Domestic violence is one of the gravest and the most pervasive of human right violations in India. Most victims of domestic violence are women. They come from all social and economic backgrounds. Domestic Violence happens within the family – it is a way of controlling another person. Victims of domestic violence suffer physical injury, live in fear in and of their homes, and have no power over their lives.Yet, there is very little by way of response from the community or the state received over the years. For this crime is looked upon as a personal matter, not withstanding the fact that for large number of women this personal matter translates into a life along “adjustment” with torture, both mental and physical. For many, this adjustments end only with the loss of their lives.
Marriage vows under any culture involve promises to love, cherish and protect. And yet even as you read this, there are thousands of women who are being battered and beaten by their husbands. Here is another incident of domestic violence, which probably will land up being one of the thousands of physical and mental abuse of women stories occouring practically every hour in our so called “matrabhoomi”. One of our family friend’s daughter had filed a domestic violence case against her husband about a year ago. Hers was a love marriage against her family’s will, but her family finally gave in since she is their only daughter. All seemed to be going well, until her husband started coxing her to ask money from her family so that he could pay for his Australian Resident Visa procedure and formalities. The whole procedure was costing him around Rs. 35 Lakhs, as per his visa consultant. Since he and his family could not afford this huge amount, he started pressureing his wife to get it from her family.
At first she resisted, but later gave in her husband’s wishes since he promised to re-pay her parents as soon as starts earning in dollars. Her family gave them the money without any hitch. They sold their ancestral land and took some loan from their relatives. This somehow did not satisfy her husband greedy needs. It was just the beginning, after that he repeatedly asked for more money (all for the visa and other procedures for migrating). Whenever she would resist or deny his demands, he would abuse her and her family verbally and at times even physically torment her. His family, never questioned their son’s actions and at times even joined him in his evil plots. Finally, one day she left her husband’s home and went back to her family.
Her father met his son-inlaw many times and tried his best to resolve the situation but he only got more abuse and insults in return. So finally the girl filed for divorce and domestic violence against her husband and in-laws. But what I heard yesterday completely shocked me. The girl and her family apprantly have withdrawn the case and she has returned back to her husband. Now this action was not prompted by her husband realisation of his mistakes, BUT because her family yet again gave in his monetary demand. They paid him by selling their 4 bedroom flat and breaking their saving bonds. She and family decided to go ahead with this cause they could not bear the society pressure and thought that the whole courtroom process would further tarnish their family image among their people.
This step taken by the girl has some what shaken my faith in so called “women-power”. Till now I thought that such cases mostly happened among the un-educated class, since they are un-aware of the provisions made by women NGOs, activists and the government, but I was so very wrong. What is the use of “women-education”, if we are still going to land up with such results. What sort of example are these educated women setting for the younger generation and most importantly for the women in similar situation. Wife beating is deeply entrenched even in educated society. It is accepted as a man’s right and a woman’s due. There are certain communities in which it is an acceptable fact of existence. Neighbours, relatives, even other family members don’t so much as raise an eyebrow, let alone frown upon it.
In general, society holds the view that if a man is battering his wife, she must have done something to provoke his ire. Such provocation could include anything from laxity in doing the housework, failing to respect the husband or questioning his authority. All of these are transgressions for which she must be strictly disciplined. This is in consonance with the belief that the man is the head of the family and that it is his right and privilege to beat his wife to establish his authority over her. Beating one’s wife is looked upon as a method of ensuring social control. There is also a certain belief that a woman must be beaten up from time to time just to keep her in line.
Some Information on Domestic Voilence Laws in India -
It is becoming increasingly clear that domestic violence is rampant in the country. Surveys conducted in the last few years underline that women, cutting across economic, social, educational, religious or geographic lines, face violence at home. A study carried out by the International Centre for Research on Women in 2004 found that 40 per cent of Indian women faced some form of domestic violence. Even more shocking is this, The National Family Health Survey of 2002-03 found that 56 per cent of women thought that the beatings were justified.
Domestic violence was first recognised as a criminal offence in 1983 with the introduction of Section 498 A into the Indian Penal Code. Under Section 498-A of the Indian Penal Code, beating, mental or physical torture or general cruelty to a wife by her husband and his relatives is a non-bailable offence. However this law only had a limited ambit, since it dealt only with cruelty by the husband and his family towards a married woman.
But there has been a break-thru recently. A landmark Bill to protect women from all forms of domestic violence and check harrassment and exploitation at the hands of family members or relatives was unanimously passed by the Lok Sabha in August, this year.
Domestic Voilence Bill 2005, is the result of a decade-long campaign by women’s groups, social and legal bodies and NGOs for a civil law against domestic violence. The new Bill not only recognises an old position — that violence, actual or threatened, is not just physical maltreatment, BUT can be sexual, verbal or psychological abuse as well. It covers women in marriages and live-in relationships, and those living in a shared household related by “consanguinity or adoption”. The new Bill also gives a victim the right to residence and access to a protection officer, who is answerable to the courts.
Campaigners against domestic violence see the Bill as a major moveforward. All these years, the law ignored the issue of domestic violence, which meant that victims had three options to follow. They could go in for a divorce, file criminal proceedings, or put up with violence. Most chose the last option. Whereas the new Bill has a lot to offer women — it provides for compensation, promises relief and assures protection. This bill also allows any person to give information in good faith about domestic violence without any civil or criminal liability. This will help in situations where the aggrieved woman is unable to reach for help. The information is to be given to a police officer, protection officer, a notified service provider (NGO) or magistrate. They, in turn are expected to brief the aggrieved woman of her right to seek shelter, home, legal aid, medical services, or file a complaint under section 498A of the Indian Penal Code.
Still Long Struggle Ahead -
Even though the new bill appears as the bright sun of light for many unfortunate women in our country, there is still a long road ahead in respect to proper implemenation of the law. The biggest challenge being to unwrap the silence that covers domestic violence. Sadly, even today some women themselves don’t question their husband’s violence against them. In India, especially, most systems are still so woefully patriarchal, that there is no room for an egalitarian concept like respect for a woman. It is important to make them understand that once violence begins, it will continue to escalate if they don’t protest against it or if they bears it meekly. Hoping that violent behaviour ends and that the husband sees the error of his ways is not the solution.
The family is the basic unit of society. And yet nowhere the dignity, safety and security of a woman more in danger than within the four walls of her home. It is no use fighting for safe streets if women feel threatened in the place where they ought to feel the safest. A society that cannot provide its women enough security to live fearlessly within their own homes can only portend a dangerous world.
(Disclaimer – the above info has been gathered from various sources. Some of the sources are listed below-)
1.Domestic Violence Issue - The Delhi Commission for Women
2.Voilence against women – Raghvendra Singh Raghuvanshi
3.Indian Cabinet approves domestic violence bill – Info India
Here is an interesting article that talks in details about the implemenation problem faced by the Domestic Voilence Bill 2005.
wanting to scream out loud, hoping that so-called “TV gurus†would hear our plead one day. This entry was posted on Friday, October 28th, 2005 at 9:02 am and is filed under Lists, Humor, India. You can follow any responses to this entry through theRSS 2.0 feed. You can leave a response, or trackback from your own site. 46 Responses to “The old “idiot†box…†sowmya Says: October 28th, 2005 at 12:08 pm First time here. Your post took me through a nostalgic journey down DD lane. Indeed the
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