DOMESTIC VIOLENCE AND DOWRY DEATH Made by Shambhavi

DOMESTIC VIOLENCE AND DOWRY DEATH Made by: Shambhavi Kant

INTRODUCTION • In a recent report “ home” has been termed as the most dangerous place for women. • Domestic violence or intimate partner violence is the most common act of violence that happens against women • It not only affect the victims physically but also damages their mental health severely. • Many women who are in abusive relationships don’t report such incidents • Gender inequality and toxic patriarchy that still exist give rise to such incidents of violence

DOMESTIC VIOLENCE • Domestic violence can take various forms. • It 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. • It not only affect the victims who face these acts but also hamper the growth and mental development of the children who witness these acts of violence. • It is a blatant violation of human rights. • The perpetrators are often under the disbelief that their acts are justified and they have committed no wrong. • Women who are completely dependant on their partners are more likely to face these acts of violence. • Most of the incidents of domestic violence are not even reported as many victims either don’t have the means to seek help or not aware about the rights and measures available to them,

FORMS OF DOMESTIC VIOLENCE Physical Abuse • Physical abuse is that involving contact intended to cause fear, pain, injury, other physical suffering or bodily harm • Physical violence can be the culmination of other abusive behavior, such as threats, intimidation, and restriction of victim self-determination through isolation, manipulation and other limitations of personal freedom Sexual Abuse • Any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, using coercion • Intimate partner sexual violence is defined by any unwanted sexual contact or activity by an intimate partner in order to control an individual through fear, threats, or violence • Marital rape is the act of sexual intercourse with one's spouse without the spouse's consent. • The lack of consent is the essential element and need not involve physical violence

Economic Abuse • Economic abuse (or financial abuse) is a form of abuse when one intimate partner has control over the other partner's access to economic resources. • Economic abuse diminishes the victim's capacity to support themselves, increasing dependence on the perpetrator. Emotional / Mental Abuse • Such behaviors include continuous degradation, intimidation and manipulation • Insulting or criticizing to undermine the victim’s self-confidence. This includes public humiliation • Threatening or accusing, either directly or indirectly, with intention to cause emotional or physical harm or loss

EFFECT OF DOMESTIC VIOLENCE ON THE VICTIMS Impact On Mental Health • Post-traumatic stress disorder Impact On Physical Health (PTSD), • including flashbacks, nightmares, severe immediate physical effects of domestic violence include Bruises anxiety, and uncontrollable thoughts • Sprained or broken bones. • Depression, including prolonged sadness • Chronic fatigue • Anxiety • Shortness of breath • Low self-esteem and questioning sense of self • Muscle tension • Suicidal thoughts or attempts. • Involuntary shaking • Changes in eating and sleeping patterns • Sexual dysfunction • Unwanted pregnancies

EFFECT OF DOMESTIC VIOLENCE ON CHILDREN Ø Children who witness domestic violence or are victims of abuse themselves are at serious risk for long-term physical and mental health problems. Children are at an increased risk for emotional behavioral problems. It also includes: • Anxiety • Depression • Academic problems • Fearful Ø children who witness domestic violence and other adversities are substantially more likely to smoke, misuse alcohol and drugs. Ø The single best predictor of children becoming either perpetrators or victims of domestic violence later in life is whether or not they grow up in a home where there is domestic violence. There is a strong likelihood that this will become a continuing cycle of violence for the next generation.

RISE IN DOMESTICE VIOLENCE DURING THE COVID 19 PANDEMIC • It has been observed that during any crisis, cases of violence against women increase and the same is happening in this raging pandemic. • The COVID-related stress of lockdowns, job losses and other limitations is worsening an already abusive situation. • The world has observed a spike in cases of domestic abuse, during the pandemic. • Economic stress, loss of jobs and being trapped with the abusers have lead to a rise in the cases of violence against women. • Even though many countries have noticed spikes in domestic violence reports, but it is very low as compared to the actual number of incidents that happen because most of the cases are not even reported. • After the lockdown and isolation, most women are not able to report such crimes as they are locked at their women with their abusers.

DOWRY DEATH • Dowry is the transfer of parental property, gifts, or money at the time of a daughter’s marriage. • The dowry system can put great financial burden on the bride's family. • Various instances have been reported where the dowry system has lead to crime against women, ranging from physical or mental abuse and injury to even deaths. • Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry.

DOWRY PROHIBITION ACT, 1961 • It is an act enacted by the Indian parliament. • It prohibits the giving or taking of dowry. • The act defines dowry, provides punishments and penalties that are inflected upon a person if found guilty for giving or taking dowry or abets the giving or taking of dowry. • If any person gives or takes or forces to take dowry, he shall be punishable with imprisonment for a term of not less than five years and fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more. • If any person demands any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to ten thousand rupees. • Any contract made for giving or taking dowry is void.

CRIMINAL STATUTES Section 304 B Of The Indian Penal Code, 1860 • it made dowry death a specific offence punishable with a minimum sentence of imprisonment for 7 years and a maximum imprisonment for life. • It provided that if the death of a woman is caused by burns or bodily injury or occurs in suspicious circumstances within 7 years of her marriage, and there's evidence to show that before her death, she was subjected to cruelty by her husband or his relative regarding the demand for dowry, then the husband or the relative shall be deemed to have caused her death. Section 498 A Of The Indian Penal Code, 1860 • cruelty caused to a woman by her husband or any relative of her husband was made punishable with an imprisonment for a term of not less than three years and also with fine

Section 113 A Of the Indian Evidence act, 1872 • Section 113 A provides a presumption of abetment of suicide in case of death of a married woman within a period of seven years of her marriage. ( cruelty of women by husband or his relatives) Section 113 B Of The Indian Evidence Act, 1872 • Sec 113 B creates an additional presumption of dowry death when it is shown that before her death, the woman had been subjected to cruelty on account of dowry demand.

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 • It is an Act of the Parliament of India enacted to protect women from domestic violence. • It came into force on 26 October 2006 • The act defines domestic violence and includes not only physical abuse but all the other forms of abuse( sexual, emotional, mental and economical). • Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this act. • • The scope of the act is very wide. It not only provides protection to the wife or female live-in partner but also to women living in a household such as sisters, widows or mothers. • This act is not meant to be enforced criminally.

CONCLUSION • Even in the present modern days, the acts of domestic violence or intimate partner violence are happening. Both men and women face such abused but mostly the victims are female. It is a violation of human rights and a form of discrimination against women. After the outbreak of COVID 19, these incidents are rising at an alarmingly high rate. It shows that even though various measures have been taken in the past, they are still not enough to ensure the safety and wellbeing of women. In these trying times, there is a need to take new initiatives and steps to ensure that women. It can be ensured by creating awareness, making women self sufficient, initiatives for employments etc.

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