SCHOOL OF LAW

SESSION: 2021- 22
SUBJECT: WOMEN and LAW
TOPIC: DOMESTIC VIOLENCE against WOMEN

SUBMITTED TO: SUBMITTED BY:

MS. SHIVANGI SHARMA TAMANNA PASI
ASSISTANT PROFESSOR 200099
MODY UNIVERSITY B.B.AL.L.B 2ND YEAR

1
                                DOMESTIC VIOLENCE AGAINST WOMEN
Author: Tamanna Pasi, Student School of Law at Mody University of Science and
Technology
Date of completion: 28th of April 2022

The purpose of this report is to find out the reason behind the violence against women and also to give
some suggestions which should be included or amended in the legislation enacted for the purpose of
protection of women. The report is based on ground study and social interactions. This report will end
with some suggestions and amendments as per the people's point of view.

I would like to give special thanks to my Subject teacher who has provided me with this interesting and
social interactive project which has helped me in understanding the reality of society. a special thanks to
our Dean Mr. Professor Satish C. Shastri. I would like to give thanks to all those who have helped me in
making this report successfully on time. 

INTRODUCTION

Violence against women has long been a topic of public debate, as has the government's unwillingness to
address it. The high-profile events draw attention to the pervasive but little-understood issue of violence
against women. The Indian public has called for action, yet understanding the scope of the problem and
appropriate solutions remain elusive. Women in India are familiar with domestic abuse and public
intimidation, but statistics are few and inaccurate. The conflict between traditional values and societal
change exacerbates the dilemma. Violence against women is a reflection of the larger culture in which it
occurs. Estimates are critical to any efforts to determine the scale of the problem because official statistics
are incomplete due to systematic underreporting. There are laws protecting women, but they are not
properly implemented. We know the laws in theory, but there is no practical application. Since birth, it
has been suggested that women are destined to suffer. It's a societal problem that every woman will
encounter at some point in her life. A woman is frequently referred to as "Paraya dhan" and is urged to
adjust to any situation she finds herself in. She is subjected to many forms of abuse by her husband and
his family, yet she is nevertheless expected to cope due to societal stigma, fear, and a lack of awareness.

HERE'S WHAT PEOPLE THINK OF THE ISSUE

Various questions were asked to a group of people who were all from different classes of society,
different cultural backgrounds and varied economic strata. The views of the people are as follows:

 Women are meant to adjust. It is her duty to fulfil the desires of her husband and his family.
2
  Women are supposed to be obedient to their husbands. She after all becomes the responsibility of
her husband after marriage and she can make certain sacrifices for the sake of everything done by
her husband.
 Women are ‘paraya dhan’. She is meant to leave her maternal home after marriage. She ought to
make all her decisions according to her husband’s will.
 Before marriage, all the decisions made by women are supposed to comply with the family
conditions. She has no will of her own.
 Being ambitious with dreams, doing jobs, and leading her life is all sin according to our society. A
woman’s job is just to follow the societal norms and cook, take care of the house and family and
stay indoors.
 There is also a notion that everything shall be normal and the heinous crime of domestic violence
after a woman becomes pregnant.
 The association of roles and attributes with two genders, or stereotyping, is referred to as "mental
notion on gender" in common language. This mentality about gender has been biased against
women in our society from the dawn of civilization. What's more, it's important to note that our
social norms and patterns produce this false assignment of roles to males and females.

To better comprehend this concept, consider the following roles and who they are related with:

“S. No. Role Gender with which role is associated

1 Cooking food Females
2 Earning livelihood Males
3 Rearing children Females
4 Household chores Females
5 Studies and career Males

 Similarly, there are specific characteristics that we associate with distinct sexes.

“S. NO. Quality Gender with which such quality is associated

1 Strong Male
2 Dominant Male
3 Tender Female
4 Beautiful Female
5 Emotional Female
6 Sexy Female
7 Laborious Male

3
Therefore, it has to be noted that women have been suppressed and are treated not as humans but merely
property or chattels.

INSTANCES OF DOMESTIC VIOLENCE…

IN CONVERSATION WITH THE VICTIMS

Here are some of the exact quoted words of the situations the victim has faced:

1. “People don’t understand that abusive relationships are also very bipolar because the person
knows that they are harming you so they also tend to be extremely loving and extremely caring in
the moments that you are not fighting because they are trying to balance. They are trying to get
over their guilt. The kind of relationship I have lived with this person, I have not seen it in any
film or read in any book. So, it was something which was absolutely crazy because the fights
started getting so aggressive and so violent that on some days, I thought he would end up killing
me. The moment he slapped me actually, I was stunned, and it was something like that the time
has stopped. He was so sorry about it that he started crying and somehow, he was apologizing to
me and I realized that I was calming him down whereas I was the one who had just got hit and that
became the nature of our relationship. He played the victim no matter what had happened. There
are people in the society who think that a husband cannot rape his wife. Quite a few times, he
would give me rape threats and he would say ‘I’ll get a hundred men to rape you.’ And things like
these were heart wrenching. I don’t understand how rape is a heinous crime and domestic violence
is just okay. Both are non-consensual and painful, then how come the former is a crime and the
latter is something to which a woman should adjust. I remember when he put me on the floor and
kicked me in the stomach. It was so unbearable. I had to survive so I tried to hit him back. He put
me on my bed and he was just kicking on my lower back and it was so painful. Its more than
physically getting hurt, that there is a humiliation that somebody can hit you like that, and they
don’t treat you as humans. This whole stigma of society that a woman should not be alone, she
can be with a monster but not be alone. She can spend her entire life being oppressed by a monster
but she has to live with him no matter what. It was only after this fight became extremely vicious
that I decided to take a lead of my life and face the gruesome situation. I reported him to the
police, my family supported me and now I am trying to live a peaceful life and overcoming the
trauma that I faced.”
2. “I couldn’t tell my brother anything because it was a part of our wedding vows not to tell anybody
what goes on between the two of us. My husband is fifteen years older than me. After about six
weeks of dating, we got married. Within the first month of marriage, I became extremely suicidal

4
 because he used to control everything in my life; what time I wake up, what I eat, what I wear. He
used to control who I can speak to, who I can call over to my house. I was without a phone for
several months. He had made my chew up my sim card. He also made me chew up my ATM card.
He made me delete all my social media accounts and all my email ids so that I couldn’t
communicate with anybody without him knowing. And then ultimately, he would convince me
that whatever he was making me do was for my own good. So, I always thought that it was just
safer to agree with him. Especially because after a few days of conflict, he would suddenly shower
me with affection. He would give me a lot of compliments, he would buy me a lot of gifts, he
would take me out. So, I ended up being really confused and I actually though that he loves me. I
felt really guilty about bad -mouthing him to my brother, so I confessed to him that I called him a
monster. On which he asked me what I would do to make up for it and I replied ‘anything’. So, he
asked me to take my clothes off and asked me to do around 200 sit ups, which he recorded on the
phone; but I could not complete all of it so I begged for mercy. It was Diwali morning and he
decided that there is nothing better than to impregnate me and only this way he could tame me. He
raped me that morning. After several months, I tried to run away from home to try and kill myself
and I was waiting on the roof of a high building to gather the courage to jump off. I thought I
would change my mind If I call him. But he didn’t pick up the call. I rushed back and found the
door to be locked. He wasn’t letting me in. I snuck inside from the balcony. He was surprised to
see me inside the house when he woke up and he got so angry that he started hitting me on my
face, my limbs, my body and I let him hit me because I thought it was all my fault. These fights
were so ugly, he would keep locking me outside the house, not letting me meet my son and what
not. One time when I decided that I am fed up of all of it and moved to my in-law’s place. He
came there and beat me up again. I would have break-downs where I would scream, break things
or hurt myself. He used all of this against me to prove that I was the one creating violence and he
was innocent. This is why I could never report violence. It was one afternoon, that on a silly issue
of not putting salt in food, he beat me so bad that I was hospitalised. I tried to hang myself and it
was extremely painful and the hospital staff intervened before I could finish. It was at this moment
I realized that I shouldn’t have been a mother at 24, but rather than focusing on what should have
been done, I tried to face the reality took responsibility of my child. I separated from him, I
reported his violence and finally I am leading a happy life with my son who has grown to be a
generous good human.”
3. “The time I got married, I devoted myself to my husband. I started learning things which would
make him and his family happy, and to make him happy meant taking his permission for every
small and big thing. Initially, I didn’t notice it but what he was doing was he wasn’t letting me
spend time with my friends and family at all. Whenever I refused to have an intercourse with him,
he would become more violent. There have been nights where I have been slapped and beaten up
5
 because I refused to have an intercourse. I don’t what people would call it when I am crying and
begging that I am not ready for it, I cannot have it, I don’t want to do it but your husband is
forcing him upon you. It was not until my friend supported me and helped me that I could get out
of such a toxic relationship. Now I am pursuing my higher education and trying to get over the
situation and live happily.”
4. One of the victims also wrote a poem that really grabbed the attention of the reporter:
“I get up early, and sleep late, keep my knowledge up to date.
If I want a break, I wait. Till I deserve it
But as hard as I try, to simplify
Keep working or else you’ll cry
The truth is I’d almost die, If I addressed my pain
And when loneliness gets to me, Or I realize that you don’t see
A reason to work things out with me
I focus, focus on making our son laugh
Never letting him feel that he only has half
Keep his progress an accelerating graph
Because I forgive us both.”

WHY DO CASES GO UNREPORTED?

The cases go unreported because of the following reasons:

 Attachment to the abuser on an emotional level.

 Afraid of being rejected or having her words dismissed.
 Fear of more marital strife, which could have a detrimental impact on her children.
 Because of her lack of education and exposure to the outside world, she feels helpless and
unworthy of finding a good career.
 Isolation and a lack of social support are also elements that contribute to women's unrestricted
suffering.
 A woman's ability to raise her voice is further hindered by a lack of suitable and safe lodging
outside of her matrimonial home.
 Lack of awareness and support from the family is also a contributing factor.

THE DOMESTIC VIOLENCE ACT, 2005

1. It got president's assent on 13 September 2005 and came into effect on 26th of October 2006.
6
2. The act describe, "aggrieved person" as ,any women who was or who is in any domestic
relationship with respondent and who has been subjected to domestic violence and "Domestic
relationship" as any relationship between two persons who had been lived together in a shared
household during a particular period of time and "Shared household" as such household in
which aggrieved person and respondent have lived together jointly and "Respondent" respondent
would mean any other member who is or has been lived together with the aggrieved person.  
3. Section 2(g) and section 3 of Domestic violence act talks about domestic violence as any act or
omission or any conduct of the respondent which harms, endangers or injures the safety or health
of the aggrieved person will be known as domestic violence.
4. Jurisdiction: Section 27 of the Domestic violence Act talks about the jurisdiction of the statute.
The complaint is to be filed before the judicial magistrate first class or metropolitan magistrate,
where aggrieved person resides, where respondent resides, where the cause of action arose.
5.  As per section 4 of the act, any person can give the information regarding such acts of domestic
violence to the protection officer.
6. As per section 8 (1) of the domestic violence act any person who has reason to believe an instance
of domestic violence has been inflicted upon her can inform the same to the protection officer. 
7. After the complaint has been lodged to a protection officer, application to the same is to be filled
to the magistrates either by aggrieved person or by someone on behalf of aggrieved person. After
that the magistrate can opt the following two options:
1 under section 14 of the Act, he will arrange a counselling session for the aggrieved person and
respondent,
2. under section 15, the magistrate can take the help of a person preferably a woman for
discharging his functions and such person must be an active participant who is working in the
function of the family welfare. 
1. A magistrate can also pass residence orders under section 19:
1 he can restrain the respondent from disposing or distributing the possession of the aggrieved
persons 
2. can direct respondent to remove himself from the shared household and restrain any of the
relative of the respondent from entering into the premise where aggrieved person resides, 
3. restrain the respondent from renouncing his rights in the shared household, 
4. restraint the respondent from disposing of the shared household.
1. A magistrate can also provide monetary relief, directing the respondent to pay monetary relief to
the aggrieved person for the expenses incurred and losses suffered by her. such relief include loss
of earning, medical expenses, loss suffered due to destruction of any property, maintenance of the
aggrieved person and her children. 

7
The mere enactment of the act does not imply that the issue of domestic violence can be curbed. It is only
possible when a practical impact and implementation is provided.

According to the research, 30% of women had suffered domestic violence at least once since the age of
15, and 4% of pregnant women have encountered spousal abuse throughout their pregnancy. This is
solely the information from the cases that have been brought up. There are still a lot of cases that haven't
been reported yet. The first reason is that there is a social stigma attached to it. People believe it is the girl
child's job to protect her family's name and honour because the victim is invariably a female. This
thinking makes it difficult for the girl to disclose a case of domestic violence. The absence of awareness
campaigns is the second factor. Domestic violence is frequent in communities where people are unaware
of their rights and the laws that govern them. As a result, the instances are not reported. If a woman
reports a case, she must withdraw it herself owing to a lack of support from the administration and a lack
of funds. It is also claimed that law is ineffective if those who are particularly affected or benefit from it
are unaware of it.

SUGGESTIONS PROVIDED BY THE GENERAL PUBLIC

 Domestic violence should not be gender specific, according to the first option, because males are
also victims of domestic abuse.
 The government should also give funds for the awareness programme on a timely basis, and the
public should be notified about any law before it takes effect.
 Domestic abuse should be punished with a fine commensurate with the severity of the offence.
 If a woman is repeatedly subjected to domestic abuse (mental or emotional) and reports the
incident too late, she should first be treated and rehabilitated before proceeding with the lawsuit.
 There should be procedures in place to prevent the misuse of the law, allowing the innocent
individual to be saved.

CONCLUSION

Millions of women worldwide, from all socioeconomic and educational backgrounds, are affected by
violence. It crosses across cultural and religious lines, preventing women from fully participating in
society. Domestic violence has a physical and psychological impact on women, making it difficult for
them to live a normal life. One of the most common causes of violence against women is a male-
dominated Indian society. Women's crimes affect families and communities for centuries, and they
promote other societal ills. At all levels of society, the definition of gender and sexuality, as well as the
power balance between men and women, must be reconsidered. Trying to combat violence against
women necessitates rethinking how society expresses gender norms and power interactions. It has been
8
observed that the legislation should be amended to reflect the present state of the country and that the
guilty should be punished correspondingly. Because there is such a significant risk of this law being
abused, it should include certain protections that prevent it from being abused. Furthermore, the act
should be gender agnostic. At the very least, the legislation's beneficiaries should be informed of it so that
they can assert their rights against the relevant authorities. It is high time that women should be given
back the possession of the rights they naturally own and that are bestowed on them by the holy Indian
Constitution.