In India, where women are considered to be highly esteemed, we found many examples of violence against women. Nearly every home witnesses some form of domestic abuse, wherein women suffer verbal abuse, sexual violence, physical abuse, emotional abuse and economic abuse etc.
Women have been repeatedly victimized and usurped throughout human history with the aim of establishing tyranny over them, and in order to maintain a patriarchal social structure, this type of exploitation is increasing day to day and commonly accepted as a norm.
Women are being deprived of their individuality and treated like a commodity. This is a serious Human Rights violations and difficult to contest because there is no witness to such crimes . Lack of awareness, low literacy level, poverty, gender disparity, patriarchal attitude, drug addiction, extra- marital affairs and dowry system are the most contributing factors responsible for domestic violence in India.
According to National Family Health Survey, 2019-2021, 29.3% of married Indian women between the ages of 18 and 49 have experienced domestic/sexual violence and this is only the data of cases reported by women whereas large number of cases goes unreported due to various reasons like lack of literacy, societal and family pressure, lack of trust on police etc.
National Crime Record Bureau released the latest data in 2022 which states that crime against women rose by 15.3% in 2021 from the previous year. Report also shows that the rate of crime against women increased from 56.5% in 2020 to 64.5% in 2021. Majority of the cases falls in the category of ‘ cruelty by husband or his relatives’.
Last year in 2022 National commission for women registered over 6900 complaints in the ‘protection of women against domestic violence’ category. The maximum complaints fell under three categories to secure the right to life with dignity (31%), protection of women against domestic violence (23%), and matters of harassment of married women including for dowry (15%).
From time to time Indian government took initiatives towards elimination of domestic violence against women. National commission for women established in 1992, National Human Rights Commission established in 1993, Beti Bachao Beti Padhao scheme introduced in 2015, Swadhar Greh Scheme introduced, One Stop Centre and Universalization of Women Helpline launched to offer assistance to women who have experienced any form of violence and to connect them with the appropriate agencies, including the police, One-Stop centers , hospitals, legal services etc.
Legal Protections Towards Domestic Violence In India:
1. Section 326 B of Indian penal Code for attempted acid attacks wherein penalty of minimum 5 years in prison and maximum upto 7 years.
2. Section 313-316 IPC 1860 deals with female infanticide , where forcing wife to terminate her pregnancy will come under domestic violence.
3. Section 498-A IPC deals with cruelty by a husband or his family towards a married women.
4. Dowry Prohibition Act, 1961 sets strict guidelines for punishing and preventing violence against women resulting from dowry.
5. Pre- conception and Pre- natal Diagnostic Techniques Act 1994 attempts to end female foeticide.
6. Protection of Women From Domestic Violence Act 2005 to safeguard women’s rights and dignity and prevent them from falling victim to abuse or various kinds of domestic violence.
7. Medical Termination of Pregnancy Amendment Act 2021 guarantees universal access to safe and legal abortion process .
Despite all of the measures that introduced by Indian Government to protect women from domestic violence it continues to exist. Laws must be adequately enforcement by the police and judiciary. Domestic Violence must be addressed for the greater welfare of the society because it has a negative impact not only on the well being of women, but also on the entire family. However few measures may help in addressing this issue like:
Raising public awareness on domestic violence, A Special Court with a women judge in each District to deal with domestic violence cases, proper education, more stringent laws and its enforcement to protect rights and dignity of women, empowerment of women in all spheres with Special emphasis on economic empowerment and coordination among Government, NGO’s , public and other institutions.