This article has been written by Mr. Vikash Kumar a second year of Lloyd law college, Gr. Noida
ABSTRACT
Worldwide, domestic violence against women continues to be a major social issue. The development, effectiveness, and difficulties of legislation intended to protect women from domestic abuse are examined in this article. It explores historical backgrounds, the efficacy of the legal system, and how these laws affect women. Moreover, it highlights issues, criticisms, and suggested enhancements, offering a comprehensive perspective on the topic.
INTRODUCTION
Domestic violence against women continues to be a significant social issue that cuts across national, ethnic, and socioeconomic divides. The development of legislative solutions to this problem is indicative of a shift in public awareness of women’s rights and protection.
India’s society has long been ingrained with a patriarchal structure, which has historically encouraged an atmosphere that is conducive to the exploitation and abuse of women. Whatever their social status—age, religion, caste, or class—women from a variety of backgrounds are still plagued by the evil of domestic abuse. This pernicious act not only does great harm to the victims and their offspring, but it also raises wider concerns about the fabric of society as a whole.
Power imbalances and strongly embedded gender stereotypes are at the heart of this epidemic. Although it is still difficult to fully understand the complex reasons why domestic violence is committed, certain of the causes can be linked to the tightly established gender roles and the power dynamics that go along with them. Since its inception, violence has expanded beyond its physical manifestation to include financial, mental, emotional, and other types of abuse.
In the Indian legal system, “domestic violence” refers to actions that endanger the victim’s general well-being, including their mental and physical health, safety, life, or limb. It includes all forms of abuse, including verbal, physical, sexual, emotional, and financial ones, done by anyone who is currently or was once involved in a domestic relationship with the victim.
Prior to the enactment of the Protection of Women from Domestic Violence Act, 2005 (DV Act), victims frequently relied on Section 498-A of the Penal Code, 1860 to pursue legal action. This provision dealt only with abuse that married women suffered at the hands of their husbands or family members; other cases of domestic violence, regardless of the gender of the victim, fell under the purview of the Indian Penal Code offences.
HISTORICAL EVOLUTION OF DOMESTIC VIOLENCE
The development of domestic violence laws throughout history is indicative of a significant shift in society’s awareness and response to this widespread problem. In ancient societies, women were not granted legal rights or protection from marital abuse, and domestic violence was generally written off as an issue within the home. Women who were frequently treated like property suffered abuse with no way out.
Reform movements in the 19th and 20th centuries brought about some legal measures to address domestic abuse, but these were not well enforced. With the passage of specific laws like the 1994 Violence Against Women Act in the US, there was a major change in the later part of the 20th century that marked a turning point in the recognition and treatment of domestic abuse.
By characterising domestic violence as a violation of human rights and a public health concern rather than a private matter, this legislative progression signalled a social awakening. Entire legal systems arose that included protective orders, social services, and criminal penalties for offenders.
Historical settings, however, demonstrate a troubling acceptance of domestic abuse. In the past, Roman law supported a husband’s authority over his wife, allowing for beatings, divorces, and even murder in response to alleged transgressions. Parallel to this, English common law permitted a man to abuse his spouse, as seen by the expression “rule of thumb.”
Legal progress in India was not without difficulty. Section 498A of the 1983 Criminal Law (Amendment) made cruelty to wives a crime. Section 304B dealt with dowry deaths after that. However, these rules only addressed married women and particular types of abuse, leaving out protection for children, widows, and single women.
These laws’ inadequacies became apparent when they were found to be inadequate in covering the range of violent acts that women experience outside of abusive marriages. The range of protection these laws provided was limited by issues like economic abuse and sexual violence that went unchecked.
EFFICACY OF CURRENT LEGAL FRAMEWORK
Although there has been significant progress in the legislative landscape today to address domestic abuse, there are still implementation limits and inherent difficulties. The adoption of comprehensive laws is a positive step, but their actual implementation is what really counts.
Information from other jurisdictions reveals both the good and the bad. Reports of cases and successful prosecutions are increasing, which suggests that survivors are becoming more inclined to pursue legal action. However, because of several obstacles, a sizable portion of instances are unreported or unresolved. Protection orders and other legal interventions have provided victims with assistance. However, structural shortcomings such as excessive bureaucracy and inadequate funding distribution make the framework less effective.
Fear, shame, or a lack of confidence in the justice system are the main causes of underreporting, which is still a major problem. This distorts statistical depictions and hides the actual incidence of domestic abuse. The judicial institutions’ discriminatory policies and cultural insensitivity present marginalised communities with additional obstacles. Their varied requirements are frequently not sufficiently addressed by the laws in place.
The legal framework’s effectiveness depends on its usability, application, and attentiveness to the diverse requirements of survivors. When developing methods to strengthen the legal framework for improved protection of women who are victims of domestic abuse, it is imperative to acknowledge these limits.
States are required by international legal frameworks like CEDAW and regional treaties to end discrimination against women and shield them from all types of abuse. Nonetheless, there are still issues with converting these international norms into national laws that work in Commonwealth nations.
Contextual factors influence how effective laws are in defending women against gender-based violence in different jurisdictions. Even though there has been progress, there is still much work to be done to guarantee that all women who are victims of domestic abuse have complete and effective legal safeguards.
CHALLENGES AND CRITICISMS
Victims of domestic violence have unique problems when living in rural locations. Geographic isolation makes it extremely difficult for victims to receive essential services and forces them to travel great distances in search of assistance. The vulnerability of victims is exacerbated by this isolation, which transcends physical boundaries and results in social isolation as well as restricted access to emergency assistance. Furthermore, victims’ capacity to get assistance and leave abusive relationships is hampered by the lack of resources in rural areas, such as shelters and specialised services. The problem is made worse by rural cultural norms that value seclusion, patriarchal control, and the stigma associated with asking for assistance. Because rural communities are close-knit, anonymity is limited, which discourages victims from seeking help out of concern that community service providers may recognise them.
Since they are often used and accepted in the culture, firearms also present a substantial risk factor for domestic violence episodes in rural areas and add to the lethality of abusive circumstances. This increases the likelihood that domestic abuse cases in rural areas may result in fatalities, necessitating the use of specialised risk assessment and safety planning techniques to reduce this deadly danger.
The human rights framework presents a comprehensive strategy for tackling domestic abuse and violence against women on a global scale, but its practical implementation is hindered by the different political, historical, and cultural contexts of different societies. Local and regional elements have a huge impact on how people perceive violence, rights, and families. These aspects include cultural views, religious laws, and power relations. Given the intricacies present in diverse cultural, political, and social contexts, this variety calls for a critical analysis of how human rights concepts are universally applied in particular societies.
RECOMMENDATIONS FOR IMPROVEMENT
Although laws against domestic abuse that protect women have come a long way, there are still a number of issues that need to be addressed and improved in order to provide better protection and assistance. Less than 10% of victims of domestic abuse contact the police for assistance, according to the World Health Organisation, underscoring the urgent need for improved policies and procedures.
Strengthening of the Law: In order to fill in the holes in the current legislation, legal reforms are essential. It is essential to broaden the categories of abuse to include new forms such as coercive control, economic coercion, and technological abuse. To guarantee consistent and strong protections for survivors, legal rules need to be made more uniform and clear across jurisdictions. Laws should expressly address the range of abusive behaviours and provide complete coverage for the different types of violence that women face.
Empowerment Through Enforcement: To make enforcement mechanisms stronger, law enforcement agencies and judges must receive specialised training. Training courses ought to emphasise trauma-informed practices, cultural sensitivity, and the complexity of domestic abuse cases. Ensuring that a variety of survivor needs are met effectively is essential to creating a supportive atmosphere for reporting and pursuing legal action. Survivors’ trust might be strengthened by using tactful and knowledgeable legal responses.
Allocating Resources for Support Services: Improving Survivors’ Support Systems is a Crucial Aspect. This calls for more money and resources to be allocated to programmes that promote economic empowerment, counselling services, shelters, and legal aid. In order to enable women to escape abusive relationships, access to these programmes is essential. Sufficient financing and resources have a major
Community Involvement and Awareness: Promoting a zero-tolerance culture for domestic abuse and confronting social attitudes are made possible by community engagement programmes. In order to question conventions and promote change, public awareness campaigns, educational initiatives in communities and schools, and collaborations with grassroots organisations are essential. In order to eliminate stigma and establish a supportive atmosphere for survivors, community collaboration is vital.mpact on how well support services work.
Customised Interventions for Underrepresented Groups: Interventions must address the varied needs of marginalised communities in order to guarantee inclusion. It is critical to establish services that are culturally competent, offer language assistance, and remove obstacles associated with immigrant status. By guaranteeing that they have equal access to resources and legal channels, these policies seek to address the particular difficulties that marginalised groups experience.
Combined Cooperation: Lastly, cooperation is essential between governmental organisations, law enforcement, non-governmental organisations, and community groups. Combining efforts from several areas allows for a more comprehensive and successful response to domestic abuse. To strengthen legislative provisions and promote societal change, all parties must work together and remain committed over time.
A multifaceted strategy that includes legislative changes, increased enforcement, resource allocation, community involvement, customised interventions, and cooperative efforts is required to reinforce domestic violence laws. By tackling these issues, it may be possible to greatly improve the safeguards and networks of support for women who have experienced domestic abuse, which would promote a more secure atmosphere for all.
Landmark domestic violence cases in India Lalita Toppo v. the State of Jharkhand, (2018)
https://indiankanoon.org/doc/6354756/
- Application of the Domestic Violence Act: The court emphasised that, in the event that the appellant suffered domestic violence, including economic abuse as defined by the Act, she may be entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005 (DVC Act, 2005), even though she is not the husband’s lawful spouse.
- The DVC Act defines economic abuse as a range of behaviours that include deprivation of financial resources, disposing of household items, alienating assets, and preventing access to resources that are essential for the victim and her children.
- Remedy under DVC Act: In contrast to what is provided under Section 125 of the Code of Criminal Procedure, 1973, the court stressed that an estranged wife or live-in partner may be entitled to more remedy under the DVC Act’s provisions, including access to a shared residence.
- Refusing to Respond to Queries: Citing earlier rulings made by the court prior to the DVC Act’s passage, the court refused to respond to the questions posed to them, reasoning that the answers were unnecessary given the DVC Act’s provisions.
- Remedy under DVC Act: The appellant was encouraged to seek relief from the proper forum under the DVC Act, suggesting that the act’s remedies may offer broader relief than those provided by previous provisions.
- Decision in an Accelerated Manner: In the event that the appellant decided to seek remedies under the DVC Act, the court recommended that the relevant forum make a decision in an expedited manner.
CONCLUSION:
The horrific abuse that women had to endure clearly led to the creation of laws pertaining to domestic violence. But even with these advancements, there are still certain gaps. The issue of marriage housing, which is frequently disregarded, is still unresolved. This law’s main goal is based on the fundamental values of justice and equality, regardless of social classes, castes, or religion.
There are difficulties, especially in putting the Domestic Violence Act into practice. Cases where whole families are imprisoned without first undergoing conciliations require the exercise of judicial judgement in order to avoid irreversible marital breakdowns. The severity and significance of the Act have been highlighted by recent strict interpretations of it in court decisions. The Domestic Violence Act takes precedence over the Indian Evidence Act, even though it is applicable.
Especially in family courts, a bold approach is essential. It is the duty of these courts to protect women’s rights and obligations in marriage. Because courts handle different areas of family disputes differently, it is equally important to address the jurisdictional aspect. Laws need to take these complex factors into consideration in order to create a more unified legal system. It demands a thorough review that emphasises both the legal codes and their real-world applications. This reformative strategy requires legislators, solicitors, and judicial authorities to work in tandem.
In the end, strengthening domestic abuse legislation necessitates a comprehensive approach that includes careful enforcement, subtle legal changes, and a strong support system. Only by taking these steps will the law be able to genuinely change and give women the security, self-determination, and freedom from the upsetting grip of abuse by intimate partners.
REFERENCE:
https://www.juscorpus.com/history-of-domestic-violence-laws-in-india/
https://www.cji.edu/wp-content/uploads/2019/04/domestic_abuse_report.pdf
https://www.uk-cpa.org/media/3952/wip-report-final-3.pdf
https://link.springer.com/article/10.1007/s10896-021-00248-7
https://scholarworks.wmich.edu/cgi/viewcontent.cgi?article=3230&context=jssw