Men and women in a house are often said to be the wheels of the car which carries the household further. While a house is meant to be a safe space, sometimes, it is a source of humiliation. The Protection of Women from Domestic Violence Act, 2005 is the law in India which recognizes domestic violence against women. It further specifies and defines the various types of domestic violence against women. Violence is not just bodily cruelty when one person beats another. There are other kinds of behaviors as well which shatter the body and the soul. Hereunder, we have explained the domestic violence committed against women in India.
Aggrieved Person in DV Act
Before understanding the various types of domestic violence against women in India, it is inevitable to know who is recognized as an aggrieved under the Act. As per Section 2(a) of the Domestic Violence Act, an aggrieved person is a woman in domestic relationship with the respondent. Such a domestic relationship could be a current affair, or may have happened in the past. Such an aggrieved woman should have alleged to have been subjected to domestic violence by the respondent.
It may be noted that the aggrieved person can only be a woman as per domestic violence laws. However, the respondent, who is alleged to have committed domestic violence, is not specified. Hence, it can be a man or a woman against whom allegations of domestic violence can be made.
Section 3 of the Domestic Violence Act
If we talk about the various types of domestic violence against women in India, as contemplated in the DV Act 2005, Section 3 of the Act is the key. The provision specifies which act or omission, commission or conduct, constitutes domestic violence. The different domestic violence types have been covered below:
Types of Domestic Violence against Women
Physical Abuse
As per Section 3(d)(i) of the Act, it means “any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force”. What can be interpreted from this definition is that physical abuse includes harm to the body. Any kind of assault, intimidation or force used against a person, which may have caused bodily pain or danger to her life is concluded as physical abuse. In a domestic setup, nobody should be feared of bodily injuries. Home is supposed to be a safe space, and any such physical violence entitles the aggrieved to relief under the Domestic Violence Act.
Sexual Abuse
Section 3(d)(ii) defines sexual abuse as “any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman”. In other words, any sexual act which results in abuse, humiliation, degradation or violation of the dignity of a woman entitles the aggrieved woman to relief. Sexual relations are meant to foster loving relations. Any kind of force in the name of bodily desires should not be tolerated. Whether in marital relations, live-in partners, or otherwise, sexual abuse directly attacks the dignity of being a woman.
Verbal and Emotional Abuse
Words hold greater power. While they do not affect the body, they directly affect the soul. The term verbal denotes the words said or conveyed. On the other hand, emotional means something affecting the emotions. As per Section 3(d)(iii) defines verbal and emotional abuse. It includes “insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and repeated threats to cause physical pain to any person in whom the aggrieved person is interested.” What can be construed from the definition is any kind of words said against a woman for not having a child, or particularly a male child, is an abuse. It further includes repeated threats of causing pain to the body of the woman or someone related to her.
Economic Abuse
Section 3(d)(iv) of the Domestic Violence Act delineates economic abuse. The same has been covered in the three pointers listed below:
- “deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited;”
Comments: It means depriving a woman of money related resources which she is entitled to by law or customs is economic abuse. Such entitlement may come through a Court order or otherwise, which constitutes a necessity of the aggrieved woman.
- “disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and”
Comments: If the aggrieved woman is entitled to use, or requires any valuables/shares/securities/property or stridhan etc., any disposal or alienation of such household effects constitutes economic abuse against the woman. Such an action entitles the woman to seek relief under the Domestic Violence Act, 2005.
- “prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.”
Comments: A domestic relationship in a shared household is meant to be a home where there is laughter, members roaming around freely from one room to another, where most of the things are shared, owned by all. When a woman is restricted from continued access to any such resources or facilities which she is otherwise entitled to, she can seek relief under the DV Act.
Conclusion
By now, the various types of domestic violence against women in India are understood. We know what kind of behavior constitutes domestic violence. Hence, we can say that women in a domestic setup should not be abused in any manner. Nobody should raise their hand against the women in the house, or make her fear for her body. She should not be insulted, and no words should be used to belittle her. Sexual relations should not be a punishment for the woman. Regardless of whether she is the earning member or not, she should not be economically abused.
