Legal response to domestic violence in India: challenges and reforms

This article is written by Payal Singh, a Second Year law student at S.S. Khanna Girls’ Degree College, University of Allahabad.

ABSTRACT:

Domestic violence is one of the most important and crucial topics to discuss. At present, women are subjected to various forms of abuse, which causes mental and physical problems. Domestic violence also affects the socio-economic condition. Our government is taking various steps to protect women and enacting various laws, these include establishing various helplines, support systems etc. This article discusses various legal responses and methods to protect women in our society. It will also discuss the legal framework of domestic violence. In our society some people think that domestic violence is a private matter and no one should be allowed to intervene between intimate partners. The legal framework of domestic violence has significantly evolved over past years, specifically the laws related to protecting the victim and establishing justice in society. This article examines the various forms of domestic violence, cause and impacts of domestic violence and its constitutional and legal framework.

The judiciary plays an important role in providing justice to the victims and finally it suggests reforms aimed at strengthening protection and improving implementation mechanisms etc. This article concludes by examining a comprehensive legal framework and societal reforms are very essential to ensure meaningful protection against domestic violence.

KEYWORDS: Domestic violence, victim protection, women’s right, constitutional rights, legal reform.

INTRODUCTION:

Domestic violence is a very serious crime. It directly affects the human right to live with dignity. In our society, domestic violence affects people across all social and economic background. There are various social issues that can arise due to domestic violence such as disturbance, cruelty, and bad education. Domestic violence does not only affect the intimate partners but also affect the life of their children. It causes poor mental health to children’s and sometimes affects the physical health of the children. It also affects the economic condition of the family. The women are affected the most and sometimes it can lead to death also.

Domestic violence is not limited to physical abuse but it also includes to emotional, psychological abuse, sexual, verbal and economic abuse. The legal intervention is very essential in today’s society because patriarchal attitude and unequal power relations often contribute to domestic violence.

Male dominance is very harmful for our society because it can lead to destruction of the family. Our government is taking various steps to help women and trying to protect their rights. This article critically examines the challenges and reforms toward domestic violence and examines legal measures and suggests reforms to strengthen the protection of victims.

MEANING AND CONCEPT OF DOMESTIC VOILENCE:

Domestic violence refers to violence and abuse that occur within the family and domestic relationship. It is not limited to physical assault but it can also refer to emotional, sexual or economic abuse. Domestic violence can happen to anyone like spouses, intimate partners etc. living in the same family.

Domestic violence is considered as a private matter in which no one can interfere not even laws. however, today’s world is developing day by day. Today domestic violence is considered as a violation of human rights to live with dignity, equality, and security. Domestic violence not only causes physical abuse but it can lead to trauma and depression which can cause mental illness and long-term psychological harm.

CAUSES OF DOMESTIC VOILENCE:

There are various causes of domestic violence some of them are as follows:

1. PATRIARCHAL MINDSET: one of the major causes of domestic violence is patriarchal structure of society, where men are considered more important and superior to women. Traditional people think that men should run the family and women are born to obey their command and decision which is considered as unequal in nature.

When women refuse to do according to them, some individual resort to violence to assert dominance.

• GENDER INEQUALITY: gender inequality can lead to discrimination against the women because women are treated unequally in education employment, and mostly in decision making. Unequal power between men and women often creates an environment where domestic violence is tolerated or ignored.

• DOWRY: the dowry system is prohibited in India but at some places dowery is practiced more often. The family of higher class demand a large amount of dowery from the women’s family to satisfy their needs and sometimes their greed. Because of these women face various problems within the family such as harassment, physical violence or emotional abuse and it can lead to serious injuries and sometime can cause death also.

• ALCOHOLISM: the excessive consumption of alcohol or drugs can lead to reduction of self-control. The intoxicated person can become more aggressive and violent in family disputes. However, alcohol itself is not harmful but rather it can intensify abusive behavior that already exists.

• LACK OF EDUCATION AND AWARENESS: lack of education and awareness can lead to domestic violence because it often prevents victims from seeking help. Some people are not aware of their legal rights and are unable to seek remedies available to them under the law.

• CHILDHOOD EXPOSURE TO VOILENCE: children who grew up in violent household may believe that violence is a normal way of resolving conflicts. As adult some become of victims of domestic violence because they have exposed to abusive behavior from an early age.

LEGAL FRAMEWORK IN INDIA

Domestic violence is not only a social issue but also a legal issue which requires protection and remedies. India has introduced various laws to prevent domestic violence, protecting victims and providing punishment. these laws are supported by the constitutional provisions and judicial decision that establish equality and provide right to live peacefully. Legal framework was established to protect the rights and ensuring accountability to the offenders.

PROTECTION OF WOMEN FROM DOMESTIC VOILENCE ACT ,2005

Before this act was enacted the victims were treated based on criminal laws which focuses on punishing the offenders but doesn’t provide immediate remedies and protection such as maintenance, residence etc.

The objective of this act is to protect the women from all domestic violences and ensure the right to live in violence-free home.

There are also some constitutional provisions that protect the rights of the victims such as:

• ARTICLE 14: this article guarantees equality before the law and equal protection of laws.
• ARTICLE 15: this article provides state with the power to allow them to make special provision for women.
• ARTICLE 21: this article provides right to life and personal liberty which includes right to live with dignity, safety, and freedom from violence.
• ARTICLE 39A: directs the state to provide equal justice and free legal aid, ensuring that victims can access the legal system regardless of their financial condition.

Although the protection of women from domestic violence act 2005 provides comprehensive and immediate remedies it also includes delays in judicial proceedings and lack of awareness and education which is also harmful for our society because it can lead to delay in justice and inequality.

ROLE OF JUDICIARY IN DOMESTIC VOILENCE

The judiciary plays vital role in providing justice to the victim and safeguarding constitutional rights. Judgments have provided by the judiciary expanded the scope of legal protection and clarify the provisions of protection of women from domestic violence act 2005 and held that every individual has a right to live his life with dignity and freedom from violence.

1. One of the main functions of the judiciary is to protect the victims. Courts provide a lot of remedies for the wellbeing of the victims and ensure the safety and security of victim while the legal proceedings is ongoing.
2. The judiciary aims to interprets the statutory provisions whenever there is uncertainty or ambiguity in the law.
3. The judiciary has consistently held that domestic violence violates the constitutional right of the victims guaranteed under article 14,15,21 that includes right to live with dignity, safety and freedom from abuse.
4. Judiciary provides immediate relief to the victim who were suffering from domestic violence and these remedies help to reduce the immediate impact on domestic violence.

 legal landmark judgement:

• S.R BATRA V. TARUNA BATRA (2007):in this case supreme court had held that a women cannot claim a right to reside in a property owned by her husband’s relative unless it qualifies as a shared household under section 2(s) of PWDVA. This safeguards women from being rendered homeless after marital disputes. Some legal scholars have argued that this decision raises practical concerns regarding property rights of in-laws particularly where properties are owned by them.

●      HIRAL P. HARSORA V. KUSUM NAROTTAMDAS HARSORA (2016):

The judgement significantly expanded the scope of protection of women from domestic violence act 2005 by removing the words adult male from the definition of respondent, this ensured that complaints could also be filed against female relatives such as mother- in- law or sister- in- law when they were responsible for domestic violence. Some critics argued that judgement may increase ethe possibility of multiple family members being involved in litigation, which could complicate family disputes.

• SATISH CHANDRA AHUJA V. SNEHA AHUJA (2020): recognized a

women’s right to reside in a shared household even if she does not own the property. This case overruled the narrow interpretation given in the case S.R BHATRA.

Challenges in implementation of domestic violence laws:

• one of the greatest challenges of domestic violence is that many incidents remain unreported. Many victims were encouraged to remain silent to preserve family honor. This creates a significant gap between the actual incident and the officially recorded cases.

• Deep-rooted patriarchal system continues to influence the society because some people think that it is a private matter rather than violation of legal rights. Legal protection alone cannot change the thinking of their mind without broader social awareness and gender equality.
• Delays in judicial proceeding: justice delayed is justice denied and may weaken the effectiveness of the legal remedies.
• Lack of awareness
• Inadequate implementation mechanism.
• Misuse of legal provisions

SUGGESTIONS AND REFORMS:

the following reforms can strengthen the legal response to domestic violence and ensure better protection for victims:

• The government should ensure the protection and maintenance of the victims and provide legal aid service.
  • Regular monitoring should be conducted to evaluate the effectiveness of these services
  • The delays should be avoided. Justice delayed can weaken public confidence in the legal system. Speedy justice is essential to protect victims from suffering
  • Professional training reduces bias and ensures that victims are treated with dignity and respect throughout the legal processes
  • Economic empowerment is also important to enhance the ability to make independent decisions.

GOVERNMENT INITIATIVES:

• One stop center scheme known as Sakhi was launched to provide integrated support to women affected by violence.
  • The woman helpline (181) provides immediate assistance to woman facing voilence or distress.
  • The legal Service Authorities Act,1987 ensures the eligible women can receive free legal assistance through legal service authorities
  • Shelter homes provide immediate assistance in accommodation, food, medical care etc.
• Awareness programs are also conducted to educate the women in our society and provide immediate protection.

CRITICAL ANALYSIS

Government has taken various steps the strengthen India’s response to domestic violence by providing legal, medical, psychological, and financial support to victims. however, the success of these initiatives depends on adequate funding, trained personal coordination among institution and widespread public awareness. Continuous monitoring and evaluation are necessary to ensure that these programs achieve their intended objectives.

CONCLUSION

Domestic violence is one of the most serious challenges to human rights. It affects the mental, psychological, physical health of the women which can lead to danger and death also. PROTECTION OF WOMEN FROM DOMESTIC VOILANCE ACT,2005 marked a significant changes step toward protecting lives. The traditional thinking also plays a very important role in this because it can lead to large amount or destruction. landmark judicial decision has further expanded the scope of the law and reinforced the principals of equality, dignity and justice.

Despite various legal developments there are various challenges that came across the path of justice such as social stigma, patriarchal attitude, under-reporting of cases, delays in judicial proceedings often prevent victims from obtaining effective remedies. Ultimately, creating a society free from domestic violence requires not only strong laws but also a collective commitment to equality, dignity, respect, and justice.