Law > Social Laws > Laws Related to Women and Children > Domestic Violence
Crimes against women have been committed since antiquity. Domestic violence is one of them and is a serious problem around the world. For centuries, domestic violence has been perceived as a part of the normative structure in patriarchal societies. Women have been victims of abuse by their spouses and often by members of their family. Violence to wives is found in all societies and across all economic and age groups. It seems indeed a great pity that despite the proliferation of education, the growing emancipation of women, and revolutionary changes in people’s attitude towards the institution of family in this century all over the world, domestic violence persists and is still tolerated. Domestic violence violates the fundamental human rights of women and often results in serious injury or death.
Women are regarded as the weaker sex throughout the world. Efforts are being made all over the world to improve their status. The United Nations in particular has made a considerable contribution in this regard. The preamble of the United Nations Charter 1945, laid down the aim of the Charter to reaffirm faith in fundamental human rights, in the dignity and worth of a human person, and to provide equal rights to men and women. This principle of equality has been further emphasized under various major international human rights instruments, prepared and adopted under the auspices of the United Nations. The principle of equal rights of men and women has also been incorporated in the Universal Declaration of Human Rights. This Declaration lays down that “all human beings are born free and equal in dignity and rights.” The Declaration further lays down that “everyone is entitled to all the rights and freedom set forth in this Declaration, without distinction of any kind including sex.
In November 1967, the General Assembly adopted the Declaration on the Elimination of discrimination against Women. This Declaration contains 6 Articles which are aimed at identifying the problem of violence against women and provide solutions to the same. The Convention on the Elimination of all Forms of Discrimination against Women was adopted by the General Assembly in 1979. In 1981, after receiving the necessary 20 ratifications, the Convention entered into force, and the Committee on the Elimination of Discrimination against Women was formally established. The function of the Committee is to exercise the implementation of the Convention by state parties. The World Conference of Human Rights 1993 at Vienna, which was one of the main turning points in women’s rights for the first time recognized the gender-based violence against women, in public and private life as a human rights concern. The United Nations General Assembly in December 1993, adopted the Declaration on the Elimination of Violence against Women. It is the first international human rights instrument to deal exclusively with violence against women.
Defining Domestic Violence:
The United Nations defined the term “violence against women” in a 1993 Declaration as “ any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life”. Having included domestic violence as a form of violence against women, the United Nations further explained that: The term ‘domestic violence’ is used to describe actions and omissions that occur in varying relationships. The term is used narrowly to cover incidents of physical attack, when it may take the form of physical and sexual violations… The result of such physical violence can range from bruising to killing; what may often start out as apparently minor attacks can escalate both in intensity and frequency…. ‘Domestic Violence’ also includes psychological or mental violence, which can consist of repeated verbal abuse, harassment, confinement and deprivation of physical, financial and personal resources……
One of the most progressive definitions of domestic violence appears in the South African Domestic Violence Act of 1998. The Act defines domestic violence as (a) physical abuse; (b) sexual abuse; (c) emotional, verbal and psychological abuse; (d) economic abuse; (e) intimidation; (f) harassment; (g) stalking; (h) damage to property; (i) entry into the complainants’ residence without consent, where the parties do not share the same residence; or (j) any other controlling or abusive behaviour towards a complainant, where such conduct harms, or may cause imminent harm to, the safety, health or well-being of the complainant.
Domestic violence includes violence perpetrated against a women by her husband and other members of his family and manifested through as below:
Kinds of Domestic Violence:
Physical Violence:
Physical violence is the intentional use of physical force with the potential for causing injury, harm, disability, or death. It includes hitting, slapping, beating, arm-twisting, stabbing, strangling, burning, choking, kicking, shaking, pushing, pulling, punching, scratching, pinching, hair pulling, shooting, drowning, burning, and threats with an object or weapon, and murder.
physical violence also includes female foeticide and female infanticide, incest rape within marriage, connivance and collusion of family members for sexual abuse of women in the household; burdening of women with drudgery, neglect of women’s health problems, trapping in a room.
Verbal Abuse:
Verbal abuse (also verbal attack or verbal assault) is the act of forcefully criticizing, insulting, or denouncing another person.
Verbal abuse includes name calling (‘ugly’, ‘bitch’, ‘whore’, or ‘stupid’), yelling, screaming, rampaging, terrorizing, cursing, criticizing, ridiculing and insulting the wife which results in mental pain. It also includes use of abusive language to denigrate, embarrass or threaten victim and refusing to talk.
Emotional Abuse:
Emotional abuse is a way to control another person by using emotions to criticize, embarrass, shame, blame, or otherwise manipulate another person. It is one of the hardest form of abuse to recognize.
It includes insulting or criticizing to undermine the victim’s self-confidence. This includes public humiliation, as well as actual or threatened rejection. It also includes threats of abandonment or abuse, confinement to the home, surveillance, threats to take away custody of the children, destruction of objects, isolation, verbal aggression and constant humiliation, threat to kill or abandon victim, children, curbing the freedom to associate with the natal family, neighbours, and friends, curtailment of right to self-expression, irresponsible behaviour and alcoholism of the husband, consistently disregarding, ignoring, or neglecting the victim’s requests and needs, forcing the victim to take drugs or alcohol, not allowing the victim to practice their religious beliefs.
Sexual Abuse:
Sexual abuse is using sex in an exploitative fashion or forcing sex on another person.
Sexual abuse includes coerced sex through threats, intimidation or physical force, forcing unwanted sexual acts or forcing sex with others, Laughing or making fun of another’s sexuality or body, making offensive statements, insulting, or name-calling in relation to the victim’s sexual preferences/behaviour, having affairs with other people and using that information to taunt the victim, making abusive sexual contact.
Economic Abuse:
Economic abuse is a way to control the victim through manipulation of economic resources. Economic abuse is when the abuser has complete control over the victim’s money and other economic resources.
Usually, this involves putting the victim on a strict ‘allowance’, withholding money at will and forcing the victim to beg for the money until the abuser gives them some money, spending money for necessities (food, rent, utilities) on nonessential items (drugs, alcohol, hobbies.), withholding of physical needs including interruption of sleep or meals, denying money, food, transportation, or help if sick or injured, locking victim into or out of the house, refusing to give or rationing necessities.
Causes of Domestic Violence:
- One of the reasons for domestic violence being so prevalent is the orthodox mindset of society that women are physically and emotionally weaker than males.
- Dissatisfaction with the dowry and exploiting women for more of it
- Other causes include arguing with the partner, refusing to have sex with him, neglecting children, going out of the home without telling the partner, not cooking properly or on time, indulging in extramarital affairs, not looking after in-laws, etc.
Consequences of Domestic Violence:
Effects on Victim:
Physical Effects:
- Bruises
- Sprained or broken wrists
- Chronic fatigue
- Shortness of breath
- Muscle tension
- Involuntary shaking
- Changes in eating and sleeping patterns
- Sexual dysfunction
- Menstrual cycle or fertility issues in women
Psychological Effects:
- Depression, including prolonged sadness
- Anxiety
- Feeling unworthy and low self-esteem
- Suicidal thoughts or attempts
- Alcohol and drug abuse
- Hopelessness, unmotivated
- Inability to trust
- Divorce and Separation
Effects on Family:
- Can destroy family environments and lead to the break-up of families
- Frequent moving to avoid the abuser
- Regular household conflict
- Creates Anxiety, depression, emotional distress, eating and sleeping disturbances, low self-esteem, guilt, aggressiveness, phobias, insomnia, distraction, less empathy, bullying behaviour, academic problems and fearfulness in children observing the domestic violence.
Effects on Society:
- Children growing up without learning about positive and respectful relationships leads to an unstable society.
- Abusers going to prison
- Higher rates of alcohol and other drug use, and mental health problems
Conclusion:
For centuries, domestic violence has been perceived as a part of the normative structure in patriarchal societies. Women have been victims of abuse by their spouses and often by members of their family. Violence to wives is found in all societies and across all economic and age groups. It seems indeed a great pity that despite the proliferation of education, the growing emancipation of women, and revolutionary changes in people’s attitude towards the institution of family in this century all over the world, domestic violence persists and is still tolerated. Women form the largest group of victims. However, men, children, and elderly people can also be victims of domestic violence. Domestic violence occurs at all levels in society and in all population groups. Abuse is usually deliberate, but not always. The solutions to the problem are often far from obvious and policies that seem at first sight to be attractive may not always be very effective. For example, an obvious solution towards empowering women is increasing their labour force participation which is expected to enhance their bargaining power at home leading to lower domestic violence. However, it could also lead to greater exposure to other types of crimes outside the home, e.g. at workplaces or while traveling to work. Hence solution should be found with the judicious mix.