DOMESTIC VIOLENCE

Introduction – what is domestic violence

Any sort of violence or abuse that occurs within the house, such as in a marriage or
cohabitation, is known as domestic violence (also known as domestic abuse or family
violence). Domestic violence and intimate partner violence are often used interchangeably.
Intimate partner violence happens when one spouse in an intimate relationship acts
aggressively against the other. It can happen in heterosexual or same-sex relationships, as well
as in relationships between former spouses or partners. Aggression towards children, parents,
and the elderly are included in the definition of domestic violence in its broadest sense.
Domestic violence can take many forms, including physical, verbal, emotional, economic,
religious, reproductive, or sexual assault. From subtle persuasion to marital rape and other
forms of violent physical assault, it can take various forms. Stoning, bride burning, honour
killing, and dowry death are all examples of domestic homicide.
For both men and women, domestic violence is one of the most underreported crimes in the
world. Domestic abuse awareness, perception, description, and documentation vary greatly
from country to country. Many people do not see themselves as abusers or victims since their
experiences are viewed as out-of-control family conflicts.
There may be a cycle of abuse in abusive relationships, with tensions rising and an act of
violence being done, followed by a period of reconciliation and peace. Isolation, power, and
control, traumatic bonding with the abuser, cultural acceptability, lack of financial means, fear,
and shame, or protecting children may keep victims imprisoned in domestic violence situations.
Physical limitations, dysregulated aggressiveness, chronic health problems, mental illness,
restricted resources, and a poor ability to form good relationships are all possible outcomes of
abuse. Victims may suffer from significant psychological problems, such as post-traumatic
stress disorder (PTSD).
Types of domestic violence
According to a report by UN Women, verbal abuse is the most common kind (50 per cent),
followed by sexual harassment (40 per cent), physical abuse (36 per cent), denial of basic
necessities (35 per cent), and denial of communication (35 per cent), (30 per cent). Seven out
of ten women polled felt that violence against women is frequent in their neighbourhood.
Physical abuse
Domestic violence through physical abuse is the most recognised form of domestic violence.
It involves physical hurt being caused to the victim. It can also include physical contact that is
done to cause fear of injury, harm etc, to the victim. Physical violence is all about showing and
asserting control. Other abusive behaviours, such as threats, intimidation, and restrictions on
victim self-determination through isolation, manipulation, and other limitations of personal
freedom can lead to physical violence. Physical abuse can also include denial of medical care,
sleep deprivation, and forced drug or alcohol usage. It can also include inflicting physical
violence on other people, such as children or pets, in order to harm the victim emotionally.
Common types of physical abuse include punching, choking or strangulation, hitting, slapping
etc. Forceful restraint or throwing objects and smashing walls during arguments also come
under physical abuse. Physical abuse during pregnancy can negatively impact the woman and
the foetus and cause long-lasting consequences.

Emotional or psychological abuse

Abuse need not always be physical. Emotional and psychological kinds of abuse have very
little recognition in society, especially since mental health is hardly given importance. Even in
the 21st century, people do not consider mental well-being as a crucial part of the overall well-
being of the human body. The psychological consequences of domestic violence can be huge
from absolute deprecation to self-worth to even the belief that a person deserves the violence.
Emotionally berating the victim, persistent insults and humiliation all fall under this category.
Former or present intimate partners are the most common perpetrators of stalking, which is a
common kind of psychological intimidation. Victims often believe their spouse has complete
control over them, which has a significant impact on the power dynamic in a relationship,
elevating the perpetrator while disempowering the victim. Victims frequently suffer from
depression, which puts them at risk for eating disorders, suicide, and drug and alcohol misuse.
Because there is no physical proof of this kind of abuse, people do not consider this type of
domestic violence worthy of attention.
Sexual abuse
Sexual abuse is any sexual act, effort to obtain a sexual act, unwanted sexual comments or
approaches, or acts to traffic, or otherwise aimed, against a person’s sexuality using coercion.
Inspections for virginity and female genital mutilation are also a method of sexual abuse.
Sexual abuse happens when a person is verbally forced into consenting when they are unable
to understand the nature or condition of the act, when they are unable to deny participation, or
when they are unable to articulate their refusal to engage in the sexual act. This could be owing
to immaturity, illness, disability, or being under the influence of alcohol or other substances, or
it could be due to intimidation or pressure. Another type of sexual abuse is reproductive
coercion. Forcing the victim to abort a pregnancy and refusing to use contraceptives are
examples of sexual abuse.
Forcibly having sexual intercourse with one’s spouse without their consent is marital rape.
However, marital rape is not a criminal act almost throughout the world including India. This
is because women are considered the husband’s property after marriage with no personal and
sexual autonomy and dignity. Currently, the Supreme Court of India is hearing petitions to
criminalize marital rape. However, the petitions have been publicly opposed by certain groups
of people who have stated that criminalising marital rape would lead to the “breakdown of
marriage in India”. Such statements showcase the state of marriages in India today and
necessitate criminalizing marital rape even more.
Financial abuse
Economic abuse (or monetary abuse) is a form of abuse where one spouse manipulates the
other partner to get access to the latter’s economic resources. Marital assets are used as a way
of asserting control. Economic abuse can also include stopping a spouse from resource
acquisition, limiting what the sufferer might also use, or otherwise exploiting the monetary
assets of the victim. Economic abuse diminishes the victim’s capability to assist themselves,
increasing dependence on the wrongdoer. Further, there is reduced access to education,
employment, career advancement, and asset acquisition. Economic abuse includes forcing or
persuading a family member to sign documents, sell items, or amend a will. The victim can be
put on an allowance, for close monitoring of how much money is spent, stopping spending
without the abuser’s consent etc. In marriages where the victim is completely financially
dependent on their spouse, the problem gets aggravated as the victim has no option but to suffer.
Reasons behind domestic violence in India
In a National Family Health Survey, it was recently reported that Telangana led the way with
83.8 per cent of women thinking it is acceptable for men to abuse their wives, while Himachal
Pradesh had the lowest percentage at 14.8%. Karnataka leads among men, with 81.9 per cent
thinking such behaviour is permissible, compared to 14.2 per cent in Himachal Pradesh. The
most common reason that was given to justify domestic violence was disrespect to in-laws,
neglecting the house and children. “Being suspected of being unfaithful” got the least number
of justifications for beating. Only women (21%) in Mizoram choose it as the main reason for
physical abuse over the other two options.
Intergenerational violence
One thing that almost all abusers have in common is that they were victims of abuse as children.
Understanding and breaking intergenerational abuse patterns could help reduce domestic
violence even further. According to research, the more physically punished children are as
adults, the more likely they are to act aggressively toward family members. Spanking and
smacking youngsters predict a lack of internalisation of values like empathy, generosity, and
temptation resistance, as well as greater antisocial behaviour, such as dating violence.
Biological and psychological theories
Psychological theories focus on the personality traits and the mental characteristics of the
offender. Correlation has been found between juvenile delinquency and domestic violence in
adulthood. Some theories suggest that psychopathology is a factor and that abuse experienced
as a child leads some people to be more violent as adults. Studies have found a high incidence
of psychopathology among domestic abusers. An evolutionary psychological explanation of
domestic violence is that it represents male attempts to control female reproduction. Domestic
abusers display higher than average mate retention behaviours, which are attempts to maintain
their relationship with the partner.
Social theories
Social theories, which include rational choice theories, look at external aspects in the offender’s
environment such as family structure, stress, and social learning. According to social learning
theory, people learn through seeing and modelling other people’s behaviour. The behaviour is
maintained by positive reinforcement. When aggressive behaviour is observed, it is more likely
to be imitated. If there are no negative consequences (e.g., the victim submits to the violence),
the conduct is likely to persist.

In 1971, William Goode proposed the resource theory. Women who are financially most reliant
on their husband (e.g., homemakers/housewives, women with disabilities, unemployed
women) and who are the major caregivers for their children believe that if they leave their
marriage, they will face a greater financial burden. They have fewer options and resources to
cope with or change their spouse’s behaviour because they are dependent.
When a person lives in a family, stress levels may be higher. Poverty-stricken families and
couples are more prone to encounter domestic violence. Internalized homophobia has been
connected to violence in same-sex partnerships. Internalised homophobia appears to be a
stumbling block for victims seeking assistance.
Non-subordination theory
The non-subordination theory is a branch of feminist legal thought that focuses on the male-
female power dichotomy. It has been stated that it is better suited to issues that primarily impact
women. It also provides a foundation for comprehending domestic violence and the reasons for
its occurrence. Domestic violence, according to non-subordination theory, is a kind of
subordination. Domestic violence victims are frequently mistreated in a variety of ways,
including looking for and destroying valuable items, as well as striking her in places where she
would be embarrassed to exhibit bruises.
This school of thought mainly counteracts the popular notion that domestic violence occurs in
a fit of rage. Because domestic violence is so widespread, it seems unfathomable that rage is
the only contributing factor to persisting domestic violence. This theory is also criticised
because it fails to give a solution to rectifying and preventing domestic violence.
Substance abuse
Domestic violence is frequently associated with alcohol misuse. Two-thirds of domestic abuse
victims say alcohol is a part of their abuse. Moderate drinkers are more likely than light drinkers
and abstainers to engage in intimate violence; nevertheless, heavy or binge drinkers are more
likely to engage in the most chronic and serious types of aggressiveness. Alcohol consumption
increases the likelihood, frequency, and severity of physical attacks. As a result of behavioural
marital alcoholism treatment, violence lessens.
Patriarchy
The fundamental aspect that can facilitate domestic violence and ancillary to all the reasons
mentioned above, especially against women is domestic violence. In the survey mentioned at
the beginning of this section, it is important to note that both men and women thought it was
justified to beat wives if they disrespected the in-laws or ‘neglected’ the house and children.
These reasons especially the latter showcase the highly ingrained gender roles across everyone
to such an extent that it can justify crimes like assault and battery, even by the victim of the
same. Patriarchy, that perpetuates these gender roles is thus the root cause and reason of
domestic violence.
Social influences on domestic violence
Domestic violence against women affects around 25% of women worldwide at some point in
their lives. This does not even take into account the other categories of people affected by
domestic violence. A deeper understanding of the elements that influence public perceptions
of domestic violence would add to the body of information about the social environment that
encourage or discourage it. Public perceptions of domestic abuse have a significant impact on
the social milieu in which the victims live. In some cases, a social milieu that accepts or even
enables domestic violence contributes to the development of a climate of tolerance. This makes
it simpler for abusers to continue their aggressive conduct while also making it harder for
women to report abuse. The following diagram shows the structural framework within which
domestic violence functions:
Cultural view
A majority of the people in various countries believe that wife-beating is justified in some
circumstances. It occurs most frequently in cases of actual or alleged adultery by wives, as well
as their ‘disobedience’ to a husband or partner. Extreme acts such as honour killings are legal
in many jurisdictions. Victim blaming is a common occurrence almost everywhere through
which the victims are taught that they deserve the violence because of their fault. “Provocative
behaviour of women,” has also been shown as an acceptable cause of domestic violence.
The problem is continuously perpetuated by cultural conventions. For example, the tradition of
not intervening in private family problems has led to a reluctance on the part of the government,
the criminal justice system, and other systems to respond to domestic abuse, even after it
became illegal. Domestic violence homicides-suicides are still portrayed in music and the
media as “lover’s quarrels” and “crimes of passion” by jilted men who believe, “If I can’t have
her, no one else will.” Domestic violence can be “romanticised,” allowing it to be ignored or
explained away in a way that no other sort of assault and battery can.
It’s critical to recognise and respect the cultural traditions that victims carry with them. These
expectations shape how they encounter what discourages them from seeking assistance from
‘outsiders’ or metropolitan programmes. People of colour may follow a code created through
historical experience that teaches them not to trust “white” society and the institutional help
structures it provides (e.g., the criminal justice system, the social service system and domestic
violence programs). Elderly persons may have been conditioned to avoid discussing “personal”
matters with outsiders, making them hesitant to participate in “self-help” programmes that
require them to divulge abusive experiences. When people in same-sex relationships disclose
domestic violence, they risk being labelled “evil” by society and being targets of hate crimes.
Religion
Religion and faith play a massive role in influencing domestic violence. While people find
solace in their religion, the same can propagate dangerous ideals that can propagate the social
and individual acceptance of domestic violence. For example, almost all faiths recognise the
sanctity of marriage and accordingly, find it unfathomable that anything can lead to its
breakdown. Thus, victims of domestic violence in marriages are made to believe that they
should suffer in silence rather than risk the “wrath of God” by choosing to leave that marriage.
Abusers may exploit religious texts and principles to cause harm to the victim. This can be
accomplished by using religious scriptures selectively or interpreting religious ideals to assert
masculine entitlement and privilege or otherwise justify the abuse. This dynamic frequently
presents itself in the abuser informing the survivor that they are not living up to their religion’s
ideas of what a spouse should look like. Abusers from faiths that emphasise marriage may
utilise the victim’s respect for a religious union to pressurise her to stay in the relationship to
maintain the religious community’s respect. An abuser may also put pressure on a victim by
teaching them about dating, sexual relationships, gender norms, or reproductive choices.
Despite these complications, faith and religion can play an important role in the healing
process. Spirituality or belief in God was “a source of strength or comfort” for the majority of
domestic abuse survivors, according to one study. After experiencing abuse, nearly half of
survivors sought religious or spiritual treatment, according to another study. Many survivors
find strength in their religious practices and engagement in their religious groups to escape and
heal from abuse. Furthermore, research shows that religious participation improves
psychological well-being and increases a survivor’s sense of social support.
Relation to forced and child marriage
A forced marriage occurs when one or both partners are married without their permission or
consent. In many cultures (especially in South Asia, the Middle East, and parts of Africa),
marriages are prearranged, often as soon as a girl is born; the idea of a girl going against her
family’s wishes and choosing her future husband is not socially acceptable; there is no need to
use threats or violence to force the marriage; the future bride will submit. Domestic violence
is commonly related to forced and child marriages. These weddings are associated with
violence, both spousal violence within the marriage and violence associated with the customs
and traditions of these marriages: violence and trafficking related to the payment of dowry and
bride price, honour killings for refusing to marry.
Ability to leave
The cultural and religious factors together contribute to the inability to leave. The social stigma
concerning divorces is somehow far more than domestic violence. It is considered a far greater
sin to dissolve a marriage than commit atrocious crimes on one’s spouse. All these impeded the
victim’s inability to leave an abusive relationship. The social stigma involved also makes the
victim’s family pressure the victim to not leave the marriage. Further, the victim’s financial
capabilities also stop them from leaving, especially for the sake of their children. When the
victim is financially dependent on their spouse, the former chooses to rather suffer in silence.
In cases of women, they also do not have anywhere to go as women are given ‘away’ during
marriages and their parental home is hardly considered as their home after marriage. The social
stigma attached to women returning to their parent’s house after marriage also makes them
reluctant to accept the victim.
COVID-19 and its effect on domestic violence
COVID-19 and the subsequent lockdown brought in new challenges which highlighted the
increased cases of domestic violence. A report by UN Women, an organisation dedicated to
gender equality gave the following data-
1. Although the figures vary by country and population, the pandemic has increased
women’s experiences of violence and damaged their emotions of safety.
2. During the epidemic, violence against women has had a substantial influence on
women’s mental health.
3. Women’s experiences of violence are heavily influenced by socioeconomic variables.
4. When it comes to violence against women, age is no barrier.
5. Women, particularly in cases of domestic violence, rarely seek outside assistance.
The pandemic and subsequent lockdown isolated and extracted a huge emotional and
psychological toll from everyone. Instances of domestic violence further exacerbated the
mental consequences of the pandemic. Many women lost their jobs during the pandemic,
further making them dependent on their abusive spouses. The stress of jobs itself triggered
instances of abusive behaviour.
Key groups that are affected by domestic violence
The most widespread nature of marriages being heterosexual and the continuous projection of
women being the weaker sex, the largest group affected by domestic violence is women.
According to the United Nations Population Fund, violence against women and girls is one of
the most common human rights abuses in the world, with “one in three women experiencing
physical or sexual abuse in her lifetime.” Domestic violence occurs everywhere and across all
cultures but socio-economic factors play important roles as key stressors that can trigger
instances of domestic violence.
Unique challenges
Men
Domestic violence against men is hardly ever considered, something that is reflected in the fact
that there are absolutely no surveys on the same. Yet, it cannot be denied that men may also be
victims of domestic violence. But laws on domestic violence are mainly gender-biassed and
focused on women. Even social recognition of domestic violence against men if done threatens
to rupture the carefully crafted notions of toxic masculinity by patriarchy and thus is
vehemently opposed by large sections of the society.
The LGBTQ+ community
Same-sex couples already receive so much discrimination and stigma against them for being
homosexual. So, they find it hard to come out further on issues of domestic violence. Giving
legal recognition to same-sex relations can somewhat ease the problem. In India, previously
the same was not done. But after the decriminalization of homosexuality in 2018, some positive
changes did happen. However, social acceptance of homosexuality has a long way to go. Laws
also do not recognize transgender people who might be sufferers of domestic violence.
Elderly
The older generations are much proportionally more imbibed with cultural and religious beliefs
that might lead them to suffer in silence than talking about domestic violence.
Effects of domestic violence
After surviving physical, mental, and emotional abuse, survivors of domestic violence may
endure long-term and difficult consequences. It might take a long time for a survivor to adjust
to living in a safe environment, especially if the perpetrator was extremely violent and/or
committed the crimes over a long period.
Health Issues
Apart from physical injury, other physical effects of domestic violence include chronic fatigue,
shortness of breath, muscle tension, involuntary shaking, changes in eating and sleeping
patterns, sexual dysfunction and menstrual cycle and fertility issues (in women).
Mental effects of domestic violence include post-traumatic stress disorder (PTSD- which
include nightmares, severe anxiety and uncontrollable thoughts), depression including
prolonged sadness, low self-esteem, suicidal thoughts and attempts, alcohol and drug abuse.
Emotional effects
Common emotional and spiritual effects of domestic violence include hopelessness, feeling
unworthy, apprehensive and discouraged about the future, inability to trust, lack of motivation
etc.
Financial Issues
Because of the victim’s economic abuse and isolation, they usually have very little money and
few people to turn to for aid. This has been found to be one of the most difficult challenges for
domestic violence victims to overcome, as well as the most powerful element that can deter
them from leaving their abusers.
Victims of domestic abuse and violence frequently lack the financial resources and specialised
skills needed to find work. One of the leading causes of homelessness is domestic abuse. One
in every three women is homeless as a result of leaving a domestic violence relationship.
Effects on children
Children also are negatively impacted by domestic violence either when they are the victim of
it or when they witness it. Certain effects on them include anxiety, depression, academic
problems and fearfulness. Another major effect of witnessing or suffering from domestic
violence is that children, being as impressionable as they are, feel they have the right to
perpetuate the same as they become adults. Learning from their parents or family triggers a
cycle of violation and abuse that can go on for generations.
Combating domestic violence
Combating domestic violence should have a two-pronged approach. First, prevention and other
cure. Prevention involves fundamentally altering the mindset of people. But that is easier said
than done. Norms that validate domestic violence are strongly rooted in cultural and religious
beliefs, something that cannot be changed easily. If the mindset cannot be changed, at least the
victims should be empowered with the ability to leave. We saw before how even the victims,
mainly the women can whole-heartedly justify the fact that they were beaten. Thus, educating
them enough so they can distinguish between what is a harmless belief and what is not and
have the financial ability to take care of themselves and their dependents might ease this plague
of domestic violence.
Legislations
With respect to cure, legislation aids. Legislations that provide relief to victims of domestic
violence are found throughout the world. In India, the primary law on domestic violence is
the Protection of Women against Domestic Violence Act, 2005. An aggrieved woman can seek
relief under this act. Some important features of this Act are:
Definition of domestic violence
This Act defines, in Section 3, domestic violence in an extensive manner and includes physical,
verbal or emotional, sexual, and economic abuse. Consequently, it provides redress for all the
various types of abuses and is cognizant of the fact that domestic violence is not always limited
to physical violence.
Institution of Protection Officers
The 2005 Domestic Violence Act created a post of Protection Officers. Section 8 says that these
officers may be appointed by the State Government and should, as far as possible, be women.
Their duties range from guiding a victim of domestic violence through redressal mechanisms
as well as aiding them in gaining access to shelters or medical facilities. A Protection Officer
may also present an application of litigation to the Magistrate on the aggrieved’s behalf.
Measures for relief
The Act talks about the ways in which Courts might be approached and the measures of relief
provided. Section 17 guarantees the right to residence in the shared household. The Act also
provides for temporary custody of a child. Further, the Courts are allowed to appoint welfare
experts (Section 15) and counsellors (Section 14) for the aggrieved parties.
A decision is supposed to be rendered within 60 days. In a single case, there can be multiple
judgments. Even if other litigation between the parties is pending, cases under the PWDV Act
can be initiated. Both the petitioner and the respondent also have the option of appealing.
While Indian laws do not punish the act of domestic violence in general, any crime committed
through it is punished under the Indian Penal Code, 1860. For example, Section 498A is on
cruelty while Section 340B punishes dowry death. Concerning dowry death, India also has a
separate statute called the Dowry Prohibition Act, 1961 which aims to prevent giving or
receiving dowry.
Redressal mechanisms
How to report
Domestic violence may be reported in the following ways-
1. Seeking support and help from NGOs who will be able to guide the victim in legal
recourse as well.
2. At the police station. One can dial 100 or the NCW helpline (011 2694 4805).
3. A Protection Officer (PO) in the victim’s area can also be approached.
Helpline Numbers
• Police – 100
• Women’s helpline number – 181 or 1091
 • Domestic violence helpline number by the National Commission For Women – +91
7217735372
• Single emergency helpline number for immediate assistance to services such as the
police and women’s helpline – 112
• The emergency number for transgender and men who have sex with men (MSM)
community – 1800-2000-113
Conclusion
Domestic violence is of four types- physical, emotional, financial and sexual. Domestic
violence can be caused by intergenerational violence, socio-economic issues, biological and
psychological issues, and other social issues. However, the fundamental reason for domestic
violence that contributes to the above-mentioned reasons is patriarchy. While women are the
biggest sufferers of domestic violence, there can be various unique challenges that can come
up with regards to the elderly population, the LGBTQ+ community and men. Thus, steps must
be taken not only to combat domestic violence against not only women but every sufferer of
the same, regardless of their gender and sexuality.