DOMESTIC VIOLENCE

Domestic violence against women is not a new concept in society. It means intimate partner
violence which includes physical, verbal, sexual, and economic abuse. According to the
world health organization, one in every three women experienced physical or sexual violence
in their lifetime, and 30% of women experienced physical and sexual violence from their
partners. Women are facing violence from men, which affects their mental health and
physical health. In India, women feel unsafe in the marital home. It is because the patriarchal
society doesn’t give enough opportunities to women. They are facing violence from
husbands, their in-laws, or others. Most of the domestic violence cases don’t report by the
woman because of orthodox society and norms. Many women experience various kinds of
domestic violence, but they don’t respond to it. Although the countries had adopted a
mechanism through which women can file domestic violence complaints against their
husbands, they are still not reporting the incidents.
Types of Domestic Violence
1. Physical violence
It means that the perpetrator uses force against the victim, which causes injury and hurt. The
general definition of physical violence is that an act or conduct causing bodily pain, harm, or
danger to life, limb, or health—for example, slapping, criminal force, and assault, etc. It also
includes sleep deprivation, forced to take drugs or alcohol, deny medical care by their
husbands. According to World Health Organisation, 38% of females are murdered by their
intimate partners. During pregnancy, women are facing a lot of physical violence in India.

2. Emotional abuse
According to the Istanbul convention, psychological violence means the intentional conduct
of seriously impairing a person’s psychological integrity through coercion or threat. It
includes threats, criticism, separation, public modification, steady personal devolution,
controlling behaviour, harassment, verbal abuse, etc. Due to the emotional abuse, women
face anxiety, fear, emotional distress, depression, suicidal thoughts, eating disorders, etc.

3. Sexual assault
According to the world health organization, it means a sexual act, an attempt to obtain a
sexual act, and wanted a sexual comment. It includes sexual/reproductive coercion, marital
rape, sexual touching or non-physical events, etc.

4. Economic abuse
Economic abuse is also called financial abuse. It means one partner has control over the other
partner’s access to economic resources. During this lockdown, women face economic abuse
because they lost their jobs and increased their dependency on the perpetrator’s income. It
includes exploiting the resources of victims (valuable things, money, pension books, etc.),
forcing or pressurizing the family members of the victims to sell the properties, preventing
the victims from obtaining education, etc.
Consequences of Domestic Violence

Many consequences of domestic violence affect the mental health of the victim.

a. A physical effect like broken bones, head injuries, internal bleeding, and bruises requires
medical care. Pregnant women who are victims of domestic violence have experienced a
more significant risk of miscarriage, death of the foetus, pre-term labor pain, etc.

b. Psychological effects include a high amount of stress, fear, anxiety, depression, suicidal
thoughts, Post-traumatic stress order, etc.

National and International Laws on Domestic Violence---Domestic violence has been

discussed by members of the UN Charter (1945) and the Universal Declaration on human
rights (1948). These documents have given various human rights to women and men.

INDIA:
The Constitution of India has given various rights to its citizens like the right to equality
under article 14, prohibition of discrimination on the ground of religion, race, caste, sex, or
place of birth under article 15, the state shall make special provisions for women and children
under article 15(3), right to life under article 21, etc.

The legislature enacted the Protection of Women from Domestic Violence Act, 2005, for
protecting women from domestic abuse. Domestic abuse includes physical, verbal, emotional,
sexual, or economic abuse. The aggrieved party women can file the complaint of domestic
violence under this act. The magistrate can pass the protection orders, residence orders, and
compensation orders in favour of the victims.

USA:
In 1983, the US had recognized domestic violence as the worst problem among spouses. It
affects the rights and mental health of the female section.

Congress had passed the violence against women act in 1994. In this act, domestic violence is
a national crime. The majority of the crime will handle by the state and local authorities, and
this federal law will help them while taking the domestic violence cases. The court can pass
the restitution orders to pay the victim’s losses. The accused will pay the cost for medical or
psychological care, transportation, physical therapy, temporary housing, childcare expenses,
attorney fees, expenditure incurred in obtaining a civil protection order, income loss of the
victim, and other losses suffered by the victim.

UK:
The Parliament passed the Domestic Violence, Crime and Victims Act 2004. It gives legal
protection and assistance to the victims of the crime, especially domestic violence. Recently
Domestic Abuse Act 2021 was passed by parliament to protect the rights of the victim of
domestic violence. According to this act, domestic abuse includes abusive behaviour,
physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour,
economic abuse, psychological abuse, etc.

Role of the judiciary for protecting the rights of women from Domestic Violence in
India

The constitution of India has given many powers to the supreme court, high courts, and
district court to protect the rights of the people.

 In S.R. Batra vs. Smt. Taruna Batra, the court held that the wife is only entitled
to claim residence in a shared household. The shared home means the house
belonging to the husband, or taken on rent by the husband, joint family property in
which the husband is the member of that family.
 In Krishna Bhatacharjee v. Sarathi Choudhury and Another, Supreme Court
said that there are some duties or principles followed by the courts while deciding
the domestic violence case.
 In Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel and Ors., the court said
that the husband has a personal obligation to maintain his wife.
 In V.D Bhanot vs. Savita Bhanot, the Delhi High Court said that even the wife
who had shared a household before the domestic violence act came into force
would be entitled to protect the domestic violence act.
 In Indira Sarma vs. VKV Sarma, the Supreme Court said that not all live-in
relationships are the relationships in the nature of marriage. For testing the concept
of a live-in relationship, courts see the duration of relationship, shared household,
domestic arrangements, polling of resources and financial arrangements, sexual
relationship, intention, and conduct of the parties, and socialization in public.
Suggestions ---
Society has to understand the importance of the female section. Females have their
fundamental rights, which has given by the constitution. The community should have to
provide opportunities for women to participate in other work also.
Government should have started a check and balance mechanism to see the proper
implementations of laws.
Government should make policies and shelter for the victims of domestic violence.
Government should ban those daily soaps which are showing the negative characters of
women.
Government and NGOs should also participate in awareness programs like gathering for
discussing the laws and policies, talk about how to tackle the domestic violence situations,
counselling on mental and physical health, etc.
Lawyers and judges are the interpreters of laws. So they should do awareness camps in rural
areas to discuss the rules and cures of domestic violence.

POLITICAL GRAFT-
GRAFT - is the acquisition of gain or advantage through abuse or misuse of one‘s position or
influence, whether in politics, business or any other undertaking. It is an act performed by a
civil
servant or a group of civil servants, acting alone by himself or by themselves, without
involving any
person outside the bureaucracy or jeopardizing the performance of duties by another
bureaucrat. - It
refers to the acquisition of gain in dishonest or questionable manne
GRAFT - is the acquisition of gain or advantage through abuse or misuse of one‘s position or
influence, whether in politics, business or any other undertaking. It is an act performed by a
civil servant or a group of civil servants, acting alone by himself or by themselves, without
involving any person outside the bureaucracy or jeopardizing the performance of duties by
another bureaucrat. - It refers to the acquisition of gain in dishonest or questionable manne.

Political corruption in India

India was considered one of the most promising giants developing markets during the 2000s,
due to its expanding economy. However, in 2012, the country’s fast-paced development
slowed to a decade low, with many analysts blaming chronic corruption, including a series of
scandals under previous Prime Minister, Manmohan Singh for the decline. Political
corruption is most severe in India. The main issue of concern is that corruption is
undermining the political body and severely undermining the supremacy of the law that
governs society. Small-time politicians establish regional caste-based parties in the same way
as businessmen launch businesses to acquire power. Many of these political leaders lead a life
that would even make any Hollywood star envious.

Politics nowadays is just for criminals, and criminals are destined to be politicians. Elections
have been directly linked with a slew of illegal activities in various regions of the country.
Corruption revenues eventually find their way into political campaign financing. To the point
where the National Commission to Review the Working of the Constitution
(NCRWC) constituted in 2000 observed that electoral compulsions for funding had formed
the cornerstone of the whole corruption system.
Major corruption events that took place in the last 10 years
In Transparency International’s Corruption Perception Index, India was placed 86th out of
179 countries in 2020. India’s highest ranking to date is 72nd that too in 2007, the year the
report was first released. Several high-profile scandals have also highlighted the severity of
the matter. Some of the most notorious instances of political corruption include the following:

Indian coal allocation scam

The coal allocation scam, popularly known as “Coalgate” engulfed the UPA (United
Progressive Alliance) government in 2012, incriminating the former Prime Minister,
Manmohan Singh and dragging top neta-babus into the investigation. Though many believe
that the 2G Spectrum scam is still the largest incident of political corruption in India.
However, in terms of the amount of money involved, this coal allocation scam overshadows
it. During 2004 and 2009, the government of India was accused of assigning 194 coal blocks
to public and private enterprises for captive usage in a fraudulent manner by the Comptroller
and Auditor General of India (CAG).

The underlying premise of this fraud was that the government had improperly allocated coal
reserves without resorting to competitive bidding, which would have resulted in significant
profits for the government (to the tune of 1.86 Lakh crore).

Vyapam scam

The Vyapam scam revolves around the Madhya Pradesh Professional Examination Board
(MPPBP), a government agency in charge of administering 13 different admission exams in
the state, commonly recognized as ‘Vyapam’ (Hindi acronym for Vyavsayik Pareeksha
Mandal). These entrance exams are conducted for government job recruitment and
admittance to educational institutions throughout the state. Politicians, high government
officials, businessmen, and others in Madhya Pradesh were involved in the admissions and
recruitment scam. It included employing imposters to give exams regularly, taking advantage
of exam hall seating, and providing corrupt officials with forged answer sheets. Many of
those responsible for exposing these horrendous revelations — whistleblowers and journalists
— have died in a series of mysterious events. Around 77 lakh people are suspected of paying
bribes to get into colleges and acquire government employment.

Adarsh Housing Society scam

The story erupted from Adarsh Housing Society, a 31-story apartment building in Colaba,
South Mumbai, which was created for the 1999 Kargil war heroes and war widows. The
matter had been in the headlines since 2003, but the inquiry began in 2010, after which the
Army and the CBI commenced separate investigations. Following revelations that politicians,
bureaucrats, and military officials conspired to abuse property ownership rules and other
standards to get flats for themselves and their families.

Several flats in the building, which was initially supposed to be a six-story, were supposedly
acquired at a tenth of the price in 2010 by defence personnel and families of officials and
politicians — but largely listed in the names of proxy owners. The Bombay High Court
ordered the building to be demolished in 2016, stating that it was built unlawfully. The
society took their case to the Supreme Court, which issued a stay on the demolition in 2018.
The Indian army has seized the building after directives from the Supreme Court.

Causes and effects of political corruption in India

Causes

There is no one-size-fits-all explanation for political corruption, and the amount of

corruption, and the forms it takes, vary consistently with the political environment. The
degree and nature of corruption vary depending on the sort of regime under which it occurs.

However, the major cause of political corruption in India can be associated with the elections.
Elections in India are not financed by the government, and winning elections these days
seems to be unrealistic, without spending a hefty amount of money on campaigning.
Additionally, there are no restrictions on the amount of money that may be spent on election
campaigns.

The lack of active use of the Right to Information Act, 2005 by the Indian public encourages
politicians to engage in blatant corruption.

All anti-corruption units are directly controlled by the government, which may explain why
ministers and lawmakers often obtain a free pass by pressuring the anti-corruption units.

Effects

Economic effects

Corruption hampers economic growth by causing significant distortions and inefficiencies.

Corruption raises the cost of doing business in the private sector by increasing the price of
illicit payments and the managerial cost of dealing with authorities. While some argue that
corruption lowers the cost by reducing bureaucracy, the availability of bribes can also lead to
more restrictions and delays. The growth of the public sector is also damaged by corruption,
as public funds get redirected towards capital projects, where bribes and commissions are
easier to come by.
Social effects

Political corruption has considerably more social consequences than economic consequences.
It first and foremost, affects the public’s faith in the government, and it also undermines
democracy’s position. Political instability and armed conflict are likely to occur in such a
country. Furthermore, the judiciary’s inability to prevent instances of political corruption
causes the people to lose trust in the judiciary, which is the most essential component for the
existence of a democracy.

Future ahead and the ways to curb the growing corruption

Corruption is treated by the public as a more serious problem than poverty, unemployment,
rising living costs, and crime. Corruption is a major obstacle to progress and development,
according to economic studies. For tackling corruption, strong political will and dedication
are required, as well as good governance, administrative accountability, procedural
facilitation, and public engagement through public audit committees acting as watchdogs.

Some welcome steps to combat corruption

Right to Information Act, 2005

The Indian government has made a few initiatives to tackle corruption at the federal level.
Citizens can now seek access to any public information under the Right to Information Act,
2005 and if accepted, they will get it within thirty days. The Act has been regarded as a major
milestone in the battle against corruption, as it allows for penalties in any event of
disobedience and mandates officials to digitise data.

Active judiciary
A more proactive judiciary has also adopted a tougher stance against corruption, with the
Supreme Court ordering all trial courts in the country to expedite corruption cases in early
2011. The present Indian government has also adopted a tough position on the issue of
corruption, resulting in the implementation of various legislative measures aimed at
combating it, including the formation of an independent ombudsman (the Lokpal) to
investigate and prosecute incidents of public officials’ malpractice (including Ministers), the
legislation regulating Benami property transactions is being expanded.

The british prison system

TYPES OF PRISON AND PRISONERS
The prison system is managed by Her Majesty's Prison and Probation Service (HMPPS),
overseen by the Ministry of Justice. There are also other types of detention facilities, such as
Immigration Removal Centres run by the Home Office.
Prisons are divided into categories of security. When someone enters the system, they will
usually initially be sent to a LOCAL PRISON. These are where a defendant will be
assessed, usually local to the area of the court where their trial is held.

Once a person with a conviction has been sentenced, they will normally be sent to
a DISPERSAL PRISON, where the sentence will be served.

They are assigned to a security category based on how likely they might be to try and escape,
the risk to the public if they were successful, and whether they might pose any threat to the
control and stability of a prison (for example, through violence). People in prison can then
progress through these security categories towards ‘open’ prisons over the course of their
sentence.

Treatment of women
Female prisoners are found to have an even tougher time than their male counterparts but not
only that, there seems to be more of an issue of concern in containing riots among women in
prison and keeping them in line. Present day penitentiaries for women convicts have changed
comparatively from a historically concept. In the nineteenth century, women were
imprisoned with male convicts, not separately and history shows that it wasn’t until 1896
when a female prison was finally constructed (Dodge 1999). Once a female prison was
established, the brutality that women had been subjected to in the male prisons was erased but
there still remained harsh penal punishments for any in fractures of women convicts. Back in
this time era it was evident that prison reformers were not so much concerned with providing
humane treatment to the inmates as they were in keeping a firm grasp on maintaining social
order and cruel disciplining procedures. The main objectives of prisons then was totally
humiliate prisoners by any means necessary, rather than to consider any humane type of
rehabilitation to possibly conform them to law abiding citizens.

Present Day Conditions

Prisons in Britain still hold some of these same characteristics for women and men
and the truth of the matter is, again, prison is for the application of deterring crime so
therefore, of course there are going to be many incidents of sporadic violence because there is
a vast array of problems and prison reformers have to enforce order and correct deviant
behaviour. Also, the offenders have to be aware that their crime is going to be punished and
to some degree they also have to realize that they should not expect prison to be a place
where they will not be up against severe conditions. If a person is going to commit a crime
they should have to suffer, according to the majority of the British civilians. Prison life in this
era might not be a bitterly cold but it still is not a joy ride.
There are four different categorizations that determine the conduct and behaviours of
prisoners and these are listed in the following outline.
 If the inmate is found with staff or other personal belongings that don’t belong to
them, this is considered to be a negative strict against them
 Failing to follow the rules and follow a work routine as instructed to do so is
considered deviant
 Being unsanitary, messy, lending personal items to other inmates for profit, and self
mutilation activities are considered to be adverse behaviours as well
 Drug usage and distribution
 Offending another inmate either verbally or physically

In concluding, it is evident that looking back through past years up to present day the British
prison system has gone through some very radical changes and it still is the fairness in which
the officials treat prisoners is taking a turn and the various program strategies that once
seemed fruitless in offering positive reform is now working effectively to minimize adverse
behaviours and to correctly implement the right attitudes to function correctly in society.

Bio-physical factors and criminology—

Introduction-
Biological theories of crime asserted a linkage between certain biological conditions and an
increased tendency to engage in criminal behaviour. In the 1890s great interest, as well as
controversy, was generated by the biological theory of the Italian criminologist Cesare
Lombroso, whose investigations of the skulls and facial features of criminals led him to the
hypothesis that serious or persistent criminality was associated with atavism, or the reversion
to a primitive stage of human development. In the mid-20th century, William Sheldon won
considerable support for his theory that criminal behaviour was more common among
muscular, athletic persons (mesomorphs) than among tall, thin persons (ectomorphs) or soft,
rounded individuals (endomorphs).
Lombroso theory-Atavism