Domestic violence-a non gendered crime ppt

Critical analysis of domestic violence as a non gendered crime

1. Domestic violence “A non gendered crime” Prepared By: JANVI KAPOOR B.A.LL.B (H) 2 nd semester NITLESH KUMAR MISHRA B.A.LL.B (H) 2 nd semester s Prepared For: DR. SMRITI ROY

2. TABLE OF CONTENT 1. INTRODUCTION 2. DEFINATION 3. FORMS OF DOMESTIC VIOLENCE 4. CAUSES OF DOMESTIC VIOLENCE 5. CONDITION OF MALE VICTIMS 6. CONDITION OF FEMALE VICTIMS 7. CONDITION OF DOMESTIC VIOLENCE IN INDIA (state wise) 8. EFFECTS OF DOMESTIC VIOLENCE 9. LAWS THAT GOVERNS DOMESTIC VIOLENCE IN INDIA 10. SUGGESTIONS 11. CONCLUSION

3. INTRODUCTION. Domestic violence is a form of abuse that occurs within a relationship or household. It is a serious issue that affects millions of people worldwide, regardless of their gender, age, race, or socioeconomic status. Domestic violence is not gender specific: domestic violence is often thought of as a crime that only affects women, but this is a misconception. Men can also be victims of domestic violence, and it can occur in same-sex relationships as well.

4. Domestic violence against men Domestic violence against women FIG 1.1

5. Defination . OXFORD DICTIONARY: Oxford Dictionary defines violence: “As behaviour involving physical force intended to hurt damage or kill someone or something”. UNITED NATIONS: The United Nations define gender-based violence in the following way: “The definition of discrimination includes gender-based violence that is violence that is directed against a woman because she is a woman or that effects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering threats of such acts and other deprivations of liberty”. WHO: WHO defines violence: “the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either result in or has hi likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation”.

6. FORMS OF DOMESTIC VIOLENCE PHYSICAL ABUSE: means any act or conduct which is such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; SEXUAL ABUSE: Includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violets the dignity of woman. VERBAL AND EMOTIONAL ABUSE: includes- Insults ridicule, humiliation, name calling or ridicule specially, with regard to not having a child or a male child. Repeated threats to cause physical pain to any person in whom the aggrieved person is interested. ECONOMIC ABUSE: Economic abuse is the use of financial resources to control or limit a person's freedom. This can include withholding money, controlling access to bank accounts, or preventing a person from getting a job.

7. CAUSES OF DOMESTIC VIOLENCE CULTURAL FACTORS: historically, many patriarchal cultures have permitted the beating and sacrificing of women and children, who are viewed as a man’s property. Additionally, the concept of women’s sexuality is often tied to the family’s honour . Therefore, any action or behaviours by a woman that are perceived as acts of dishonour towards the family are met with judgement and abuse. LEGAL FACTORS: Law enforcement agencies tend to treat domestic abuse as private family matters and sometimes hesitate to intervene or get involved. Acts of domestic abuse are often treated with more leniency than crimes committed by the strangers. In fact, sexual abuse by intimate partners is not even recognised as a crime in many cultures.

8. ECONOMIC FACTORS: Lack of economic resources is often associated with domestic abuse. ENVIRONMENTAL FACTORS: People who have grown up in a abusive environment and witnessed or experienced abuse as children. Maybe more likely to perpetrate domestic abuse as adults. This is referred to as inter-generational cycle of abuse. SOCIAL FACTORS: Society still tends to blame victims for being abused, which can make it difficult for them to come forward and report their abusers. Victims are often scrutinised minutely, and any imperfections are held against them.

9. CONDITION OF MALE VICTIMS In India, there is no such legislation to protect men from the heinous crime of domestic violence. Men who face domestic violence at the hands of their wives or their intimate partners, these attackers who are usually women are immune to the provisions related to gender violence that is given in the penal provisions i.e. Indian Penal Code of the country. Apart from the law, there exist some other reasons that could cause such cases to go unreported, such as :general Stereotypes against males ,societal and family pressure, denial and most importantly gender biased laws. According to a cross sectional study. In which 1000 households were approached for 1000 participants the total prevalence of gender-based violence was found to be (52.4%) among males. The majority (51.6%) of the subjects experienced emotional violence followed by physical (6%), sexual violence (0.4%) by any female. The overall prevalence of emotional physical and sexual spousal violence is as shown in the figure  (1.2).

10. FIG. 1.2

11. CONDITION OF FEMALE VICTIMS According to the latest report by The National Family Health Survey (NFHS) a large scale, and multi round survey conducted in Indian households:“29.3% married Indian women between the ages of 18-49 years have faced domestic violence/or sexual violence. 3.1% of pregnant women between the ages of 18-49 have experienced physical violence during any pregnancy.” FIG. 1.3

12. CONDITIONS OF DOMESTIC VIOLENCE IN INDIA ( State wise) According to the latest report domestic violence is highest in Karnataka 44% Bihar 40% Manipur 39% Telangana 36%  Tamil Nadu  38% FIG. 1.4

13. EFFECTS OF DOMESTIC VIOLENCE Domestic violence can have serious and long-lasting effects on the victim, including physical injuries, mental health issues, and even death. It can also affect children who witness or experience the abuse. FIG. 1.5

14. LAWS THAT GOVERNS DOMESTIC VIOLENCE IN INDIA The protection of women from domestic violence act,2005 The Protection of Women from Domestic Violence Act, 2005 is a legislation aimed at protecting women from domestic violence and abuse. The key features of this act are as follows. Definition of Domestic Violence: The Act defines domestic violence as any form of abuse or violence that is committed by a husband, relative, or any other person with whom the woman is in a domestic relationship. This includes physical, sexual, emotional, verbal, and economic abuse. Protection Officers: The Act provides for the appointment of Protection Officers who are responsible for providing assistance and support to women who are victims of domestic violence. They can also help in filing complaints and getting legal aid.

15. Protection Orders: The Act empowers the court to issue protection orders to prevent domestic violence. These orders can include restraining the abuser from contacting or coming near the victim, and providing temporary custody of children to the victim. Residence Orders: The Act also allows the court to grant residence orders to the victim, which gives her the right to stay in the shared household even if she does not have any right or title over the property. Custody Orders: The Act also empowers the court to grant temporary custody of children to the victim, if the court deems it necessary to protect the interests of the children. Counseling: The Act also provides for counseling and medical assistance to the victim and her children. Penalties: The Act imposes penalties on those who violate the protection orders issued by the court. Overall, the Protection of Women from Domestic Violence Act, 2005 provides a comprehensive legal framework to protect women from domestic violence and to ensure their safety and well-being.

16. Section 498A of the Indian Penal Code (IPC) Section 498A of the Indian Penal Code (IPC) is a criminal law provision that deals with the offence of cruelty by a husband or his relatives towards a married woman. The main features of Section 498A IPC are: Offence: Section 498A IPC makes it an offence to subject a married woman to cruelty by her husband or his relatives. The term 'cruelty' includes both mental and physical cruelty. Punishment: The punishment for the offence under Section 498A IPC is imprisonment for a term which may extend to three years and/or fine. Jurisdiction: The offence under Section 498A IPC can be tried in any place where the woman has been subjected to cruelty. Cognizable and non-bailable offence: The offence under Section 498A IPC is a cognizable offence, which means that the police can arrest the accused without a warrant, and it is also a non-bailable offence, which means that the accused cannot be released on bail without a court order.

17. Complaint by the victim or her relative: A complaint under Section 498A IPC can be filed by the victim herself or by her parents, siblings, or any other relative. Presumption of guilt: In cases where the woman has been subjected to cruelty, there is a presumption of guilt against the accused, and the burden of proof shifts to the accused to prove his innocence. It is important to note that while Section 498A IPC was enacted with the intention of protecting married women from cruelty, there have been concerns about its misuse and abuse, leading to false cases being filed against innocent persons.

18. Suggestion Domestic violence being a serious offence must be given considerable attention. Though there are various legislations and acts protecting the rights of the victims, various loopholes in the system has delayed the process of justice. Therefore, due attention must be given to the implementation of such laws. As domestic violence is not only subjected to violence against women i.e., both men and women (in homosexual and heterosexual) can be the victims of domestic violence legislations must be introduce with a wider domain including all types of victims with respect to their gender. Gender-neutral law is the need of the hour wherein the rights of the victims are protected and preserved without giving any preference to a particular gender. Awareness camps or programs must be organized to educate the public at large about domestic abuse its forms, signs, remedies available to victims, rehabilitation centres , etc. NGOs playing a very important role in such type of cases must ensure that rights of the victims are protected and preserved properly. Government must ensure proper implementation of the acts and legislations to keep a check on domestic violence cases from time to time.

19. conclusion Domestic violence is a serious issue that affects people of all genders, races, ages, and socioeconomic backgrounds. It is important to recognize that domestic violence is a non-gendered crime and to provide support and resources for all victims. By working together, we can end domestic violence and create a safer world for everyone.

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