Essay Increasing Crime Against Women
But the private sphere cases are the main for which there was a need for a law.
A husband wife relation comes under the private sphere and the cases of domestic violence happening there were unaccounted for and the bulk of the cases of domestic violence happen in homes.
It starts with discussing the meaning and different definitions of Domestic Violence in India and abroad.
This is followed by categorizing the acts of domestic violence into Emotional, Physical, Sexual, Financial and Culture-based abuses.
This paper ends with the analysis of the shortcomings and various case-laws of the PWDVA and looks into the working of the Act till date.
“I object to violence because when it appears to do good, the good is only temporary.
All these acts have long lasting effects on the victims as repetitive abuse and taunts plays with their mind and they start thinking that they are the source of problems. Physical abuse is the most common type of domestic violence and it can be done easily by both the genders.
Traditionally men are thought to be physically stronger, so in most of the cases, the victims of this type of violence are women. This includes the intentional use of physical force against the other party.
This includes restricting the victims accounts, accounting for each and every cent the victim spends, preventing from working, stealing victim’s salary etc.
The evil it does is permanent.” – Mahatma Gandhi Millions of people may immediately relate to this quote.
Domestic Violence has no universally accepted definition but it cuts across all religions, castes, ethnic groups, backgrounds and countries and is a global phenomenon.
At International level, under the United Nations Model Legislation passed by the UN Commission on Human Rights in the year 1996, domestic violence is defined as- ‘All acts of gender-based physical, psychological and sexual abuse by a family member against women in the family, ranging from simple assaults to aggravated physical battery, kidnapping, threats, intimidation, coercion, stalking, humiliating, verbal abuse, forcible or unlawful entry, arson, destruction of property, sexual violence, marital rape, dowry or bride-price related violence, female genital mutilation, violence related to exploitation through prostitution, violence against household workers and attempts to commit such acts shall be termed as ‘domestic violence’.
Taking its essence from this definition, the legal definition of domestic violence used in India, mentioned in the Protection of Women from Domestic Violence Act (PWDVA), 2005, is – Section 3- For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it – (a) 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 (b) 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 (c) 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 (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.