January 4, 2024

Domestic violence during pregnancy

This article is written by Ganeev Singh Sahni, studying BA.LLB. 3rd year (5th semester) at Lloyd Law College Greater Noida.

Introduction:

Domestic Violence, has become a common threat in India these days. Today, thousands of mothers, wives, sisters and daughters who were historically treated as goddesses in our society are a source for domestic violence . They are often exploited on the basis of money , fertility issues and other psychological issues. They are just treated as a product of objectification  and are often beaten up, harrassed or even killed  in certain circumstances. The definition and explanation is vastly provided under the Domestic Violence Act 2005.

 

Domestic Violence Act:

The following act was introduced in the year 2005 with the main objective to govern the safety and security of women. As mentioned above, woman in the historical period were treated as goddesses. They were given high respect and dignity. They were even allowed to practice certain religious practices such as Swayamwar, Under which they could choose their choice of  man they wanted to marry. Also, Polygamy was allowed. But, the scenario of the woman in the current society is different. So, To improve the status and dignity of women Such that they can reach high this act was enacted.

This act defines domestic violence as the follows:

Any act, for the Commission,   omission or conduct of the responded shall constitute to domestic violence in case it:

(a) Harms, injures, endangeres the healthy or the well being whether mental or physical of the aggrieved person which includes physical sexual verbal emotional and economic abuse. 

(b) Harasses, harms or injures the aggrieved person with the view to coerce her or any other person related to her to meet any lawful demand for any dowry, other property or valuable security.

(c) Effects the aggrieved person by threatening him or any other person related to him by any means as mentioned under clause (a) and (b).

(d) Injures or causes either physical or mental harm to the aggrieved person. 

 

Under the following definition, as given under the Domestic violence Act 2005, Physical abuse only denotes bodily harm. Whereas, sexual abuse denotes any abuse that is sexual in nature for any conduct that decreases the dignity of women.  The following definition also considers verbal or emotional abuse which denotes humiliation, name calling with special regard of not having a child specially a male child and physical pain to any person in whom the aggrieved person is affected. The definition also consider various economic abuses which denotes deprivation in economic and financial forces to which the aggrieved person is interested or entitled under law and also denotes various customs and disposal of household effects. 

 

Objectives Of The Act:

The following act includes all women and also safeguards the rights of each and every woman present in the country.  But there is also an exception under this under which no female relative, husband, male relative can file any complaint against the wife or a female partner. For example, mother in law cannot file any complaint for any daughter in law, but can only file a complaint for her daughter in law.

 

Domestic Violence During Pregnancy: 

Pregnancy is the most important stage in the life of every woman. Under this period she gives birth to a beloved child who will take the name of her matrimonial house to great heights. In a country like India where children are treated equivalent to God, it is the good luck of every woman to deliver a child. According to a report published by UNICEF, around 25 million children are born in India which constitutes nearly 1/5th of the worlds annual child birth.  And speaking about pregnancy, according to a report by the guttmacher institute which releases sexual and reproductive profiles of more than 130 countries, as of the years between 2015-2019,  India had a total pregnancy rate of 48,500,000 annually. Out of these, 21,500,000 were unintended and 16,600,000 ended up to abortion.  

 

Due to high birth rate and less death rate the population of India is increasing becoming the second most populated country after China. Due to this we are not to far to experience population explosion under which our population won’t be controlled by any authority in the world. This is just because of the stigma, that children are treated as gods in our country.  

 

But, the problem arises when the mother giving birth to such a soul is tortured for domestic violence during her pregnancy. It is the most common problem than any other health problem caused during domestic violence which threatens both the mother and the baby. This has increase coercive behaviour towards the women resulting in physical, sexual and psychological attacks resulting in an increase in economic coercion of adults used against their partners. 

 

It includes the following things but these are not limited with respect to domestic violence:

  • Hit, Hurt Or Push the women.
  • Threatening or making the woman feel afraid by her partner.
  • Forcing the woman to have sex or do something she doesn’t want to do.
  • She is kept away from family or friends and is being control over her own money.

 

Other than this, there are also certain effects for domestic violence during pregnancy. Some of them are enlisted as follows:

  •  Injury To The Uterus Of The Women: The uterus is the main reproductive organ of the women. Domestic violence during pregnancy can cause severe injury to the uterus which would lead to the abortion of the child or the child may be born with various difficulties.
  • Miscarriage, Stillbirth Or Premature Body: Domestic violence during pregnancy can amount to miscarriage in the female’s body, still birth of the child and also a premature baby.
  • Vaginal Infection From Forced Or Unprotected Sex With Some One Having Infection: Domestic violence during pregnancy can also cause vaginal infection from post or unprotected sex with someone having infection.
  •  Increase In Trimester Bleeding: Domestic violence during pregnancy can also increase trimester bleeding in the female body which will affect the growth and development of the child or also abortion of the child. 

Other than these effects, domestic violence during pregnancy will also increase in the following other factors which include:

  •  Weighing To Little At Birth: Domestic violence during pregnancy will result in a man nutritious baby. Under this the baby will weigh two little at birth when compared to the average size of a babies weight.
  • Having Trouble Nursing: Due to domestic violence during pregnancy the female will have trouble in nursing the baby. The female cannot give proper nutrition to the baby in such a scenario resulting in weakness of the baby.
  • Sleeping Problems: Due to domestic violence during pregnancy, the female may have sleeping problems  with respect to the psychological harm caused to her. 
  • Being Hard To Comfort With Others: Due to domestic violence during pregnancy the baby will find himself hard to comfort with other babies due to the psychological farm faced upon his mother and himself during domestic violence.
  • Having Problems In Learning To Walk, Talk And Learn Normally: Due to domestic violence during pregnancy the baby will have various problems in learning to walk, talk and learn normally as other babies do. 
  • Increase In Emotional Trauma: Domestic violence during pregnancy will lead to emotional trauma and psychological harm with respect to the baby.

 

On the other hand, under healthy  pregnancy, The baby will be free from violence and fear. Anyone facing domestic violence should contact health care providers. There are, variety of communication resources available that will help you develop a safety plans for you and your baby. The community resources are enlisted as follows: 

 

  • Living In A Non Violent Community (LINC) At UCSF: Under this, LINC managers mental health service for children at birth up to 18 years of age including communication, education and training. 
  • Safe Start Support Line: Under This government provides 24/7 support and case management for parents of children under 6 years of age. 
  • W.O.M.A.N: Under this the government provides 24/7 counselling services, shelter, availability and referrals for legal assistance.
  • La Casa De Las Madres: Under this the government of Spain  provides 24/7 counselling and shelter resources for women affected by domestic violence during pregnancy. Under this, Spanish speakers are also available.
  • Asian Women Shelter: The Asian woman shelter includes counselling, advocacy and shelter resources for the Asian community.
  •  Teen Dating Violence Hotline: Under the team dating violence hotline, 24/7 counselling and referrals are provided for teens.
  •  Victim Services: Under victim services advocate service is provided under the criminal justice system through St Francisco district attorneys office.
  • National Domestic Violence Hotline: Under the national domestic violence hotline 247 toll free information and referrals are provided to women from any part of the US.

 

Personal Statement And Conclusion:

At the conclusion I would like to state with due reference of the following points, domestic violence during pregnancy is increasing relatively. This not only harms the physical aspect but also the social and psychological process of the women including an affect of growth upon the child. I would also like to put forward a question arising in my mind that if children are treated as god’s in the society then why shall their mother’s be treated as a burden? In Hindu mythology, we worship lord Krishna as well as Maa Yashoda who has given birth to such a beloved son. Then why it’s not the same case in the present scenario. Everyday, lakhs of women are a prey for domestic violence. We don’t even think twice that if we are doing so, we are beating away our goddesses. 

 

Proper awareness campaigns should be brought about by the government to generate awareness regarding domestic violence in various fields. In addition to this proper commissions must also be set up to safeguard the rights of women. I had observed similar thing as a part of my Offline Government internship at Delhi Commission Of Women under which thousands of women were a prey to domestic violence in various parts of Delhi. We must also initiate proper helpline numbers for the safeguarding of rights of various women. In addition to this should also inculcate proper police stations with more female officers such that women can express their problems freely. The person liable for domestic violence should be punished upon first conviction such that he doesn’t do any such act in furtherance. At the ending I would like to end by saying, Each and every woman is an asset to the society. So it’s better if we treat them the same.

 

References:

https://www.ucsfhealth.org

https://www.ncbi.nlm.nih.gov

https://vawnet.org

https://www.pregnancybirthbaby.org

https://nationalpartnership.org

https://reproductive-health-journal.biomedcentral.com

https://www.bath.ac.uk

https://www.uua.org

https://www.womensaid.org

 

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