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Source: This post on Domestic Violence is based on the article “What can a domestic violence survivor do when the justice system lets her down?” published in Indian Express on 17th November 2023.
UPSC Syllabus Topic: GS Paper 2 Governance – Mechanisms, laws, institutions and bodies constituted for the protection and betterment of vulnerable sections.
News: The article discusses how in India, the legal system and police often don’t support women facing domestic violence. Laws exist, but they’re not effectively used. There’s also criticism of the courts and media for suggesting women misuse these laws, which discourages them from seeking help.
What is domestic violence?
According to the Domestic Violence Act, domestic violence is defined as any harm or damage to a woman in a domestic relationship, encompassing physical, sexual, verbal, emotional, and financial abuse. It also includes threats of abuse and harassment related to illegal dowry demands.
According to National Crime Records Bureau of India, a crime against a woman in committed every three minutes.
The 2019 National Crime Records Bureau report shows around 400,000 registered domestic violence cases.
What are the challenges faced in the fight against domestic violence in India?
Widespread Occurrence: The National Family Health Survey 5 (2019-20) indicates that 30% of Indian women aged 18-49 have experienced physical violence since age 15, highlighting the extensive nature of the problem.
Dowry-Related Deaths: According to the 2015 National Crime Records Bureau report, an average of 21 women dies every day in India due to dowry-related violence.
Ineffective Legal Support: A study of over 400,000 FIRs in Haryana found that the legal process, from filing FIRs to obtaining convictions, often disadvantages women in domestic violence cases.
Police Reluctance: There’s a significant reluctance among police to file FIRs for domestic violence, often advising victims to resolve issues through counseling, reflecting a patriarchal bias.
Judicial Prejudices: Judicial comments, as seen in the Rakesh and Reena Rajput v The State of Jharkhand case, suggest a perception of women misusing domestic violence laws, which can discourage victims from seeking legal redress.
What government initiatives are in place to combat domestic violence in India?
One Stop Centres (OSCs): Established to provide integrated support and assistance to women affected by violence, including domestic violence.
Ujjawala Homes and SwadharGreh: Residential facilities providing shelter, food, clothing, and counseling to women victims of domestic violence.
Emergency Response Support System (112): A unified emergency number for immediate assistance in cases of domestic violence.
What are the legal provisions aimed at combating domestic violence in India?
The Dowry Prohibition Act, 1961: Criminalizes the giving and receiving of dowries, addressing a significant root cause of domestic violence.
Indian Penal Code Amendments: Introduction of Section 498A in 1983 and Section 304B in 1986, specifically targeting domestic violence and dowry-related deaths.
The Protection of Women from Domestic Violence Act (PWDVA), 2005: A comprehensive law that defines domestic violence to include physical, emotional, sexual, verbal, and economic abuse. It offers protection and legal recourse to victims.
What should be done?
A report by Standing Committee on Home Affairs on ‘Atrocities and Crimes against Women and Children (2021)’ gave the following recommendations:
Report-Based Registration Enhancements: Implement strategies like decoy operations and online FIR registration for timely action on domestic violence cases.
Boosting Conviction Rates: The report suggests establishing fast-track courts and employing the Online Investigation Tracking System.
Support for Marginalized Groups: The Committee advises including specific provisions for women from disadvantaged communities.
Helpline and Shelter Homes: A recommendation for a nationwide helpline and more shelter homes.
Cyber-crime Measures: Enhanced training for law enforcement in cyber tools.
Increasing Female Police Representation: Recruitment drives to increase women in the police force are recommended.
Institutional and Legal Reforms: Creation of databases for criminals and vulnerable groups and amending laws for effectiveness.
Utilizing Nirbhaya Fund: Proper allocation and utilization of the Nirbhaya Fund for women’s safety initiatives.
Terminology used:
Decoys: A decoy is someone from the police who talks to a suspect and helps catch them or gather information about the crime they might commit.
Question for practice:
Discuss the effectiveness of government initiatives and legal provisions in India aimed at combating domestic violence.
