Issues associated with domestic violence

29 Nov 2022 Issues associated with domestic violence

Significance for Prelims: Protection of Women from Domestic Violence Act 2005 (PWDVA)

Significance for Mains: Reasons for domestic violence and possible solution to curb this menace. 

News: Many questions are being raised after the brutal murder and mutilation of a young woman by her partner. It is also recognised under the Protection of Women from Domestic Violence Act 2005 (PWDVA) as a kind of domestic violence.

Instruments against domestic violence:

• International Day for Elimination of All Forms of Violence against Women is commemorated on November 25.

• The government of India passed the progressive legislation Protection of Women from Domestic Violence Act 2005 (PWDVA) involving both civil and criminal protections. The aim of the legislation is  to support and protect women not just from husbands but from violence within the household. 

National Family Health Survey-5 (2019-21) data on domestic violence:

• Approximately  32% of ever-married women aged 18-49 years have ever experienced emotional, physical, or sexual violence committed by their husbands.
• Women in rural areas report domestic violence more often than those in urban areas.
• Data does not capture the prevalence of violence against women by other family members. 
• Only 14% of women who are victims of domestic violence have ever sought help. 

Issues associated with domestic violence cases 

• Uneven implementation of PWDVA: Despite the law women are still unable to access the law as its promise and provisions are unavailable and out of reach for most Indian women.
• Non-reporting of Cases: Despite almost a third of women being subject to domestic violence, only 14% of women have ever sought help.
• Women experience obstacles, prejudices and fears around sharing and reporting experiences of violence.
• Women did not want to become a problem or a source of ‘tension’ for their families: They feel that by why bringing their problem in front of their families, they are becoming ‘burden’, bringing shame and dishonour to their families.
• Most Women expect that the behaviour of their husbands will change with time.
• In the majority of cases of violence against women, the women’s family insists that their daughter preserve their family environment by ‘adjusting’ to or accommodating their husband’s (and his family’s) needs.
• Key ‘turning’ or ‘tipping’ points are survivors’ heightened concerns for their children’s safety. 
• Lack of access to legal justice: Access to courts is only possible for women with independent wealth and connections or those supported by non-governmental organisations(NGOs), 
• Social norms about gender inequality: Social norms about gender inequality are also ingrained in women, various data show that women are more likely than men to justify wife-beating or hitting scenarios. 
• For the majority of women, police were part of the problem rather than a solution to violence: Police were more likely to send women back to violent households to reconcile with the perpetrator or use violence against perpetrators as a deterrent.
• Violation of PWDVA outlines: In most cases Police instead of filing an official complaint or connecting women to protection officers and other service providers, they often send them back to their husbands. 
• Protection officers under PWDVA are under-resourced, under-skilled and overworked. 
• Patriarchal and heteronormative interests of the state: State is failing women. Even though criminal and civil remedies against domestic violence exist through protection orders, managing the fallout of domestic violence is still being subcontracted to survivors and their families. 

Way forward: Design effective help-seeking efforts.

• Design awareness programs so that the actions of relatives or neighbours who witnessed the violence were able to transform the situation of domestic violence survivors. 
• Enable a support system for survivors so that they can pursue new skills and livelihood opportunities for their economic self-sufficiency. 
• Implement Protection officers mentioned under the Protection of Women from Domestic Violence Act 2005 (PWDVA).

Further reading:

1. Protection of Women from Domestic Violence Act 2005 (PWDVA).

Prelims (2020): 

In the context of Indian history, the Rakhmabai case of 1884 revolved around

1. women’s right to gain Education
2. age of consent
3. restitution of conjugal rights

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Mains(2014): 

1. Why do some of the most prosperous regions of India have an adverse sex ratio for women? Give your arguments.

Source: The Hindu

Article: Still a nightmare for domestic violence survivors( PHILIPPA WILLIAMS,SWARNA RAJAGOPALAN,GIRIJA GODBOLE,RUCHIRA GOSWAMI)

Article Link: https://www.thehindu.com/opinion/lead/still-a-nightmare-for-domestic-violence-survivors/article66196621.ece

sharad