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 No Safe Haven
Almost half of India’s women are victims of domestic violence
The phrase ‘home fires burning’ could be interpreted differently in India to mean something far more literal and sinister. In a society steeped in traditions that privilege the male gender at the cost of the women, domestic violence is perhaps a natural by-product and its forms are varied and gruesome. As a result, home is one of the least safe places for many women in the country.
Domestic violence cuts across class, class, caste, religion and economic status. Over 40% of Indian women have experienced domestic violence at some point in their married lives, and nearly 55% think that spousal abuse is warranted in several circumstances, according to the third National Family Health Survey (NFHS-III) released last month.
Apart from physical violence or mental abuse, domestic violence takes on other more hideous faces. Female foeticide (the killing of girl babies in the womb) has assumed such horrific proportions in some states that there are entire villages without a female population. This leads to sexual slavery. Women are bought from other places for marriage and made to service several men in one family because the family cannot afford to buy more than one girl. The United Nations Population Fund (UNFPA) recently referred to this as the ‘Draupadi’ phenomenon. Dowry continues to be a common cause of domestic violence, leading to death in many cases and sexual trafficking of girls and women is common and driven by economic factors.
Attitudes and Impact
Domestic violence affects women and children in a family in devastating ways. Victims are crippled by shame and fear and face severe lack of self-esteem and identity. They are prone to thoughts of suicide; many actually attempt it. This is not surprising considering the fact that most women receive little or no support from family in a culture which frowns upon divorce. A recent study conducted by a woman’s group found that only 17% of abused women said their parents supported them after they were thrown out of the house by their abusive husbands or in-laws. Even more disturbingly, 60% of the women surveyed said they looked to their children for support against the violence; in the process, 17% of children ended up becoming human shields.
Unfortunately, social perceptions of what constitutes ‘domestic violence’ continue to be misguided and erroneous. Mental abuse is not considered violence by many people and even physical violence is dismissed as ‘normal’ or a ‘private matter’. In October 2007, India’s third National Family Health Survey (NFHS-III) found that 41% of women thought that husbands were justified in slapping their wives if the latter showed disrespect to their in-laws. Meanwhile, a substantial 35% of women thought they deserved a brutal beating at the hands of their spouses if they neglected doing the household chores or looking after their children. It is unsurprising that nearly 51% of the 75,000 Indian men surveyed think hitting or beating their wives is acceptable for certain reasons, particularly if she disrespects her in-laws. A smaller number think bad cooking or refusing sex are reasons for physically assaulting their wives.
Legal Measures
The new law on domestic violence called ‘The Protection of Women from Domestic Violence Act (2005)’ which came into effect about a year ago was welcomed as a landmark by women’s rights workers. Not only has the scope of the term ‘domestic violence’ been enlarged to include all forms of physical, sexual, verbal, emotional and economic abuse that can ‘harm, cause injury to, endanger the health, safety, life, limb or well-being, either mental or physical of the aggrieved person’, but the definition of the ‘aggrieved person’ has also been widened. Apart from the wife, the Act also covers a woman who is the sexual partner of the male irrespective of whether she is his legal wife or not. The daughter, mother, sister, child (male or female), widowed relative, in fact, any woman residing in the household who is related in some way to the respondent can complain under the purview of this Act.
The Act also provides for the woman’s immediate needs of protection from violence and violation of human rights and with remedies such as monetary help, residence orders, and protection from violence or compensation. This comprehensive law comes as a boon to many women because until 2005, remedies available to a victim of domestic violence were limited. There was no emergency relief available to the victim and the victim was invariably at the mercy of the abuser during the protracted court proceedings.
However, challenges remain in terms of effective implementation. According to a study conducted by a civil society organisation called Lawyers Collective in October 2007, around 10,000 cases were filed under the new Act in its first year in existence but most states are still lagging behind when it comes to implementation. For example, Section 8 of the law provides for Protection Officers who will monitor cases and ensure that victims get legal aid, medical services, safe shelter and other required assistance. Most states have appointed protection officers but, except for Delhi and Andhra Pradesh, none of the appointments have been made on a full-time basis, the study pointed out.
Service Providers are another crucial cog in the implementation wheel. According to the Act, any private organisation recognised under the Companies Act/Societies Registration Act can register with the state government as a service provider. The service provider records the Domestic Incident Report and ensures that the victim is medically examined. Among other things, they are responsible for ensuring that the aggrieved person is provided accommodation in a shelter home if she needs. Again, the study pointed out that only five states have registered service providers and only 12 have notified medical facilities and shelters. It is clear that the government needs to strengthen implementation processes for the Act before it can truly be effective.
Sources:
Domestic abuse law: What women need to know, Rediff.com, November 1, 2006
NFHS-III: 40% of Indian women face domestic violence, Reuters, October 11, 2007
Skewed sex ratio leads to household sexual slavery in India, Rediff.com, November 28, 2007
10,000 cases filed under India’s new domestic abuse law, Hindustan Times, October 30, 2007
Delhi wives wait 4 yrs before reporting abuse: study, The Hindu, August 15, 2007
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