ISSN: 2690-0688

Research Article Journal of Humanities & Social Sciences

The Analysis of Factors on Domestic Violence: The Case of Some Asian Countries
Nyamgerel Lkhamtogmid* and Nyamsuren Choijilsuren

Ph. D student at University of Internal Affairs, Mongolia. Corresponding Author

*

Nyamgerel Lkhamtogmid, Ph. D student at University of Internal Affairs,

Mongolia

Submitted: 2024, Mar 14; Accepted: 2024, Apr 22; Published: 2024, Jun 21

Citation: Nyamgerel, T., Nyamsuren, Ch. (2024). The Analysis of Factors on Domestic Violence: The Case of Some Asian
Countries. J Huma SociScie, 7(6), 01-09.

Abstract
The main goal of our study examines the prevalence and determinants of domestic violence across various Asian nations.
It highlights that domestic violence, both physical and sexual, is a pervasive issue affecting women in these regions, with
significant variations observed between South and Southeast Asian countries.Key factors contributing to domestic violence
include socio-economic status, educational levels, and cultural norms that often perpetuate gender inequalities. The study also
notes the role of community and national interventions in mitigating domestic violence, emphasizing the need for comprehensive
and culturally sensitive approaches to effectively address this issue.

Keywords: Violence, Domestic Violence, Resource Theory, Exchange Theory, The Patriarchal Theory, Modernization Theory
1.The Theoretical Framework Domestic Violence - Economic Dependency Theory
The scholars studied domesticviolence’s many theories during the - Economic dependency has frequently been associated with a
science period. Resource Theory was first espoused by Goode (in decrease in women’s access to educational, economic, and political
1971) and suggests that the more resources a husband brings to a resources.
relationship, the more power he has, but the less likely he will resort
to violence. When, however, a man’s superior power is threatened The Literature Reviews
by a wife’s access to educational or job-related resources, he may Anne L. Ganley, Ph.D. explained that Domestic violence is a
resort to violence to re-establish himself asdominant. pattern of assaultive and coercive behaviors, including physical,
sexual, and psychological attacks, as well as economic coercion,
Exchange Theory: Exchange theory suggests that domestic that adults or adolescents use against their intimate partners.
violence will be particularly high in societies where its benefits to
perpetrators are high and particularly low in societies where the Domestic violence is a problem of epidemic proportions with far-
costs to perpetrators are low. In many societies costs of violence are reaching consequences for individual victims, their children, and
low because of inadequate social controls placed on such behavior their communities. Domestic violence results in death, serious
and because an emphasis on male aggressiveness encourages it. injury, and chronic medical and mental health issues for victims,
their children, the perpetrators, and others.
The Patriarchal Theory: This theory submits that, throughout
history, males have dominated society, and women were to be The lethal outcome of domestic violence is tragically evident in
treated as men’s possessions. Patriarchal norms protect men’s media reports that describe a steady stream of homicides against
ability to control their wives and justify their use of violence to victims, their children, family, or friends, those who are trying to
do so. protect them, innocent bystanders, and perpetrators.

Modernization Theory: Modernization frequently leads Domestic violence presents unique challenges to the health
to a valuing of universalistic over particularistic norms and care system and requires specialized responses from health care
achievement over ascription. Hence, we expect women (and men) providers. Before providers are able to effectively and efficiently
to be freed from traditional. respond to patients experiencing domestic violence, they must first
- Gender norms as a country modernizes. understand the nature and etiology of the problem as well as its

J Huma SociScie 2024 Volume 7 | Issue 6 | 1

impact on victims, children, and the community as a whole. should stay at home, not enter at workplace, and be submissive,
men support the family and make decisions).
Domestic violence has many names: wife abuse, marital assault, 5.Legal and political factors: are lesser legal status of women
woman battery, spouse abuse, wife beating, conjugal violence, either by written law or by practice, laws regarding divorce, child
intimate violence, battering, partner abuse, for example. Sometimes custody, maintenance and inheritance, low level of legal literacy
these terms are used interchangeably to refer to the problem, while among women, insensitive treatment of women and girls by police
at other times a particular term is used to reflect a specific meaning and judiciary, and political factors includes domestic violence
(e.g., “woman abuse” to highlight the fact that most victims are not taken seriously, limited participation of women in organizing
women). In addition to these multiple terms, there are different political polices, underrepresentation of women in police, media,
behavioral and legal definitions for domestic violence. politics etc.

Abdul Raffie Naik (2016) explained that Domestic violence is Krug, E.; Dahlberg, L.L.; Mercy, J.A.; Zwi, A.B.; Lozano, R.,
an offence and is one of the major causes for increase of crime eds. (2002) argued that Domestic violence refers to interpersonal
index of the state. Domestic violence is destructive behavior in violence which takes place in domestic settings, family
an intimate relationship where one person tries to dominate and relationships and intimate relationships. It is also known as family
control other in a dating or marital relationship or in cohabitation, violence or spousal abuse. Anyone (men or women) can become a
which causes physical, psychological, or sexual harm to those in domestic violence offender or victim.
that relationship.Hetries to explain n the root causes of domestic
violence which includes certain rick factors such as individual, Domestic violence is destructive behavior in an intimate
relationship, community, societal, legal, and political factors. These relationship where one person tries to dominate and control
factors are responsible for domestic violence and its consequences the other in a dating or marital relationship or in cohabitation,
on the victim's psychological as well as physical health in day-to- which causes physical, psychological, or sexual harm to those
day life. The paper also highlights the difference forms of domestic in that relationship. It includes acts of physical aggression like
violence such as physical, psychological, emotional, sexual, slapping, hitting, kicking, or beating, psychological abuse such
verbal, or economic. as intimidation, constant belittling or humiliation, forces sexual
intercourse or any other controlling behavior like isolating a
Abdul Raffie Naik (2016) categorises risk factors under five person from family and friends, monitoring their movements
headings as below: and restricting access to information or assistance (Krug E. et. al.
1.Individual risk factors: includes low self-esteem, low income, 2002).
low academic achievement, aggression or delinquent behavior as
youth, heavy alcohol, and drug use, antisocial or borderline Turmen T (2013), Domestic violence is spreading like
personality traits, unemployment, prior history of being physically communicable disease. It is a global problem and affects victim’s
or psychologically abusive, depression, anger and hostility, bad life. Domestic violence is a major problem as it is violating
company, emotional dependence, and insecurity etc. victims as well as social rights/ norms. It can be prevented at local
2.Relationship factors: includes economic stress, unhealthy family as well as national and international level. At the primary level
relationships and interactions, marital instability-divorces or education should be provided about the current problems and
separations, marital conflict-fights, dominance, and control of the school-based programmers should be organized. Certain strategies
relationship by partner over the other etc. have been formulated by WHO like periodical survey conduction,
3.Community factors: includes poverty and associated factors, development protocol and guidelines and information material on
weak community sanctions against IPV (intimate partner domestic violence among others (Turman, 1998).
violence), lack of institutions, relationships, and norms that shape
a community’s social interactions. We summarized key elements and its meaning about domestic
4.Societal factors: are traditional gender norms (e.g. women violence as below:

Key Element Meaning

Conduct by adults or adolescents against their Domestic violence can occur in various types of intimate
intimate partners in any form of relationship. relationships, including those between current or former partners,
whether they are heterosexual, gay, or lesbian.
A pattern of assaultive and coercive behaviors Domestic violence involves a range of abusive behaviors that can
involving physical, sexual, psychological, and be physical, sexual, psychological, or economic in nature.
economic attacks.
A pattern of behaviors using various tactics, both The abuse consists of various tactics, both harmful and non-
harmful and non-criminal, occurring frequently. harmful, legal and illegal, which can occur frequently, even daily.

J Huma SociScie 2024 Volume 7 | Issue 6 | 2

 Physical attacks, controlling tactics, and terrorism Perpetrators use a mix of violent, terrorizing, and controlling
causing fear and harm to victims and their children. actions that cause fear and harm to the victims and their children,
both physically and psychologically.
5. A pattern of purposeful behavior, directed at The abusive behaviors are intentional and aimed at making the
achieving compliance from or control over the victim comply with or be controlled by the abuser.
victim.
Table. 01. The key elements and meaning of domestic violence.
The Comparisons About Gender-Based Violence in Asian Women are less likely to report sexual abuse as they fear retaliation,
Countries rejection, victim-blaming, and stigmatization.
With the support of the Spotlight Regional Program for Central
Asia, funded by the European Union, an expert dialogue was Only 77 countries have legislation that explicitly criminalizes
organized to discuss the scope, consequences, and outcomes of the marital rape.In most cases of sexual violence, the perpetrator is not
criminalization of domestic and partner violence. a stranger, but a partner, a family member, a friend or a neighbor.
Ninety-one per cent of survivors in Thailand and 86 per cent of
Maciej Madalinski, Deputy Head of Mission of the Delegation of survivors in Vietnam stated that they knew their rapist prior to the
the European Union to the Republic of Kazakhstan (2023), Human incident.20,000 women were killed women by intimate partners or
rights and gender equality are the core of European Union’s family members in Asia in 2017, alone.20,000 women were killed
external action. It is a great honor to be with you here today, as by intimate partners or family members in Asia in 2017, alone.
every day your tireless work and your deep commitment bring us Although the percentage of women and girls intentionally killed
a step closer to the elimination of gender-based violence in Central by their intimate partners or family members is greatest in Africa,
Asia. We note the high level of cooperation between countries, Asia hasthe largest number of women and girls killed overall.
representatives of various sectors involved in protecting women
from violence, as well as the range of issues included in the scope In China, 38 per cent of women experienced psychological
of the regional program, ”. violence by their own partners. Statistics on sexual violence against
- 1 in 3 women, worldwide, have experienced physical or sexual women in the Western-Pacific Region, show some of the highest
violence. prevalence rates worldwide.In Nauru, over 43 percent of women
Violence by a husband or male intimate partner (physical, sexual fell victim to sexual violence in their lifetime, by a perpetrator
or psychological) is the most widespread form of violence against who was not their current or former partner, while 28 percent of
women globally. women in Vanuatu stated that their first sexual experience was
- 2 in 3 women report that they or a woman they know have ever forced. Women and girls make up 68 percent of trafficked persons
experienced violence. In East Asia and the Pacific, women, and girls make up 68 percent
Most violence against women is intimate partner violence. In of trafficked persons. About a half of the detected victims in the
Southeast Asia 33 per cent of partnered women aged 15-49 will region are women. Many detected victims in East Asia and the
experience physical and/or sexual violence from a current or Pacific continue to be trafficked for sexual exploitation, accounting
former husband or male partner at least once in their lifetime. 17 for 64 percent of detected cases.
per cent of partnered women subjected to physical and/or sexual
violence from a current or former partner in the past 12 months. In Indonesia, 49 per cent of girls under 14 have undergone some
Most violence against women is intimate partner violence. In many form of female genital mutilation, although it is outlawed. 44 per
countries across Asia and the Pacific, the proportion of women cent of all child brides are from South Asia, globally 650 million
who report having experienced physical or sexual violence by an girls and women alive today were married before the age of 18.
intimate partner in their lifetime is substantially higher than the
global average of 27 per cent; at 35 per cent in India, 38 per cent in Violence against women in the Asia-Pacific region is also
Timor Leste, and 50 percent and over in Fiji, Kiribati, Papua New perpetrated through sexual and street harassment, menstruation
Guinea, Solomon Islands and Bangladesh. stigmatization and lack of access to hygiene products, dowry-
related violence, forced marriage, digital harassment and
In the past 12 months alone, 28 per cent of women in Timor-Leste, cyberviolence, marital rape and lack of access to justice and
29 per cent of women in Vanuatu, 31 per cent of women in PNG survivor-centered support systems.
and 23 per cent of women in Bangladesh experienced intimate
partner violence. 6This is substantially above the global average Mongolia: In 2017, for the first time in our country, the "Gender-
of 13 per cent. Based Violence Prevalence Survey" was organized by the National
75 per cent of women have experienced sexual harassment. Statistics Committee with the support of the United Nations
Population Fund and the Swiss Development Agency. The study
In Asia and the Pacific, as many as 75 per cent of women have determined the form, prevalence, causes, and consequences of
experienced sexual harassment. violence against Mongolian women, and compiled qualitative

J Huma SociScie 2024 Volume 7 | Issue 6 | 3

and quantitative data to calculate the indicators and results of the The most common perpetrators of violence and abuse were
Sustainable Development Goals, including the 5th Goal of Gender other family members (29.5 per cent). A 2021 study by the
Equality. Communications Regulatory Commission and Mongolian
Marketing Consulting Group reveals that 33% of children
A detailed analysis based on the data of the study conducted at come across child sexual abuse materials online. Furthermore,
the national level in accordance with internationally recognized according to the recent violence and harassment at work study
methodology was presented at today's consultation meeting, and (2021) conducted by the National Human Rights Commission of
the consequences and impacts were discussed. Mongolia and the International Labor Organization, 10 per cent of
women said they had experienced sexual harassment of some form
Ulaanbaatar, December 7, 2023 /MONCAME/. A high-level at their workplace .
consultation meeting to discuss the "In-Depth Analysis of the
Prevalence of Gender-Based Violence in Mongolia: Key Findings Goal 5: “Achieve gender equality and empower all women and girls
and Policy Implications" was held on the 7th of December 2024 . “. Target 5.2: “Eliminate all forms of violence against all women
and girls in the public and private spheres, including trafficking
It has been 25 years since Mongolia joined the global movement, and sexual and other types of exploitation”. Indicator 5.2.1:
which raises awareness about the reality of gender-based violence Proportion of ever-partnered women and girls aged 15 years and
and actively engages the public toward ending the discriminatory older subjected to physical, sexual or psychological violence by a
gender norms and stereotypes that underlie the violence. current or former intimate partner in the previous 12 months, by
form of violence and by age. Indicator 5.2.2: Proportion of women
According to the National Gender-based Violence Survey, one in and girls aged 15 years and older subjected to sexual violence by
every two Mongolian women has experienced violence perpetrated persons other than an intimate partner in the previous 12 months,
by an intimate partner at least once in their lives. Regrettably, at by age and place of occurrence in Sustainable development.
least one in every three survivors of physical and sexual violence
believes that a man is justified in hitting his partner under certain UN statistical indicator on violence against women - non-partner
circumstances. One in ten (10.7 per cent) of all women reported violence by type of violence, age group, perpetrator, and frequency:
having experienced sexual abuse before they were 15 years old.

Graph 01. UN statistical indicator on violence

We used our research work and the material of the 2017 gender ways to combat it.
sensitivity survey, which is the primary research work in our Domestic violence is defined as whether or not the abuser lives
country, as a source. in the same household as the victim, the spouse, other family
members, cohabitants, guardians, supporters, persons under their
Lack of access to education is a factor affecting domestic care or protection, persons living with the same family, or those
violence: Domestic violence is a negative social phenomenon that living separately. , is committed between closely related persons
violates a number of fundamental rights of individuals protected such as adopted children, birth and adoptive parents, brothers,
by the Constitution, including freedom of inviolability, living in sisters, and siblings.
a healthy and safe environment, education, free expression of
opinions, and the right to life. In 2017, the Great Khural of Mongolia approved the revision of
the Law on Combating Domestic Violence. According to this law,
The world recognizes that the most common violation of human violence committed by divorced spouses, cohabitants, or those who
rights is violence of any kind, the most serious of which is violence have not lived together but have a family relationship, including
between people related to gender and family, and actively seeks children, is considered domestic violence, and can be prosecuted
J Huma SociScie 2024 Volume 7 | Issue 6 | 4
under the Misdemeanor and Criminal Law. or 18.2 percent from the same period of the previous year. 51.0
percent of this type of crime was registered in Ulaanbaatar city
The Vulnerability Identification Model is used to identify, protect, and 49.0 percent in the local area. However, in 2023, 126 cases of
and assist affected citizens who are at risk of international violence, domestic violence under Article 11.7 of the Criminal Code were
harassment, and exploitation, and to develop and implement registered, which is an increase of 28 cases or 28.6 percent from
interventions aimed at reducing the vulnerability of those citizens. the previous year.
Based on this model, we aim to develop the structural factors
affecting women's exposure to domestic violence based on Out of 1,459 victims of domestic violence, 1,282 or 87.9 percent
quantitative research. are women, and 170 or 11.7 percent are children. 611 or 47.6
percent of the women victims are unemployed.
To prevent any type of crime or violation, and to provide the
necessary support to the victim, it is most important to determine Based on this, there is a high incidence of domestic violence crimes
the causes and factors of the crime or violation. and crimes caused by domestic violence among poor households
without specific jobs.
Domestic violence is common in many countries around the
world, and its manifestations and methods vary. Although different As defined by the International Classification of Education
countries face different causes of crime, the underlying causes (ISCED), education consists of pre-planned and systematic
remain the same worldwide, according to a study by the Austrian activities aimed at satisfying human learning needs. Educational
Human Rights Careers (HRC). activities are organized, and continuous communication is aimed
at imparting knowledge.
The study also said that "women are not considered to tolerate
domestic violence, but only 1/4 of women worldwide report According to the General Law on Education, the purpose of
experiencing domestic violence." Also, in the study, factors education is to create equal opportunities for everyone to get
affecting women's domestic violence include economic limitations quality education, to learn and work throughout their lives, and
and employment inequality; considered in relation to lack of access to cultivate citizens with morals and good character. based on
to education and other factors. advanced scientific trends; be stable, coherent and flexible; equal
access, non-discrimination and openness; ensuring public and
According to the victimology research report on domestic violence public participation and joint responsibility; promote lifelong
against children and women, "According to the results of the survey learning; compliance with the national hierarchy of qualifications;
conducted among citizens, it is noteworthy that the fear of divorce freedom from politics or conflicts of interest; It will be aimed at
is the highest (50 percent). Also, the indicators of lack of legal preserving human rights, freedom, statehood, history, cultural
knowledge, fear of coming back, fear of threats and harassment, traditions and values, democratic and humanitarian values.
and fear of the formation of discordant family relationships
account for 33-43 percent, which shows that the victim's behavior According to the results of the 2020 Population and Housing
of not damaging his personal relationship is the highest. Census of the National Statistics Committee, 64.9 percent of the
total population, 60.2 percent of the female population, and 69.9
Economic deprivation and employment inequality are factors percent of the male population have less than secondary education.
that contribute to domestic violence: The National Statistics
Committee of Mongolia and the World Bank conducted a study According to the police, 1029 or 77.1 percent of the 1334 people
to determine the poverty level based on the results of the 2018 investigated for domestic violence crimes in 2023 have less than
Household Socio-Economic Survey. Considering the results of the secondary education. According to this, the "lower" the level of
poverty calculation in the study, the poverty level of the population education of an individual, the higher the probability of committing
of Mongolia was 29.6 percent in 2016, 28.4 percent in 2018, 27.8 violence and experiencing violence.
percent in 2020, and 27.1 percent in 2022, decreasing by 2.5
percent from the level of 2016 and 0.7 percent from the level of Other Factors That Make Women Vulnerable To Domestic
2020. . Violence Include: In some types of crimes, especially domestic
According to the survey, the poverty rate has decreased in both violence crimes, the victim's roots and local customs cannot be
urban and rural areas since 2016, but the rate of decrease has been denied the importance of crime victimology.
significantly slower in urban areas. In other words, the proportion
of poor people living in urban areas has continuously increased Also, scientists believe that "religion preaches obedience and
to 64 percent in 2022 due to the increase in the proportion of the modesty to people on the one hand, and simple modesty on the
population in urban areas. other hand, but this affects the use of force and violence in some
cases." becoming one of the problems.
According to the data of the police organization, in 2023, 35,574
crimes were registered nationwide, 1,415 crimes committed due to Although there are no statistics on crimes related to religion,
domestic violence were registered, which decreased by 314 cases according to law enforcement agencies, this does not mean that
J Huma SociScie 2024 Volume 7 | Issue 6 | 5
it is not related to it.It cannot be denied that there is no domestic minorities. It should be noted that these people often lack social
violence research in our country, which is hidden among ethnic protection, including protection from criminals as below:

Image 01. Protection from criminals

UN statistical indicator on violence against women - Partner violence by age group, partnership status and frequency:

J Huma SociScie 2024 Volume 7 | Issue 6 | 6

J Huma SociScie 2024 Volume 7 | Issue 6 | 7
Conclusion from their partners. The Western-Pacific region records some of
We concluded our study that: the highest rates of sexual violence globally, with 43 percent of
Domestic violence remains a pervasive issue across Southeast women in Nauru and 28 percent in Vanuatu experiencing forced
Asia, with 33 percent of partnered women aged 15-49 experiencing sexual encounters. Trafficking remains a severe issue, with women
physical and/or sexual violence from a current or former partner at and girls comprising 68 percent of trafficked persons in East Asia
least once in their lifetime. Recent statistics show that 17 percent and the Pacific, primarily for sexual exploitation.
of these women faced such violence within the past year. Intimate
partner violence (IPV) is particularly prevalent, with rates in many Indonesia reports that 49 percent of girls under 14 have undergone
Asian and Pacific countries exceeding the global average of 27 female genital mutilation despite its illegality. Additionally,
percent; notably, 35 percent in India, 38 percent in Timor-Leste, South Asia is home to 44 percent of all child brides, contributing
and over 50 percent in Fiji, Kiribati, Papua New Guinea, Solomon to the 650 million women and girls globally who were married
Islands, and Bangladesh. In the past year alone, IPV rates have before 18. Violence against women in the Asia-Pacific region
been alarmingly high in Timor-Leste (28 percent), Vanuatu (29 is exacerbated by various forms, including street harassment,
percent), Papua New Guinea (31 percent), and Bangladesh (23 menstruation stigmatization, dowry-related violence, forced
percent), far surpassing the global average of 13 percent. marriage, digital harassment, cyber violence, and limited access to
justice and support systems. In Mongolia, the 2017 Gender-Based
Sexual harassment is also widespread, affecting up to 75 percent Violence Prevalence Survey, supported by the UN and the Swiss
of women in Asia and the Pacific. Fear of retaliation, rejection, Development Agency, provided critical data to inform gender
victim-blaming, and stigmatization often deter women from equality efforts and the Sustainable Development Goals.
reporting sexual abuse. Despite the existence of legislation in 77
countries that criminalizes marital rape, many perpetrators are References
known to the survivors, as evidenced by 91 percent of survivors 1. Socio-economic and Cultural Factors: A study by De Silva
in Thailand and 86 percent in Vietnam knowing their assailant. (2019) emphasizes that socio-economic conditions, cultural
Tragically, in 2017 alone, 20,000 women were killed by intimate norms, and societal expectations play crucial roles in the
partners or family members in Asia. prevalence of domestic violence in Asian countries. Lower
socio-economic status, lower educational attainment, and
In China, 38 percent of women have faced psychological violence traditional gender roles that condone male dominance are

J Huma SociScie 2024 Volume 7 | Issue 6 | 8

 significant contributors to domestic violence in these regions 4. Legislative Measures and Challenges: A legislative overview
(BioMed Central). by Bagshaw (2008) examines the domestic violence laws in
2. Intimate Partner Violence (IPV) Prevalence: Research South Asian countries like India, Pakistan, and Bangladesh.
conducted in Malaysia highlights that intimate partner violence The study discusses how these laws are implemented and the
is prevalent with a wide range between 4.94% and 35.9%. cultural and systemic challenges that hinder their effectiveness
The study by Shuib et al. (2013) identified lower education, (BioMed Central).
substance abuse, controlling behaviors by husbands, and lack 5. Community and Institutional Interventions: Xu, Kerley,
of social support as key factors associated with IPV (BioMed and Sirisunyaluck (2011) explored the role of community
Central). and institutional interventions in urban Thailand. Their
3. Health and Psychological Impact: According to a systematic study underscores the importance of community awareness
review by Ellsberg et al. (2008), domestic violence programs and institutional support systems in mitigating
significantly impacts women's physical and mental health. domestic violence (BioMed Central).
The WHO multi-country study, which included Asian 6. Krug, E., Dahlberg, L.L., Mercy, J.A., Zwi, A.B., Lozano, R.,
countries, found that women experiencing IPV suffer from et al. (2002). World Report on Violence and Health. Geneva:
various health issues, including stress-related disorders and World Health Organization.
reproductive health problems (BioMed Central). 7. Turmen T (1998). The health dimensions. UN Chron 1:18-19.

Food Notes
https://www.undp.org/kazakhstan/news/criminalization-domestic-violence-agenda-central-asian-countries
https://www.montsame.mn/mn/read/333092
3. https://www.undp.org/mongolia/press-releases/joint-statement-united-nations-mongolia

Copyright: © 2024 Nyamgerel Lkhamtogmid, et al. This is an

open-access article distributed under the terms of the Creative
Commons Attribution License, which permits unrestricted use,
distribution, and reproduction in any medium, provided the
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