Tuesday, February 17, 2015

Domestic Violence.

Introduction: -   Violence against women is a serious problem in India.  Overall, one third of women age 15-49 have experienced physical violence and about 1 in 10 has experienced sexual violence.  The issue of violence against women in India was brought to the forefront after the brutal gang-rape of 23 year old women in Delhi on 16 December 2012.  The December incident led to a sudden outpouring of anger and frustration about the situation that allowed such attacks to take place.  Such kind of incidents directly shows the pitiful conditions of women in India at home because every kind of social problem takes its birth form home.  Domestic violence in India is endemic.  Around 70% of women in India are victims of domestic violence, according to Renuka Chowdhary Junior minister for women and child development.  National Crime Records Bureau reveal that a crime against a woman is committed every three minutes, a woman is raped every 29 minutes, a dowry death occurs every 77 minutes, and one case of cruelty committed by either the husband or relative of husband occurs every nine minutes.  This all occurs despite the fact that women in India are legally protected from domestic abuse under the Protection of women from Domestic violence act.  However the aforementioned statistics are strongly contested by Save India Family Foundation, stating that Renuka Chowdhury talked about the reported dowry death cases and deliberately avoided mentioning the actual convictions in “dowry death trials” after false cases are dismissed in the courts.
       But the area of Domestic violence in India is not just limited to violence against women rather in many cases men are also the victim of Domestic Violence. 

“…… The general perception is that men cannot be victims of violence.  This helps women get away scot-free,” says Rukma, who has been accused of domestic violence and dowry harassment, among other offences, by his estranged wife.  Terming this ‘legal terrorism’, as the judiciary almost always favours the woman he adds, “Domestic violence cases are supposed to be resolved in six months, but this never happens.  Once a case is filed, the husband has to attend every hearing — which takes place once every 10 days — otherwise he is viewed as the wrongdoer in the court's eyes. Mind you, there are no questions raised if the woman doesn't attend hearings."  In recent years, there has been a spurt in the number of men who have been physically abused by their wives. Although the trauma may be the same, the methods of inflicting abuse vary. "Men are stronger and hit their wives, but women, in many cases, ask another man — their brother, father, friend or hired goons — to assault their husbands," explains Anil Kumar, a social researcher. Society isn't sympathetic to harassed men; being beaten up by one's wife invites mockery and jokes, and men who speak out about their woes are considered 'unmanly'.  Abuse against men is no laughing matter. The Save Indian Family Foundation meets once a week and every week, 4-5 new people attend these meetings. The demands of all harassed men are simply this: There must be a misuse clause added to the Domestic Violence Act and the law must be gender-neutral, so that women can't falsely accuse their husbands.  But the main focus of domestic violence is woman because in many states of India like Uttar Pradesh has high rate of domestic violence against women.  According to a 1996 survey of 6,902 men in Uttar Pradesh, up to 45% of men acknowledged that they at one point or another had physically abused their wife. In a 2000 multi-site household survey conducted in India, it was found that while overall approximately 50% of women surveyed had experienced some form of domestic violence throughout their married life, the rates varied significantly by specific location as well as overall region. In rural areas and urban slums, that rate was approximately 55%, whereas in urban non-slum areas the rate was less than 40%. Domestic violence is known to happen in upper-class families as well as NRI families.
       According to a study made by Michael Koenig about the determinants of domestic violence in India published by the American Journal of Public Health in 2006, higher socioeconomic status tends to be protective against physical but not sexual violence.

Causes:- 
1.      Idiotic and Orthodox set up of mind:  
 Domestic violence is most common in our Indian society. One of the reasons for it being so prevalent is the orthodox and idiotic mindset of the society that women are physically and emotionally weaker than the males. Though women today have proved themselves in almost every field of life affirming that they are no less than men, the reports of violence against them are much larger in number than against men. The possible reasons are many and are diversified over the length and breadth of the country. According to United Nation Population Fund Report, around two-third of married Indian women are victims of domestic violence and as many as 70 per cent of married women in India between the age of 15 and 49 are victims of beating, rape or forced sex. In India, more than 55 percent of the women suffer from domestic violence, especially in the states of Bihar, U.P., M.P. and other northern states.  The most common causes for women stalking and battering include dissatisfaction with the dowry and exploiting women for more of it, arguing with the partner, refusing to have sex with him, neglecting children, going out of home without telling the partner, not cooking properly or on time, indulging in extra marital affairs, not looking after in-laws etc. In some cases infertility in females also leads to their assault by the family members. The greed for dowry, desire for a male child and alcoholism of the spouse are major factors of domestic violence against women in rural areas. There have been gruesome reports of young bride being burnt alive or subjected to continuous harassment for not bringing home the amount of demanded dowry. Women in India also admit to hitting or beating because of their suspicion about the husband’s sexual involvement with other women. The Tandoor Murder Case of Naina Sahni in New Delhi in the year 1995 is one such dreadful incident of a woman being killed and then burnt in a Tandoor by his husband. This incidence was an outcome of suspicion of extra marital affairs of Naina Sahni which led to marital discord and domestic violence against her.
2.      Fear of leaving is greater than fear of staying:
Violence against young widows has also been on a rise in India. Most often they are cursed for their husband’s death and are deprived of proper food and clothing. They are not allowed or encouraged for remarriage in most of the homes, especially in rural areas. There have been cases of molestation and rape attempts of women by other family members in nuclear families or someone in the neighborhood. At times, women are even sexually coerced by their partner themselves against their will. They are brutally beaten and tortured for not conceiving a male child. Incidents like, ripping off a woman’s womb for killing the female foetus when she disagrees for abortion have also come to light especially in rural areas. Female foeticide and female infanticide continue to be a rising concern.
Also as expressed by Rebecca J. Burns in the following lines, “When I am asked why a woman doesn’t leave abuser I say: Women stay because the fear of leaving is greater than the fear of staying. They will leave when the fear of staying is greater than the fear of leaving.” A common Indian house wife has a tendency to bear the harassment she is subjected to by her husband and the family. One reason could be to prevent the children from undergoing the hardships if she separates from the spouse. Also the traditional and orthodox mindset makes them bear the sufferings without any protest.
Other forms of physical abuse against women include slapping, punching, grabbing, burdening them with drudgery, public humiliation and the neglect of their health problems. Some of the other forms of psychological torment against them could be curtailment of their rights to self-expression and curbing the freedom to associate with the natal family and friends.
3.      Domestic Violence Against Men(complex society):  
There is no question that domestic violence directed against women is a serious and bigger problem, but domestic violence against men is also increasing gradually in India. The supremacy of men in the society makes one believe that they are not vulnerable to domestic violence. Battering of men by their spouse and family members has become a concerned issue and is another form of domestic violence under purview of judiciary.  If we contemplate over the reasons behind this form of domestic violence we would find some of the possible causes such as not abiding by the instructions of the wives’, inadequate earning of men, infidelity towards wives, not helping the partner in household activities, not taking a proper care of children, abusing the spouse’s family, infertility of men, spying the activities of partner, doubting the partner all the time and not trusting her, revolt by the wife when asked to look after in-laws etc. On many occasions the spat between men and women becomes public thereby influencing the society around especially in the villages. In urban areas such forms of violence may go unreported because of greater privacy. Also the families find their reputation at stake in urban areas.
4.      Lack of inter-personal intelligence:  
In urban areas one of the main causes of Domestic violence is poor family relationship. Now there is no love between parents and children because of lack of understanding. Parents are accepting very much from their children and children don’t have respect for their parents.   The possible reasons could be disobeying parental advises and orders, poor performance in academics or not being at par with other children in neighborhood, debating with parents and other family members etc. In addition to this, factors like not being socially intelligent or as active as the parents expect them to be, abusing the parents or speaking ill about other family members, not returning home on time are some other factor. These entire factors depict poor social intelligence or inter-personal intelligence.

5.      Gender biased and Child abuse:  
Domestic violence against girls is in fact more severe at homes. As the common mob mentality of India prefers to have at least one male child after marriage, the girls in most of the occasions are cursed and assaulted for having taken birth in the home. This kind abuse is prevalent both in cities and villages but is more common in latter case. Then there are cases of paedophilia causing sexual harassment of children in homes by family member themselves. In fact the number of rape cases of pre-matured girls has been rising since last few years. A survey of teens and college students found that rape accounted for 67 percent of sexual assaults in girls. Apart from sexual abuse and rape, pushing, slapping, punching, stalking and emotional abuse are other forms of domestic violence against children.  Adding to the above mentioned causes, there are also instances of abuse against children who are physically and/or mentally challenged. Instead of providing them proper health care and treating them politely, these children are beaten and harassed for not cooperating and attending to what family members ask them to do. They are even emotionally abused by cursing them having been in such retarded or handicapped state. In fact in poor families, there have been reports of selling body organs of the retarded children for getting money in return. It reflects the height of cruelness and violence against innocent children.

6.       Influence of Materialism or Deteriorating moral values:
 One of the causes of Domestic violence is that we are now very much influenced by materialistic school of thought which only give importance to wealth and money and that is why now our youth is neglecting their responsibility toward their parents. It is because of the dependency of olds on their children and having a fear of not being looked after or even ousted if the violence is revealed in public. The main causes of violence against aged people are – children being hesitant in bearing the expenses of the old parents, emotionally victimizing the olds and beating them to death to get rid of them. On various occasions, they are beaten for doing something against the desire of family members. One of the very common reasons includes torture for property grabbing. A perturbing trend is the vulnerability of ageing women to domestic violence in various forms. Given existing structures of gender discrimination, old women are prone to a greater risk than men of becoming victims of material exploitation, financial deprivation, property grabbing, abandonment, verbal humiliation, emotional and psychological torment. When they fall seriously ill, it is more likely that it is the elderly women in the family who will be denied proper health care. There is also a widespread understanding that the neglect, deprivation and marginalization of older women are the normal consequences of ageing. In fact the plight of young widows in homes as discussed above now becomes more serious as a result of the ageing of those women. They are cut off from the society they are living in, ignored, abused, cursed, and considered as bad omens. The atrocities of sons, daughter-in-laws, daughters and husbands could be another cause of domestic violence specifically against older women. They are restrained from cooking, housekeeping, or participating in activities outside the home.
7.      Dowry system: -
 Domestic violence often happens in India as a result of dowry demands. Dowry payments are another manifestation of the patriarchal structure in India. There are strong links between domestic violence and dowry, a cultural practice deeply rooted in many Indian communities, which is the money, goods, or property the woman/woman’s family brings to a marriage to now become under the ownership of the husband. This practice continues even today in India although banned by law since 1961, and in recent years dowry amounts have risen dramatically.  In a Srinivasan 2005 study published in World Development, results from a survey pointed to a negative correlation between dowry amount and inter-spousal violence, indicating the potential dangers of a wife falling short on dowry payments or expectations. These dangers include not only common physical and emotional abuse such as hitting and continual degradation, but in some cases dowry death and bride burning as a result of the husband’s dissatisfaction with the dowry payment. In fact, 8391 dowry deaths reported in 2010, a steep rise from 6995 such reported cases in 1997.

Effects:-
Effects of domestic violence on children: - Children who witness domestic violence in the home often believe that they are to blame, live in a constant state of fear and are 15 times more likely to be victims of child abuse. Close observation during an interaction can alert providers to the need for further investigation and intervention, such as dysfunctions in the physical, behavioral, emotional, and social areas of life, and can aid in early intervention and assistance for child victims.
Effects of domestic violence on women: - A working Indian woman may drop out from work place because of the ill-treatment at home or office, she may lose her efficiency in work. Her health may deteriorate if she is not well physically and mentally. Some women leave their home immediately after first few atrocious attacks and try to become self-dependent. Their survival becomes difficult and painful when they have to work hard for earning two meals a day. Many such women come under rescue of women welfare organizations like Women Welfare Association of India (WWAI), Affus Woman Welfare Association (AWWA) and Woman’s Emancipation and Development Trust (WEDT). Some of them who leave their homes are forcefully involved in women trafficking and pornography. This results in acquiring a higher risk of becoming a drug addict and suffering from HIV/AIDS. Some of course do it by their choice.
Effects of Domestic Violence on men: - The consequences against violence against men in India, is largely emotional and psychological in nature. The physical harassment resulting from domestic violence, also affects their lives and productivity but it is still more inclined towards the emotional problems which men face in India. It is largely because many such cases go unreported, as compared to cases of physical assault of women. An emotionally harassed and depressed man may lose interest in the occupation he is associated with. If he is the only bread-earning person in the family, the family may find it difficult to survive. There has been a spate of farmers’ suicide in recent years in Karnataka. Several farmers have committed suicide not only because of indebtedness but also because of discord in family and depression resulting out of it. According to statistics of Save India Family Foundation (an NGO), around 1.2 lac harassed husbands have committed suicide in the country in the last four years.
Effects of Domestic Violence on Adolescents: - The consequences in case of children are far more drastic and its effect is long lived. Adolescents are sensitive to issues related to violence of any kind as they are not mature enough to comprehend them. In their growing years they try to imitate things which they see happening around them. In the process of following their parent’s advice or instructions they become firm in their opinion and approach towards life. Now if the approach of parents itself is negative, Adolescents are bound to get influenced by it. They may adopt the negative traits of the ill they see around them or develop a hostile approach in life because of the ill-treatment they are subjected to. If a teen is beaten badly for under performing in school, he may do the same to his children, thinking it might be the only possible way of making a person to work hard.
Effects of Domestic Violence on Olds: - The elderly abuse is one of the most unfortunate happening for the elderly class in their lives. They would rather like to be more at ease and calm in this phase of their life than being prone to such kind of shameful treatment by the family or society. Ironically elderly class itself also indulges in harming each other. Many of the elderly men continue to beat and harass their wives throughout their lives.
Some of the olds are ousted from home by their children, some are beaten until death and some are exploited socially. A sense of insecurity dodges them all the time. They are isolated and cut off from society in some cases where son and daughter-in-law do not let them interact and move around freely in the society. The old people are not looked after properly and their health problems are neglected. Due to the abuse and mental trauma they suffer, some of them leave home and stay in old age homes like Help Age India, Senior Citizen Home Complex Welfare Society (SCHCWS) and many others.
Effects of Domestic Violence on Health: - Many kinds of health problems occur because of Domestic violence e.g. Physical Health problem, Mental Health problem, and sexual Health problem.
i.                    Physical Health problem: Physical health problem like multiple injuries, unwanted pregnancy and self injurious behavior.
ii.                  Mental Health problem: Mental health problems like fear, depression, anxiety, low self esteem, obsessive compulsive disorder, eating disorder and sexual dysfuntioning. It has fatal effect on human mind include suicide, homicide, maternal mortality, or HIV/AIDS.
iii.                Sexual Health problem:  Sexual dysfuntioning.

Suggestions or Remedies:-
·         Responses to domestic violence need to address the issue of acceptability of violence as a feature of gender relations in the marital home. Unless the norms of acceptability of violence are broken, women will continue to experience physical and psychological violence. Thus there is a need not to accept it and raise you voice against it.
·         Domestic violence is a complex problem and there is no one strategy that will work in all situations. To begin with, violence may take place within very different societal contexts, and the degree to which it is sanctioned by a community will naturally influence the kind of strategy needed. Considering the interconnections between the factors responsible for domestic violence – gender dynamics of power, culture and economics – strategies and interventions should be designed within a comprehensive and integrated framework.  
·         It should be abolished through proper implementation of law and it can only be possible if we are aware about it.
There are some remedies through which we can abolish Domestic Violence completely:-
·         Awareness: - One of the major steps to stop domestic violence is to make the people aware about the negative drawbacks and harms of domestic violence. Set the rules against the practice of domestic violence and impose stringent punishments on the attacker. Gather more information and educate people about the detrimental effects of domestic violence. It is really not advisable that we ignore such things and instead raise a voice against it.
·         Need for stringent laws: - It is very important that the law against domestic violence has to be imposed stringently. Domestic violence was recognized as a grave criminal offense in 1983 by introducing the section 498-A in the Indian penal code. This act helps in the elimination of domestic violence among family members.
·         Empowered Non-government organizations: - In order to curb domestic violence among people in apartments, individuals can also seek the help of non-government organizations. These organizations will make people aware about the consequences and get justice to the victim.
·         Seek police help: - In case of severe violence, individuals can seek legal help from the police and put an end to domestic violence. The police play an important role in curbing domestic violence issues.
·         Get your community educated: - A good start to eradicating Domestic Violence from your community or neighborhood is to start educating as many people as possible about Domestic Violence, its impact and how to intervene safely. This can be done in collaboration with your local Domestic Violence shelter or women’s organization or police community outreach officers who can work with the community, local schools and local companies to organize and implement talks, town hall meetings and other group sessions to talk about this issue.
·         Boost your community support network with technology: - If you have a smart phone and the victim has a smart phone, consider downloading a safety app for women, many of which have been designed to automatically alert your support network if you are in danger. If the victim does not have a smart phone, consider pooling money with a few friends and neighbors to get her one and pre-load it with a safety app that is connected to all your phones so you can become a de facto support net for the victim.
·         Positive Attitude: - Encourage young boys to be nurturing and young girls to be strong. Help children develop knowledge, attitudes, and beliefs that lead to healthy relationships. There is also need to promote respect for all people, regardless of race, gender, religious affiliation, or sexual orientation. Do not tolerate discrimination, violence, or degrading behaviors against anyone you perceive to be different from yourself and model nonviolent, respectful behavior in your family. Call a domestic violence or child abuse prevention program if you need help.  There is also need to recognize that teaching peace begins at home. Teach your children and grandchildren to reject violence.
·         Civil Remedies or Awareness of Law: -   Criminal Law remedies for domestic violence provided in the Indian Penal code are enforceable after the commission of the offence. The new Act on domestic violence namely, Protection from Domestic Violence Act, 2005 provides for civil law remedies in the form of preventive measures and interim relief's to check harassment of women through domestic violence.
     An aggrieved person under the Act means a woman who is the wife of the accused and also includes a woman who is the sexual partner of the male whether she is his legal wife or not The daughter, mother, sister, child, widowed relative of the male respondent are also covered under the Act. The testimony of the aggrieved person is enough for the court to conclude that an offence has been committed by the accused. The offence is cognizable and non-bailable. The reliefs available to the aggrieved person are: -
(a) She can stay in her husband’s house and cannot be evicted by him.
(b) Even if she has no legal claim or share in the property, the court can order that a part of the house be allotted to her.
(c) The respondent cannot dispossess her or disturb her possession or enter her place of work.
(d) He may be restrained from communicating with her whether orally, through telephone, written or any electronic means.
(e) He may be asked to pay for her monthly maintenance and for any expenses and losses suffered by her due to domestic violence.
(f) Compensation and damages may be imposed for mental torture & emotional distress.
(g) Penalty up to one year imprisonment and / or fine up to Rs. 20,000/- may be imposed for an offence. Protection officers are appointed in each district under the Act to guide and help the victims of domestic violence in the district.

                           












References:
hetv.org
timesofindia.indiatimes.com
www.wikipedia.org/wiki/effectofdomesticviolence
16days.thepixelproject.net