Domestic violence is a widespread problem in India that affects millions of women. The Indian government has implemented several laws to address the issue, including amending the Indian Penal Code in 1983 to make domestic violence a criminal offense. The 2005 Protection of Women from Domestic Violence Act defined domestic violence and gave women rights to seek protection and legal aid. The 2013 Criminal Law Amendment increased penalties for crimes against women and added new punishable offenses like acid attacks and stalking, though it failed to address the issue of marital rape. While these laws aim to protect women, widespread social stigma and lack of enforcement limit their effectiveness.
Domestic Violence Act 2005 in English
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
What are the signs of domestic violence?
• Destructive criticism and verbal abuse: shouting/mocking/accusing/name calling/verbally threatening.
• Pressure tactics: sulking, threatening to withhold money, disconnect the telephone, take the car away, commit suicide, take the children away, report you to welfare agencies unless you comply with his demands regarding bringing up the children, lying to your friends and family about you, telling you that you have no choice in any decisions.
• Disrespect: persistently putting you down in front of other people, not listening or responding when you talk, interrupting your telephone calls, taking money from your purse without asking, refusing to help with childcare or housework.
• Breaking trust: lying to you, withholding information from you, being jealous, having other relationships, breaking promises and shared agreements.
• Isolation: monitoring or blocking your telephone calls, telling you where you can and cannot go, preventing you from seeing friends and relatives.
• Harassment: following you, checking up on you, opening your mail, repeatedly checking to see who has telephoned you, embarrassing you in public.
• Threats: making angry gestures, using physical size to intimidate, shouting you down, destroying your possessions, breaking things, punching walls, wielding a knife or a gun, threatening to kill or harm you and the children.
• Sexual violence: using force, threats or intimidation to make you perform sexual acts, having sex with you when you don't want to have sex, any degrading treatment based on your sexual orientation.
• Physical violence: punching, slapping, hitting, biting, pinching, kicking, pulling hair out, pushing, shoving, burning, strangling.
• Denial: saying the abuse doesn't happen, saying you caused the abusive behavior, being publicly gentle and patient, crying and begging for forgiveness, saying it will never happen again.
Domestic Violence Act 2005 in English
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
What are the signs of domestic violence?
• Destructive criticism and verbal abuse: shouting/mocking/accusing/name calling/verbally threatening.
• Pressure tactics: sulking, threatening to withhold money, disconnect the telephone, take the car away, commit suicide, take the children away, report you to welfare agencies unless you comply with his demands regarding bringing up the children, lying to your friends and family about you, telling you that you have no choice in any decisions.
• Disrespect: persistently putting you down in front of other people, not listening or responding when you talk, interrupting your telephone calls, taking money from your purse without asking, refusing to help with childcare or housework.
• Breaking trust: lying to you, withholding information from you, being jealous, having other relationships, breaking promises and shared agreements.
• Isolation: monitoring or blocking your telephone calls, telling you where you can and cannot go, preventing you from seeing friends and relatives.
• Harassment: following you, checking up on you, opening your mail, repeatedly checking to see who has telephoned you, embarrassing you in public.
• Threats: making angry gestures, using physical size to intimidate, shouting you down, destroying your possessions, breaking things, punching walls, wielding a knife or a gun, threatening to kill or harm you and the children.
• Sexual violence: using force, threats or intimidation to make you perform sexual acts, having sex with you when you don't want to have sex, any degrading treatment based on your sexual orientation.
• Physical violence: punching, slapping, hitting, biting, pinching, kicking, pulling hair out, pushing, shoving, burning, strangling.
• Denial: saying the abuse doesn't happen, saying you caused the abusive behavior, being publicly gentle and patient, crying and begging for forgiveness, saying it will never happen again.
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*Please open in Microsoft PPT for high definition and best effects :)
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This presentation contains the definition of custodial violence as well as its types and the laws to prevent it.
*Please open in Microsoft PPT for high definition and best effects :)
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An Analysis of the existing laws on victim protection in relation to the victims of offences of gender based violence in Sri Lanka, along with the existing international standards.
MAITRI is a humanitarian and developmental NGO established in 2005. Its mission is to
establish basic health, promote education and restore human rights to empower India’s
vulnerable populations. Maitri defends human rights and strengthens communities through
individual and community empowerment with advocacy, education, community-based program
development, and networking. Maitri is committed to improving the quality of life and dignity
of the vulnerable populations it works with, which include:
● Destitute and marginalised widows
● Migrant workers and their families
● Underprivileged children
Domestic violence can be described as an abuse of power in one
relationship by an adult to control another (female). It establishes control and fear in a
relationship through violence and other forms of abuse. This violence can take the form of
physical assault, psychological abuse, social exploitation
It is an outcome of state of art systematic review of literature. It provides insights about the cause, consequences and future concerns of violence against women in India
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This presentation was uploaded with the author’s consent.
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Against Domestic Violence
1.
2. What do you mean by
domestic violence?
Domestic violence (also named domestic
abuse or family violence) is violence or other abuse by
one person against another in a domestic setting, such
as :in marriage or cohabitation. It may be
termed intimate partner violence when committed by
a spouse or partner in an intimate relationship against
the other spouse or partner, and can take place
in heterosexual or same-sex relationships, or between
former spouses or partners. Domestic violence can also
involve violence against children, parents, or the elderly.
It takes a number of forms,
including: physical, verbal, emotional, economic, religiou
s, reproductive, and sexual abuse, which can range from
subtle, coercive forms to marital rape and to violent
physical abuse such as choking, beating, female genital
mutilation, and acid throwing that results
in disfigurement or death. Domestic murders
include stoning, bride burning, honor killings, and dowry
deaths.
4. Physical Abuse
Physical abuse is any intentional act
causing injury or trauma to another
person or animal by way of bodily
contact.
Putting a person in danger; by slapping,
hitting, pushing, punching, kicking, hair
pulling choking, burning or using
weapon or other objects to harm a
person.
5. Emotional abuse
Psychological abuse is a form of abuse,
characterized by a person subjecting, or
exposing, another person to behavior
that may result in psychological trauma,
including anxiety, chronic depression, or
post-traumatic stress disorder.
Name calling, threat, humiliation, blame
insults, put downs, isolations from
friends and families, being ignored,
pressure, extreme jealousy.
6. Sexual abuse
Sexual abuse, also referred to as
molestation, is usually undesired sexual
behavior by one person upon another. It
is often perpetrated using force or by
taking advantage of another.
Pressuring someone to have sex, taking
photos in sexual situation, sending those
photos to some others, forcing someone
to look at pornography, offering
someone to another person for sex.
8. What you need to do?
Raise our voice.
Talk to your friends and relatives about it.
Take the help of NGO or police.
Take the help of the protection of women
against domestic violence act,2005(PDDV,
ACT 2005) and contact the protection
officer of your area and register Domestic
Incident Report.
You can also go directly to a magistrate.
9.
10. Widespread and rampant violence against women is
one of the most pressing problems India struggles with
as a society. It is estimated that around 37 percent of
Indian women have experienced either physical or
sexual violence in their lifetime.
In 2013 alone, there were nearly a hundred and twenty
thousand reports of domestic violence against women,
according to India’s National Crime Records Bureau.
Furthermore, a 2015 study conducted by the Planning
Commission of India surmised that a whopping 84
percent of women have been abused in their homes at
least once.
However, a majority of these women are far too afraid of
social stigma to reveal that they are victims of abuse.
This is due to women’s poor social standing in Indian
society, where beating a woman for even the smallest
11. In turn, this leads to a lack of support, even
from close friends, when domestic violence
victims seek help in escaping their situation.
Thankfully, the Indian government has already
put into place a number of rules and
regulations that are designed to protect Indian
women from domestic violence.
If the following laws are properly enforced,
women in India may be able to hope for safer,
more peaceful homes within the near future.
1. The Indian Penal Code Amendment in 1983
2. The 2005 Protection of Women from
Domestic Violence Act
3. The 2013 Criminal Law Amendment
12. The Indian Penal Code
Amendment in 1983
A special section, numbered 498-A, that officially made
domestic violence a criminal offense was added to the
Indian Penal Code in 1983. This section of the law
specifically covers cruelty towards married women by
their husbands or their husbands’ families.
A helpful clause in this section allows women’s relatives
to make the complaint for them. This is extremely
beneficial in cases where the woman is too afraid to
speak up for herself, for reasons such as she could get
caught by her husband or simply cannot leave the
house.
One kind of cruelty that can be punished is behavior that
causes a woman’s death or serious injury, or pushes her
to commit suicide. Another kind is the type of
harassment relating to intimidating the woman or her
13. Under the policy, acts of cruelty include, but are
not limited to, the following:
physical abuse;
mental torture through threats to her or her
loved ones (such as children);
denying the woman food;
locking her in or out of the house as
punishment; and
demanding perverse sexual acts against the
woman’s will.
Convicted offenders will be charged with up to
three years of prison, as well as a hefty fine.
14. The 2005 Protection of
Women from Domestic
Violence Act
Created in 2005 and enacted over a year later, the
Protection of Women from Domestic Violence Act is
exactly what the title proclaims.
This is the first law in India to specifically
acknowledge every woman’s right to be in a home
without violence. In fact, it was seen as a major step
forward in securing women’s rights and more
effective protection.
It is a long and comprehensive law that details
several important policies and procedures meant to
help women.
First, it gives a specific definition of domestic
violence: actual or threats of physical, mental,
emotional, sexual, or verbal abuse, as well as
harassment regarding dowry or property.
15. Women are given the right to seek protection against such
acts, and their relatives can file a complaint for them
against husbands who break the law.
Second, a woman’s right to reside in their “matrimonial
household” is clearly recognized. She cannot be evicted
from it as she rightfully shares it with her husband.
If she is evicted, she has the right to seek monetary
compensation and safe shelter, as well as free legal and
medical aid.
Lastly, both NGOs and divisions of the Indian Government
– such as the National Commission for Women – took the
initiative to organize awareness seminars that could be
easily attended by women who are affected by this act,
e.g., women in high risk areas.
Violators of this law will either be mandated to compensate
the woman financially, or will be served a restraining order
to keep them away from the complainant.
16. The 2013 Criminal Law
Amendment
As a response to the requests made by the Justice
Verma Committee, a small commission named after
and headed by one of India’s most highly regarded
jurists, a lengthy list of amendments to the Indian
Penal Code, Code of Criminal Procedure, and the
Indian Evidence Act were introduced in this 2013 act.
The aim of the amendment was to provide harsher
and swifter punishment for those criminals who
committed abuse against women.
Details regarding sexual assault and rape were
clarified and added onto. For instance, “rape” was
given a better and more exhaustive legal definition,
to include non-consensual penetration using non-
sexual objects, as well as non-penetrative sexual
acts.
17. Penalties for offenses such as rape, assault, and sexual
harassment were increased.
In particular, heavier sentences were declared for rapists,
even including the death sentence for particularly
disturbing cases, such as gang rape where the victim was
left in a vegetative state after the crime.
New offenses that are punishable by law were introduced
by the amendment as well. These include, but are not
limited to:
acid attacks (the act of throwing acid upon a woman with
the intention of disfiguring, maiming, or outright killing her);
stalking;
voyeurism (spying with prurient or indecent interest); and
publicly and forcefully disrobing a woman
18. However, despite the commission’s
recommendations, the amendment failed to
address the issue of marital rape. This
exception basically assumes that marriage
automatically means the woman will always
consent to her husband’s sexual desires.
This ridiculous notion implies that rape
cannot happen within a marriage, when in
fact it does, and even happens quite
frequently to Indian women.