Types of abuse recognised by the domestic violence act: beyond physical violence

January 3, 2024

Types of abuse recognised by the domestic violence act: beyond physical violence

This article has been written by Miss Vasundhara Sharma, a 2nd year student of Kirit P Mehta School of law, NMIMS college, Mumbai.

I)ABSTRACT

Domestic violence is one of the most common forms of abuse , it not only happens in countries like India but also in other international countries like Ethiopia , USA etc. There is no such particular definition of domestic violence as such but to explain it we can say that it occurs when a person has a dominating or an authoritative control over another in a family and that person subjects the other to forms of cruelty , violence , starvation etc. Domestic violence has been narrowed to only a physical form of abuse whereas there are several layers which are responsible for the causes and apart from being physical there are others like emotional , psychological , threats etc. In this article we will be analyzing the types of domestic violence which are present in societies along with their underlying causes.

Keywords – Dominating, abuse , authoritative

II)INTRODUCTION –

Domestic violence as explained above occurs when another person has a dominating and authoritative control over the other and the other person is subjected to cruel behavior like extreme violence , threats , starving and ill living conditions , there can be a situation where grievous hurt as mentioned under section 320 of the Indian Penal Code can be caused or is inflicted on the other person for instance the permanent privation of any part of the body etc. Domestic Violence is a crime and there is a special act i.e. the Domestic Violence Act 2005 which has undergone several changes and amendments as there were various loopholes which had been discovered which is why there were constant changes being made so as to safeguard the rights and interests of woman so that they can live in a violence free society however there are several cases everyday amounting to domestic violence , The harsh reality of domestic violence is that it mostly occurs in rural areas where people are less educated and do not have certain resources. The cases of such heinous violences often goes unreported as the real number of reported cases are not accurate as there are some cases which have gone unreported as the women are too scared to report them as they have the fear of their family and society etc. Domestic violence has been narrowed down to only physical kinds of violence. In certain rural studies that were conducted it was observed that certain woman feel it is ‘normal’ to be abused by their husbands as they have the narrow concept of thinking because of lack of education , they feel that since mostly males are the breadwinners of the family they can treat the family in whatever way they like , in certain countries like ethiopia it was found that women lack self awareness which is why in domestic violence amendments each year there is a new theme introduced so as to raise awareness in the societies so as to reduce these crimes to an extent , for instance in countries like USA where there has been rapid development in terms of laws the President has announced that October is proclaimed as the month of NATIONAL DOMESTIC VIOLENCE AWARENESS AND PREVENTION MONTH along with themes for which in 2023 it was Heal , Hold and Center so as to raise maximum awareness among the people and reduce these crimes to an extent. The most common type of domestic violence abuse is the physical abuse in which the victim is constantly exposed to violence and it can be seen through bruises and marks on the body which is why the culprit restrains and confines the victim to a certain space so as to not get punished for this heinous crime . There has been this stereotypical study where the causes and effects of domestic violence were only because of physical kinds of violence however there are many other factors which are responsible for the cause of domestic violence.

Types of Abuses –

1) Emotional

2) Financial

3) Psychological

4) Technology Usage

5) Sexual

1)Emotional Abuse – Starting with emotional domestic violence as the name suggests in this kind of violence the person tries to destroy the victim’s self worth and self esteem by emotionally abusing them like name calling , brutal insults followed by criticisms , this mostly happens because of unhealthy relationships. In this kind of abuse the evidence is hard core and strong so if the victim does end up reporting the crime chances are the husband will be punished in terms of imprisonment and fine.

2)Financial Abuse – This kind of abuse is not easily observed as compared to emotional and physical abuse and the burden of proof increases when trying to bring evidence to the table. In this kind of abuse the controlling or dominating partner will not allow the victim to complete their education and will prevent the victim from getting a job , the controlling of the funds will be in such a way that the victim will have no option but to obey the orders and be completely dependent on the culprit for any kind of financial support , in some cases even though the victim may work the culprit ends up seizing all the monetary benefits.

3)Psychological Abuse – This kind of behavior is characterized by threats , intimidation or a fear causing behavior situation , as the name suggests the psychological well being of the person who is being abused is destroyed completely and is persistent , like financial abuse bringing hard core evidence does become a bit challenging. Psychological abuse is mainly when the victim is ‘not allowed’ or needs permission to talk to people, may it be family or friends. The culprit will have a dominating or threatening behavior towards the victim where the victim will not be allowed to leave the house and have no interactions with the outside world. Although certain state laws prohibit stalking or threats followed by physical harm , these abuses are difficult to reduce as the psychological well being of the mind is disturbed and rehabilitation is required.

4)Technology Usage– ‘There are two sides to a coin and one must look at both in order to come to a conclusion and a better understanding’ , just as technology is advantageous and has lots of benefits at the same time it becomes an easy target for crimes like cyberbullying , fake accounts and harassment. The culprit may constantly text certain messages to the victim making them feel uncomfortable and scared , the culprit may use different accounts and websites making it difficult to be tracked, in some cases the culprit may also place certain devices and equipments on the victims personal property or vehicle so as to track their every move , again this makes it difficult to deal with in case of jurisdictions thus one must report to the local law enforcer in order to prevent these crimes from happening.

5)Sexual Abuse – One of the most common forms of abuse is the sexual abuse and it is characterized by rape , unwanted sexual interaction and harassment. The law does not recognize all forms of sexual abuse as criminal offenses , thus the merit of the case is decided upon by the degree or magnitude of harm done. Sexual abuse impacts on the persons mental health being and in some cases it becomes difficult for the victim to take action maybe because of threats or the fact that there is lack of effectiveness and implementation when it comes to the safety as well as the checks and balance systems. For instance cases where the culprit may be coercing the victim to prevent them from using contraceptive pills or forcing the victim to have an abortion. This is cited as a reproductive coercion.

Now there are certain laws in India which specifically deal with the domestic violence problems – Domestic Violence Act of 2005 , Dowry prohibition Act of 1961 and Section 498A however in some cases there is a possibility of the misuse of these acts , for instance there is a possibility of a reverse role being played where the female of the house has a dominating effect on the man and is threatening or using violence on the man in order to extract money and to enjoy all the assets these kinds of cases go unnoticed sometimes as the societies have less empathy when it comes to men , but this is constituted as being one of the loopholes of these acts and as they are gender specific these kinds of cases are not taken into consideration and it is essential that these acts may be amended in order to safeguard the rights and interests of the people.

III)CASE ANALYSIS OF LALITA TOPPO V THE STATE OF JHARKHAND –

Lalita Toppo vs The State Of Jharkhand on 30 October, 2018

FACTS OF THE CASE –

In the case of Lalita Toppo v. The State of Jharkhand and Anr. (2018), which was heard by the Supreme Court of India, the Complainant, who was not the Respondent’s legally wedded wife, approached the Court to obtain maintenance under the provisions of the Protection of Women from Domestic Violence Act, 2005, supposing that she will not be allowed to maintenance under Section 125 of the Code of Criminal Procedure, 1973. In this instance, the Appellant was in a live-in relationship, with whom she had a kid. When the couple got separated, the Appellant sought support from her spouse, for which the Gumla Family Court allowed, giving her Rs 2000 per month and Rs 1000 to her child. The Appellant filed an appeal in the High Court, which found the family court’s ruling to be incorrect and ruled in favor of the partner. The Appellant then went to the Supreme Court.

ISSUE – Whether a live-in partner can seek maintenance under the Domestic Violence Act, 2005?

JUDGMENT –

In the Supreme Court a three-judge Bench composed of the then- CJI Ranjan Gogoi, Justices U.U. Lalit and K.M. Joseph observed that a live-in partner will be obligated to even more relief than that envisaged by Section 125 of the Code of Criminal Procedure, 1973. Making reference to the provisions of the Domestic Violence Act, the bench noted that the petitioner in the case would have a remedy to seek maintenance under the Act despite the fact that she is not the legally wedded wife and thus not obligated to be maintained under Section 125 of the Code of Criminal Procedure. It was also observed by the Court that domestic violence, according to the provisions of the Domestic Violence Act, also includes economic abuse.

Now that we have understood the kinds and types of abuses we are going to analyze the ways in which the law enforcement deals with this kind of crimes and the ways in which the crimes can be reduced to a certain extent via law –

Domestic violence can be reduced or prevented by the following ways –

1) Providing Education especially in rural areas

2) Respecting religious beliefs and mutual respect for another

3) Promoting gender equality

4) Seeking Professional Help

5) Joining rehab groups which preach against domestic violence

6) Raising awareness through campaigns , ads etc

7) Avoiding bad company

8) Effective Execution when it comes to law enforcement

IV)CONCLUSION –

It can thus conclude that domestic violence is one of the most horrendous and heinous kinds of crimes where the victims are mostly women ranging from 85% and only 15% are men. There are various psychological aspects that affect the mental health of not only the woman but also the children of any family , the causes of domestic violence are not just limited to physical forms of abuse but abuses involving sexual , technology and financial forms of abuses thus there are not one but several underlying causes because of which domestic violence occurs , while there are laws which protect women from this crime the laws are extremely gender specific as there is no remedy for men and there is a constant need for the development of these laws and acts in order to reduce domestic violence by a considerable amount.