This article has been written by Ms Simran Priyadarshini, a 5th year BA LLB student of SOA National Institute of Law, SOA University, Bhubaneswar
ABSTRACT:
Unquestionably, Domestic Violence is a social problem, and numerous studies indicate that the majority of wives or mothers fall prey to this threat. But it has an impact on the entire family, particularly the kids. In addition to being the victims or witnesses of domestic abuse, children represent the bright future minds of emerging countries. Like with their mother, children who witness domestic violence are subject to feelings of rage, anxiety, dread, and depression. It also alters the mentality of the child. This paper’s main goals are to comprehend the gravity of the situation, the terrible effects that domestic abuse has on Indian children, the challenges at the local level, the role that the law plays in this context, and recommendations for solutions. The article aims to provide a thorough understanding of the effects of domestic abuse on children, especially in different parts of India, as well as the most common ways to address this problem. This work was finished using a philosophical method of analysis. The author of this article have read numerous books and articles on the subject and visited numerous websites.
INTRODUCTION
The pattern of several abuses employed by one to control the other might be summed up as domestic violence or abuse. The problem of domestic violence is far more complex than the name suggests. Although it’s commonly believed that women are the victims of abuse or domestic violence, one person’s domination over another affects the entire family.A child’s entire upbringing is impacted when they witness or, in certain situations, are the victim of domestic abuse. Under circumstances such as these, children are just as much victims as mothers are. The effects of domestic abuse and children witnessing it are still witnessed in India, which reflects both the mindset of the individual and the child’s likely future behavior. There are numerous other instances of youngsters seeing acts of violence that cause them to experience fear, anxiety, and despair as teenagers.
DOMESTIC VIOLENCE
As defined, domestic violence is, for the most part, defined as abuse that manifests a person’s authority over others. Poverty, substance abuse, single parenthood, divorce, placing a child in a shelter, or just one person controlling the home can all be contributing factors.
Domestic abuse is a massive global problem that persists today. Women are more often the victims of this kind of violence, while men do become victims occasionally. It is essentially gender-based aggression against human rights, with multifaceted effects on family members well-being. It is perceived as an example of how women are subjugated and controlled by patriarchal and hierarchical social structures. Across the world, at least one in three women have experienced some form of abuse, usually from a friend or spouse, who may have even physically assaulted or forced them into having sex. In India, more than 16 out of every 100,000 women reported having suffered domestic abuse at some point in 2018.
TYPES OF DOMESTIC VIOLENCE
Domestic abuse can take many different forms:
Physical Abuse:
Willful or severe harm, whether or not a weapon is used, is the most prevalent type of abuse in India. This expression is used, among other things, to demonstrate one’s dominating position or lack of dowry.
Sexual Abuse:
According to the Domestic Violence Act of 2005, sexual abuse is any type of abuse that degrades a woman’s self-respect. When someone is forced into sexual action or contact against their will, it is considered sexual abuse. Such abuse is carried out “to control the woman” and for the sake of reproduction.
Emotional Abuse:
Abuse of another person’s character for personal gain is considered emotional or psychological abuse. Most of it is abuse of gender inequity. Jokes, brainwashing, and manipulation are among ways that it might manifest itself. Abuse is any form that results in emotional detachment.
Neglect:
When someone is neglected, it means they are treated as though they don’t exist at all. One type of abuse that coexists with the previously listed categories is neglect.
Children are the silent category of domestic violence victims in all of these forms of violence, whether they are witnesses or victims themselves. Women, spouses, and mothers make up this group.
The Reasons for Domestic Abuse
It’s critical to comprehend the causes of domestic violence in order to appreciate the extent of its effects on children. The causes are as follows:
A patriarchal society:
The standards of society persist in the twenty-first century, perpetuating the patriarchal belief that women are inferior to males, should not be granted rights, and that the only way to silence their voices is via violence. As to the purported view, women lack autonomy and are subjected to numerous sorts of maltreatment if they do express an opinion.
Economic Instability:
Poverty persists in India, a developing country. It should be mentioned that the COVID-19 pandemic had a significant effect on the state of the economy as it related to an individual, and there were many incidents of divorce and domestic abuse. The number of domestic abuse complaints skyrocketed, with 1477 complaints (68 days) filed between March 25 and May 31, 2020—more than the total number of complaints filed between March and May in the ten years prior.
Lack of dowry:
One of the most well-known causes of domestic violence in India is a lack of dowry. Due of the case’s predominant grievousness, dower death has been a significant worry. Not only might the husband be the aggressor, but a husband’s relative may also mistreat the wife in order to obtain the dowry.
Substance Abuse:
Abuse of drugs and alcohol is another factor that is frequently identified as the root cause of domestic violence. Domestic abuse can occasionally affect children as well.
Psychological Disorder:
One of the causes of domestic violence may be an individual with a psychological disorder or an unsound mind who loses control over others.
Past Experience:
A child who witnessed domestic abuse as a child and grew up to emulate their father because they believed it was vital to portray women as inferior or to demonstrate masculinity. This type of conduct or mentality stems from his early experiences, where he believes, or is taught, that it is typical.
IMPACT ON KIDS
WHO IS THE CHILD?
A person who is under the age of eighteen is considered a child, according to Article 1 of the Convention on the Rights of Children.
Child Victimization by Domestic Abuse
As was previously noted, domestic abuse involves violence against both the mother and the children. It could cause psychological traumas like feelings of hopelessness and anxiety. Everything is altered by experience. One person creates fear in others by living in fear of the future. The protection of children from domestic abuse is a complicated topic. A child needs a safe, secure environment as well as an open mind in order to grow up properly. However, in these circumstances—even if the child witnesses domestic violence on a regular basis—developmental and behavioral issues arise, and the traumas they experience are carried into adulthood. They even engage in substance abuse, which will ruin that child’s future. Since children are the ones who are ignored in cases of domestic abuse, significant steps must be made to protect them.
LEGAL PROVISIONS:
There needs to be a legal protection for kids who are abused at home. This legislative provision will examine the safeguarding of children’s rights and their protection:
Constitution of India
It is commonly recognized that the constitution serves as the supreme law of the land and that all statutes and laws are governed by it. A number of laws are established to protect children, such as Article 21A, which guarantees children between the ages of six and fourteen free public schooling. Although Article 39(e) guarantees children’s rights, the state is ultimately responsible for ensuring that these rights are upheld as they are guiding principles of state policy. The right to early childhood care under article 45, the right to development in a safe and healthy environment under article 39(f), and the right to equal opportunity are additional directive principal rights. The majority of children’s rights are covered by the DPSP, and the state is responsible for enforcing this non-justiciable right.
Juvenile Justice Act, 2000
The child welfare committee was established under the act to handle cases involving children who are in legal conflict. The statute addresses children’s growth, care, safety, and rehabilitation. Furthermore, the act mandates the creation of shelter homes for children in need of assistance as well as observational houses for temporary reception, care, and protection.
Protection of Women from Domestic Violence Act, 2005
The statute forbids domestic abuse, which is a widespread practice in Indian homes. All women who are eligible for protection from domestic abuse are covered under the act. This act has neglected to provide for the safety of children. Despite the fact that women are the victims, children are also negatively impacted by domestic abuse.
Other sectors
The national commission for the protection of children’s rights was founded in 2007 and is established within the commission for protection of the Child Rights Act, 2005. The Ministry of Women and Child Development oversees the commission’s operations. The commission seeks to guarantee that all laws, regulations, and initiatives respect the rights of children. It implements child care and child rights ordinances at the district, state, and local levels.
COVID-19’S IMPACT
The issue significantly increased because the pandemic continued to exist. while The struggle and recovery from the epidemic were ongoing in society. Even domestic violence cases have increased significantly since the epidemic. For example, in India, the overall number of complaints from women increased from 116 in the first week of March to 257 in the last week of the month. Comparably, from 35 cases to 77 cases, complaints about the “right to live with dignity” began to increase. These examples may involve discrimination on the basis of caste, class, or gender, or on the basis of all three together. It will be challenging to identify the circumstances in which the children have suffered if such is the case for women. It has been said that the defenseless, non-verbal children have endured far more than anyone else.
When a young child witnesses their father mistreating their mother, in particular, it can cause lifelong mental trauma. In many instances, the children are also victims of this kind of violence.
CONCLUSION
Numerous kids who witness domestic violence also end up as victims of domestic abuse. For an extended duration, children who witness or experience domestic abuse are more vulnerable to severe and life-threatening risks. When parents use violence in their home, it ruins the future for their children. Children may have trouble falling asleep, which can develop into insomnia in their teenage years. Adolescent children are currently the most prevalent age group to suffer from insomnia. They hide to avoid becoming witnesses to this tragedy, displaying expressions of horror and fear. They could experience guilt since they believe they are to blame for this. They become shy to divulge any of these things and are content to be left alone. Substances may be used by them later on as a calming agent. That is the result of a child experiencing neglect from an early age. A youngster can grow past this experience. Nonetheless, the child’s recovery will require a great deal of work. Rehab facilities that take a victim-centric approach ought to exist so that they can assist a youngster in finding comfort and settling down so they may heal. It is imperative that the workers receive training on how to treat these kids in a way that makes them feel comfortable. Teachers who are on the front lines of education need to support children by raising awareness, providing comfort, and ultimately transferring the child to non-governmental organizations that fight for their rights. A commission that can defend these children’s rights and refer them to foster care after a thorough review of their parents to guarantee their safety and eventual adoption must be established in order to create a functional and sufficient social care system.
Numerous children are impacted by domestic abuse. A youngster who experiences domestic abuse loses a lot during their entire upbringing. That child’s life would never be the same. Therefore, it’s critical to recognize the severity of such an impact on a youngster and to take appropriate action to guarantee their safety.
REFERENCES
- The Constitution of India, 1950.
- The Juvenile Justice (Care and Protection of Children) Act, 2000, Act No. 56, Act of Parliament 2000(India).
- Protection of Women from Domestic Violence Act, 2005, Act No. 43, Act of Parliament, 2005 (India).
- Commissions for Protection of Child Rights Act, 2005, Act No. 04, Act of Parliament, 2006 (India).
- https://ncpcr.gov.in/
- https://www.thehindu.com/
- https://www.womenshealth.gov/