Greetings, legal enthusiasts and eager readers! Welcome back to our legal discourse, where we meticulously unravel the complexities of Indian law. Today, we embark on a journey to explore the nature of domestic violence. So, arm yourselves with your legal pads as we delve into this critical aspect of our legal landscape!
INTRODUCTION:
Domestic violence is defined as a recurring pattern of abusive behaviors employed by one partner to assert or perpetuate power and control over another within an intimate relationship. This distressing phenomenon transcends boundaries of gender, sexual orientation, race, and socioeconomic status, affecting spouses or partners indiscriminately. Manifestations of domestic violence encompass physical aggression (such as striking, punching, or kicking), emotional manipulation (including intimidation, coercion, or psychological pressure), sexual coercion or assault, financial control, and psychological torment (such as gaslighting or degradation). Its ramifications are severe, extending beyond individuals to impact families and communities profoundly.
QUASI-CRIMINAL:
Under Section 125 of the Criminal Procedure Code (Crpc), it is often contended that proceedings initiated under the Domestic Violence Act assume a quasi-criminal character. However, a nuanced examination reveals that such proceedings do not inherently possess a criminal nature. Rather, the framework established by the Domestic Violence Act delineates a distinct legal paradigm that operates outside the conventional realm of criminal law.
QUASI CIVIL:
Economic abuse is categorized as a form of ‘domestic violence’ according to section 3 of the Act. The procedure outlined in the Code is essentially quasi-civil in nature. However, any subsequent prosecution envisaged under section 32 of the Act for instances of domestic violence in the given circumstances must be conducted appropriately.
The nature of domestic violence (DV)
Domestic violence is a multifaceted issue encompassing various abusive behaviors within intimate relationships. It includes physical, emotional, sexual, economic, and psychological abuse.
Physical Abuse: This comprises acts such as hitting, punching, kicking, slapping, or any form of physical harm inflicted upon the victim.
Emotional Abuse: It involves behaviors aimed at undermining the victim’s self-worth, causing fear, intimidation, or mental anguish. Examples include verbal threats, constant criticism, manipulation, and isolation from friends and family.
Sexual Abuse: This entails coercing or forcing the victim to engage in sexual activities against their will, including sexual assault, forced unnatural sex, or any form of unwanted sexual contact.
Economic Abuse: It involves controlling the victim’s financial resources, restricting access to money, employment, or basic necessities, and preventing them from achieving financial independence.
Psychological Abuse: This includes tactics such as gaslighting, where the abuser manipulates the victim into doubting their own perceptions, memory, or sanity. Other forms may include threats of harm to themselves, the victim, or loved ones.
Effect of domestic violence on children:
Many children exposed to violence in the home are also victims of physical abuse. Children who witness domestic violence or are victims of abuse themselves face serious risks for long-term physical and mental health problems. Additionally, those who witness violence between parents may be at a heightened risk of perpetuating violence in their future relationships. For parents experiencing abuse, it can be challenging to discern how best to safeguard their children.
- Anxiety
- Depression
- Aggression
- Sleeplessness
- Difficulty concentrating
- Nightmares
- Separation anxiety
- Bedwetting and nightmares
- Bullying
- Health issues
- School failure
- Anger
- Inconsolable crying
- Intense worry about their safety
- Developmental regression
- Repeating abusive patterns
The medical review by:
- Kathleen C. Basile, Ph.D., Lead Behavioral Scientist, Division of Violence Prevention, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention (CDC)
- Kathryn Jones, M.S.W., Public Health Advisor, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention (CDC)
- Rape, Abuse & Incest National Network (RAINN) Staff.
JUDGMENTS:
- Saraswathy vs Babu on 25 November, 2013
Section 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as, “the PWD Act, 2005”). The learned … aside the order prohibiting the respondent-husband from committing acts of domestic violence as against the appellant-wife by not allowing her to live.
Supreme Court of India.
- Indra Sarma vs V.K.V.Sarma on 26 November, 2013
falling within the definition of “domestic relationship” under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 (for short … been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.”
Conclusion:
In conclusion, domestic violence is a complex issue with profound impacts on individuals and communities. Defined by patterns of abusive behaviors aimed at exerting power and control within intimate relationships, it spans physical, emotional, sexual, economic, and psychological abuse. Legal frameworks like the Protection of Women from Domestic Violence Act, 2005, offer avenues for recourse, as evidenced by recent Supreme Court judgments. However, addressing domestic violence requires a multifaceted approach encompassing legal, social, and educational interventions to promote prevention, awareness, and support for victims. Only through collective efforts can we strive for a future free from the scourge of domestic violence, where all individuals can live with dignity and safety.
