
them since childhood which imply that we should respect women and
others.”
-Z041 Atyam Santhoshkumar

“We need to change our mentality. We need to educate our younger

generations. We should try and create awareness about domestic
violence and its consequences amongst people. Religious leaders should
be encouraged to contribute.”
-Z046 Aryan Kumar
“To remove roots of domestic violence from the society, we need to
educate the future of the society. So, that they can generate the logic
what is wrong or right”
-Z048 Bhavesh Raut

“To completely end this curse importance of strictness of laws is less than
the importance to make it socially accepted which is possible by change
in mindset.”
-Z049 Shubham Garg

“This is an unfortunate viewing of Domestic Violence and its aftermath.

We have to first eradicate such thinking from the minds of people and
that two of the society. Equality in all aspects must be maintained
throughout the system. Jurisdiction should validate such extreme cases
and take into account the facts irrespective of marital status of the
couple.”
-Z047 Raphael Valerian Minz

“Everyone needs to understand that tradition is not always correct

because ethics were based on values of that times. So, they should be
followed with self-consciousness”
-Z050 Shaikh Faizan

“Domestic Violence is not just about beating or abusing women but it is

about objectifying them men in general must stop doing so which can be
achieved by inculcating moral values sensitivity and respect towards
women from an early age.”
-Z043 Tanishq Nikose
 Bibliography

1. Image of cover page:

https://www.oneplacefjc.org/Domestic-Violence-Law-
Alabama
2. https://www.thenewsminute.com/article/watch-these-
are-laws-india-against-domestic-violence-97543
3. https://www.myadvo.in/blog/domestic-violence-
against-women/
4. https://vawnet.org/material/violence-against-women-
and-role-religion