INTRODUCTION

Women constitute about one half of the global population, but they are placed at various
disadvantageous positions due to gender difference and bias. They have been the victims of
violence and exploitation by the male dominated society all over the world. Ours is a tradition
bound society where women have been socially, economically, physically, psychologically
and sexually exploited from time immemorial, sometimes in the name of religion, sometimes
on the name of pretext of writings in the scriptures and sometimes by social sanctions. The
concept of equality between male and female was almost unknown to us before the enactment
of the constitution Where the women are held in reverence there do the gods reside, is an old
Sanskrit usage but discrimination and exploitation on the basis of gender constitutes a serious
issue which effectively means that half the human race is unable to realize its potential and is
condemned to sub-optimal standard of existence.

One the most serious impediment to women's developments is the phenomenon of continuing
and increasing violence against them. Gender based violence women crosses: all cultural
religious and regional boundaries is major problem in every country. A central theme for the
women's movement all over the world has been violence against women both in their homes
and outside. This is directly linked to their unequal position in a patriarchal society. It
constitutes a serious. violation of women's human rights and fundamental rights.

Gender violence manifests itself in various forms- female foeticide and infanticide, sexual
harassment at work place, marital ripe, domestic violence in the form of wife assault and
women battering. All forms of violence that women face remains the least reported and
largely suppressed.

Discrimination continues by way of access to adequate food, prompt medical facilities,

burden of household, lack of education and consequent lack of awareness and empowerment
and imparting of skill. Vulnerability is further compounded by early marriages, early child
consequences of the same on bearing the and the disastrous health of women. The
reproductive age is, for a lot of women punctuated with physical, mental and emotional abuse
by their husbands, millions of Indian women face severe harassment due dowry demands and
many are victims of homicide and are even suicide. However, it has been established beyond
doubt that domestic violence is probably one of the endemic forms of violence against
women throughout the world to unfulfilled
Domestic violence occurs within the frame work of intimate relationship in a situation of
dependency making reporting and access to legal aid and other support services difficult. It is
perceptions rampant amongst general public bureaucracy, judiciary and other agencies of that
state that domestic violence is part of the normal wear & tear of marriages, this issue can be
sorted out within the four walls of the house. However, change in society is not for better,
domestic violence against women are showing rising trend so much so that every day the
columns in newspaper are full of reports of abuse of children and women and death of
women as suicide committed for not fulfilling the greedy demands of the husband and their
relatives.

Before the enactment of The Protection of Women from Domestic Violence Act, 2005, we
did not have any separate legal provision relating to domestic violence, we had to rely upon
Penal Code for the protection of women against domestic violence. This kind of violence has
certain special intractable characteristics because it is perpetrated in the privacy of the house.
The victim is more vulnerable and the remedy is more difficult. The abused wife and children
usually depend on their assailant for food, shelter and ever for their identity.

The National Commission for women recommended a domestic violence legislation for our
country providing for protection to the domestic violence victims.

Woman is treated as a second-class citizenry. They are in back seat far form men. Though the
half world's population is woman still they suffer ever today. The Convention on the
Elimination of All forms of Discrimination Against Women, 1979, is main foundation of
rights in respect to women to which 166 countries including India are member till date. The
convention inter alia recognized that the discrimination against women in same area hyper
growth and detrimentally society at have given the women, power in fields but particularly
torture, cruelty and harassment are concerned, the of & 3048 Indian Code dowry prohibition
Act, provisions. The law became failure it becomes necessity the special legislation perhaps
these grounds national & bounties the Indian government enact The Protection Violence 2005
making restrictive provisions errant for prohibiting harassment any violence against women
girls. enables wife female living in relationship complaint under proposed enactment against
relative of husband his male partner but does enable any relative of husband the male partner
to file complaint against partner.

Domestic violence may take many forms. The main categories emotional or psychological;
but this classification fairly crude endless variation within isolation, keeping woman without
money, locked deprived of or using abusing) children various systematic and belittling
comments. The physical violence may include slapping, punching, kicking, choking, butting,
beating, burning, pulling hair, pushing down stair and the frequent use of weapons of one sort
or another. According to some researcher’s physical violence, especially punches in the
abdomen are more. common during pregnancy many studies have identified sexual violence
as a recurrent aspect of violent relationship involving both vaginal and frequently. anal rape
penetration, is reported

There are different forms of violence are closely interlined in two senses:

1.Repeated physical or sexual assault are certain to have emotional psychological

deterioration, and psychological violence results consequences and in physiological.

2. It is unusual for any one form of violence to occur singly.

Despite of woman's traditional obedience we find lot of violence against her. The problem of
crime against women is not a new one, women has been victim of rape, husband beating,
murder, dowry, violence, etc. In the past too, women always suffer in silence, suffer from
physical and psychological abuse filled with terror and pain. They are very rarely assaulted
by the strangers on the streets. Most of them are victims in their own homes by men whom
they love. The marital relationship begins. with vows to love and honour each other but
results in violence.

Domestic Violence is not simply a legal problem which can be eradicated by appropriate
legal measures alone. It is very much a social & psychological problem and can be talked
adequately by bringing about fundamental changes in the social system and in the attitudes of
people towards women and children.
HISTORICAL PERSPECTIVE

The ancient Indian scriptures played prominent role in lowering the image of women in our
society. Menu, the ancient Hindu law giver equated woman with a slave and his laws
epitomizes complete submission of woman to man and they are still the sanctioned codes of
conduct ascribed for and by large accepted by women.

Religion has also deeply affected and grievously damaged the image of women in Indian
society. Adi Shankaracharya, the great founder of Hindu philosophy called women as "the
gateway to hell and poison in the shape of nectar." Western literature also abounds with
examples showing woman leading man to commit sin. The churchmen thought that eve led
Adam to sin and warned men "not to give thy soul to woman". Shakespeare said "frailty! Thy
name is woman" Alexander pope believed that "every woman is at heart a rake". Alfred
Tennyson went still further when he said," women for the health, men to command and
women to obey". Even the great thinker Aristotle deprived her of the right to the citizenship
because she certain qualities, she is naturally defective.

In sum, the Indian tradition is replete with evidences which show intermittent violence and
crimes against women on the pretext or the other that she is lazy, frivolous, lustful, vain,
touchy, unpredictable, unreliable and inferior. Man has always enjoyed absolute and
exclusive power over her and now looks her as a challenger to his hegemony, but chauvinism
can still be seen. In our society which is tradition bound and male dominated, woman is still a
second-class citizen. She is confined to domestic servitude, her movements are restricted, she
is given no freedom to choose her career or husband, she merges her identity with that of her
career or husband and consequently perceives herself as a subordinate person. The imposition
of restrictions starts in the family of orientation where she is born. As a result, she has to
adjust in the family off procreation.

POSITION OF WOMEN IN VEDIC PERIOD: - During the Vedic period woman enjoyed
a fair amount of freedom and equality. The Vedic period can best be termed as the period of
feminine glory and also of masculine sagacity and liberalism woman participated in all
spheres like men. They studied in Gurukuls and enjoyed equality in learning the Vedas. Girls
in higher societies were allowed to undergo Upanayana rite, great women like Gorge, Atreyi
Ghosa, Apala, Lopamundra Visvara, Indroni and Yani inter alia were accomplished in art,
music dance and even warfare. In Aitereya Upanishad the wife had been called companion of
husband In Rigveda, the wife has been blessed to live as a queen in the house of husband.
The word Dam Pati so often used in the Vedas characterises both wife and husband.
According to Macdonell and Keith this word. signifies the high status of women in ancient
India, man and women together performed religious duties, enjoyed and carried out other
functions. In Mahabharata the wife has been called. the root of Dharma, prosperity and
enjoyment. No man was allowed to perform religious duties without his wife. In Vedic period
there was no custom of purdah The woman had similar rights in their selection of life partner
in marriage, polygamy being rare, mainly confined to ruling class. The system of dowry was
also prevalent in royal and rich families through moveable gifts but it was not in the shape of
demand. The widow was allowed to marry again or could enter the recourse of Niyogi
(levirate) The Indus valley civilization recorded the start of worshiping earth or goddess apart
from these there were still some restrictions on the rights of women. The girls were classified
in two group.

The Bradavidin students, who donned the sacred thread constant reminder of the holy vows,
tend the fire and study Vedas.

The Sadio Vidhya Who was given these sacraments only symbolically and formally
immediately before their marriage. Man used to treat them as partner in looking after the
affairs of the Grihastha

The social structure in the Vedic period admitted the equality of women. Hymn XXI of the
Rig Veda extols the virtues of women as even greater than those of men. There is not one
verse, not even word indicating slighting humiliation or an insult for women in Vedas,
Instead, women are friends in life's journey, mentor, guide and partners in all fields. The
word…Devisukta Mantra (hymn) is found the greatest and at the same time the simplest
Exposition of the concept of divine energy as Shakti inherent in everything the god animals
and men and in the entire universe.

An original explanation of the process of creation is explained in Shiva Purana which

describes Brahma's creation of Shiva through his mind. It seems Brahma got tired of creating
the universe and requested Shiva to be born as his son. agreed and emerged from the mind of
brahma as a ball of fire in an androgynous form, half man and half woman. He created
woman out of himself. In his androgynous form as Ardhanarishvara, Shiva gets the credit for
establishing gender equality.
During Rig Veda, married woman enjoyed a place of dignity the new wife's position within
the joint family system was secure. The marriage ceremony presented the high status of the
bride. Wife was not an object of subjection in the new home, but was afforded an equal
status, indeed one of high importance. There is no trace in the Vedas that women were
secluded as inferiors during that period women did not go to Sabha. They were excluded
from political activities.

It is an interesting reflection on women's status in the Vedic age that woman could remain
unmarried and remain. Brahma- Vadnais devoted to the pursuit of knowledge and self-
realization or marry. Discussions on love between young men and women are often reported
in the Rig Veda, Girls could find a husband of their own choice. It had a spiritual connotation
meant to strengthen the social aspect, the mind, life breath and body of the couple. It could be
Brahma Viviana or Daiva Vivaha in both cases involving the selection of marriage partners
by their parents or Gandharva Vivaha choosing each other, marriage was regarded as such a
noble institution that there is no mention of divorce.

An omen was considered a symbol of good fortune in the husband is home she could perform
Yajna herself or along with her husband. Bond of marriage have been so strong that even
when a man performed the Vanaprastha or life for the forest, as stated in the Atharvaveda
Samhita he was supposed to take his wife along.

Besides being a wife, the most important role for a woman. was that of a mother.
Conceptually Prithvi (earth) Aditi, Usha and Ratri, all have the status of mother and the
Vedas underline their qualities of comfort and support, which epitomizes maternal care.
Motherhood was recognized as a fundamental right of a woman.

As for as the task of woman and her employment were concerned. She was supposed to be
educated in astrology, geography and veterinary sciences and even the martial arts. There are
instances of woman taking part in wars and fights. It was also their responsibility to look after
the household animals and their products. During the period of the Samhitas, women made
cloth on the hand-loom at home. The conduct of independent business is not mentioned.

POSITION OF WOMEN DURING MANU'S PERIOD: - A very important influence on

the status of the Hindu woman has been the Manu Smriti, a granth composed by Manu
somewhere between 200 BC to AD 200 and committed to writing in twelfth century AD. In
the beginning of his book, he writes Brahma separated his body into two parts; from half he
created man and from the other part woman. She is therefore, born equal' 'gods reside where
women are respected and where they are insulted all endeavour is useless'. Good brahmins
were not expected to look at women while adorning themselves, dressing or relaxing. The girl
child was not entitling to ceremonies with Mantra. There is no mention here of Upanayanas
being performed for girls. Mother, sister-in-law, aunts, mother-in-law. sisters were enjoyed
by Manu to be greeted by touching their feet. The importance of marriage is stressed as
paramount for women most of the marriage mantras are prescribed for women during the
marriage ceremony. Manu states that a man should invite an educated and well-mannered
youth to marry his daughter who should be adorned with ornaments and given clothes for
purposes of Kanya dan after blessing them by saying that both of you should perform
Dharma. According to Manu, the Grinstha ashram is necessary for giving support to all, like
air is essential for everyone's life. This ashram supports Brahmacharya Vanaprastha and
Sanyasi as the most important status in life.

Manu gives great respect to women and enjoin in the husband to provide for her every
comfort and respect, specifically states that in those families where wives do not get respect,
they curse the family, which is destroyed as after death or a murder in the family Manu states
that society cannot prosper where women are not happy and no family can thrive if its women
member are unhappy and cursed. The women themselves have to preserve their chastity and
have to dress attentively for their men when they get married to be mother even, if necessary,
out of wedlock. for the continuation of the family. There for, their responsibility was to
manage the household well and to look after every member of family and guest. They were
not shown disrespect through the process of marriage. They could keep their Stridhana,
inherit properly and wealth. As widows they were to be looked after by their sons Manu was
very emphatic and clear that women require care & protection from their fathers as children,
from their husband in youth and sons in old age.

During the period of Manu, the status of women suffered a setback when various restrictions
were put on women's rights and privileges. There was increasing authority of man over
woman. The birth of daughter which was not a source of anxiety during the Vedic period
became the source of disaster for the father. Education which had been an accepted norm for
women, was neglected and later on girls were totally denied access to education. Upanayana
or he sacred thread ceremony which was performed to initiate a person into the Vedic studies
was prohibited in case of woman and shudras, thus closing the door to any formal education.
The marriageable age of girls was lowered to 9 yrs. to 10 yrs. which not only gave a final
blow to any efforts at educating women but began the mister practice of pre-puberty
marriages Girls in the ruling class however did receive some training in military,
administration and fine arts, but these were exceptional Manu stated that woman should never
be independent. As a daughter she is under surveillance of her father, as a wife of her
husband and a window of her son. Despite the overall social and cultural subordination of
women, it is surprising to find that law gives recognized the right to property, particularly
that which was known as Stridhana woman's property.

It is Manu's code that has had the most negative effects an Indian woman for countless
succeeding generations. Even today it is his laws which keep millions helpless in the prison
of Hindu orthodoxy Manu for the first time legally assigned to woman her definite place in
the scale of society but the scale of society but his laws reflect a conflict even within himself
between his valuation of woman as a spiritual entity on the one side and as a unit in society
on the other. He averred that mother is more to be revered than a thousand father, yet his laws
place women socially on a level with the lowest of all groups in Aryan society.

Manu enumerates many laws directing a wife's conduct says that wife must such devotion
that he must be treated like God, even when conspicuously lacking in virtue. If wife obeys
husband, she will exalt heaven.

There instances of appreciation womanhood in the following laws of Women must honoured
adorned their fathers. brothers, husbands’ brothers -in-law who desire welfare

Where women honoured their God are pleased where they are honoured no sacred rite yield
rewards-3.56)

Where live grief the family soon wholly perishes but that family where they are not Unhappy,
prospers.

The houses which honoured pronounce curse, perish completely as destroyed magic (3.57,
3.58).

This woman but gave honourable position within family. gave the earlier documents
Hinduism show various attitudes, both appreciative and depreciative towards women.

POSITION OF WOMEN DURING BRITISH PERIOD: -The attitude, behaviour and

living pattern of Hindu society changed drastically during the British regime due to
education. and western impact on the socio-cultural life of women in India During the period
there were two major movements which effected the position of women. These were the
Social Reform Movement of the nineteenth century and Nationalist Movement of twentieth
century. Both these movements raised the question of equal status of women. The issue
which attracted the attention! of the nineteenth century social reformers were, sati, ill
treatment of widows, the ban on the widow re-marriage polygamy, child marriage, denial of
properly rights and education to women. The reformers thought that by giving woman access
to education and by enacting progressive legislation social change could be initiated

Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, M.G. Ranade, Mahatma Gandhi and
other from all parts of the country raised their voice against the unjust practices while
revivalist like Dayananda Saraswathi, Swami Vivekananda and Annie Besant believed that
for the progress in the society, women status should be honoured. When the Indians come in
vital contact with the British in the latter half of the Indian had reached the maximum degree
of deterioration Ideologically women were considered a completely inferior species, inferior
to the male. having no significance, no personality Socially she was kept in a state of utter
subjection denied right, suppressed and oppressed She was further branched as basically
lacking an ethical fibre.

Raja Ram Mohan Roy of Bengal stands first in the role of honour. He founded the Brahma
Samaj in 1825 to reform Hindu society. He spoke against early marriage of girls and sati and
spoke in favour of monogamy and widow re marriage. Keshab Chandra Sen, also of the
Brahma Samaj carried this cause further and spearheaded a movement in Bengal against child
marriage, stating that girls should not get married before 14 yrs. and boys 18 yrs. of age. Due
to his intuitive The Widow Remarriage Act, 1856 was passed. Gandhi ji vehemently
criticized custom of child marriage prohibitions of widow re marriage and Purdah System the
Nationalist Movement not only. drew a large number of women to political actively but also
generated strength and confidence among women which help them to organise and fight for
their cause. The formation of the All-India Women Conference in 1927, was a crucial event
in women is march towards equality.

Many laws were enacted which tried to eradicate certain social evils these included an Act
legalizing remarriage of widows, Child Marriage Restraint Act, on Act recognizing Hindu
women's right to properly, etc.

During home rule movement Mrs. Annie Besant again an English woman, was to have a
profound effect on it as she was the first one to moot the Home Rule League with the idea of
promoting self-government in India. She set up school for girls in Banaras and Madras and
encouraged women's education.

As many activist women participated in social welfare but not only social institution and
custom thwarted the free growth of her personality but the prevailing ideology also assigned
the Indian woman an inferior status: She is further regarded unfit for participation in social,
political or religious functions of any significance She was not even worthy of receiving
education. In order to eliminate all the obstacles in form of the extant institutional complex as
well as the prevailing ideology to the achievement of freedom for woman a fundamental
change is the very social structure was necessary.

The federal society based on the self- sufficient village economy, the caste, the joint family
and authoritarian ideology was absolutely in capable of providing room for the liberation of
women within its framework A new society based on new socio economic relations and a
new liberal democratic ideology was necessary for making woman conscious of her
subjection, for realization of her real role in the society for the growth of woman's freedom
movement in all spheres of life as also for a great advance in the direction of her complete
freedom.

This in 18th century at the down of British rule, the position of women in India was in a very
sorry state. The Vedic liberties enjoyed by women in India were forgotten only. narrow and
static society prevailed. The British government's attitude of non- interference with religious
sentiments of the local people stopped all social reforms for a century.

POSITION OF WOMEN DURING POST. INDEPENDENCE OF INDIA:-There has

been a tremendous change in the status of women during the last centuries, especially after
India gore independence rapid industrialization, urbanization and the increasing number of
Indian women going for higher study and professional causes has to led for reaching changes
in the criteria of values and standards of behaviour The achievement of the Indian women
from Vedic time to present indicate that they have been equal partners with men in all walk
of life their involvement in the struggle for independence especially highlighted their
contribution to the national effort and showed that they are endowed with certain unique
qualities which has led to their participation in different fields of social activity at the highest
leadership and decision making levels. The most important event after independence has been
the drafting of the constitution of India Which enshrining the principles of equally, liberty
and social justice. The framer of the constitution was aware of the sociology of the problem
of emancipation of the female sex. They realized that equality was important for the
development of the nation. In order to eliminate inequality and to provide opportunities for
the exercise of human rights it was necessary to promote education and economic interest of
women. It became the object of the state to protect women from exploration and provide
social justice. With independence. women were granted equal status with men. The
government made an all-out effort to raise the status of women in the various fields through
legislation, compulsory education. The Hindu marriage Act, 1955, raising of marriageable
age. The Adoption. Act. 1956. Dowry prohibition Act, 1961, and legalizing of abortion are all
in favour of women. But law alone is not enough to bring change.

Pursuant to a request by the United Nations General Assembly to prepare a report on the
status of women in the country, a Committee on the Status of Women in India (CSWI) was
constituted in 1971.

The committee submitted its report entitled Towards Equality in December 1974. The report
has been a landmark in the social history of India. National commission for women was
established, which undertook another detailed mission to find out the status of women after
CSWI report toward equality. In its report toward equality the unfinished agenda status of
women in India, 2001 the commission has made detail recommendations.

The committee on the status of women in India rightly concludes that the entire exercise of
our committees has indicated that in important area and for certain sections of female
population there has been repression from the normative attitude developed during the
freedom movement. Large section I of women have suffered a decline of economic status
Even after the promulgation of these laws, the protection enjoyed by the large masses of
women from exploitation and injustice is negligible.

Despite the progress, the war on inequality, discrimination violence and empowerment
continue. The road to achievement and satisfaction is long and woman have to continue their
fight.

DEFINITION OF VIOLENCE

Violence as conduct which incurs the formal pronouncement of the moral condemnation of
community of the deviation from conduct norms of the normative groups. Violence means
any physical force or any damage injury to person or property. The Chamber's twentieth
century dictionary describes violence as excessive unrestrained or unjustifiable use of force
According to black's law dictionary violence means unjust or unwarranted use of force
usually accompanied by fury. vehemence or outrage physical force, unlawfully exercised
with the intent to harm" violence is often a crime damage to property is typically considered
an aggressive tendency destructive behaviour. to act out violence may be divided into two
forms, firstly, random violence which include unpremeditated or small-scale violence.
Secondly coordinated violence which includes action carried out by sanctioned or
unsanctioned violent groups.

According to Encyclopaedia of crime and justice, in a broad sense "Violence is a general

term referring to all types of behaviour either threatened or actual, that result in the damage
or destruction of property or the injury or death of an individual" In general, the definition
covers that behaviour, Criminals generally considered as violent including such crimes
homicide. forcible rape, child abuse, aggravated assault and most kind of collective violence.

According to sociologist Elise Boulding structural violence refers to the structural patterning
of the family, cultural norms and values and also political and economic system of a
particular society that determine who will injure and who will endure. Some individuals are
deprived of society's benefits and are rendered more vulnerable to suffering than others
structural violence establishes physical violence. Woman experience both, structural and
behavioural violence.

According to Niro Sinha, Violence may include specially in relation to female both the
physical violence against women. and exploitation of all kinds. It also includes the context
and particular situations under which such threats of use force are indicated"

While these concepts of violence are interrelated the specificity of violence related to the
situation of woman demands a closed and critical look of the aspects of structural violence,
i.e., act of violence that are exercised on the part of the society and family. The state not only
tends to overlook these forms of violence but perpetuates them in the name of the cultural
legitimacy and maintenance of law and order.

Despite the existence of a worldwide movement against Violence Against Women (VAW)
there is no single accepted definition of violence. The main point of contention is how
broadly to define the term violence. It includes any act or omission that causes harm to
women or keep them in a subordinate position. For, example the definition in the Draft Pan
American Treaty against violence defines violence against women as: an act omission or
conduct by means of which physical sexual or mental suffering is inflated, directly or
indirectly through deceit, seduction, threat, coercion or any other means, on any woman with
the purpose or effect of intimidating punishing or humiliating her or of maintaining her in sex
stereotyped roles or of denying her human dignity, sexual self-determination, physical mental
and moral integrity or of undermining the security of her person her self-respect or her
personality or of diminishing her physical or mental capacities (Haise et at 1994). Violence
against women is both an intersex and intersex. problem the victimizer may be a male or
female. In bride burning, the husband alone all the in-laws, male or female, may be
victimizer. The mother herself discriminates between a male and a female child. In most of
the care’s men are the victimizers but in many laws of domestic violence.

United Assembly adopted Declaration the Elimination of forms of Violence Against Women
on 20th December 1993 which recognized that violence against manifestation between men
and women discrimination women by and the prevention the full advancement women.

Article declaration defines "Any gender-based violence that results in is likely physical
sexual such acts, coercion arbitrary deprivation liberty, occurring in public private life". In
March 1994 the commission appointed the first rapporteur violence against women and
empowered her investigate abuses women's human rights. The Fourth World Conference on
Beijing issue violence against women. human rights

Domestic violence knows no age, socio-economic, religious racial, gender or educational

barriers. myth that only poor or are victim’s domestic abuse. Most studies indicate also
incidence of spousal abuse affluent neighbourhood. Although poor victim has affluent spouse
may also be in an equally desperate trap due to social stigmas, greater economic pressures
and the increased societal position and power that the partner may have at his or her disposal.

It is devastating for children to witness verbal or physical abuse, or to see the aftermath an
injured parent, a destroyed home. Fear, anger, feelings of isolation, low self-esteem and loss
of trust are all common in children who witness abuse Leaming disabilities and behavioural
problems which may be present are likely to intensify as they get older. In households where
women are abused by their partners, that is often a high incidence of child abuse by the
abusive parent It is also becoming increasingly apparent that children in violent homes are
frequently victims of incest and, unfortunately, the legacy of abuse doesn't stop when the
children leave home Children. develop behaviour based on what they have experienced
growing up. Children from violent homes are at high risk for becoming adult victims or
abusers themselves.

Family and friends are indirect victims of abuse the isolation and terror that victim lives with
deprives those closest her form meaningful and fulfilling relationships. Often the abuser will
harm others close to the victim in an effort to hurt or control the victim. An abuser may harm
children, other family members, friends, pets, personal belongings and the family home.
Recognizing the Violence, a victim of abuse often has confused thoughts and feelings as
surprising as it may seem, many are not really sure if they are being abused. They know that
something is very wrong, but just can't seem to identify it properly. Denial, rationalization
and minimization are methods of coping day-to-day with the reality and severity of the abuse
Forms of Physical Abuse Physical Abuse Indicators

The following is a list of Physical Abuse Indicators in the order of less to more severe on a
lethality or injury scale. Mo a going abuse escalates in more or less this order, so that the
presence of an action identified below is indicative of probable past abuse, even if there have
been no serious physical injuries or prior police are court involvement. In addition, even if
the abuse has not reached a certain danger level, it does not mean that the situation is not
dangerous or physically abusive. A person can be severely injured as a result of "minor
abuse."

• Verbal abuse, humiliation, isolation from family and friends

• Throwing things, punching walls, hurting pets, no letting the victim leave, demanding sex.

• Pushing, shoving, grabbing, shaking, throwing things at the victim

• Slapping with open or back of hand, twisting arms, legs and fingers.

• Kicking, biting, hair pulling hanging or shaking head Choking, attempted strangulations,
smothering

•Beating up (pinned to the wall/floor, repeated kicks and punches).

•Threatening with weapons, knives, guns, autos, poisons.

• Assault with a weapon.

•Forced sex

•Forms of Emotional Abuse

•Insults

Constant or extreme criticisms that injure the personal, emotional, sexual and professional
image. Insults can greatly undermine a person's self-confidence and eventually render the
victim emotionally incapacitated Rejection

Direct in indirect statements that create feelings of unworthiness, Constant rejection teaches a
victim that he or she is unworthy or receiving living behaviour. Rejection can be used as
punishment for not cooperating with an abusive partner Abusers may also employ rejection in
an attempt to justify their anger towards the victim.

Emotional Threats and Accusations

Direct or indirect statements made in an attempt to cause emotional or physical harm to the
victim This includes lying about the victim's behaviour, attitude or emotional state.

Emotional Blackmail

A statement or behaviour that uses fear, guilt, insecurity or confusion to trap a victim into
giving the abuser power over him or her.

Possessive and Punitive Behaviour

Perceiving another person as physical property or an emotional extension of himself or

herself. Behaviour includes jealousy, limiting freedom, creating isolation, denying a person's
capabilities or opportunities to develop. Many times, it includes using shame and guilt to
prevent a victim from getting the deserved support and protection.

Basing Relationships on Unrealistic Expectations

This includes an assumption by the abuser that he or she knows what is best for the victim.
Denying someone the opportunity to discover and define himself or herself prevents the
possibility of mutually beneficiaries and realistic relationship. Threats to Harm or Take Away
Children

One of the most common reasons given for resuming an abusive relationship is the fear that
the abuser will act on the threats of taking the children from the victim.

Other Forms of Domestic Violence

Sexual Abuse
Sexual abuse is often present along with physical and emotional abuse. It is very difficult for
the victim to describe sexual abuse that may be coerced by threats or further harm or actually
accompanied by physical force. Most often a victim is bullied into complying with the
abuser's demands to engage in sexual acts, or at a time when she is not physically fit for
sexual activity, such as immediately after children, surgery or during. The shame a victim
feels afterwards further test her to the batterer

Child Abuse

Studies suggest that in approximately one half of those abusive families where children are
present, some form of physical and/or sexual abuse of children exists the abusive partner
usually is the one may abuse the children. In most cases, where children witness domestic
violence, they can be expected to have emotional effects and are at a higher risk for violence
themselves. Additionally, studies show that violence affects children before birth. Assaults
during pregnancy may lead to miscarriage, fatal injury and pre-term labour. The presence of
child abuse makes a dangerous situation more lethal especially when there is intervention by
social services without an understanding of the dynamics of violent relationships Removing
the abusive partner or a child from the home may escalate the violence rather than stop it

Elder Abuse

Research suggests that an elderly victim is abused more aften by an aging partner and care
taking children than those who are harmed by non-family caretakers. Family violence does
not usually stop on its own. Family violence is a public health problem

Mutual Violence

It is often difficult to tell the difference between an act of self-defence and a victim is
aggressive because of mutual violence. A victim who has been arrested may tend to plead
guilty to get out of jail quickly in order to return to his or her children A victim who fights
back in self-defence or in defence of another person should also be treated as a battered
victim.

Dating Violence

Dating violence refers to verbal, physical, psychological or sexual abuse that occurs in
relationships before partners marry or begin cohabiting. The term does not imply anything
about the length or stability of the relationship. An act is classified as dating violence whether
it occurred within the context of a single date or over a long period of time. Although popular
attention has focused on sexual violence within dating relationships (date rape), researchers
have noted that the full gamut of aggressive behaviours, including murder, occurs within
violent dating relationships.

Economic Violence

Victim is frequently denied opportunities or capabilities to develop and work. There may be
discrimination, deprivation and obstruction in goal achievement. Victim may be denied
opportunities to go to schools or work outside the home, they may have little or no access to
are control over finances.

CONCEPTUAL CONTOURS OF DOMESTIC VIOLENCE: - Domestic violence is an

extremely complex and vicious form of abuse, committed most often within the four walls of
the family house. A life free of violence is women's right. Domestic violence is a serious
widespread social problem not limited to all social context of India, but is a worldwide
phenomenon which effect both the developed and the underdeveloped world. In 1993 at
World Conference on Human Rights in Vienna, grave violation of women's human rights was
recognized as part of United Nation Human Right Agenda. United Nations called for
elimination of violence against women in public and private life as a human rights
obligation."

Domestic violence occurs at home which is considered as the safest place for all but statistics
and experiences reveal otherwise. According to Sydney Brandon 10 statistically it is safer to
be on the streets after dark with a stranger than at home in the bosom of one's family for it is
there that accident, murder and violence are likely to occur. Domestic violence occurs in
families of every class, race and culture. It occurs in families with children and without in
first marriages, second marriages or arranged marriages. The victims can be spouse generally
wife, children, savants, parents or anybody living in dependent situation in a household.
Where dependency may be physical emotional or financial. Hence the perpetrators of
domestic violence are not restricted to husbands. They also include any male member of the
same household who is in a position to exert central or power over the female.

According to black's law dictionarylike Domestic violence means violence between members
of a household usually spouses an assault or other violent act committed by one member of a
household against another".
In an attempt to draft a law to address domestic violence the women's right initialling of
Lawyers collective evolved a legal definition of domestic violence. Domestic violence means
any act. omission or conduct which is of such a nature as to harm are injure or has the
potential of harming or injuring the health safety or well-being of the person aggrieved or any
child in domestic relationship it includes -

• Physical abuse or a threat of physical abuse.

• Sexual abuse or a threat of sexual abuse or a threat of

•sexual abuse.

• Verbal and mental abuse.

• Economics abuse.

On March 8, 2002 the government of India through in of women and children and ministry of
human resource and development introduced the Protection from

Domestic Violence Bill, 2002 in the Lok Sabha bill defined domestic violence an

(A) Habitual assaults or miserable by cruelty of conduce

(B) forces the aggrieved person to lead on immoral life

(C) otherwise, injuries or harms the aggrieved person

Nothing contained in clause (c) of sub section (shall amount to domestic violence by the
respondent was reasonable for his own protection or for the protection of his or another
properly.

Domestic violence manifests as verbal physical psychological abuse, often in forms that are
more subtle than the violence elsewhere in society. The term domestic violence implies the
incidents of familiar or intimate battering having reference to an idealized family unit
functioning in a protected and secluded manner, appropriately shielded from the public.

This idealized conception that rhetoric of inviolability of family as an institution, has shielded
domestic violence behind an iron curtain as an unacknowledged phenomenon behind the
closed doors of the family, a private matter between "inmates where is neither concern of
public scrutiny nor of interventions statistical data on the incidence of domestic violence in
India is scant and indicate that physical abuse Indian women in their homes is quite rampant
A survey conquered by the United State asked International Centre for Research on Women
(CRW spanning seven Indian cities covering both rural and urban population revealed that 45
percent of the women surveyed had been subjected to at least one incident of physical or
psychological violence in their lifetime 26 per cent of women said they experienced moderate
to severe forms of physical violence The study showed a high incidence of psychological
abuse with 43.5 percent of women experiencing at least one incident a psychological violent
behaviour like insults, threats, inducement of fear or abandonment.

Domestic violence can be in number of forms

• Physical behaviour (slapping punching, beating, pulling hair)

• Forced or coerced sexual acts or behaviour

• Threats.

• Psychological abuse.

• Sacrifice of liking interest and skill's "

• Economic violence

The violence against women and girls is a universal problem of epidemic proportion, but its
human cost after remains ansible. At least one out of every three women around the world
has been beaten, coerced into sex, or otherwise abused in her lifetime. The abuser someone
known victim. According to 2002 report by World Health Organization studies in Australia
Canada, Israel, South Africa and the US have shown that 40-70 percent of women who have
been murdered, who killed by the intimate partner It has been reported that 6-10 women in
Boatswain are women victim of domestic violence, while 31% of girls and young women
(16-19 age) are reported to have experienced sexual violence.

In survey by world health organization (WHO) in 2002 more than 24000 women in 10
countries, found that 10-69 % of women reported being physically assaulted by an intimate
partner at some point in their life.

One study in 5 districts of U.P. In India found that 18-45% of men reported that they
physically abused their wives and 18 40% indicated that they had consensual sex with their
spouse A household survey found that almost half of the respondent said had been slapped,
hit kicked, or beaten by their husband at some time 24% reported being kicked, 44% during
pregnancy, 12 % specifically threatened by their husband with having kerosene oil poured on
them to set them on fire 30% of assaults required medical care.
The National Family Health Survey, 2006 reveals that one in five married women in India
experiences of domestic violence from age of 15yrs. A nationwide survey by the International
Centre for Woman's Research show that 52% of women suffered at least one incident of
physical or psychological violence in their lifetime. An estimated 15000 women suffer for
dowry related domestic violence every year. According to India National Crime Records
Prague’s Unique Crime Clock, IT 2005 reported molestation every 15 minutes, one crime
against women every 3 minutes, one dowry death every 77 minutes, one rape every 29
minutes One murder every 16 minutes and one sexual harassment in every 53 minutes.

The worst part of the problem is that women today are not safe and secured even in the
family. The concept of home sweet is no more, so for many women who suffer violence
against themselves by the members of the family.

SCOPE AND IMPLICATION OF DOMESTIC VIOLENCE: -There is plethora of laws

on various aspects of the problems of woman namely demand for dowry sexual assault
female foeticide, trafficking, sexual harassment at workplace etc. but the arena of most
vulnerability i.e., domestic violence is still being ignored. The phenomenon of domestic
violence is widely prevalent but has remained largely invisible in the public domain. At
present, where a woman is visited with cruelty by her husband or his relatives, is an offence
under Section 498-A of the India Penal Code, 1860. The civil law does not address the
phenomenon.

Domestic violence is undoubtedly a human right issue and serious deterrent to development
of woman from the day of her birth. A girl is viewed as more of a burden and a liability and is
likely to be given a merger share of the family's affection and resources: Family structure and
social value function in such a way that girls grow up looking upon themselves as inferior
and subservient entitled to much less of everything than sons. Despite legislation cases of
dowry harassment and dowry are increasing every year, which falls in preview of domestic
violence dowry harassment cases that erode the entire base of womanhood in India, in several
cases suicide18 as homicide are the part of domestic violence being enacted everyday dowry
is the main tool of exploitation against the married women. The in-laws of the bride, in an
attempt to cash as well as in kind, create an atmosphere of harassment and cruelty and it
continues till the death of the bride take place.
A phenomenal number of cases have continued to be registered under section 498-A IPC
while there are many problems in the manner in which these cases have been dealt with by
the police and in many instances by the judiciary victims of dowry harassment
Approximately one quarter of India's population comprises girls up to the age of 19 yrs.
Within the backdrop of the declining sex- ratio for women it is noteworthy that every year 15
million girls are born in India and despite being biologically stronger than boys almost one
quarter of this number does not see their 15th birthday

VIOLENCE AGAINST MARRIED WOMEN

In India marriage continues to be universally regarded as essential for girl. According to

latest official figures about 30 percent of women in the age of 15-19 were married as the age
for marriage of girl is 18 yrs.

DOWRY

In India, there is a tendency to club most marital violence under the overall heads of dowry,
dowry death and dowry violence. Dowry has been referred to as a social cancer, a cruel
custom and an insult to the dignity of women. It has been crystallized in our society and
violence have found a space in which they can voice their grievances. The National Crime
Bureau statistics have reported a steady rise in the case relating to torture defined by the
report as cruelty by the husband from 1594 in 1991 to 3 6492 in 1997. This figure was 41376
in 1998, 43823 in 1999 and 45778 in year 2000,

CRUELTY

Cruelty is a substantive offence punishable under section 498 A of Indian Penal Code and
ground for divorce under Hind Marriage Act, 1956. It is also an essential ingredient of the
offence of dowry death punishable under section 304-B of the Indian Penal Code and of the
presumptive section 113-A and 113-A of the evidence Act.

Cruelty is nor precisely defined anywhere and neither possible to do so. Act or conduct
constituting cruelly can be se numerous and varied that it would not be possible to fit them

Wife battering comes within the scope of domestic violence against women. It is only in the
last decade that wife battering has been recognized as a domestic and social problem most of
these women are harassed for a long time before they am murdered or driven to suicide and
for every woman who dies in her home there must be a million more who are beaten and
harassed economically disproved and mentally humiliated Battery may be defined as the
intentional application of force m another person against his will Wife battering is seriously
unreported crime and the data hard to obtain because of its location is home.

FEMALE INFANTICIDE

Female infanticide dowry deaths, rape and abuses are the nightmares of a women's life and
getting married is not the end of it. Fifty percent women have reported being abused by their
husbands. Half the women also said that they were kicked in the womb or thrown downstair
during pregnancy

The Indian consultation promises all those who dwell in India the right to life. No person
shall be deprived of his life or personal liberty except according to procedure established by
law. The girl's first right is the right to remain alive after birth and not to be killed quickly in
her first few hours slowly by neglect or differences female infanticide still continues, which
is evident from falling ratio of girls to boys. In the year 2000, 104 cases of female infanticide
were reported which shows an increase of 19.5% over 1999 in which 87 cases of infanticide
were reported. female

FEMALE FOETICIDE

A lifetime of systematic gender bias for the Indian girl child gems in the mother's womb
itself. Sex linked abortion have come rampant. Middle class and upper-class families go for
Mn scientist Indian Penal Code too has such provisions, which would punish the offenders
who would kill the children when they are in the womb and who kill the children after their
birth.

According to the census 2001 in Punjab and Haryana, of the most affluent states in India have
the lowest sex ratio of 793/1000 and 820/1000 receptively. The fertility decline has taken
place in all economic and social group in most part of country especially Tamil Nādu the
sharp fall in birth rates from the eighties is one contributory factor for intensification of s
preference.

Dowry death a wide spread evil has now assumed menacing propositions Cases come to
public notice where bonds on account of their failure to bring the promised dowry, have been
beaten up, kept without food for days together, locked up in dingy room, tortured physically
and mentally, strangulated or brunt alive or led to commit suicide. In case of state of
Karnataka V. M. Manjunath Gowda & other deceased committed suicide due to torture
and harassment for dowry A few day days prior to her death, deceased had pleaded with her
father and brother during a visit to them, that she was being tortured by her husband and
mother-in-law, within 48 hours of visit, she was found dead in a dry well as a result of head
injuries. Supreme Court convicted the accused to 10 yrs. rigorous imprisonment.

In case of Gurcharan V. State of Rajasthan deceased committed suicide within two and
half month of marriage Supreme Court held that prosecution failed to prove in case beyond
reasonable doubt

In case of Virbhan Singh V. State of U.P., the Supreme court said that in view of increasing
number of brides killing such dastardly crimes whenever detected and proved invite ruthless
action and severe deterrent punishment must be imposed.

Recently in a far-reaching a for judgment the High court's Lucknow bench suggested the
Parliament to make provision for death sentence in dowry death cases section 3048 of the
Indian Penal Code. The bench remarked that to curb the recurrence of such offence, which
mitigates against all canoes of civility a deterrent sentence in the need of hour revolutionary
judgements the Barring few entire criminal Justice administration has proved to be a minor
block in providing justice to dowry victims The history of cases dealing within dowry
retrieval and dowry violence and indeed other form of domestic violence Section 304 inserted
by the amendment in Indian Penal code in case of Ram Budan Sharma V. State of Bihar
High Court dealt with in case of Harjit Singh V. State of Punjab it held that it is not enough
that harassment or cruelty was caused to the woman with a demand for dowry at some time,
if section 304-B is to be invoked, but it should have happened soon before her death. In case
of Arun Garg v. St of Punjab observed that Section 304-B was inserted by Dowry Prohibition
Act, 1986 with a view to combating the increasing menace of dowry death. By same time
amendment Act, Section-113-B has been added in the evidence Act, 1872 for raising
presumption.

In case of Taiyab Khan v. St of Bihar death of the woman taken place within 3 years of her
marriage. It is a case of an unnatural death. Death of Noor Jahan is said to have been caused
by poisoning. The main Ingredients of Section 304-B are

• Death of woman

• Death by burn or bodily injury.

• Death within 7 yrs. of her marriage

Soon before her death victim was subjected to cruelty or harassment. The victim was being
constantly harassed for demand of dowry it was a case of dowry death. Dowry deaths shows
an increase of 8.9% in 1997 over previous year and again registers increase in 1998 by
remarkable 16.1% but shows a decline in 1999 by 4% It again increased by 4.4% in 2000 and
by 26.8% over 1996.

INCEST

Incest is defined as sexual intercourse between close relatives within prohibited degree of
relationship A surly Voices from the silent zone conducted by RAHI (Recovering wide
Healing from Incest) in July 1997 involving 600 English speaking women from middle- and
upper-class families in Delhi, Mimili Chennai, Calcutta, and Goa reflects that of the 76 per
cent of women who admitted of having been sexually abused as children. 40 per cent were
survivors of incest. Liz Kelley defines incest that most of the abusers were biological or
social fathers but other abusers included a grandfather, a cousin who she was treated as a
brother and in one woman's case a member of cousins and uncles who lives with household

It is a matter of deep concern that despite all the efforts of legal and functionaries connected
with it, the sex crimes against girls are increasing. The figure is appealing when the fact is
taken into account that most of these sex offences go unreported for fear of harassment,
shame and social disapproval A survey carried in and around the holy city Varanasi by social
action and research centre, an organization working on sexual abuse of girl child, reveals that
the percentage of such girl is as high as 88% in the rural and urban area. Most of the girls
were harassed by someone they know like a family friend as distant relatives.

SATI

Sati is yet another phenomenon peculiar to an illiterate conservative and tradition bound
society. It is nothing but manifestation of the barbaric attitude of man towards a helpless
woman who becomes a widow on the death of her husband. The irony of fact is that instead
of the poor woman getting sola sympathy and shelter to bear the tragic loss of her husband,
she is forced to become or encouraged to be sati. This is one of different form of domestic
violence which is continued from a long decade in case of Mohit Pandey the accused
convicted under Section-300, IPC for abetment of suicide.
In case of Ram Dayal V State The accused was held guilty for abetment of suicide under
Section-306 IPC Recently in May 2005 in Bahudari village of UP The incident took place,
when a 75 yrs. old Raj Kumari committed sati on the funeral of her husband. This is tradition
bound domestic violence against women

Domestic violence in its form has increasingly over the last two decades been recognized
nationally and internationally Various laws enacted to come out of this violence but situation
is getting worst day by day. All above, we require some attitudinal changes on the part of
both men and women.

ETIOLOGY OF DOMESTIC VIOLENCE

Criminology inter alia strives to investigate the causes of came which is neglected today in
the criminal justice system Modern criminologists emphasize that crime Cannot be controlled
by improvise punishment only. Its causes shall have to be explored and identified by
removing the causes of crime from the society, crime can be controlled satisfactorily,
otherwise same and similar types of crimes are repeated showing futility of punishment in the
administration of criminal justice It is a baffles problem of today society for the incidence of
rising crimes of domestic violence, like cruelty upon wife by the husband of the relative of
the husband under sec-498 A IPC, offences of dowry death Under Sec 304B IPC Along with
offence of abetment of suicide under section 306 IPC.40 It is doubtful as to the reporting of
all such cases of domestic violence to the police station. Particularly in the village area in
negligible cases of cruelty under Section 498-A of IPC, FIR is lodged to the police station.
The unfortunate wives silently endure all types of tortures inflected upon them during their
stay in their fathers-in-law as the environment goes against them. As soon as an incident
under Sec-498-A IPC take place, FIR can be lodged by such wives to the concerned police
station, but there is prominent uncertainly of punishment that when such cases shall be
disposed. It is uncertain whether the accused person would be the criminal basic system
administration in India to ignore the ethology of crime, which is very necessary in the
sentencing process. No attempt has been made until not to explore the causes of crime
explicit to make the sentencing process of today much more enlightened, though it is the
main theme of criminology in the past few decades with increasing evidence regarding the
phenomenon, domestic violence has drawn the attention of several concerned feminists,
human rights groups, social scientists and social worker. In their view it is better to explore
the cases of such crime and prevent its causation,
CAUSES OF DOMESTIC VIOLENCE:

1. PATERIARCHAL STRUCTURE OF SOCIETY:

Feminist assert that the ethology of domestic violence lies in the patriarchal structure of
society in which men play a dominate sole in most social institution. Along with verbal,
emotional and economic abuse, violence is maintaining male power in the family when men
feel their dominance is being threatened. Economic rules have left women dependent on men
and unable to escape abusive situations men and unable to escape abusive situations.42 a
means of

2.SOCIAL CHANGE:

Abrupt social changes are responsible for the causes of domestic violence. Scientific
inventions have brought a total change in the life styles of all the member of the society. The
life style, pattern of life of the women of India have undergone a change. These behavioural
changes on the part of the married women, many times are not acceptable by old member the
family arising violence. husband pressure the wife the demands dowry in many
circumstances, father of the bride not afford lead to domestic violence. Dowry demand one of
the main ethology of domestic violence. Every year dowry death is increasing day by day.

4. PSYCHOLOGICAL REASONS:

Psychological perspectives hold that personality disorder or early experiences of trauma

predispose some individual’s violence. Specific disorder that has been found batterers are
post-traumatic stress disorder depression, low self-esteem and personality disorder. In
addition, passive aggression paranoia, obsessive intermitted explosive been faster aggression
domestic violence. Conflict of personality conflict in conflict with other, family peace
destroyed.

5. LACK OF EDUCATION IN WOMEN:

Lack of women education and lack of awareness may be regarded as a cause of domestic
violence. A mayor portion of the women in India is uneducated and illiterate. They do not
know their rights. They silently endure all types of tortures infused upon them by the husband
and the relatives of the husband due to lack of education and self-consciousness about their
rights
6. LEGAL FAILURE:

Huge members of criminal cases under Section-498-A 304-B are lodged against the accused
but the low rate of conviction and larger rate of acquittals proves the futility of criminal
justice system usual procedural delays inter alle damages the future of these case poor
investigation, non-availability of complainant due to non-service of summons on the
complainant and delayed criminal justice system have damaged the main theme of these
cases. The situation of cases of domestic violence under 498-A all the witnesses are her
enemies like mother-in-law, father-in-law, sister-in-law etc. No independent witness is
available because of the fact that the incident takes place inside the house, no outsider can see
the incident. So, the lack of witness, uncertainty of punishment, non-compoundable nature of
case & legal loophole are the causes of domestic violence.

7.MULTI FACTORIAL SYSTEMIC THEORY:

These causes are recognized by both and being within the multi factorial & systemic model,
family violence can be defined as an act performed by a family member to get the desired
conformity from the other members Mules factional ma looking the nature of family violence
from more than perspective that is not only from a psychologize sociological angle, but from
physical emotional and telecall angles. In order to seek the desired conformity from family
member, family may use any means, namely physical violence, verbal violence, emotional
violence or violence IntelliMax

CAUSES OF VIOLENCE AGAINST FEMALE FOETUS AND GIRL CHILD:

Discrimination occurs within family, where Norma regarding women is secondary status are
reinforced in children from birth. Women are viewed as dependents with in family and face
severe restrictions because of traditional bias, we still have cases of female infanticide and
the girl child is deemed equal opportunities in term of food clothing and education patriarchal
society have developed into a tremendously greedy and materialistic society which strongly
supports the nation of male supremacy even encourages demand for dowry. To avoid to pay
huge amount of money in dowry people eliminate their female infants. There are some
extreme situations when some mothers kill their babies as an act of mercy that they may be
saved from future excesses by husbands in the form of domestic violence.

An analysis of cause of violence against women in light of these explanations are given
earlier reflect that domestic violence is a complex and multifaceted problem in Indian society.
A single reason does not and cannot explain all sort of domestic violence against all
categories of women. There are numerous factors as socio-cultural, economic, cultural,
psychological responsible for domestic violence.

5. LEGAL PERSPECTIVE OF PROTECTION OF WOMEN FROM DOMESTIC

VIOLENCE ACT, 2005

A closer perusal of the available civil remedies reveals that the various personal law’s
provisions that are existent deal only with marriage and break down of marriage, such as
divorce or judicial separation. Other civil remedies include those providing maintenance for
the women seeking divorce, induction and counselling where by reconciliation is still
possible few provisions are available under the Indian Penal Code, 1860, that can be used to
address the issue of domestic violence. The introduction of section 498 A was significant in
bringing domestic violence out of the closet but this section with its specificity to dowry
demands ignore other factor of violence. The criminal remedies are not enough to deal with
the complexities of domestic violence because the violence inflected is not by a stranger but
by an intimate partner of the victim. More over a criminal remedy will not only serve to
punish the abuser and is not sufficient to address the needs of the victim of violence

It is important to note that in many situations women do not opt for a divorce, and often wish
to remain in the marital relationship. It would not be ignored that domestic violence is not an
only among married partner. It also takes place with regard to children, aged parents, co-
habitants and in-laws among other relationships therefore when it comes to issues within
marriage such as family violence, marital rape or child sexual abuse, there is a huge gap, as
these issues are not advised by our legal system. Within our family law frame there is a large
gaping hole that needs to be covered by suitable laws. This is exactly where the need for a
law providing protection to women and children from domestic violence with the existing
legal from work arises

There was a general consensus that a new law dealing w the issue of domestic violence is
needed. As the existing leg framework is insufficient to deal with the same. It would be
preferable to have a single legislation dealing with all aspects of problem right from suing
prohibitor injunction order to granting maintenance and compensation. The new legislation
would only be in addition is the existing provision of law and hence any remedy not covered
by the new law but available under other criminal and civil laws would still be available to
the victim. The Lawyers Collective in 1998 after extensive consultation drafted a civil law on
domestic violence. The draft bill considered deeply the wide range of problems and
consequently offered intensive and effective remedies to combat the problem. On the basis of
this draft bill, nearly ten years officer singing the Un General Assembly resolution to adopt
the Declaration on the Elimination of violence Against Women Dec 1993) the Government of
India. Through the ministry of Human Resource Development, Protection published and
circulated the from Domestic Violence Bill 2001, which was introduced in the Parliament in
the budget session of 2002, but an analysis of Government of India Bill 2002, showed that in
spite of all hard work and intensive inputs at various levels, the bill suffered many
governments totally failed to understand the problem of domestic violence at a very
conceptual level. Jacuas like bill did not make it clear whether domestic violence I restricted
to marital household or no clarity in definition of it 13th September 2005 was a significant
day in the history of women's movement following ten years of persistence efforts when The
Protection of Women from Domestic Violence Act, 2005 received the assent of the President.

It has filled a long-standing demand of women's organization and other group for a remedy
for domestic violence. The present act is comprehensive in its coverage of the types of
domestic violence and provides remedy for women enduring domestic violence or facing the
possibility for such violence The present Act is aimed at empowering women and liberating
them from the cycle of violence. In spite of many laudatory provisions, the Act, has the
potential for abuse of the wide power vested in the protection officers, intermediaries
between the court and the victim of violence. This act fulfilled a pending demand of many
women organization for a civil remedy to address this inadequately recognized rampart form
of violence. It is hoped that proper implementation of the act would arrest the rising graph of
domestic violence in the country. Under Indian law, both criminal and civil, few provision
exist of the married woman to address issued of domestic violence. The existing personal
laws Hindu, Christian, Muslim Parsi) and few secular ones like the Special Marriage Act,
1954 deal only with marriage and the breakdown marriage done of these any safeguard the
women live peace and harmony matrimony home.

This omission makes easy throw woman out on the street with without the dowry. brought
and coerce into divorce and maintenance settlement. maintenance in notoriously miserly.
such the payment usually made up continue receiving them, the divorcee to remain chaste,
and must not re-marry. In many situations, woman does opt a divorce, as fears losing custody
of children considering fact the father considered guardian the child. Though The Dowry
Prohibition Act was introduced 1981, much occur. Initially, the offences under act
cognizable, bailable and compoundable, the act failed its operation because this. Also, made
the giver victim par with the receiver, who actually the demander. seek cover those women
who or been in relationship with abuser. Where both parties have together in shared house
hold and are consanguinity, marriage47 or adoption. In addition, relationship with family
members living together a joint family is those women who are sister, mother, single or
women living with abuser are entitled to legal protection under the present act Section-2(a)
(f). The definition of domestic itself is one that includes actual abuse the of the abuse that is
physical, sexual, verbal, emotional or economic Thus, the act covers the entire gamut of
violence with the household, including harassment ensuring out of unlawful dowry demand
to the woman or her relatives

As section 3 of the act defines domestic violence

(a) Harm or injury or endangers the health, safety, use limb or wellbeing, weather mental or
physical of the aggrieved person or tends to do so and includes causing physical abuse, verbal
and emotional abuse and economic abuse; or

(b) Harasses, harms, injures or endangers the aggrieved person a with view to coerce her or
any other person related to her to meet any unlawful demand for any dowry or other properly
or valuable security, or

(c) Has the effect or threatening the aggrieved person or any person related to her by any
conduct mentioned in clause(a) or clause (b); or

(d) Otherwise, injuries or causes harms, whether physical or mental, to the aggrieved person

Definition of domestic violence can be broad or focused. A frequent perception of domestic

violence against women is that it is limited to physical harm perpetrated on adult women
within a marital relationship moreover women may be in an established relationship or in the
process of separation or divorce.

Domestic violence is often not restricted to the cure husband but may extend to boyfriend,
former husband, other family member such as parents, in laws etc. According’s Arun Jaitley,
so minister of law justice and company affine domestic violence is in the majority of cases,
violence again woman by the member of the house where she resides. It can be the husband,
his parents, or siblings or any other resident who has the overt or covert latitude for action
that can abune physic or mental an agony to the women but the most important aspect of this
kind of violence is the fact that it happens behind the closed doors.
The act seeks to protect the rights of women to secure housing. The experience of women's
organizations working with battered and harassed woman is that is the fear of being thrown
out of the matrimonial home or any shared housed that has often compelled these women to
put up with violence. This act provides for the right of a woman to reside in her matrimonial
home or household, and this right is secured by a residence order issued by a magistrate.
According to section 1751 of the Act every woman in a domestic relationship shall have the
right to reside in the shared household, whether or not she has any right, title or beneficial
interest in the same. As the meaning of shared house hold has been given in Section-2(s) of
the Act. In case of S.R. Batra V. Smt. Taruna Batras the court observed the definition if it
shared house hold in Section-2(s) of The Protection of Domestic Violence Act, 2005, has
been clumsily drafted and accordingly gave it a sensible interpretation which does not lead to
chaos in society. Rejecting the contention of respondent that the definition of shared
household includes a household where the person aggrieved lives or at any stage had lived in
a domestic relationship" the bench held that if such a contention is accepted then it will
remain that whenever the husband and wife lived together in the past that properly become a
shared household". It is quite possible that the husband and wife many have lived together is
dozens of places e.g., with the husband's father paternal grandparents, his maternal parent
uncles, aunts, brother, sister, nephew, nieces etc. If the interpretation canvassed by the
respondent is accepted, all these houses of the relatives will be shared household & the wife
can will insist in living in all their houses of her husband's relatives merely because she had
stayed with her husband for sometimes it those houses in the past.

With regard to section 17 (1) of the act the bench held that "the wife is only entitled to claim
right to residence, in a shared household, and a shared household would only mean the house
belonging to or taken a rent by the husband or the home which belongs to the joint family of
which the husband is member. As held in the case that property was exclusively of mother it
cannot be called a shared household.

The present legislation empowers the magistrate to pass protection order in fever of the
abused to prevent the abuser from aiding committing an act of domestic violence or any
peace frequented by the accused. attempting to communicate with the abused, isolating, any
assets used by both parties and causing violence to the abused, her relatives or other who
provides her assistance to escape from domestic violence. Section -18 provides for
appointment of protection officers; the proceeding of the complaint can be held in camera.
Section 19 provides that the magistrate may being satisfied, that domestic violence has been
taken place pass residence order restraining the respondent from dispossessing or disturbing
the possession of the aggrieved person from the shared household, directing the respondent to
remove himself from the shared household, restraining the respondent from alienating or
disposing of or encumbering the shared household restraining the respondent from
renouncing his right in the shared household except with the leave of the magistrate Section
20 deals with monetary relief.

The act enables the wife and or the female living in the relationship in nature of marriage to
file a complaint under the proposed enactment against any relatives of the husband of his
male partner but does not enable relative of the husband or male partner to file a complaint
against women. One of the fundamental nations behind law was to ensure that the rights of
sure women and children are protected and that they are not thrown women and children are
protected and that they are not thrown out of the matrimonial home. It is also feared that the
protection officer provided for in the act have been given extremely wide power (under
section 4 to 9) that have the potential to being misused. Such officers are intermediaries
between the court and the victim and are meant to take in application for domestic violence
and make a domestic violence report. They have been given powers to assist a court in the
discharge of its functions hence they may be gender biased and bureaucratic, once the court
issues the protecting order, the onus of implementation should lie with the state through its
police.

The Protection of Women from Domestic Violence act, 2005 is the first comprehensive legal
acknowledgment of domestic violence, the act may become a reality if it takes cognizance of
the objections raised and suggestion made by those who have been involved with women's
issue and gender justice. While the history of legislation in India does show that laws have
been amended numerous times, they do not seem to have served any purposed yet. These acts
have been piecemeal amendments and innovative and interpretation introduce a perception of
equality to women without bringing about any structural changes in the law. This is because
the judiciary and the legal machinery have dragged their collective heel in recognizing the
problems of violence that take place within the four walls of a supposedly secure home.

Criminal law, or for that matter any other law, is not a solution to all the problem facing
women within the four walls of their home. That made necessary to enact The Protection of
Women from Domestic Violence Act in 2005.
DOMESTIC VIOLENCE AND OTHER VARIOUS LAWS

There are several areas of concern for women in law. In criminal law, these problems are
partly embedded in substantive law and partly in procedural aspects, i.e., Cr PC 1973 and the
Evidence Act. 1872 The Indian constitution which is the fundamental law of the land
contains members of provisions for the benefit and protection of the women. The concept of
equality and non-discrimination finds its due place in Indian Constitution. Criminal law
consists of both substantive law and procedural law Substantive law defines offences and lays
down punishment for such offence, whereas procedural law explains how criminal should be
investigated. Most offences are contained in to the Indian Penal Code. If a woman is facing
indolence at home, she can approach criminal courts, the abuser will be arrested & this would
stop violence against the women.

Indian civil law does not recognize domestic violence as an issue in itself. The only specific
recognition of domestic violence is the concept of cruelty as ground for divorce and judicial
separations.

Civil law remedy against domestic violence per se are to be found in The Specific Relief Act
and Civil Procedure Code. The basic principle of general civil law is that on invasion of a
right or a threat of such an inversion would entitle a person to a mandatory or prohibitive
injections as a means of preventing the injury. Almost every single campaign against violence
is different story.

1. UNDER INDIAN PENAL CODE, 1860

Each year, the number of reported cases of women and battered increased. To stop the
violence and de violence against women many specific laws has been made Indian Penal
Code, 1860 define offence that may relevant in combating domestic violence

• Causing dowry death (Section 304 B)

• Abetment of suicide (Section 306) Hurt and grievous hurt (Section 319-320)

• Wrongful restraints and wrongful confinement (Section 339- and 348) Assault with the
intent to outrage modesty (Section 354)

• Sexual intercourse with separated woman (Section 376 A)

• Criminal branch of trust (Section 405)

• Cruelty by husband or his relative (Section 498- A)

• Bigamy (Section 494)

• Fraudulent marriage ceremony (Section 496) Deceitfully easing a person to believe that she
is lawfully married (Section 493)

Before 1983 there was no specific provision pertaining to domestic violence within home. It
is extremely difficult for women to prove violence by husband and in laws", beyond
reasonable doubt" as required by criminal jurisprudence. Firstly, there would be no witness to
corroborate her evidence as the offence is committed behind the closed doors. Secondly even
if the beating did not result in is grievous hurt, as stipulated by the Indian Penal Code, the
routine persistent beating would cause grave injury and mental to the woman and her
children.

In order to combat the increasing incident of torture of women by their husbands and his
relatives, the legislature enacted Sec 498 A of IPC & Sec. 113-A of the Indian Evidence Act.
In order to convict a person a crime under Sec-498A, the prosecution has to prove that the
accused committed acts of harassment or cruelty as contemplated by section and that the
harassment of cruelty was the case of the suicide.

A reasonable nexus has to be established between the cruelty and the suicide. The cruelty
established has to be of such gravity as to drive and ordinary woman to commit suicide. In
State of West Bengal v. Jaiswal, the court found that in the facts of that case there was no
material to show that the woman was hypersensitive and that for other reasons and not on
account of cruelty she would have taken her own life. The act of taking a child away from the
mother and beating the woman could amount to cruelty under Section 498A The initial
burden of proof is still on the prosecution to show that the woman was subjected to cruelty. It
is only after this that the presumption under Sec-113A Evidence Act applies the introduction
of section 498 A and sec. 113-A have not attend the requirement of standard of proof.

It there is an offence under sec 306 IPC them Abe has to be proved independently under sec
107 IPC Abetment does not involve the actual commission of crime in adv Gorbachev Singh
V. Sat pal Singh The court held that the constant demand of dowry taunts, ill treatment, cruel
behaviour are serious enough provocation for a woman to commit suicide Sec-498A although
conceived as a protection against dowry harassment, the wording of the section was wide
enough to apply to other situations of domestic violence.

DOWRY DEATH

As the earlier law was not sufficient to check dowry death the legislature introduced stringent
provisions under the section 3048 IPC and 113 B of Indian Evidence Act cruelty or
harassment has to be physical, even mental torture would in the facts and circumstances of a
given case amount to cruelty or harassment under Sec-498-A IPC In Pawan Kumar V. State
of Haryana," the court held that taunting the women for not bringing dowry is amount to
mental torture. Perumal V. St T. NT it was held that if there is quarrel a day before the
death, this would constitute wilful act of cruelty both within the meaning of Sec 498-A and
304-B of IPC. Kalra The concept of Section 304-B and 498-A are mutually exclusive. These
provisions deal with two distinct offences but closely relate with domestic violence Under
Sec 304-Bit is dowry death within the time period of seven years of marriage The offence
under Sec 304-B can be tried by the session court and it is a cognizable offence. Where the
complaint reveals a case of continuing offence of maltreatment and humiliation in various
cities then sec 178 (C) of Criminal Procedure Code applies Unlike section 498-A section 304-
B IPC, given no space to be used in situations where the violence is not linked to dowry.

ABETMENT OF SUICIDE: It may be difficult to make the abuser responsible for the death
under the provision for dowry death, but one may use the provision that provides punishment
for abetment of suicide Domestic violence may sometimes drive a woman to suicide.

There are three ways in which a person can be liable for abetment

1. Instigating someone to commit suicide: - Being part of conspiracy to make a person

commit suicide. the a better is liable only if something has been done to accomplish the
conspiracy, or

Intentionality helping someone to commit suicide by doing an act or by not doing something
that one is bound to do.

If a woman has been harassed and subjected to mental cruelty and has committed suicide
because of this mental cruelty, the person who harassed the women is liable for abetment of
the suicide. sec 306-307. Relevant provisions are confirmed in the courts have considered
constant dory demands, torture and cruel behaviour and taunts that a woman is carrying an
illegitimate child leading to suicide as abetment of suicide.
HURT AND GRIEVOUS HURT:

Sometimes, domestic violence does not result in something serious but still some hurt or
grievous hurt may be caused Physical violence in every form is an offence. including
husband or his relatives, who cause harm to a woman. can be punished. Hurt means
something which result in bodily pain, Relevant provision are contained under Section 319,
320,321,322,323,324,325 and 326 of IPC. Anybody.

MARITAL RAPE:

The concept of marital rape does exist in a very linked sense. Section 375 IPC provides if a
husband has sexual intercourse with his wife who is below 15 yrs. of age, would be rape. If
the woman is separated from her husband under a divorce of judicial separation and her
husband has sexual inter course with her without her consent, it would amount to rape.

OUTRAGING THE MODESTY OF A WOMAN

The female child is especially vulnerable to abuse in the un home The Indian Penal Code
under Sec-354 make all uses of criminal force to be a crime

Indian Penal Code under Sec-354 make assault or uses of criminal force to be a crime. The
term women in sec 354 would include a female human being of any age The word modesty
has not been defined in the Indian Penal Code The ultimate test for ascertaining whether the
modesty has been outraged is the action of the offender such as would be perceived as one,
which is capable of shouting the sense of decency of a woman who very uses criminal force
on her with intent to outrage her modesty, comment on offence punishable under Sec-354

CRIMINAL BREACH OF TRUST:

When a woman decides to move out of her matrimonial house due to unbearable domestic
violence. She will want to take her Stridhana and her property with her. If this property is in
the control of her husband or his relatives, he may misappropriate it or refuse to return it to
her. In such case she can use the provision dealing with criminal breach of trust. If a woman
has given her Stridhana or personal property to her husband or in laws for safe keeping and
they mis-appropriated or sold the properly, she can prosecute guilty persons with criminal
breach of trust, if they refuse to return her Stride 406 IPC provides punishment for criminal
breach of true says wherever commit criminal breach of trust shall be ponies with
imprisonment of either description for a term which may extend to 3yrs or with fine or with
both.

if a husband re-marriage during the subsistence of first marriage or if he was already married,
when he got married, he may guilty of bigamy it would be kind of domestic violence to the
woman. Relevant provision regarding bigamy is contained under section 494 and 495 of
Indian Penal Code.

2. PROVISION UNDER CRIMINAL PROCEDURE CODE If a woman does not want to

prosecute her husband but she can’t stop violence she can obtain an order compelling him to
vet a "Band for keeping the peace under this bond be will undertake to discontinue act of
violence and provide securities and sureties to the court as a guarantee of his conduct if
husband commits a breach of the bond and continues to commit act of violence against
woman, he will have to surrender his security to the court. If he is unable to do so. he can be
imprisoned for a remaining period of the bond in either case, saman will have to prove in
court that the bond was breached Relevant provision for this purpose are contained under
section 107 Cr. PC an application will be made to the executive magistrate by the woman that
husband is treating her violently & likely to continue the violence. Sec. 125 of the code order
for maintenance of wives’ children and parents.

The magistrate will make an order asking the husband to show cause why he should not be
made to execute a bond for keeping the peace. When husband appears before the court, the
magistrate will inquire into the truth of the matter brought before him. If on inquiry, the
magistrate feels that it is not necessary. husband will be made to execute a bond to keep the
peace, he may be required to provide sureties and securities. The proceedings have to be
completed within 6 months and the band can be issued for a period of a maximum of one
year.

UNDER OTHER SPECIFIC LAWS AGAINST FEMALE

FOETICIDE

In our country female foeticide has always bear as social, moral and legal wrong Under
Indian Penal Co 1860, stringent penalties have been laid down for can miscarriage whether it
has been caused with or without con of the woman A woman who causes herself to miscarry
may be punished The IPC even provides punishment whosoever before the birth of any child
does any act with the intention of thereby preventing that child from being born alive in
certain situations the right to abortion has been recognized under Medical Termination of
Pregnancy Act, 1973. Section-3 of this act provides for the termination of pregnancy by a
registered medical practitioner only where its continuance would invoke a risk to the life of
the pregnant woman or grave injury to her physical or mental health or whereas there is a
substantial risk that if the child was born it would suffer from such physical or mental
abnormalities as to be serious handicapped but in practice this Act has provided a licence to
every registered medical practitioner to terminate pregnancy whether it is a fit case within the
exception or not. There is no method to check whether the reason specified for termination of
pregnancy are true or not.

It is crystal clear that The Prenatal Diagnostic Techniques (Regulation and Prevention of
misuse) Act, 1994, despite the intent penalties failed to prevent the clinicians or the persons
om the sex determination test during the pre-nil stage of the regulatory provision did not have
any practical tense

Law must have an element of social acceptability and afferent status on a point must be
harmonious, consistent and in this light, the 1994 Act. blatantly flouted the said principles in
any case, in it is not a wealthy situation in a developed legal system based on democratic
principles and subscribing to the rule of law Therefore, the 1994, Act demanded
harmonization with the 1971 Act so as to achieve the common objective of having happy
familiar based on the desirable sex ratio proportions.

May 4, 2006, was red latter day when in the case of Centre for inquiry into health and allied
themes V. Union of India, the supreme court passed a stringent order commanding the central
and state government to implement the PNDT Act, 1994 and the rules framed in 1996. The
court also directed the legislature to amend the Act, to plug any loop holes to launch a vide
scale media campaigning on the issue and it also directed all the status to furnish quarterly
reports on the implementation and working of the Act. Order extorted the central supervisory
board with the responsibility of examining the necessity to amend the Act keeping in mind
the emerging technologies and difficulties encountered in implementing the Act and to take
recommendation to central government.

3. PROVISION UNDER CONSTITUTION LAW

Women enjoy a unique position in every society and country of the world. In spite of their
contribution in all spheres of life, they suffer in silence and belong to a class which is in a
disadvantaged position an account of several barriers and impediments. Gender Equality, as
an ideal, has always eluded the constitutional provision of equality before the law or the equal
protection of law The constitution of India confers a content of right upon woman The
fundamental law of the land assures the dignity of the individuals irrespective of their sex
community or place of birth. The history of supervision of women in India is very long and
the same has been responsible for including certain general as well as specific provisions for
upliftment of the status of women. The right guaranteed to the women are on par with the
right of men and in some cases the woman has been allowed to enjoy the benefit of certain
special provisions. In a scenario where the condition of Indian woman is pathetic, it is
pertinent here to analysis the various constitutional and other provisions which protect and
promote the basic of Indian woman.

Indian constitution is an instrument which guarantees to all the citizen of Indian certain basic
Human Rights implicit from the constitutional promises, fundamental rights and directive
Principle of state policy. The constitution maker while drafting the constitution were sensitive
to the problems faced by women and made specific provision relating to them. The Supreme
Le at various articles, not only mandates equality of the s but also authorizes bring
discrimination in favour of win

The constitutionally guaranteed fundamental ng w equality before the law and non-
discrimination on the ground of sex have been used by the supreme court of India as well as
the high courts to ensure gender justice to women

A woman in India is although awarded with the fundamental right of gender equality and
right to life and liberty ensuring dignified and equal status to that of a man under the
constitution of India. The men prevented the significant contributions of woman from
receiving due recognition. The women's liberation and progress certainly does not mean
hatred for the men Nevertheless in an era of emancipation the struggle for perfect equality of
sexes continues with the rise in awareness and emphasis upon the gender justice there is an
increasing endeavour to guard against the violation of these fundamental rights and strong
resentment towards harassment of women. If women are neglected humanity is deprived of
its energy and creativity-oriented conspiracy has

The biological weakness of a woman particularly makes her an easily vulnerable victim of
tyranny at the hands of man, in addition to socio-economic and educational factors. The
woman. whose inferior status is established at the birth itself in view of female infanticide
and sex determination, are confronted with multi-dimensional problems at all stages of life
which have acquired growing importance in the society Hence an integrated search of means
and methods is essential to prevent crimes, violence and atrocities against women.

FUNDAMENTAL RIGHTS

Human rights which are the entitlement of every man, woman and child because they are
human being have been made enforceable as constitutional or fundamental right in India. The
constitution of India enunciates the general principal of right to equality and prohibits the
state from denying to any person equality before law or the equal protection of the law.

Articles 14 to 18 of the constitution guaranties the right to equality to every citizen in India
Article 14 embodies the general principles of equality, before law and prohibits unreasonable
discrimination between persons.

Article 15 prohibits discrimination on the ground of sex Though article 14 of the constitution
prohibits class legislation but permits reasonable classification.

The Supreme Court declared that women as a class were different from men as a class Art
15(3) of the constitution specifically provides that the prohibition of discrimination on ground
of religion, race, caste, sex or place of birth an contained in Article 15, shall not prevent the
state from making any special provisions for women and children, Article 15 (3) lifts the
rigour and permits the state to positively discriminate in favour of women to make special
provision, to ameliorate their social, economic and political Justice and accords them partly,
in case of Sudhakar Reddy Vs. Govt. of A.P The Supreme Court upheld the validity of
provision to Sec-31(1) (a) of Andhra Pradesh co-operate societies Act 1964, and of Rules 22
(c) and 22(A)(3)(a) on the ground that article 15(3) of constitution permitted the making if
special provision for women.

RIGHT TO FREEDOM ARTICLE 19-21:

Personal liberty is the most important of all fundamental right. The foremost six basic rights
in the nature of freedom guaranteed to the citizens irrespective of sex by article 19 of the
constitution. Article 21 provides that "no person shall be deprived of his life or personal
liberty except according to procedure established by law. Restoring to judicial activism, the
supreme court has expanded the scope of right to life, to new horizons by reading many more
rights into it as integral and essential part thereof. Thus, women also have fundament right to
human dignity, to privacy, to healthy environment to primary education, to free legal did to
speedy trial as adjuncts to right to life.
RIGHT AGAINST EXPLOITATION ARTICLE-23-24

Article 23 of the constitution specifically propitiate trade I human beings Traffic in human
being means willing and g then and women like God and includes immoral traffic women
and children for immoral or other purpose strengths of article 23(1) of the constitution, the
legislature has passed the supervision of Immoral Traffic Act, 1956 which a at abolishing the
practice of prostitution and other forms of trafficking.

RIGHT TO FREEDOM OF RELIGION ARTICLE 25-28

Article 25 of the constitution guarantees to every person the freedom of conscience and the
right to profess, practice and proposal, religions

DIRECTIVE PRINCIPLES:

Fundamental rights cater to individual rights while the directive principles of state policy
cater to social needs. The Directive Principles of state policy contained in part IV of the
constitution incorporate many directives to the state to improve the status of women and for
their protection Act-39 (a) directs the state to direct its policy towards securing those citizens,
men and woman, equally have the right to an adequate means of livelihood. 39(d) directs the
state to secure equal pay for equal work for both men and women Art. 39(e) specifically
directs the not to abuse the health and strength of worker men and women Act 42 of the
constitution incorporates a very important or the benefit of women It directs the state to make
provisions for securing just and humane condition of work and for maternity relief

Article 44 directs the state to secure for the citizens a uniform civil code throughout the
territory of India This particular goal is towards the achievement of gender justice Even
though the state has not yet made any efforts to introduce Uniform Civil Code in India, the
judiciary has recognized the necessity of the uniformity in applications of civil laws like law
of marriage, succession, adoption and maintenance etc.

Despite so much of legal protection and liabilities on the part of government gender justice to
be a myth in India. Woman are still suffering of gender discrimination because of gender the
poorest illiterate and most discrimination they are Marable section of all castes as well as
communities suffering a number of atrocities. Female foeticide, child marriage, domestic
Momence, widow abuse, sati, dowry deaths, rape, sexual harassment physical & mental
torture, etc. Which are on an increase despite the high place given to gander justice in Indian
constitution.
PROVISIONS UNDER CIVIL LAW (UNDER PAMILY LAW)

Indian civil laws do not recognize domestic violence as an issue itself. The only specific
recognition of domestic violence is the concept of cruelty as ground for divorce and judicial
separations, even this ground applies in restricted circumstances and does not cover all
aspects of domestic violence. The meaning of cruelty differs in the various personal laws
applicable depending on the religion of the parties. This implies that the remedies for only
same type of domestic violence, that the remedies available are inadequate and that they do
not address the problem in its entirely. There is no specific remedy to a spouse who does not
wish to move for a divorce or judicial separation domestic violence in a non- matrimonial
situation is not recognized.

Civil law against domestic violence per se are to be found in The Specific Relief Act, and the
Civil Procedure Code. The basic principle of general civil law is that an invasion of a right or
a threat of such an invasion would entitle a person to a mandatory or prohibitive injection as a
means of preventing the injury. Therefore, in the absence of a specialized remedy, the ought
of a woman to bodily and psychological integrity, which is actually invaded would entitle her
to seek recourse under the existing civil law. Other civil laws relevant to situation of domestic
violence are with respect to maintenance and custody and guardianship of children. Civil law
remedy allows women to take action against her that does not involve sending him to jail.

If a woman is subjected to aggressive and violent behaviour her husband, she can end the
marriage, this can be done there by executing a separation agreement with her husband by
judicial separation or by divorce. The law limits the reasons of grounds upon which a person
may get matrimonial relief The Hindu marriage act, 1955 content of judicial separation or by
divorcee The law limits the reasons of grounds upon which person may get matrimonial
relief. The Hindu Marriage Act, 1955 deals with aspect of domestic violence only in the
content of judicial separation and divorce. Section-10 of the Hindu Carnage Act entitles
either party to a marriage to present a petition for judicial separation on the same ground as
are available for a decree of divorce. Cruelty under section 132 as a ground for divorce is the
only legal instance of recognition of domestic violence in civil law through it is available
only in the extreme cases of judicial separation and divorce

Thus, most matrimonial status recognize cruelty as a und for judicial separation and divorce.

However, the concept of cruelty has not been defined in the matrimonial statutes except the
dissolution of Muslim Marriage Act 1939. Under The Parsi marriage and The Divorce Act,
1936 and it has been defined under the act many acts have been held to amount cruelty over
the year some of these are as fellow:

Refoul of the spouse to have sexual intercourse with the Belong kinking snipping or punching
of a spouse

Constant quadrilling Adultery

Dowry demand after marriage

Some of the acts of the cruelty mentioned above are finance a domestic violence and as such
it is clear that an act in order to amount to cruelty need not be an act of violence of criminal
nature

No process definition of cruelty exists, nor is it possible to Act or conduct constituting cruelty
can be so numerous do so and varied that it would be impossible to fit them into any water
tight compartment: Cruelty is worded in Matrimonial Causes Act, 1973, as the respondent
has behaved in such a way that the petitioner cannot reasonably be expected to live with the
respondent

PROVISION FOR MAINTENANCE FOR CHILDREN:

Where domestic violence occurs, children are the worst sufferers, Children can claim
maintenance from their father under both civil and criminal law Application for this purpose
can be moved under order 32, Code of Civil Procedure, 1908 by the child if he is above age if
18 yrs., adult called next friend of minor

RIGHT TO RESIDE IN MATRIMONIAL HOME:

So far as law relating to the right of a woman to reside in the matrimonial home is concerned
Indian law is still behind laws of other countries and till date, we have no law which
expressly gives the wife a right in her matrimonial home. Court have endeavoured to make
provision for the wife in the maintenance award so that women are not left without a place to
live in on divorce or judicial separation.

5. OTHER CIVIL REMEDIES

UNDER SPECIFIC RELIEF ACT, 1963

Section 36 of the Specific Relief Act, action for injunction for protection of right whether
legal or equitable can be filed. The injunction can be mandatory i.e., compelling the
defendant to do an act in order to protect or enforce the right on the plaintiff or the injunction
can be restrictive Le. prohibiting the defendant from doing on act or acts which threatens to
take away the rights or entitlements of the plaintiff. The scope of the provisions of The
Specific Relief Act with respect to induction is very wide There is no bar against provisions
of The Specific Relief Act being applied to a situation involving domestic violence.
However, the provisions of this Act have never been resorted to in situations of domestic
violence. A wife who has been illegally thrown out of the matrimonial home by her husband
or any other person can sue for re-entry of the house under section 6 of the Specific Relief
Act

INJUNCTION AND RESTRAINING ORDERS:

An injunction is a court order where by a person is order to do or reclaim from doing

something. Injunctions can be obtained by applying under section-38 of the Specific Relief
Act. 1963.

Under this provision, a woman can apply for restraining order from the court against her
husband on the ground that he will not commit abusive and violent act against her. The
advantage of applying for an injunction is a lot of flexibility regarding the kind of order a
woman can obtain from the court for instance if husband is harassing at work, woman can ask
for under restraining her from coming within a certain distance of her place of work if she
lives apart him, she can ask for restraining order preventing him from coming within the
vicinity of her home. A woman can apply for both damages and injunction order in a tort suit.

6. UNDER TORT

If husband is violent and abusive another legal remedy available is under the law of torts that
deals with the liability the person for wrong committed against another including the wrong
of trespass to the present trespass to the person is the broad term used to not various forms of
physical and psychological injury committed upon a person There are three categories of
trespass to the person assault, battery and false imprisonment. A woman does not have to
divorce or judicially separate from her husband to due him in tort, battery, assault and false
imprisonment can be the form of domestic violence under, defined in Domestic Violence Act
2005.