Domestic Violence in Mumbai

INTRODUCTION domestic violence is one of the most prevalent least addressed social maladies of our times. It plagues the lives of Indian women to such an extent that they appear to accept it as part of their lives. We have tried exploring the phenomenon of domestic violence in the city of Mumbai, but we believe that the trends found in our city are similar to national trends of domestic violence. However, it needs to be understood that an issue like domestic violence is not only hard to define or comprehend but also is a matter of perspective. In spite of overwhelming evidence of the existence of domestic violence, we continue to be disbelieving or maintain an embarrassed silence. The first part of the paper deals with understanding domestic violence, its causes and its impact on women’s lives. Some women who experience domestic violence, despite the subjugation and fear, gather the courage to speak out, and to change the realities of their lives. Their recourse is the law. The second paper delves into the legal aspect of domestic violence. It analyses the previous laws and sheds light on the failure of legal system to some extent in dealing with the issue of domestic violence a decade ago.

It also critiques the recent Domestic Violence Act, 2005, determining the impact the new law has had on the lives of the victim. Though the women gather enough courage to speak out against their perpetrators, often, external support is vital in realising freedom from abuse. There are several organisations in this city that provide various kinds of assistance and aid to victims of domestic violence. The last part of the paper explores these agencies of redressal. It studies the strengths and limitations of these organisations and the impact that they have on the redressal process for the victims and the role played by the police. DEFINING DOMESTIC VIOLENCE In society, the best indicators of discrimination are everyday acts of oppression that take place without the oppressor and the oppressed even perceiving their existence. The failure to perceive the oppression implies that discriminatory and oppressive ideologies are deeply entrenched in a society’s collective conscious; they become a way of life, drawing resentment neither from the oppressed, nor from the oppressor. A deep sense of gender discrimination is a fundamental aspect of Indian patriarchal society. Social customs, traditions and institutions in Indian society overtly or covertly inhibit a woman, reducing her access to freedom of thought, speech and movement.

The Essay on Abuse And Violence Domestic Violence

... effects of domestic violence. “Within the family there is a historical tradition condoning violence.” Domestic violence against women accounts for ... justification for spousal abuse within a civil society. The real issue at hand is the ... calls, and restricting any form of social life. It is a vicious cycle of abuse, ... than human beings; Old English Common Law permitted a man to abuse his wife ...

The process of socialization of a woman is such that she is made submissive and blind to her oppression. ‘Young girls must never fight’ ‘A woman must bear all suffering in silence’ ‘A woman makes or breaks a family’; these ideas are constantly fed to girls and women throughout their lives. Needless to say, when perceiving her relationship with members in the natal and marital home, and her role within them, a victim of abuse will turn to the ideology ingrained in her since birth. Often, culture is used to reinforce the belief that women must be ‘controlled’ and ‘kept within their limits’. What is alarming is that women seem to endorse such practices. The above can be attributed to their socialization, which inculcates in them the belief that men have a ‘right’ over them, akin to ownership, and all abuse and violence stems from affection and a wish to ‘improve’ her as a person. (“Domestic violence in India: A Summary Report of Three Studies”) Most field studies of domestic violence reveals that women, having internalized patriarchal norms, often do not perceive themselves as abused unless they have suffered severe physical assault. (Ghosh 59) The family as the basic unit of society is a site for abuse arising from gender based discrimination.

The Essay on Domestic Violence Women Victim Abuse

Domestic Violence What is battering? Why do men batter? Why do women stay? These are all questions that I will answer. I will also offer insight into the minds of victims that may help give a better understanding to the devastating cycle that hides behind the doors of many homes today that is better known as Domestic Violence. What is battering? Battering is a pattern of behavior that is used to ...

The family, whether it is joint or nuclear, is marked by the interplay of power and powerlessness along the lines of gender and age. Children, women and the aged are the most vulnerable to abuse. All children are vulnerable to abuse, however, even among the vulnerable, gender plays a role. While any child is susceptible to violence, the girl child experiences greater discrimination. One must also differentiate between the violence perpetrated against aged males and females. For the woman, the abuse suffered in old age might form a continuum with her experience of violence as a child in the natal home and a wife in the conjugal home. Elder men might be seen as disempowered by age and loss of status as they are no longer perceived as being economically “productive”. As such, violence in old age signals for men the loss of the patriarchal power they had once exercised within the same familial structure. One could refer to this process as a “feminization” in status and, therefore, a greater susceptibility to abuse, to this extent, all violence within the family is gendered. (Ghosh 57) Domestic violence is almost always shrouded and concealed by the myth of ‘family privacy’. While wife beating is clearly observable among the low income groups, in the high and middle income group it is almost always concealed (Sinha 82).

This suggests that the situation has two aspects; In the Low-income group, the violence is very visible, all people living in close physical and social proximity know it is a reality, but because it is perceived as a ‘matter of the family’ or a ‘personal matter’, no one raises any objection, or even perceives that it is their duty to raise an objection. On the other hand, in high-income groups, the violence itself is not easily visible, neither is it easily disclosed by the victim. The reason is probably the deep sense of shame and ‘propriety’ on the part of the victim. This is further linked with the concept of ‘family privacy’ or the belief of the victim that such matters must not be discussed with anyone outside the home, not even close relations. This has hindered the recognition that domestic violence is an everyday reality for a huge number of women in this country. It has also hindered the acknowledgement that it is one of the most pervasive forms of gender violence present, cutting across the spectrum of class, caste, religion and geography. The reality of domestic violence is far removed from the societal perception that it is an issue endemic to groups with low levels of education and income.

The Term Paper on Domestic Abuse In America

... women are identified as victims of domestic abuse (Bowers, 1994). In 1992, the American Medical Association (AMA) published Treatment Guidelines on Domestic Violence. ... of domestic abuse. Research on family abuse has, ... family systems theory, environmental theory, and transgenerational violence theory.Role theory emphasizes that severe strains can be placed upon the relationship when adult children ...

The third National Family Health Survey states that 30.4% of urban and 40.2% of rural women who have ever been married have faced spousal violence. (Factsheet-India) Overall, one-third of women aged 15-49 have experienced physical violence and about 1 in 10 have experienced sexual violence. In total, 35 percent have experienced physical or sexual violence. This figure translates into millions of women who have suffered, and continue to suffer, at the hands of husbands and other family members (Factsheet- India) The presence of domestic violence in the lives of women remains a constant. The magnitude and nature of domestic violence varies in accordance to varying levels of education, economic independence, the number of children, the structure of the family; Studies also state that the societal costs of domestic violence are unseen but disturbing. These costs will be discussed later in the paper. It is not, however, only the economic costs to society that justify an enquiry into the nature of domestic violence. Our endeavor to understand domestic violence is essential because it reveals that in our society women and girls are threatened where they should be the safest, within their homes and family.

The first step in understanding domestic violence is to define it. Definitions of domestic violence can be broad or focused, amorphous or targeted. The reason that the definition of violence is important is because it shapes the response. For example, a community response, whether it be legal reform or the provision of support services, is shaped by a particular understanding of what constitutes domestic violence and whether it is to be conceptualized as an intra-family conflict, or a criminal violation of rights. (“Domestic violence in India: A Summary Report of Three Studies”) There appear to be two common misconceptions about domestic violence. The first is the assumption that domestic violence only constitutes physical acts of abuse. The second is that domestic violence takes place only in a marital relationship between the spouses. This limited perception would adversely affect efforts to help victims of domestic violence and to eradicate it. To consider the legal definition of domestic violence as in the Protection of Women from Domestic Violence Act 2005 would restrict understanding of the issue to very rigidly defined parameters of abuse, exempting abusive behavior out of the ambit of the legal definition from being understood as domestic violence.

The Term Paper on Domestic Violence Women Abuse Family

... like Counsel for Abused Families, Coalition Against Domestic Violence, Crisis Intervention Service, or Family Help Place. Family crisis centers provide ... a declaration on the elimination of violence against women. Yet, although family violence has been recognized as a ... 1980's, expanded to include courtship or relationship violence. Several studies using nationally representative samples from the ...

This in turn will have a negative impact on attempts to spread awareness against domestic violence, and to galvanize action against it. The definition of domestic violence must be such that encompasses not only the very acts or behavior patterns that are abusive, but also the ideology that gives rise to and supports them. The LCWRI (Lawyer’s Collective Women’s Rights Initiative) defines domestic violence as “any act, omission or conduct which is of such a nature as to harm or injure or has the potential of harming or injuring the health, safety or well-being of the person aggrieved or any child in the domestic relationship and includes physical abuse, sexual abuse, verbal abuse and economic abuse” (qtd. In Ghosh 52) A study of domestic violence by the Research Centre for Women’s Studies, SNDT, Mumbai, elaborates the term as “all acts perpetrated in the private domain of the home to secure women’s subordination; and which is rationalized and sanctioned by the prevailing gender ideology. It is thus seen as going beyond the legal definition of physical assault to include psychological and sexual violence” (qtd. In Ghosh 53) Taken together, these two definitions clarify domestic violence as material practice as well as the cultural-ideological context of its operation.

(Ghosh 52-53) While domestic violence includes abuse against children and elders, in this paper, we have focused on inter-spousal domestic violence. Within inter-spousal abuse, the abuse may be against the man, the woman or two-way abuse, wherein both partners commit violent acts against each other. While it is acknowledged that men are victims of domestic violence, the instances are relatively few when compared to cases where the abuse is directed at the woman. In this paper, our focus has been, therefore, on domestic violence committed against women. THE FACTS AND CHARACTERISTICS An attempt to delve deeper into the issue of domestic violence will reveal that domestic abuse in fact follows a repetitive cycle of violence that can be explained with the help of a pictorial representation and subsequent elucidation. The Repetitive Cycle of Violence Relief period Death or subjugation Cycle starts again Violent attack Tension building Goes back to natal family for help and refuge Goes back to natal family for help and refuge Violent attack Tension building Relief period Cycle starts again Tension building Violent attack Goes back to natal family for help and refuge Relief period BEGINNING OF MARRIAGE The spring of violence

The Term Paper on Violence Against Women Partners

Violence against Women Partners (1) In order for us to be able to define principles, upon which social policies that are meant to protect women partners from sexual and physical abuse, need to be based, we need to understand what creates preconditions for the violence against women in the first place. The article The 10 Steps to End Violence against Women, which is available on the web site of ...

• Each coil of the spring represents a cycle of violence- with its tension building, violent attack, and relief stages.
• This spring denotes repetitive violence in the marital home and the tightening of coils.
• Early in the marriage, after a violent incident the woman leaves to go to her natal family for help or refuge. Initially they are fairly sympathetic and take her in, she returns to her marital home a few hours or days later.
• As violent incidents occur, the ‘coils’ in her marital home start to tighten and she keeps returning to her natal home for refuge.
• As she goes back and forth, her natal family becomes less and less welcoming- they may force her to return to her marital home rapidly; and even abusive-refusing to feed her and/ or her children. This abuse is represented by the smaller springs.
• Thus the periods of respite become shorter at best, abusive at worst.
• Meanwhile, the incidents of domestic violence increase in frequency and severity, represented by the downward spiral of the spring and the tighter coils of each cycle of violence.
• What is in fact happening is that family members in the marital home are abusing the woman with greater impunity because they see how the natal home is rejecting her.

  They derive validation from the natal family’s abuse: “see even they don’t want you, even they think it’s your fault.”

• Yet again, the coils of the spring keep tightening for the woman.
• The downward spiral of violence ends in subjugation or death.

(Domestic violence: a tightly coiled spring) The pattern of abusive behaviour is not a set of randomly triggered incidents, but a deliberate process that aims at maintaining control over the victim. DOMESTIC VIOLENCE IN MUMBAI: Mumbai is perceived, correctly or incorrectly, to be one of the safest cities for women. The women of Maharashtra are perceived to be more emancipated than the women of Northern Indian states. These beliefs would naturally lead to the assumption that incidences of domestic violence are few in Mumbai. The facts suggest to the contrary. In its annual report for 2009-10, Majlis, a Mumbai based NGO that primarily offers victims legal help, stated; “Consultancy was provided to 691 women in this period. The majority of these women were either in conflict marriages or were victims of domestic violence.” (Datta 12) The report further states that out of the total 166 fresh cases filed by Majlis in 2009-2010, 36 were filed in the magistrates’ court under the DVA 2005. (Datta 13).

The Essay on Domestic Abuse 2

... regrettably so, neither can leave. Women and men are equally at fault for Domestic Abuse. Domestic Violence occurs unexpectedly with little ... becomes. In 1985 the National Family Violence Survey disclosed that women and men were physically abusing one another in roughly ... from women. Multiple studies say that women act out their anger in a physically violent way frequently, especially with family ...

This implies that out of the 166 additional cases registered by Majlis, 21% were related to Domestic Violence. If taken as a city-wide representation, this number is disturbing. It is also disturbing to note that this 21% excludes women who suffer domestic violence in silence, indicating that the actual proportion of domestic violence victims is much higher. In order to end domestic violence, we must first understand it. As an attempt to understand domestic violence in the city of Mumbai, two studies were referred to, which together focused on five areas of the city; Dharavi, Tilaknagar, Dhobitalao, Dadar and Kandivali. In both the studies referred to, the samples were from the lower and middle classes. This is probably because, as stated earlier, domestic violence has been ‘invisibilised’ in the higher classes. The first study referred to was a study conducted by students from the Tata Institute of Social Sciences. The study analyses the data present at the three Special Cells set up by (National Association of Social Workers) in collaboration with the Mumbai Police. These Special Cells are attached to the following police stations; the commissioner’s office (est. 1984), Dadar police station (est. 1988) and Kandivali police station (est. 1994).

These Special Cells focus on women and children, helping victims of domestic violence find shelter, giving them counseling, helping them find legal representation and helping them register complaints with the police. Sometimes, the social workers stationed at these special cells intervene on behalf of the victim, speaking to family members and attempting to get at least an immediate relief for the victim. The second study referred to is a research conducted by students of SNDT Women’s University. The study was conducted to identify selected types of domestic violence and behavioural disturbances existing in selected areas of Dharavi. These three areas are: Kumbhar Wada, Labor Camp and Kunchi Kurve. THE NATURE OF ABUSE: In the study conducted in Dharavi: Table1.1   (Pardeshi et al VI) Group A indicates the percentage of women, who were either always or sometimes beaten up by their husbands. Group B indicates the percentage of respondents who had suffered from bleeding, fracture, burns, deprivation of food, as a result of physical violence. (Pardeshi et al VI) This indicates that the highest incidences of violenceweare in the area of Kumbhar Wada.

It was interesting to note, however, that the nature of abuse in Kumbhar Wada was not as violent as in Kunchi Kurve, which had the lowest number of domestic violence incidences. Hence, the incidences may be higher in Kumbhar Wada, but the intensity and harm done to the victim was higher in Kunchi Kurve. It was also apparent that husbands were the major perpetrators of domestic violence. At the Special Cells set up by TISS: Table 1.2   (Dave and Solanki 40) ‘A’ indicates the percentage of women who had reported grave physical injury. ‘B’ indicates the percentage of women who had reported emotional or psychological. ‘C’ indicates the percentage of women who had simultaneously reported emotional distress and grave physical injury. ‘D’ indicates the number of women who have reported sexual abuse and emotional distress arising from such abuse (Dave and Solanki 40) These findings are consistent with the findings of the study conducted in Dharavi; 42% (Kumbhar Wada) and 52% (Labor Camp and Kunchi Kurve respectively) women reported that they were always verbally abused by either their husband or some other family member. 32% (Kumbhar Wada), 48% (Labor Camp) and 32% (Kunchi Kurve) of the women stated that they were always verbally insulted by their husbands or other members of the family, in front of others.

(Pardeshi et al 37) These findings suggest that the psychological aspect of domestic violence was found to be more prevalent and traumatising than the physical. Women have reported psychological violence much more that physical violence. This indicates that they find psychological violence more harmful than physical violence, and seek help more often than they do for physical violence. The psychological aspect of an act of physical abuse may also be considered more disturbing than the pain caused by it. It is also a possibility that the instances of psychological violence are higher than those of physical violence. It is also distressing to note that 6.2% of women reported attempting suicide before seeking help (National Association of Social Workers).

As said by Khanna; some of the women who have faced sexual violence indicated that injury in their private parts cannot be noticed by anyone and they would be too ashamed to talk about it to others. A couple of women also hinted that men knew their wives cannot report such punishment even to their own parents or seek medical treatment due to a sense of shame (Khanna 65).

The number of women who approached agencies for help reduced considerably after the first five years of violence (National Association of Social Workers).This could be because they had developed a sense of helplessness, and had learnt to accept the situation, or had given up hope that anything could change. THE ‘CAUSES’ OF THE ABUSE: Often domestic violence is misunderstood as an isolated act of violence which has been provoked by a behaviour, act, comment etc. This perception is not limited to perpetrators of violence, and even the victims of domestic violence try to find ‘causes’ or ‘excuses’ for the abuse they endure. This may indicate a need to provide an excuse or explanation for violence while reporting it or it may be the result of formulating a narrative that depends upon a cause to link events together. The excuses or causes of abuse are interpretations offered by the women themselves and not necessarily explanations for the violence that occurred. (National Association of Social Workers).

In this paper, ‘cause of the abuse’ is used to refer to an incident or reason that sparked off particular incidents of violence. In reality, Domestic violence is a manifestation of a gendered society that encourages males to abuse females in order to exert control and dominance over them. This ideology and need to control is the underlying reason for all domestic violence. The ‘causes of the abuse’ are just factors that trigger off an abusive act at that particular time. Money: Since the sample in both studies was predominantly from the lower and middle economic classes, monetary issues have emerged as one of the most frequent causes of Domestic violence. In the Study carried out by students of Tata Institute of Social Sciences, it was found that the most recurrent causes of domestic violence were economic: dowry and money. The conflict over control of income and assets is central to household abusive dynamics (National Association of Social Workers).

In the study conducted in Dharavi: It was observed that there were quarrels among the family, 70% (Kumbhar Wada), 74% (Labor Camp) and 76% (Kunchi Kurve).

The main reasons specified for the quarrels were financial and addictions. (Pardeshi et al VI) 70% (Kumbhar Wada), 56% (Labor Camp) and 70% (Kunchi Kurve) of the respondents were never restricted from going out. This is probably because most of them were earning members of the family. (Pardeshi et al VII) Yet, 60% (Kumbhar Wada), 58% (Labor Camp) and 58% (Kunchi Kurve) of the respondents were deprived of money either always or sometimes by their husbands. (Pardeshi et al VII) The fact that both partners earned money, but quarrels began due to allocation suggests that the concern is more about control over money than money itself (National Association of Social Workers).

The practice of ‘allowing’ women to work outside the house is necessitated by economic circumstances. However, these economic circumstances do not bring about a change in the family ethos, and though the woman is deemed fit to be a bread winner, she is not deemed fit to have a say in the allocation of the money she earns. This suggests a ‘gap’ in family ideologies and existing structure and organization of households (qtd. Ghosh 58).

This gap of disjunction may be because thought the socio-economic conditions of the family have changed with time, a bulk of the family’s ideology remains unchanged. (Ghosh 58) Dowry The study conducted in Dharavi found that 60% (Kunchi Kurve) of the respondents were physically harassed for dowry, either always or sometimes. However, 90% (Kumbhar Wada) and 88% (Labor Camp) of the respondents were never physically harassed for dowry. (Pardeshi et al VII) As mentioned earlier, one of the misconceptions about domestic violence is that it only a manifestation of the dowry system. In fact, due to the previous laws, the police have learnt to associate any form of domestic violence to dowry, since that is the only cause for domestic violence recognized by the erstwhile law on the subject. (National Association of Social Workers) Another reason for the recurring mention of dowry and other monetary causes may be because women believe that the organization they approach can actually provide them with financial help, or assist them in acquiring a monetary compensation from their marital families. It is important to remember that in both studies referred to, the women were mostly uneducated and from an economically weak background. Hence, they believed they could not get fruitful employment, and their circumstances were such that financial security was paramount (National Association of Social Workers).

Feminists now agree that the practice of dowry is not so much the cause of violence as a specific and virulent manifestation of a perverse culture of gendered violence. (Ghosh 61) Other ‘Causes’ that were recurrent in both studies were: * Addictions: primarily alcohol * Extra-marital affairs: whether it was the man who was having an affair outside marriage, or the woman, it was the man who abused the woman, even when the infidelity was only suspected and not proven. * Childcare: If the man believed that the woman was not paying enough attention to the children, or if he was made to believe due to other members of his family, he usually abused his wife. * Having only female children. * Instigation by in-laws. FACTORS INFLUENCING THE ABUSE: Employment Another finding of the TISS study was that the nature of abuse varied along with employment status (National Association of Social Workers).

This holds true even for the study conducted in Dharavi, where women from Labor Camp suffered abuse that was different from that suffered by the women in Kumbhar Wada and Kunchi Kurve. Most of the men in Labor Camp were in the service sector and earned enough to support the family. Hence, the importance of the woman’s contribution to family income (if any) was not considered important. Hence, the women in Labor Camp had a smaller say in decision making. The highest numbers of women whose movements were restricted and who were harassed for dowry was also the highest in Labor Camp. (Pardeshi et al VII).

The harassment for dowry may have been the highest because since these women were not significant contributors to family income, their marital families believed the women were obliged to give in to their dowry demands as compensation. Table 1.3 (Dave and Solanki 57) ‘A’ indicates the percentage of women who were deprived of their marital homes. ‘B’ indicates the percentage of women who were able to leave violent husbands. ‘C’ indicates the percentage of women who wanted to retrieve their ‘streedhan’. The data indicates that women who were employed had a lower rate of deprivation of the marital home. They were also able to leave violent husbands more easily. Evidently, the women who were employed were empowered as compared to those were unemployed. The most important contributor to their empowerment was their financial independence. (Dave and Solanki 57) One of the reasons that non-working women had higher rates of wanting to retrieve their ‘streedhan’ is because they had no means of supporting themselves without the assets they had when they entered the marital home. Working women on the other hand realized that their employment and ability to earn a livelihood was an asset (Dave and Solanki 57).

Working women also had an increased exposure to the outside world, and a greater number of support systems and networks. (Dave and Solanki 57) The way the women perceived their rights was also affected by their employment status. This can be illustrated by the following data collected from Dharavi; * 44% women in Kumbhar Wada, 48% in Kunchi Kurve and 60% in Labor Camp believed that it is the right of the husband to beat them.(Pardeshi et al VIII) * 74% in Kumbhar Wada, 24% in Labor Camp and 74% in Kunchi Kurve said they agree to have the right to say no to things they disagree with. (Pardeshi et al IX) * 32% women in Kumbhar Wada and 92% in Kunchi Kurve agreed to right to protect themselves. On the converse, 92% women in Labor Camp disagreed to right to self protection. (Pardeshi et al IX) * 46% women in Kumbhar Wada, 46% in Labor Camp and 50% in Kunchi Kurve said the woman should always adjust and compromise. (Pardeshi et al IX) * 74% women in Kumbhar Wada and Kunchi Kurve respectively agreed to verbalise the problem to help themselves. 72% women in Labor Camp disagreed. (Pardeshi et al IX) Ghosh observed that; “This indicates that the employment status of a woman has a great impact on how she perceives herself and available options for help.

It is reasonable to expect that the experience of being economically productive or independent may throw into focus for the woman, the putative ideology that assumes male worth and devalues the woman as an ‘unproductive’ being”. (Ghosh 59) Education Data indicates that the education level of women had no impact on the violence faced by them. Even the trends of reporting violence were more or less the same. Issues of social stigma and status influenced women with higher educational status. This indicates that the educated were less willing to publicly acknowledge this situation. (Dave and Solanki 59) This contradicted the belief that educated women had higher degrees of emancipation and were less likely to endure subjugation. One of the reasons for this could have been that women with higher educational status came from families that had a higher economic status. In the middle and higher classes, domestic violence was a stigmatized phenomenon, whereas in the lower classes, it was a fact of daily life. Another factor that must be kept in mind is that the women might to be educated, but they are a product of several interactive factors, society and socialisation being two of these factors.

In Indian society marriage is considered a permanent institution and a broken marriage is frowned upon. Women believe that the onus of maintaining a marriage lies on them and hence they aim at preserving the marriage at any cost, or until the abuse becomes life threatening. Age Research indicated that women begun experiencing violence as early as 14 years and it continues even after 55. Till the age of 24 women reported violence in the first two years. There was maximum reporting in the first few years. There is maximum reporting in the first few years of marriage. (Dave and Solanki 63) Table1.4   ‘A’ indicates the percentage of women aged 18-24 years who were victims of domestic violence. ‘B’ indicates the percentage of women aged 35-44 years who were victims of domestic violence. ‘C’ indicates the percentage of women aged 45 years and above who were victims of domestic violence. (Dave and Solanki 66) Data indicated that women in the age bracket of 18 to 24 years were most susceptible to abuse. Since the women were in the childbearing age, they experienced disputes over child custody. Mental violence was extremely high in all groups, but the highest in the age group of 18-24 years.

As the woman’s age increased, the abuse decreased. However, the overall levels of abuse were alarming. (Dave and Solanki 66) Women in the youngest age group and the oldest age group found it easier to approach agencies for help. The third age group, from 25 to 34 years, had the lowest levels of complaints registered. This may have been because of the presence of very young children. They were also most sensitive to social stigma and convention, and hence would approach family and friends before turning to agencies as a last resort. Women above 35 years of age were relatively secure about their position in the marital home. They were hence able to report violence while staying in their marital homes. Younger women on the other hand, sought help from parents and other members of the natal family. (Dave and Solanki 63) Also, Young to middle aged women opted for reconciliation. This was because of the multiple domestic and financial burdens they had to carry. At the same time, they wanted the right to negotiate for custody of their child and hence opted for legal assistance. Older women on the other hand, who had grown children, did not opt for legal assistance. They were also willing to leave the marriage and live independently, and did not mind involving the police, which would have given the issue a rather irrevocable nature.

The nature of assistance they seek was primarily financial, since with advancing age, employment opportunities decrease. (Dave and Solanki 67) Children In Indian society, the primary function of marriage is deemed to be the creation of progeny. Hence, children play a major role in the relationship between the husband and wife, and the woman and the marital family. The care of the child is considered the woman’s work, and hence, she is penalised for any slip in the care of the child. If the child’s behaviour is unsatisfactory, it’s the mother who is held responsible.   Each child adds additional responsibilities on both the parents, they have lesser time to pursue their interests, and this generates a sense of dissatisfaction that is then vented out by the man on the woman. Researches on the impact of children on marriages consistently show that the level of marital satisfaction and marital adjustments goes down after the birth of the first child. Each additional child increases the work load and conflicts. Among the victims of domestic violence it was found that the rate of violence against mothers who had five or more children or no child was more than double the rate for those who had one or two children.

(Roy 180) Also true is the fact that any woman without a male child, or without any children, suffers the highest levels of domestic violence. (Roy 180) THE IMPACT OF DOMESTIC VIOLENCE Domestic violence harms the individual who suffers it, and her tormentor, who inflicts the abuse on her. While harm done to her is mental and physical, harm to the inflictor is primarily mental. It makes the basic structure of the society; family, dysfunctional. Development is retarded due to domestic violence. The developmental costs may seem invisible, but they in fact translate into very real, economic costs. Physical impact of domestic violence: violence against women results in depression, anxiety, psychosomatic symptoms, eating problems, sexual dysfunctions as well as physical injuries of varying severity. (qtd. Gandhi 370) Sexual violence causes gynaecological disorders. Women contract venereal diseases and HIV infection. They are forced to undergo infertility treatment and also suffer from complications due to violence immediately after operations. Severe injuries lead to loss of blood and further deterioration of mental and physical health. (Dave and Solanki 44) A major cause of concern is that a section of women who reach out for help, have attempted suicide before seeking any help. This suggests their extreme mental and psychological abuse (National Association of Social Workers).

A recent work by the Inter-American development bank, macro-economic research identified some of the direct costs of domestic violence; medical, criminal justice system and social services, and perceived non-monetary costs such as increased homicide, suicide, alcohol/drug abuse, depressive disorders. Also examined were larger economic consequences; loss of productivity and decreased investment, and social impacts like intergenerational transmission of violence, reduced quality of life and reduced participation in the democratic process.(qtd.Burton 9) Despite the intense abuse they face, its severely degrading and harmful effect on their mental, physical and sexual health, most women do not walk out of violent relationships. We know that many women continue to endure violence even while recognising its criminality because of the absence of support structures in the community at large. Individual agency is delimited by the systematic nature of patriarchal norms and practices, and feminists agree that it is only collective action that can intervene into in-egalitarian structures. (Ghosh 59) When one contemplates the prevalence of domestic violence in the nation in light of domestic violence in Mumbai, the picture is an alarming one.

The legal depiction of domestic violence mirrors the social perception of domestic violence, limited by misconceptions and several pre-conceived notions. The law plays a major role in the redressal process, and hence, must be studied in order to help create a society that is intolerant of Domestic Violence and punishes its perpetrators. NEED FOR LAW In the Indian context, when we look at the history of law and the State policies, it can be seen that the meaning and interpretation of domestic violence is very different and is often confused with dowry related violence. Adding on more to it, efforts to make just legislations for women have always faced with some kind of opposition from patriarchal and religious leaders. The legal history of our country is testimony to the fact that there had not been many provisions relating to domestic violence until the Protection of Women from Domestic Violence Act, 2005 was passed. As a matter of fact, the Indian State has not always been benevolent towards women and women’s rights. Prior to 1980’s, there were no specific provisions to deal with abuse and violence. But husbands could be prosecuted under the Indian Penal code for murder, abetment to suicide and other such crimes.

Since domestic or marital violence generally took place within the private confines of the home, it was very difficult for a woman to call upon any suitable witnesses to prove her case under the law. (Kakkar 2) As mentioned above violence against women has been hidden behind the walls of the home. Those within do not wish to speak about it and those outside do not want to hear it. Women in general, victims of violence, the families, the communities, the courts, the police and the government, all seem to be part of keeping it under wraps. Each has a rationale, from family honour, intimate relationships, dependency, the right to personal/family privacy, the complexity of proving and implementing the law. It should be seriously questioned why the issue of domestic violence is not addressed more often. In India, we have some laws but tey are ineffectively implemented and though the rate of crimes against women has increased, the conviction rate has not increased. So the struggle against domestic violence continues to be one of the major issues with regards to women’s protection and rights. (TISS 8) SECTION 498A AND 304B In the 1980s, there was a steady rise of “dowry deaths” in India.

A dowry death is the murder of a young woman; committed by the in-laws, when she was unable to fulfil their forcible demands for money, articles or property, commonly regarded as dowry or “dahej”. Organizations across the country pressed the government to provide legal protection to women against domestic violence and dowry. The aim was to let the state get involved quickly and avoid the murders of young girls who were unable to meet the dowry demands of their in-laws. As a result of the intense campaigning, significant amendments were made in the Indian Penal Code (section 498A and 304B) , the Indian Evidence Act, with the intention of protecting women from marital violence, abuse and dowry demands. The most important amendment came in the form of the introduction of Section 498A and Section 304B in the Indian Penal Code. (“What is IPC 498A ?”) The section 498A of the Indian Penal Code which was introduced in 1983 made cruelty to a married woman a crime. Section 498-A was introduced into the IPC by the Criminal Law (Amendment) Act No. 46 of 1983 to address violence against women by husband & his relatives. It came into effect on 2nd October, 1985. This Act also amended the Code of Criminal Procedure 1973 (CrPC) and the Indian Evidence Act 1872 (IEA) to deal with cases of violence against women, inclusive of dowry deaths (TISS, 79).

It states that: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.” This chapter 498A was added to Act 45 of 1860 of the IPC after Chapter XX (Offences related to marriage) The Section provides an explanation elaborating the meaning of cruelty as follows: a) Any wilful conduct which is of a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb, or health (whether physical or mental) of the woman; or b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.” (Bhowmik 47) This section required that a court take note of any offence punishable under this section only when a complaint was filed by a victim of this offence or on being mistreated by her relatives. The offence was cognizable (arrest without warrant), non-compoundable (complaint cannot be withdrawn) and non-bailable (accused has to appear in court and get bail from the judge).

The trial was conducted by a Magistrate of the First class. (TISS 79) As a sequel to 498A, in 1986, a new offence of “dowry death” was introduced in the IPC as Section 304B which states that: “Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within 7 years of her marriage and she was subjected to cruelty or harassment by her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death” and such husband or relative shall be deemed to have caused her death. Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.”(Aggarwal 29) Till 1986, deaths over dowry were dealt with under the same circumstances as general provisions for murder, cruelty, abetment to suicide and causing harmful confinement and cruelty by husband or in-laws. The introduction of Section 304B created a separate aspect of provisions for deaths caused by dowry demands and similar incidents. Both the amendments helped by tilting the scales in favour of the victim, by providing strict guidelines to police officers and also, the court of law, about what was supposed to be done in such circumstances.

For a decade or so there was seen a sharp increase in the number of cases booked under this section from the time of formulation of the law. Unfortunately, the formulation of this law left a host of loopholes for exploitation and abuse. After 1996, a variety of mixed reactions, problems, experiences and opinions started emerging and many women’s organisations began voicing strongly their discontent towards the authenticity of the laws. (TISS 21) LOOPHOLES AND PROBLEMS These amendments were very unhelpful as they did not provide complete or sufficient explanation, difficult to implement within the procedures of criminal law and easy to evade. In the amendments domestic violence was closely regarded as dowry demand and harassment. It was as though legal intervention could be called upon only when criminal offence was invoked by dowry and related violence; while any other complaint was ignored. (Ghosh, 52) The state, so to speak, did not bring about new laws but only modified the already existing laws a slight bit in the favour of women. (KrishnaRaj 117) Here are the many problems identified with the amendments: The first amendment, cruelty to wives, within the IPC, was not placed within Chapter XVI- offences affecting the human body either under the section ‘causing hurt’ or under the sections dealing with assault etc.

where it fitted more suitably. (KrishnaRaj 117) The Explanation (a) to Section 498A which could be interpreted to mean that violence against a woman is such that it drove her to suicide or is a threat to her life is limited in scope. The definition was narrow as it did not cover those situations that do not necessarily endanger the life of the victim. The Explanation (b) to section 498A, IPC linked harassment of a woman to an intention to force any person related to a woman to meet unlawful demand for property. This clause was excessively restraining as women are harassed not just to meet unlawful demands for property but often merely to assert power and authority. Such harassment takes place in the form of denial of food, access to children and matrimonial home etc. (TISS 84) Section 304B, unlike S. 498A, gave no scope to be used in situations where the violence was not linked to dowry. If there is no earlier record of the complaint at the time of meeting the dowry demands, while the girl is alive, it may be extremely difficult to prove a dowry death under this section. The section also presumed that women are harassed for dowry only within first 7 years of marriage. So overall, this section was no likely to benefit women to deal with domestic violence. (Qt. KrishnaRaj 119) These amendments, as clearly evident, blatantly ignored the plight of victims outside the institution of marriage. Many cases reported were instances of other female relatives being subjected to violence and not wives. It is believed that the amendment of 1983 left plenty of scope for misuse on part of the victims. There were numerous cases where callous daughter-in-laws blackmailed in-laws over matters of domestic violence (Kakkar, 3).

The law was and still is susceptible to misuse and abuses by women making false complaints against their husbands and in-laws, with the result that ‘innocent’ persons are labelled as offenders (TISS 82).

One may, however, note that this does not imply that the law be suspended, but rather that the loopholes need to be ‘plugged.’ A study, based on police records, to evaluate the functioning of section 498A of the Indian Penal Code, conducted by a group of women activists associated with the Tata Institute of Social Sciences in Mumbai, for the period 1986 to 1988 and 1990 to 1996 indicated that 40 per cent of women were dead by the time their families came to lodge complaints against their violent husbands (TISS 86).

It is believed that, as habitual users of violence, policemen, more than any other section of our population, find it easy to condone beatings and even murder of wives by husbands. In addition to this, police officers are also widely believed to accept bribes. Thus, they are often believed to be not too willing to help women in distress as whole-heartedly as required by the law. Some note that there is a severe gender bias in these amendments, since the laws do not recognize cruelty and domestic violence against men. This, however, is incorrect as there are several crimes that, though hypothetically can be committed against me, are in fact crimes committed almost only against women. But barring this, it’s true that, there are almost no police cases registered against extortion or violence against men in India, a stark contrast from the number of cases registered in favour of women under 498A and 304B. (TISS 82; Dowry Law in India, Criticism of Anti-dowry laws) A section of critics have pointed out that under Section 304B, if accidental death of a woman happens within 7 years of her marriage it was assumed to be murder unless the husband and his relatives can prove otherwise.

Similarly, if a person was accused of demanding dowry, the burden was upon him to prove otherwise, which is not easy to do. Laws already existed to deal with offences against intimidation, violence, extortion and murder. The additional laws merely shifted the burden of proof onto the accused. Besides, no penalties were charged in case of false complaints or perjury, which further encourages misuse of this law. (Dowry Law in India, Criticism of Anti-Dowry Laws) Women’s groups believed that criminalisation was not the answer to the problems faced by women in their homes. They felt that sending husbands to jail under prevailing laws was not a solution; rather it increased the women’s problems, ranging from maintenance, to shelter, to stay with her children due to the delay in getting justice under criminal justice system. Women were not in a position to follow the cases because of lack of access to enough resources to pursue such cases for a longer period. (Kakkar 4) Filing a complaint under Section 498A had serious implications. Therefore many women preferred to file for divorce and maintenance since trials for divorce were much shorter than that for S.498A. Its took 3 to 4 years before a case of 498A actually came up in the court and there was a possibility of the woman losing out on details over such a long period. The prolonged time period to fight a case and the severe incapacity to gather resources to continue struggling many a times led to the woman turning hostile or withdrawing her case (TISS 24).

In 1998, the Session’s Court in Mumbai released the following figures: there were 97 registered cases [1-1-98 to 12-11-98], only 9 were disposed off, from which 7 of the accused were acquitted. It was hardly surprising that given the personal circumstances, gender socialisation, the exorbitant cost of lawyers and paper work, women has no ‘sense’ of their own rights and did not opt for using the legal process. (Qt. TISS 66) It was therefore, suggested that the remedies under Section 498A and 304B were insufficient, and a comprehensive domestic violence legislation which provided civil sanctioned remedies in conjunction with criminal remedies was required. In order to widen its scope and to empower women’s right in a more suitable way the following years saw some major protests by women activists and women’s group to bring about new laws for the same. DOMESTIC VIOLENCE ACT 2005 Since the amendments of 1983 and 1986 did little but help improve the conditions of women who were victims of domestic violence, there was a dire need for a more elaborate and well defined legal structure that would put women on a better pedestal in the society and before the law. The flaws in the 498A and 304B as pointed out by many legal experts and many women’s groups had to be fixed in some way or the other.

Women needed a legislation that would provide them some sort of relief from their distressed states in their homes; a law that would empower women to fight for their rights and seek justice against the harsh predicaments faced by them. Therefore, the implementation of a Protection of Women from Domestic Violence Act 2005 a few years back delivered a strong message of the seriousness with which society regards domestic violence. The Lawyers’ Collective, an NGO working in the field of human rights, drafted a model law on domestic violence 1992. In 1994, the National Commission for Women set up a Committee to look at this law and later on enlisted a proposed law to protect women from domestic violence. Thereafter in 1998, the Lawyer’s Collective, drafted the Domestic Violence to Women (Prevention) Bill in consultation with various women’s group. This bill was drafted in accordance with the U.N. Framework for Model Legislation on Domestic Violence. Due to the pressure from the women’ group, the Government of India introduced a Bill on domestic violence in the Lok Sabha. (Bill No. 133 of 2001) titled The Protection of Women from Domestic Violence Bill 2001. (‘Campaign for Elimination of Violence against Women – DV’ 11) However, this Bill came under the intense scrutiny of many women’s groups who believed that it did not give scope to many provisions that were important for improving the situation of women facing domestic violence.

Activists felt that this Bill, “if passed and implemented might turn out to be dangerous in its implications for women facing domestic violence “. (Kakkar 5) Therefore, the major flaws pointed out in this Bill are as follows: The definition chosen in the Bill for domestic violence hid rather than revealing the true nature and dimensions of violence against women. According to the definition in the Bill, domestic violence is a conduct whereby the abuser “habitually assaults “the person aggrieved or makes her life “miserable” by his conduct. The assault need not be habitual for it to amount to domestic violence. Also since the meaning of making life ‘miserable’ is vague, it would have been of little help to the judges in order to decide what kind of conduct amounted to domestic violence. (Kakkar 5) The Bill proposed that a plea of “self-defence’ would be available to the man accused. In real terms the offender could use it to undo the main provision. It would be very easy for a man, under this provision to prove that his act of causing injury was not intentional, but was an attempt to defend himself and get out of a fight between him and his wife or his wife and his mother.

(Ibid.) Another provision in the act allowed only women who were related to the accused by blood, marriage or adoption to seek relief under the proposed law. This meant sisters, mothers and daughters were also to be in a position to file a complaint against their abuser. However in the case of customary marriages or bigamous marriages the right of the woman is very unlikely to be realised thereby, leaving her vulnerable to abuse without remedy. “This is because marriage under the law is legally valid marriage performed in accordance with all essential rites and ceremonies.”(Kakkar 5) The proposed law left out the most important part of providing shelter and residential relief to the victims of domestic violence. Often the violence is not only directed against the woman but is also a well-planned ploy to cut off the woman’s support systems, deny access to essential services, hold back her own property or even children in an attempt to blackmail. The best way to do this is to throw a woman out of the household and take away all her resources for survival. The question here is why are those necessities that a woman should be entitled to not spelt out in the law? What is the reluctance all about? It seems that the reluctance to add these provisions in the law stems from male supremacy – the desire to safeguard property of the man, even over the life of the woman.

Through the law it needs to be clarified that women’s movement does not seek to transfer property from a man to a woman, but only seek guarantee for a woman in a domestic situation to live in a house free of violence. It is very essential that we understand that the women who were self-sufficient would have been able to overcome this problem; however a large no. of women are the ones who are home makers and do not have an independent source of incomes for themselves. So unless the power of restoration to matrimonial home or power to remove an abusive spouse exists, the law held no purpose at all. (Kakkar 5-6; ‘Campaign for Elimination of Violence against Women – DV’ 12-13) The section 11 of the Bill contained provision for women to undergo mandatory counselling with the abuser. This goes against all accepted principles of counselling. It is pointless to stipulate a mandatory counselling on the innocent party. Such counselling can only end up ‘convincing’ her to accept the situation- of being abused – of not being empowered- as being normal and to continue to bear the hardships of living in a violent marriage or family. (Kakkar 6) The problems with this law were manifold and ranged from appointment and qualifications of the protection officers to the jurisdiction of Magistrates to the breach of a protection order passed by the Magistrate.

It is however, not entirely possible to discuss all of them in one go. But this Bill, had it been passed in its original draft would have had serious and dangerous consequences on the survivors of domestic violence. The Bill was subsequently modified to incorporate the suggestions given by several women’s groups and activists. The changed Bill was passed as the Protection of Women against Domestic Violence Act 2005.The Act was enacted keeping the various guidelines laid down by several International conventions and declarations. The Act was passed by the Parliament in August 2005 and asserted by the President on 13th September, 2005. Ministry of Women and Child Development however, issued an order to bring this Act into force from 6th October; 2006.The Act contains 5 chapters and 37 sections. The Act is a comprehensive law and addresses almost all issues relating to women who are victims of domestic violence. (Ibid.) Some of the features of the Act are as follows: One of the most important advances made by the Act is the broadening of the definition and understanding of the term ‘domestic violence’. The spectrum of this term was widened to include every possibility of domestic violence like physical, sexual, verbal, emotional and economic abuse that can cause harm, cause injury to, endanger the health, safety, life , limb or wellbeing, either mental or physical of an aggrieved person.

The new act was formulated keeping the current cultural relationship status in mind and the by correcting the irregularities of the previous laws. Also it is notable that the Act and its relevance to domestic violence is not left to the open interpretation and discretion of the judge , rather the Act specifies a criteria for all forms of violence. (Kakkar 6) For the first time, the definition of the term domestic violence was expanded in its scope to include verbal and economic violence. The new law is very strict about men subjecting women to verbal abuse. On one hand verbal violence was observed to hamper women’s self-esteem, economic violence creates financial dependency and the aggrieved was left with no option but to bear it all in order to continue living. The presence of economic violence shed light on the long term plan of the all those who tried to secure a women’s rights in as many ways as possible. (Kakkar 7) Another feature of the Act was widening of scope for the understanding of the term ‘aggrieved’. The Act was extended to include not only wives but also daughters, mothers and sisters who can file a case of domestic violence now. This provision also allowed for the inclusion of women in live-in relationships and women in fake and bigamous marriages to be entitled for protection from domestic violence (Ibid.).

It is important to note that it does not make an invalid marriage valid or specify legal recognition to polygamous marriages. In one of the cases where the validity of the Act was disputed on the ground that it threatens the rights of the legal wife, the court held that there was no reason why a legal wife, common law wife or a mistress should be treated unequally because “like treatment to both does not, in any manner, derogate from the sanctity of marriage”. This provision simply strives to condemn domestic violence in any area. (Third M & E Report 2009 7) This Act also brought about the notion of ‘shared household’. Very often women were thrown out of their houses as a consequence of domestic violence. “A household where an aggrieved person lives/lived in a domestic relationship, either simply or along with the respondent is a shared household. A shared household also includes the family in which the aggrieved is a member irrespective of whether the aggrieved is entitled to any family fortune or share in the will. Therefore, this concept went beyond marital homes and covered the plight of sisters, daughters and mothers as well (Kakkar 7).

However, it is vital to understand that the right to reside granted to the aggrieved woman does not confer on her a right of ownership over the property. It is merely a procedural precaution against denial and removal of a woman from her house. (Third M & E Report 2009 7) A unique feature of this Act is that it encouraged active participation of various NGO’s working for women’s rights to help in dealing with this issue. Any NGO could go and get registered as “Service Providers”. These NGO’s record the Domestic Incident Report and pass it on to the Magistrate, get the victim medically tested and make sure that she is provided with housing in a shelter home if the need arises. (Kakkar 7-8) Another benefit of this Act is that it provides for the appointment of Protection Officers in order to assist the aggrieved person, in all the districts of the country. This Act is said to have been made very simple to create awareness about the difficulties faced by women in approaching legal authorities help. Accordingly any person who has a reason to believe that any act of domestic violence has been , is being or is likely to happen can file a complaint with the Protection Officer. Once the complaint is made, the Act specifies that the woman will get complete protection and the offender will be ordered to cut off all communication from the aggrieved person. Protection orders can be passed so that the charged person does not subject the victim or her relatives to any violence, while the victim can continue to live under the same roof as him and still fight a case against him in the court. A breach of protection order subjects an accused a punishment of imprisonment for a year, a fine worth twenty thousand rupees or both. The PO basically helps the court and the aggrieved in making all the legal document and gets them to go through all the necessary legal procedures involved in filing a case; provides them with medical facilities, safe lodging and other assistance regarding Service Providers. (Kakkar 8) One of the most important features of the Act is that while it is mainly a civil law, a part of criminal law is merged with it to guarantee its appropriate execution. Both civil and criminal laws have their respective boundaries, such as prolonged trials in the case of civil law and penal emphasis in criminal law. The Act tries to find a solution for the same. Reliefs granted under this Act are civil in nature; however, upon violation of civil orders by the offender, criminal aspects are used, resulting in imprisonment and/or fine. (Third M & E Report 2009 7) The passing of the Act was an important marker in the history of the women’s movement in India, which has challenged the problem of domestic violence for well over two decades. The Act made a breakthrough by not only addressing gender-based violence within intimate relationships including non-marital relationships but bringing it all forms of violence within its range. “It marks a departure from the penal provisions, which hinged on stringent punishments, to positive civil rights of protection and injunction.” (Banerjee Chapter 1; Bageshree 26) CRITIQUE OF THE LAW Two and a half years later after the implementation of PWDVA, women activists and complainants realised that even the most radical legislations like this are no magic wands. There is a massive distinction between the word in print and the situation on ground. Despite the fact that the Act is a major breakthrough in being pro-women legislation, there have been major protests around this law. (Bageshree 27) First, Many organisations like ‘Save the Indian Family’ have expressed their discontent with law, stating that the law promotes intolerance and needless legal involvements even for petty domestic violence, under the pretext of offering security. The law is based on the false idea that men are the sole culprits of domestic violence. The law is entirely gender specific and rules out any chances of domestic violence against a man. While women enjoy rights without charges, a man bears the burden of legal charges without any access to rights. The Act blatantly presumes that the accused man is guilty until proven innocent. Statistics from the National Crime Records Bureau show that in the years 2005 and 2006 alone, nearly twice as many married men (52,483 in year 2005 and 55,452 in year 2006), compared to married women (28,186 in year 2005 and 29,869 in year 2006), committed suicide unable to withstand verbal, emotional, economic and physical abuse and legal harassment. (Kakkar 9; Banerjee Chapter 4) The new Domestic Violence Act can be misused by women belonging to the affluent, upper class, educated and urban section of the society. Domestic Violence Act along with Section 498A of IPC and the IEA has led to prevalent misuse and social malaise. Some examples are – A 70-year-old woman filed a complaint against her 75-year-old husband saying he’s not letting her install an air-conditioner. The woman asked the court to restrain him from entering their house under the domestic violence Act. A woman who deserted her husband in Kolkata and returned to Mumbai alleges his filing a divorce petition is an act of domestic violence. A 30-year-old woman got divorced and remarried, but has appealed that her ex-husband be restrained from entering the house they used to share. It’s in his name. In all three cases mentioned above, the magistrates passed interim order in favour of the women without hearing the other side. (“Domestic violence Act takes a beating as women misuse it”) Under the provision of the Family Courts Act the control over maintenance claim was shifted from Magistrate Courts to Family Courts, since it made sense to have the proceedings of divorce and maintenance under the same roof to save a lot of trouble for women. Similar suggestions were made for the trials of Section 498A as well, as it was believed that a Family court would be better prepared to deal with maintenance claims of civil nature. However, the Domestic Violence act is the complete opposite of this; it shifted the authority from the Family Courts back to Magistrate courts. This will increase the burden on these courts that aren’t that well equipped to tackle civil issues (Kakkar 9).

Another problem with the Act is that it does not provide for effective application either due to absence of assets or due to unnecessary issues. The Act makes it imperative for the judge to hear the case within three days of the complaint being filed and for immediate and quick relief to finish the hearing within six months. This leads to overcrowding of cases, added pressure and as a result faulty and impractical decisions or judgements (ibid.).

Further criticism is with respect to the section which makes counselling mandatory for both parties thereby pushing dates of the trial for two months. This can backfire in two ways- there is a possibility of impeding the speedy clearance of the case and it may actually end up convincing the aggrieved as to accept he situation and continue living with the accused without further legal action (Kakkar 10).

One of the major drawbacks is the inadequacy of the States to provide sufficient appointment of Protective Officers who play an important role in making the Act work effectively (Kakkar 10).

One can find extreme discrepancies in the appointment of POs: providing inadequate budgetary support, maintaining poor record thus making the collection of data difficult; for example, while Maharashtra has appointed approximately 3687 POs, Assam only 27 and Gujarat just 25. Activists also pointed out that while these protection officers have been appointed at the district levels in all the states, they were in actuality government officials from various departments vested with this additional charge. This affected their capacity to intervene effectively. According to the LCWRI study, the majority of protection officers do not have a background in social work or law. (Kaushal; “Study highlights loopholes in India’s domestic violence law”).

Although the act broadens the scope of definition for domestic violence it can lead to problematic instances when the right to residence of a legally married wife would clash with that of a so-called ‘immoral and promiscuous’ one. Also there is no provision for the violence against mother-in-laws. The Act completely ignores the abuse of in-laws by their daughter-in-law. (Kakkar 10; Kaushal) Too many laws on one issue create lots of misunderstanding among the largely illiterate female population in the country who are unaware about their legal rights. It causes confusion for the administrative authorities also, especially the judiciary. Accordingly the laws are free to the interpretation of the judges, who may exercise their powers and make decisions that appeal to their wisdom and understanding. This further increases the chances of exploitation of victims at the hands of the lawyers (Kaushal).

Any legislation should have an immediate legal knowledge and sensitisation plan. It is an open fact that the victims of domestic violence themselves do not accept it as something wrong. There is unfamiliarity regarding their rights as well as the law on the part of women. Therefore, laws remain just a printed document rather than being the instruments of social change (Ibid.) CURRENT SCENARIO In Mumbai, Kamala, a domestic help, filed a case under the act when the police refused to do anything despite her filing cases of harassment, sexual violence and abuse against her alcoholic husband who also happened to be a HIV positive. Basically she just wanted to improve her condition and get away from her husband. She wasn’t even keen on getting maintenance – this case reflects the hopes and frustrations associated with the Domestic violence Act. (Bageshree 26) Cases brought under the PWDVA have been a mixed bag of successes and failures. A May 13th2009 report by the Times of India wrote how a Mumbai woman subjected to twelve years of abuse by her husband was assisted by the PWDVA to reside in his house, barring his entrance. She was also granted monthly compensation from him, and obtained custody of their daughter. (Lahiri HRLN 2009) Indira Jaisingh, commenting on the Act and the role of Lawyer’s collective in it said that while their data indicated that Protection Officers for instance, had been appointed in all states, the feedback from the ground indicated that in very few states the POs were accessible to women and because they were not full timers, they could hardly devote anytime to their duties under the PWDVA. (Bageshree 24) Though the act made activists and lawyers happy to some extent as a result of some good orders being passed, lack of infrastructure and funding, mismanagement between departments and judiciary seem to be prove as big deterrents even today. The Second Annual Evaluation Report of the Act by Women’s Rights Initiative of Lawyer’s Collective, points out huge disparities in implementation between Sates. Ujwala Kadrekar and Aileen Marques of Lawyer’s Collective in Mumbai agree that there are major glitches such as not appointing POs with independent duties and not creating enough awareness about the implementation of the Act. (Bageshree 26) According to the 2005-2006 National Family Health Survey in India, thirty-seven per cent of married women reported experiencing some form of domestic violence on at least one occasion during their marriage. Also, fifty-one per cent of seventy-five thousand men surveyed believed hitting their wives is acceptable for various reasons including disrespect of their in-laws, refusing sex, and bad cooking, while fifty-five per cent of women believed that spousal abuse at times may be justified. These pervasive cultural perceptions, partially driven by India’s largely patriarchal society, are one of the major obstacles to the successful implementation of the PWDVA (Lahiri HRNL 2009) Having a law in place is one thing, but having people imbibe the ethos of the law is quite another matter. There was a time when we said that violence in the home was invisible. With the enactment of the PWDVA, there is no more ‘invisibility’. With the visibility of domestic violence, what has become clear is that discrimination against women has increased. The fight to outlaw discrimination has not yet begun and looms ahead of us. Time and again we are told that women are misusing’ the Law. When asked what is meant by ‘misuse’, it is difficult to get a coherent answer, except perhaps that a woman should learn to live with ‘trivial’ forms of violence within the home and not take these issues to court. Constitutional law still stops at the doorstep of the home it seems. One can only conclude that the intent behind this claim is to dissuade women from using the Law. It seems that as the number of women successfully procuring their rights increases, the louder the cry of ‘misuse’ becomes. Changing the status quo, making the relationship within marriage more equal, will be by far the most difficult battle ahead. (Third M & E Report 2009 iv) The number of cases being filed under the Act is steadily on the increase and so is the number of protection orders. There is indeed a contradiction here. On the one hand, the larger number of cases could indicate that the frequency of violence against women is intensifying and this is not good news. It may also indicate greater awareness of the law over a period of time. After all, the true test of the success of a law is the voluntary compliance with its norms. We will await the day when it would no longer be necessary for women to file cases, and violence against women will cease to exist. Therefore, as Bright rightly puts it, “The day these special laws and legislations created for the protection of women become redundant due to disuse, is the day women will be equal and free indeed”. (15) APRROCHING FOR HELP As discussed in the previous section, domestic violence is a phenomenon felt by all sections of the society, and it’s not just restricted to a particular economic, social or cultural section. It is a major cause of serious mental and physical injury to women. Its direct consequences can be serious injuries, chronic pain, psychiatric problems and even miscarriage. Other than this, it can also lead to suicide attempts by these victims. This well defines the need for professional counseling by doctors, nurses and midwives to guide women with suicidal behavior. Prevention of violence against women requires the involvement of not just the government, but also civil society and the community. It needs combined efforts by the local government, NGOs, health and educational institutions and the media. Even if the government formulates laws and policies to eradicate this kind of violence, civil society is required to execute the policies and help the victims to get access to legal relief. Also, it needs the community’s acceptance, as the cause cannot be successful unless the general population accepts the need for it. Most frequently, women sought help first with the police, with community elders or panchayats, and with their natal families. Some women appeared to seek help in all three places before coming to organizations. But none of the three are able to help women, are provide them with support. Most of the time, none of these measures reduce the violence in any manner, and it even increases in some cases. Women first turn to their natal families for support. Many women do not receive any shelter, protection or support from their own families. Then, the women usually approach the police for assistance. But the mindset of the investigating officers is similar to that of most of the institutions in the Indian society; the women attempting to file a complaint against their husbands are looked down upon. The response obtained in most of the cases is very dry and does not help the issue at all. In some cases, the victims lose hope and continue to suffer, or even attempt suicide after a certain threshold. Few of them turn to organizations for help. Conciliation in such cases is done by the police as a ‘social responsibility’, rather than lodging a complaint. This way, the decision is almost forced onto the woman, who in the end gives in to the convincing. In case of the police, gender, caste and colour of the complainant determines the credibility of the complaint for them, and thereby their following action/inaction. (Kapur, Muttoo and Bisht 53) It is a need of the hour to have organizations to work collectively towards helping victims of domestic violence, giving them emotional support, counsel them and provide legal aid wherever required. In Mumbai, there are a number of NGOs dealing with the issue of domestic violence. All of them vary in their way of objecting against the issue. Some give temporary shelter, counseling or legal aid to the victims of domestic violence. Some organizations have launched campaigns to spread awareness, or to oppose domestic violence. A number of times, the women are reluctant to seek legal aid as they don’t want people to know about problems in their family, and fear that they will not have the support of even their own parents. Also, in some cases, the problem is reduced just by changing the attitude of the woman. A lot of times, all that these women need is a friend to talk to, someone to support them and to know that they are not alone. Therefore, in such situations, professional counseling to the women is required to deal with the problem. But in a lot of cases, no amount of counseling or any help makes the situation better. In such cases, organizations help the victims to seek legal aid. A lot of times the victims are illiterate or unaware of the laws, so the organization assists the victim to approach the courts.   FILING A COMPLAINT A social stigma is attached to the women complaining against their husbands for violence in a marriage. Not just society, but even the police, who are supposed to help the women, looks down upon them. Therefore it takes a lot of courage and thought on the victim’s part to seek legal help in the first place. Even when they do approach the police, a lot of times the case is not filed, or it is lost at that level. Studies show that only about 40 percent of the cases are even responded to. A woman who actually musters the courage and goes upto the police to complain is treated as audacious and deviant. Most of the times, she is just given a counseling by the police, telling her the responsibilities of a ‘good’ wife and how she is supposed to obey her husband, and sending her back without even filing a complaint. (Agnes 109) Since it is a very common issue in India, the police treat it as mundane, thus considering it as a low priority case. A lot of times, they believe that the act is justified. They also believe that most of the sexual violence cases are false, and that women use such false allegations to get their way with men. (Kapur, Muttoo and Bisht, 50) Legal authorities document and interpret women’s experiences and voices in filing legal complaints in such a way that the criminality of the act is lost, and violence within marriage becomes socially sanctioned. The whole experience of abuse and violence within marriage is a very sensitive issue; even more so because of the stigma involved in complaining to the police. Therefore, understanding the woman’s experiences, choices, perspective is an important feature while filing a legal complaint. But this is rarely recognized or adopted by the police. The case records are validated only once the woman’s voice is echoed by other family members, such as brothers or father-in-law. Male witnesses are given more validation by the police, and thus their statements are documented in more vivid detail. Also, the women’s experiences are changed into strictly legal language, which takes away the power in the details of the crime. In a number of cases, the issue is registered under the umbrella of dowry demands, and the investigation is limited and the complexities are omitted. This completely undermines the experiences of the complainant. The records are proof to the fact that the attitude of the police is different to different women. If the woman has been suffering from violence for a long time, the case has greater credibility. On the other hand, not much value is given to a newly married woman who files a complaint. An “adjusting”, “calm”, “simple natured” woman is considered to be “good”, as opposed to a bad woman who is “denigrating” or “abusive”. In the records, the police also brought evidence to prove that particular women are “isolated” or “not social”. Also, violence in marriage is viewed hierarchically with grievous hurt being treated more seriously than being kicked, punched or beaten by hands. Mental torture is almost never treated at par with physical violence. (TISS Study) Even more dilution of the women’s voices occurs due to the language of the complainant. The victims might come and complain in one language, and it is translated for filing the complaint. But in the translation process, culturally specific idioms, phrases and certain words may be lost, which again undermines the experiences of a woman. In conclusion, although the investigating officers are a critical link in making a victim’s voice heard legally, the attitudes and reporting of these officers are shaped by the same ideologies which affect most institutions within Indian society. The police need to be specifically trained to undertake skilful and sensitive investigation in case of domestic violence. DILAASA Dilaasa is India’s first Hospital-based Domestic Violence Intervention Program. It was set up at K.B. Bhabha Hospital Bandra, in 2001 and has helped more than 2000 women to face domestic violence. It was set up as a collaboration between the public health department of the Municipal Corporation of Greater Mumbai (MCGM) and CEHAT, the research centre of the Anusandhan Trust. At Dilaasa, they attempt to formulate strategies so as to identify women who attempt suicide as a consequence of violence, or report with “accidental consumption of poison/burns.” At present, Dilaasa has been established in a number of hospitals in Mumbai. They provide counseling facilities to women who have been victims of domestic violence. They aim to provide psychological and social support to these women, and to assist them to cope up with such events. At Dilaasa, they show support to the women’s decisions, so as to ease their feeling of disrespect, powerlessness and inferiority. The women seeking for legal help or group counseling are referred to different other organizations, such as Majlis, Awaaz-e-Niswaan and the Women’s Centre. At Dilaasa, they attempt to support these victims throughout, so as to make sure that they are not lonely, which might lead to further bitter consequences. Temporary shelter is also provided to women who have left their home and cannot go back. The hospital also provides 24-hour shelter under medical observation. (Services, Dilaasa, CEHAT) STREE AADHAR KENDRA Stree Aadhar Kendra (SAK) has been involved in a number of projects tackling a number of issues throughout its existence. But one feature that has been constant is their family counseling. SAK has over 25 family counseling centres operating in about 10 districts in Maharashtra. Each centre is managed by a team of counselors, social workers and lawyers. This team usually comprises of people from the same district, at least, so that they are familiar with the culture and value system of the victims approaching. Various kinds of aid is provided to the victims, in the form of home visits, counseling, help with approaching police etc. Reconciliation is the primary solution the counselors try for, but they go on to give legal aid if nothing else works. Legal action is the last step taken. SAK also organizes Lok Adalats (people’s courts) to make sure that women in distress get speedy justice. SAK has put in efforts to try and involve the community in the fight against domestic violence. They hold awareness campaigns for women’s right at the community level. The community is urged to protest in case they see violence against women in a neighbouring house. Thus, by attempting community intervention, the organization believes the reach of the protest against domestic violence will widen. (Projects, Stree Aadhar Kendra)   MAJLIS Majlis is an organization which strives to provide legal aid to women in family disputes. It was founded during the women’s movement in the ‘80s. The founders of Majlis are strong believers of the feminist consciousness of that era. Since then Majlis has grown majorly, working towards defending the rights of women in the city of Mumbai The litigation unit of Majlis aims to represent women across class and community in trial court litigation. An all women team of lawyers represents needy women in family disputes, work related issues and in cases related to other civil and political rights, and secure their basic rights to life, liberty and dignity. They term the activity of the rights of women as ‘feminist lawyering’. While most of their work revolves around individual cases, Majlis also works towards larger scale, policy level changes. These cases are filed in ‘public interest’ or as class action cases. This branch of law has been advanced by our Supreme Court because a lot of people from marginalized sectors are not able to initiate any legal proceedings on their own initiative. Therefore by letting representative groups of social activists to initiate such proceedings, the cry of a larger audience is answered. Majlis being a group of concerned, well informed lawyers, it has a huge influence in changing the way things are. These lawyers know how things work, so they are able to assist the victims of violence better. A lot of organizations refer the victims to Majlis for legal help relating to violence within marriage. Thus this organization has a large reach. (About Us, Majlis) SPECIAL CELL FOR WOMEN AND CHILDREN The Special Cell for Women and Children, a collaboration between the Tate Institute of Social Sciences (TISS) and the Mumbai Police, is a unique partnership between the women’s movement and the law enforcement. The Special Cell was set up on 2nd July, 1984, the first cell set up at the Office of the Commissioner of Police, Crawford Market. Later it was expanded to two more cells in Mumbai, in Dadar and Kandivali. In 2001, the government agreed to take over the cell if they observe that satisfactory results are obtained by the cell in the next 3 years. In the same year, the special cell expanded to 10 districts in Maharashtra. So, after an observation period, in 2005, the cell was taken over by the government. In 2011, the cell is working under the State Women’s Council of the Maharashtra government. Today the organization has 40 cells across the state. It works closely with the office of the Inspector General of Prevention of Atrocities to Women (IGPAW).

TISS felt the need to set up such a cell because they believe it is important that there be an active involvement of the police in cases regarding violence against women. But usually, the victims are reluctant to talk freely to the police regarding such issues. So this way, the social worker deals with the victims, and gets them required help from the police, hospitals and shelter homes. Every cell has a social worker, trained by TISS, to whom the victims can come and talk to. Even the police refer relevant cases to them. “Basically, we work towards the empowerment of women. We don’t decide for them. The women know what they want. We are just facilitators, who help them to go about with their decision.” Generally, the social worker first talks to the victim, then calls the partner if necessary. Then they arrange for a joint meeting of both the partners and come to a decision. If the woman feels that she wants a divorce, the social worker helps her to file a complaint. The concept has been a success in the state of Maharashtra. The cells get an average of about 20-30 victims every month. In most of the cases, the women got justice in the end. Thus TISS provides trained social workers, and the police offer the infrastructure and administrative support. The Special Cell works directly with women, their families, and the community in providing a range of services including interface with police, emotional support, counseling, and crisis intervention. In working with the police, the Special Cell has tried to influence interpretation of legal provisions to widen the police umbrella for women facing violence. (Ms.Divya, Personal Interview, TISS) CAMPAIGNS The campaign was launched by Breakthrough, a human rights organization, in collaboration with the Ministry of Women and Child Development, UNIFEM and the UN Trust Fund. Partnering with Mumbai based organizations, like Akshara, Point of View and Men against Violence and Abuse (MAVA) along with prominent personalities, Breakthrough attempted to bring together the city’s influencers to drive a common agenda. (www.breakthrough.tv) It was a simple campaign. It urged people to react whenever they came across domestic violence. It urged them to ring the doorbell of the house, where they hear a husband beating up his wife, and ask for a cup of sugar. The NGO has launched ‘Bell Bajao’ (ring the bell) campaign which urges local residents to take a stand against physical abuse through simple acts. Street plays, audiovisual shows, games and quizzes were used as tools to engage audiences and build awareness on key issues like the law and myths and facts related to domestic violence. The media and promotion involved in this campaign was huge. It was an immense success in Mumbai. As a follow up, Breakthrough launched the campaign internationally in 2010. (About the Campaign, Bell Bajao) A lot of other campaigns have also been taken up. Organizations like Akshara train women at local levels to handle cases of domestic violence in their own neighbourhood. Thus it increases the reach of the organization to a large extent. The International Centre for Research on Women (ICRW) in collaboration with the Family Violence Prevention Fund (FVPF), Mumbai School Sports Association (MSSA) and Apanalya and with the financial support from NIKE Foundation launched a campaign called ‘Parivartan’. Iconic cricketer Sachin Tendulkar was the ambassador of this campaign. Here, these organizations attempt to use cricket as a medium to generate respect for women, so that cases of violence against women are avoided at least in the future. (Sinha Kounteya, “Sachin bats for campaign against domestic violence”) CONCLUSION Steps are being taken by a number of organizations – governmental and non-governmental – to eradicate the crime of domestic violence. The best way to do this is by urging the community to get more involved in the matter. Therefore the NGO needs to play a role not just to tackle the situation of the victims, but also to get the public, not directly affected by such violence, to feel a sense of responsibility towards the crime. Unless people feel personally affected by the issue, they will not become a stakeholder to the solution. Therefore, it is important that the general public, especially the men, are made to overcome their apathy towards the situation, so that they help to eradicate this crime from the society. Domestic violence should be tackled at the grass root levels to eradicate it in the future. Education is an important factor, wherein the men are educated and made responsible. They need to be sensitized to the issue from childhood, so that they do not perpetrate violence against women in the future. This itself will reduce this violence to a large extent. Even if the Constitution makes provisions for victims of domestic violence, eradication of this crime cannot be done successfully as long as the society doesn’t change their attitude towards such violence and the perpetrators of violence against women. Today, in the age of technology and modernization, the country’s economic figures indicating growth are increasing at an exponential rate. But this economic growth holds no value if the country is not growing socially and majority of the population still follows obsolete beliefs like patriarchy. Thus the society holds a huge responsibility in changing such values and building an equal and truly democratic country.