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Domestic violence in India includes any form of violence suffered by a person from a biological relative but typically is the violence suffered by a woman by male members of her family or relatives.
[ Although Men also suffer Domestic violence, the law under IPC 498A specifically protects only women. Specifically only a woman can file a case of domestic violence. According to a National Family and Health Survey in 2005, total lifetime prevalence of domestic violence was 33.5% and 8.5% for sexual violence among women aged 15–49.] A 2014 study in ''The Lancet
''The Lancet'' is a weekly peer-reviewed general medical journal and one of the oldest of its kind. It is also the world's highest-impact academic journal. It was founded in England in 1823.
The journal publishes original research articles, ...
'' reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means that the violence affects 27.5 million women over their lifetimes.[ However, an opinion survey among experts carried out by the ]Thomson Reuters Foundation
Thomson Reuters Foundation is a London-based charitable arm of Thomson Reuters, a Canadian news conglomerate. The Foundation is registered as a charity in the United States and United Kingdom and is headquartered in Canary Wharf, London.
Anton ...
ranked India as the most dangerous country in the world for women.
The 2012 National Crime Records Bureau
The National Crime Records Bureau, abbreviated to NCRB, is an Indian government agency responsible for collecting and analyzing crime data as defined by the Indian Penal Code (IPC) and Special and Local Laws (SLL). NCRB is headquartered in New ...
report of India states a reported crime rate of 46 per 100,000, rape rate of 2 per 100,000, dowry homicide rate of 0.7 per 100,000 and the rate of domestic cruelty by husband or his relatives as 5.9 per 100,000.[National Crimes Record Bureau]
Crime in India 2012 – Statistics
Government of India (May 2013) These reported rates are significantly smaller than the reported intimate partner domestic violence rates in many countries, such as the United States (590 per 100,000) and reported homicide (6.2 per 100,000 globally), crime and rape incidence rates per 100,000 women for most nations tracked by the United Nations.[S. Harrendorf, M. Heiskanen, S. Malby]
INTERNATIONAL STATISTICS on CRIME AND JUSTICE
United Nations Office on Drugs & Crime (2012)[Intimate_Partner_Violence](_blank)
,_1993–2010.html" ;"title="Intimate Partner Violence">Intimate Partner Violence
, 1993–2010">Intimate Partner Violence">Intimate Partner Violence
, 1993–2010 Bureau of Justice Statistics, US Department of Justice, table on page 10.
There are several domestic violence laws in India. The earliest law was the Dowry Prohibition Act 1961 which made the act of giving and receiving dowry a crime. In an effort to bolster the 1961 law, two new sections, Section 498A and Section 304B were introduced into the Indian Penal Code in 1983 and 1986. The most recent legislation is the Protection of Women from Domestic Violence Act (PWDVA) 2005. The PWDVA, a civil law, includes physical, emotional, sexual, verbal, and economic abuse as domestic violence.
Background
Domestic violence, or intimate partner violence (IPV) as it is sometimes called, is a worldwide problem. Domestic abuse includes physical, emotional and sexual violence of any form. In India, the PWDVA also includes economic abuse under the definition of domestic violence. A 1999 study examined the prevalence and characteristics of domestic abuse in five districts of northern India during 1995–1996. The study reported that in those five districts, lifetime prevalence of domestic abuse ranged from 18% to 45%.
Definition and law
Domestic violence is currently defined in India by the Protection of Women from Domestic Violence Act of 2005. According to Section 3 of the Act, "any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
# harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
# harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
# has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
# otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
2005 it was made illegal
Jammu and Kashmir, which has its own laws, has enacted in 2010 the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010.
2006 NFHS survey report on domestic sexual violence
The National Family Health Survey of India in 2006 estimated the lifetime prevalence of sexual violence among women aged 15–49, including instances of marital rape in India. The study included in its definition of "sexual violence" all instances of a woman experiencing her husband "physically forcing her to have sexual intercourse with him even when she did not want to; and, forcing her to perform any sexual acts she did not want to". The study sampled 83,703 women nationwide, and determined that 8.5% of women in the 15–49 age group had experienced sexual violence in their lifetime.[National Family Health Survey 3 – Domestic Violence]
pp. 501 This figure includes all forms of forced sexual activity by husband on wife, during their married life, but not recognised as marital rape by Indian law.
The 2006 NFHS study reported sexual violence to be lowest against women in the 15–19 age group, and urban women reporting 6% lifetime prevalence rate of sexual violence, while 10% of rural women reported experiencing sexual violence in their lifetime.[ Women with ten years of education experienced sharply less sexual violence, compared to women with less education.][National Family Health Survey 3 – Domestic Violence]
pp. 500–501
The total of some 83703 women took part and of 67426 Hindu women who took part in it 22453, that is equal to 33.3% respondents said yes to being physically abused at their home, similar is the case of Buddhist women where 40% women said yes to being physically abused.
The credibility of the Report is in question as it is not clear which section of the society was interviewed. As the same report suggests that domestic abuse against women in poorer families was far higher than the middle or upper class.[http://rchiips.org/nfhs/NFHS-3%20Data/VOL-1/Chapter%2015%20-%20Domestic%20Violence%20(468K).pdf ]
A 2014 study in The Lancet
''The Lancet'' is a weekly peer-reviewed general medical journal and one of the oldest of its kind. It is also the world's highest-impact academic journal. It was founded in England in 1823.
The journal publishes original research articles, ...
states, "Whereas an 8.5% prevalence of sexual violence in the country ndia Ndia or NDIA may refer to:
* Ndia Constituency, Kirinyaga District, Central Province, Kenya
*Alternative name for the Southern Kirinyaga dialect of the Kikuyu language
*National Defense Industrial Association, an American trade association
* Natio ...
is among the lowest in the world, it is estimated to affect 27.5 million women in India iven India's large population.[Sexual violence and rape in India]
The Lancet, Vol 383, 8 March 2014, p. 865 Further, the 2006 survey found that 85% of women who suffered sexual violence, in or outside of marriage, never sought help, and only 1% report it to the police.[
]
Data reliability
Renuka Chowdhury
Renuka Chowdhury (born 13 August 1954) is an Indian politician and a member of the Indian National Congress, she represented the political party in the Rajya Sabha from Andhra Pradesh. She has also served as the Union minister of State (Indepe ...
, former Union minister for Women and Child Development, stated in 2006, that around 70% of women in India are victims of domestic violence. However her statistics were disputed by Save Indian Family Foundation, stating that Renuka Chowdhury
Renuka Chowdhury (born 13 August 1954) is an Indian politician and a member of the Indian National Congress, she represented the political party in the Rajya Sabha from Andhra Pradesh. She has also served as the Union minister of State (Indepe ...
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. According to a BBC report, in 2013, around 309,546 crimes were reported against women of which 118,866 were for domestic violence alone.
Forms
Physical violence
Physical injury is the most visible form of domestic violence. The scope of physical domestic/intimate partner violence includes slapping, pushing, kicking, biting, hitting, throwing objects, strangling, beating, threatening with any form of weapon, or using a weapon.[Committee on Health Care for Underserved Women. Intimate Partner Violence. American College of Obstetricians and Gynecologists, Feb. 2012. Web. 17 March 2013.] Worldwide, the percentage of women who suffer serious injuries as a result of physical domestic violence tends to range from 19% – 55%. Physical injuries as a result of domestic violence against women are more obvious than psychological ones, and can be more easily discerned by health professionals as well as courts of law in the context of legal prosecution.
Emotional abuse
Emotional abuse
Emotions are mental states brought on by neurophysiological changes, variously associated with thoughts, feelings, behavioral responses, and a degree of pleasure or displeasure. There is currently no scientific consensus on a definition. E ...
has been gaining more and more recognition in recent years as an incredibly common form of domestic violence (and therefore a human rights abuse
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hum ...
) within the private home throughout developing nations such as India. Psychological abuse can erode a woman's sense of self-worth and can be incredibly harmful to overall mental and physical wellbeing. Emotional/psychological abuse can include harassment; threats; verbal abuse such as name-calling, degradation and blaming; stalking; and isolation.
Women who experience domestic violence overwhelmingly tend to have greater overall emotional distress, as well as disturbingly high occurrences of suicidal thoughts and attempts. According to a study by the National Centre for Biotechnology Information, suicide attempts in India are correlated with physical and psychological intimate partner violence. Of the Indian women who participated in the study, 7.5% reported attempting suicide. This correlation is supported by the high rates of domestic violence in India, although the rates differ greatly by region, individual socioeconomic status
Socioeconomic status (SES) is an economic and sociological combined total measure of a person's work experience and of an individual's or family's economic access to resources and social position in relation to others. When analyzing a family's ...
and other factors.
Sexual assault
Domestic sexual assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
is a form of domestic violence involving sexual/reproductive coercion
Reproductive coercion (also called coerced reproduction, reproductive control or reproductive abuse) is a collection of behaviors that interfere with decision-making related to reproductive health. These behaviors are meant to maintain power and ...
and marital rape
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic vi ...
. Under Indian law, marital rape is not a crime,
except during the period of marital separation
Marital separation occurs when spouses in a marriage stop living together without getting divorced. Married couples may separate as an initial step in the divorce process or to gain perspective on the marriage and determine whether divorce is warra ...
of the partners.
The Section 375 of the Indian Penal Code
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in ...
(IPC) considers the forced sex in marriages as a crime only when the wife is below 15. Thus, marital rape is not a criminal offense under IPC. The marital rape victims have to take recourse to the Protection of Women from Domestic Violence Act 2005
The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government and Ministry of Women and Child Development on ...
(PWDVA). The PWDVA, which came into force in 2006, outlaws marital rape. However, it offers only a civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
remedy for the offence.
Honor killing
An honour killing
An honor killing (American English), honour killing (Commonwealth English), or shame killing is the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honor of t ...
is the practice wherein an individual is killed by one or more family member(s), because he or she is believed to have brought shame on the family. The shame may range from refusing to enter an arranged marriage
Arranged marriage is a type of marital union where the bride and groom are primarily selected by individuals other than the couple themselves, particularly by family members such as the parents. In some cultures a professional matchmaker may be us ...
, having sex outside marriage, being in a relationship that is disapproved by the family, starting a divorce proceeding, or engaging in homosexual relations.
In 2010, the Supreme Court of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
issued notice seeking data and explanation for rise in honor killings to the states of Punjab
Punjab (; Punjabi: پنجاب ; ਪੰਜਾਬ ; ; also romanised as ''Panjāb'' or ''Panj-Āb'') is a geopolitical, cultural, and historical region in South Asia, specifically in the northern part of the Indian subcontinent, comprising ...
, Haryana, Bihar
Bihar (; ) is a state in eastern India. It is the 2nd largest state by population in 2019, 12th largest by area of , and 14th largest by GDP in 2021. Bihar borders Uttar Pradesh to its west, Nepal to the north, the northern part of West Be ...
, Uttar Pradesh, Rajasthan
Rajasthan (; lit. 'Land of Kings') is a state in northern India. It covers or 10.4 per cent of India's total geographical area. It is the largest Indian state by area and the seventh largest by population. It is on India's northwestern si ...
, Jharkhand, Himachal Pradesh
Himachal Pradesh (; ; "Snow-laden Mountain Province") is a state in the northern part of India. Situated in the Western Himalayas, it is one of the thirteen mountain states and is characterized by an extreme landscape featuring several peaks ...
and Madhya Pradesh
Madhya Pradesh (, ; meaning 'central province') is a state in central India. Its capital is Bhopal, and the largest city is Indore, with Jabalpur, Ujjain, Gwalior, Sagar, and Rewa being the other major cities. Madhya Pradesh is the seco ...
.
Dowry-related abuse and deaths
In almost all Hindu families, the ritual of taking dowry has caused a serious problem. A newly married brides suffer domestic violence in the form of harassment, physical abuse or death when she is thought to have not brought enough dowry with marriage. Some cases end up in suicides by hanging, self-poisoning or by fire. In dowry deaths, the groom's family is the perpetrator of murder or suicide.
According to Indian National Crime Record Bureau, in 2012, 8,233 dowry death cases were reported across India, or dowry issues cause 1.4 deaths per year per 100,000 women in India.[Crime statistics in India]
, Government of India (2011) For contextual reference, the United Nations reports a worldwide average female homicide rate of 3.6 per 100,000 women, and an average of 1.6 homicides per 100,000 women for Northern Europe in 2012.
Dowry deaths in India are not limited to any specific religion, and it is found among Hindus, Muslims, Sikhs and others. Some 80% of the total Dowry related crime found in the Hindu community followed by other Indian Religions as giving Dowry is considered as an important ritual in the traditional Hindu marriage. Furthermore, in many parts of India the Ritual of ''Tilak(Engagement)''done mostly in Hindu families is used by Groom's Family to Demand a huge sum of money.
The ''Dowry Prohibition Act
The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is referred to dahez in Hindi and as ''jahez ...
'' 1961, prohibits the request, payment or acceptance of a dowry, "as consideration for the marriage", where "dowry" is defined as a gift demanded or given as a precondition for a marriage. Gifts given without a precondition are not considered dowry and are legal. Asking or giving of dowry can be punished by imprisonment of up to six months or a fine. It replaced several pieces of anti-dowry legislation that had been enacted by various Indian states. Murder and suicide under compulsion are addressed by India's criminal penal code. The law was made more stringent with Section 498a of Indian Penal Code (enacted in 1983). Under the ''Protection of Women from Domestic Violence Act 2005
The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government and Ministry of Women and Child Development on ...
'' (PWDVA), a woman can seek help against dowry harassment by approaching a domestic violence protection officer.
Regional, gender and religious differences
Kimuna et al. have published domestic violence trends in India, based on the 2005–2006 India National Family Health Survey-III (NFHS-III) data on the 69,484 ever-married women ages 15 to 49 from all regions of India.[ They report 31% of respondents had experienced minor to major form of physical violence in the 12 months prior to the survey, while the domestic sexual violence prevalence rate ever experienced by the woman was about 8%. Women who lived in cities, had higher household wealth, were Christian and educated had significantly lower risk of physical and sexual domestic violence.][ In contrast, wives of men who drank alcohol had significantly higher risks of experiencing both physical and sexual violence.][Kimuna et al. (March 2013), Domestic Violence in India: Insights From the 2005–2006 National Family Health Survey, Journal of Interpersonal Violence, vol. 28, no. 4, pp. 773–807]
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 reduced domestic abuse.
Gender
Babu et al. surveyed both genders on domestic violence in eastern region of India.[ The results show that 16% of women had reported experiencing physical forms of domestic violence, 25% sexual form, 53% psychological, and 56% reported any form of domestic violence.][ Men reported being perpetrators of domestic violence with 22% reporting some form of physical domestic abuse, 17% sexual, 59% psychological, and 59.5% any form of domestic abuse. Men reported experiencing higher prevalence of all forms of violence, but reported experiencing lowest rates of sexual violence. The perpetrator of domestic violence, physical or sexual or psychological, was typically the husband in majority of cases and in some cases husbands' parents. Further, low income and low education increased the risks of domestic violence.][Babu et al]
Domestic violence against women in eastern India: a population-based study on prevalence and related issues
BMC Public Health 2009, 9:129
Religion
The National Family Health Survey of India in 2006 estimated the lifetime prevalence of sexual violence among women aged 15–49, including instances of marital rape in India. The study included in its definition of "sexual violence" all instances of a woman experiencing her husband "physically forcing her to have sexual intercourse with him even when she did not want to; and, forcing her to perform any sexual acts she did not want to". 2The study sampled 83,703 women nationwide, and determined that 8.5% of women in the 15–49 age group had experienced sexual violence in their lifetime. 3This figure includes all forms of forced sexual activity by husband on wife, during their married life, but not recognised as marital rape by Indian law.
In 2005–2006 nationwide family and health survey report, the lowest domestic violence prevalence rate was reported by women of Jainism religion (12.6% of women), the highest by women of Buddhist religion (40.9%).[Domestic Violence]
NFHS-3, Government of India, pp. 498–500, Table 15.1 The same report also states that the frequency and intensity of domestic violence experienced was lowest among Jain women who had ever been victims of such violence.[
]
Dynamics
According to Unicef
UNICEF (), originally called the United Nations International Children's Emergency Fund in full, now officially United Nations Children's Fund, is an agency of the United Nations responsible for providing Humanitarianism, humanitarian and Devel ...
's ''Global Report Card on Adolescents 2012'', 57% of boys and 53% of girls in India think a husband is justified in hitting or beating his wife.
Patriarchal social structure
There are three main aspects of the patriarchal
Patriarchy is a social system in which positions of Dominance hierarchy, dominance and Social privilege, privilege are primarily held by men. It is used, both as a technical Anthropology, anthropological term for families or clans controll ...
household structure in India that affect women's agency: marriage, active discrimination by means of abuse (marital or extramarital), and diminished women's agency through limited economic opportunity through stifled opportunity for independence. In all these dimensions, there is a clear relationship between strong patriarchal familial structures and limited capabilities and agency for women, which are strongly correlated with causal factors for domestic violence such as gender
Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures u ...
disparities in nutritional deprivation and a lack of women's role in reproductive decisions.[
]
Dowry system
Domestic violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
often happens in India as a result of dowry
A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment b ...
demands. Dowry
A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment b ...
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 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.
Under-reporting of domestic violence
According to Shalu Nigam, the Criminal Law Amendment Act 1983 Section 498A "criminalized cruelty within a marriage." However, many women who filed cases under section 498A of Indian Penal Code end up getting revictimized in the process. Domestic violence was often not handled as a legitimate crime or complaint, but more of a private or family matter while negating the rights of women as citizens. Myth and misogyny operate while implementing the law. But now this trend has changed. Section 498a introduced to protect women from Domestic Violence.
Caste, class, religious bias and race also determine whether action is taken or not. For example, poor or lower-caste females do not have the same access to legal enforcement or education and often have trouble getting help from law enforcement.
Other
Other factors outside culture that demonstrate differences in domestic violence prevalence and gender disparities in India include socioeconomic class, educational level, and family structure beyond the patriarchal framework. A 1999 study published by the American Journal of Epidemiology identified so-called “stress factors” that are critical to understanding varying rates of domestic violence in other scopes outside of region-specific factors. These stress-related factors within the household include low educational attainment, poverty, young initial age of marriage, having multiple children
A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...
, and other limiting engendered development factors.
Effects
Women suffer many types of physical and emotional abuse
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
as a result of illegal actions taken within the private home, and those who have experienced some form of domestic violence tend to have greater long-term mental disorders and drug dependencies than those who do not. In India, reducing domestic violence is imperative not only from an ethical and human rights perspective but also because of obvious instrumental and immediate health benefits that would be gained from such reduction.
Health
Serious health problems often result from physical, emotional, and sexual forms of domestic violence.[ Physical health outcomes include: Injury (from lacerations to fractures and internal organs injury), Unwanted Pregnancy, Gynaecological problems, STDs including HIV, Miscarriage, Pelvic inflammatory disease, Chronic pelvic pain, Headaches, Permanent disabilities, Asthma, Irritable bowel syndrome, Self-injurious behaviours (smoking, unprotected sex)][Domestic Violence Against Women and Girls]
UNICEF (2000) Mental health effects can include depression, fear, anxiety, low self-esteem, sexual dysfunction, eating disorders, obsessive-compulsive disorder, or post traumatic stress disorder.[ Fatal effects can include suicide, homicide, maternal mortality, or HIV/AIDS.][
Negative ]public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the det ...
consequences are also strongly associated with domestic violence.[ Social and economic costs have been identified as direct results of these public-health consequences, and it is argued that these justify state action to act in the interest of the public to reconcile these costs (specifically including costs such as worker earnings and productivity, public healthcare, and costs associated with the criminal justice system).][Domestic violence in India]
, ICRW (2000)
Women's agency
The act of domestic violence towards women is a human rights violation
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hum ...
as well as an illegal act under Indian law
The legal system of India consists of civil, common law and customary, Islamic ethics, or religious law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in ...
. It is therefore widely considered a threat to women's agency through any lens, and there is a growing recognition in many Indian regions that the nation can reach a higher potential through obtaining greater social and economic capital than by reducing women's participation in society. Domestic violence is one of the most significant determinants of this denial. Greater gender equality through greater women's agency cannot be achieved if basic health needs are not being met and if cultural biases that allow for domestic violence in India persist.[
]
Legal efforts
New sexual violence legislation
On 19 March 2013, the Indian Parliament
The Parliament of India ( IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the ...
passed a new law with the goal of more effectively protecting women from sexual violence
Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, or act directed against a person's sexuality, regardless of the relationship to the victim.World Health Organization., World re ...
in India. It came in the form of the Criminal Law (Amendment) Act, 2013
The Criminal Law (Amendment) Act, 2013 (Nirbhaya Act) is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code ...
, which further amends the Indian Penal Code, the Code of Criminal Procedure of 1973, the Indian Evidence Act of 1872, and the Protection of Children from Sexual Offences Act, 2012
Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The Parliament of India passed the ''Protection of Children Against Sexual Offences Bill (POCSO), 2011 regarding child sexual abuse on 22 M ...
. The law makes stalking
Stalking is unwanted and/or repeated surveillance by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitoring them. The ter ...
, voyeurism
Voyeurism is the sexual interest in or practice of watching other people engaged in intimate behaviors, such as undressing, sexual activity, or other actions of a private nature.
The term comes from the French ''voir'' which means "to see". A ...
, acid attacks and forcibly disrobing a woman explicit crimes for the first time, provides capital punishment for rapes leading to death, and raises to 20 years from 10 the minimum sentence for gang rape and rapes committed by a police officer. The new law doesn't address marital rape
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic vi ...
, rape committed by the armed forces or rape against men.
Conservative lawmakers and anti-women's rights supporters still claim that the higher age of consent could results in abuses and wrongful arrests in statutory rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual ...
in spite of the high incidence of unreported or reported cases of sexual abuse that warrants such laws. According to a 2012 United Nations report, 47% of Indian women marry younger than 18 (the legal marriage age is 21 for men and 18 for women).
Gender discrimination under law
The domestic abuse laws are claimed to be discriminatory against men by anti-feminists. In particular, Section 498A, the act that criminalizes cruelty against women by husband and his relatives, has been used by anti-feminists in their arguments to justify removing any legal penalty against criminals. Men's rights activists such as the "Save the family foundation" in India argue that the law is often misused by women. However, a 2012 report on Section 498A from the Government of India found that the empirical study did not establish any disproportionate misuse of Section 498A as compared to other criminal laws. Even though misuse of Section 498A was not established, more recently the Supreme Court came out with directives that every complaint received by the police under Section 498A must be referred to a Family Welfare Committee before the police can arrest the perpetrator.
More glaringly, the law only offers reliefs to women. Men in India cannot avail of a similar legal remedy to protect themselves from domestic violence from either men or women. For men, even a simple relief of having a male or female aggressor stay away from them (a restraining or protection order) is not afforded by the current law.
But in 2016 this discrimination was removed by supreme court itself. The bench of Justices Kurian Joseph and Rohinton F Nariman ruled on 6 October 2016 (Thursday) that this provision frustrated the objective of the legislation since "perpetrators and abettors of domestic violence" can be women too. The words "adult male" has been struck down from the domestic violence act. However this new definition still did not include men as victims and was later changed back to the original.[https://indiankanoon.org/doc/582753/ ]
See also
NCW to review the protection of domestic violence act
* Rape in India
Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 20 ...
* Honor killing
An honor killing (American English), honour killing (Commonwealth English), or shame killing is the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honor of t ...
(see detailed section on India)
* Dowry death
Dowry deaths are deaths of married women who are murdered or driven to suicide over disputes about dowry. Dowry deaths are found predominantly in India, Pakistan, Bangladesh, and Iran.. Around 87,000 women were killed around the world last year ...
(see detailed section on India, at start of article)
* Bride burning
Bride burning is a form of domestic violence practiced in countries located on or around the Indian subcontinent. A category of dowry death, bride-burning occurs when a young woman is murdered by her husband or his family for her family's ref ...
* Women's health in India
Women's health in India can be examined in terms of multiple indicators, which vary by geography, socioeconomic standing and culture. To adequately improve the health of women in India multiple dimensions of wellbeing must be analysed in relat ...
* Feminism in India
Feminism in India is a set of movements aimed at defining, establishing, and defending equal political, economic, and social rights and opportunities for women in India. It is the pursuit of women's rights within the society of India. Like t ...
Protection of Women from Domestic Violence Act, 2005
* Domestic violence in Pakistan
General:
* Violence against women in India
Violence against women in India refers to physical or sexual violence committed against a woman, typically by a man. Common forms of violence against women in India include acts such as domestic abuse, sexual assault, and murder. In order to be ...
* Crime in India
Crime in India has been recorded since the British Raj, with comprehensive statistics now compiled annually by the National Crime Records Bureau (NCRB), under the Ministry of Home Affairs (India) (MHA).
In 2021, a total of 60,96,310 crimes, co ...
* Social issues in India
A social issue is a problem that affects many people within a society. It is a group of common problems in present-day society and ones that many people strive to solve. It is often the consequence of factors extending beyond an individual's cont ...
* Dowry system in India
The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is referred to dahez in Hindi and as ''jahez ...
* Female foeticide in India Female foeticide in India ( hi, text= भ्रूण हत्या, translit=bhrūṇ-hatyā, translation=foeticide) is the abortion of a female foetus outside of legal methods. A research by Pew Research Center based on Union government data in ...
* Gender inequality in India
Gender inequality in India refers to the health, education, economic and political inequalities between men and women in India.
* Gender pay gap in India
Gender pay gap in India refers to the difference in earnings between women and men in the paid employment and the labor market. For the year 2013, the gender pay gap in India was estimated to be 24.81%. Further, while analyzing the level of female ...
* Men's rights movement in India
The men's rights movement in India is composed of various independent men's rights organisations in India. Proponents of the movement support the introduction of gender-neutral legislation and repeal of laws that they consider are biased again ...
* National Commission for Women
The National Commission for Women (NCW) is the statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting women. It was established on 31 January 1992 under the provisions of the I ...
* Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of Parliament, Act of the Parliament of India enacted to stop female foeticides and arrest the declining sex ratio in India. The act banned prenatal sex determinati ...
* Rape in India
Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 20 ...
* Sexism in India
* Welfare schemes for women in India Under Article 15(3), the Constitution of India allows for positive discrimination in favor of women. The article, under right to equality, states that: "Nothing in this article shall prevent the State from making any special provision for women and ...
* Women in agriculture in India
* Women in India
The status of women in India has been subject to many changes over the span of recorded Indian history. Their position in society deteriorated early in India's ancient period, especially in the Indo-Aryan speaking regions, and their subordinat ...
* Women in Indian Armed Forces
All wings of the Indian Armed Forces have women in combat roles. Women are allowed in combat services and supervisory roles (as officers). Indian Air Force had 13.09% and 8.50%, Indian Navy 6% and 3% women, and Indian Army 3.80% and 3% in Dec ...
* Women's Reservation Bill
The Women's Reservation Bill or The Constitution (108th Amendment) Bill, 9 th March, 2010, is a bill passed in the Parliament of India which says to amend the Constitution of India to reserve 1/3 of all seats in the lower house of Parliament of ...
* Women's suffrage in India
The Women's suffrage movement in India fought for Indian women's right to political enfranchisement in Colonial India under British rule. Beyond suffrage, the movement was fighting for women's right to stand for and hold office during the colonia ...
References
{{Domestic violence
Violence against women in India
Marriage, unions and partnerships in India