Domestic Violence: Meaning, Types and Landmark Judgements

What is Domestic Violence?

Domestic violence refers to a pattern of behavior in which one partner in an intimate relationship seeks to exert power and control over the other partner through various forms of abuse, including physical, emotional, psychological, sexual, or financial abuse. Domestic abuse or violence happens when one person in a relationship hurts or harms their partner on purpose. It’s not just hitting or pushing; it can also include things like making the other person feel bad about themselves or controlling their money. Domestic violence is about one person trying to have power and control over the other, often making them feel scared or trapped. It can happen to anyone, but it’s often kept secret because the person being hurt may feel ashamed or afraid to speak up. Understanding domestic violence is important so we can help people who are going through it and work together to stop it from happening.

Key Takeaways

• Domestic violence isn’t just hitting, it can also be hurting someone emotionally, financially, or sexually.
• It’s not something to keep secret, domestic violence is against human rights and needs to be taken seriously by everyone.
• If someone is being hurt at home, they can get help from hotlines, shelters, and other support services.
• It can happen to anyone; women, men, young, and old aged people.
• We all need to speak up, help those who are hurt, and work together to stop domestic violence and make our communities safer for everyone.

Types of Domestic Violence

1. Physical Abuse: Physical abuse is when someone hurts another person’s body. This can be hitting, kicking, or using things to hurt them. For example, if a husband hits his wife and leaves bruises on her, that’s physical abuse. It’s not just about the pain from the hits; it also makes the person feel scared and trapped.

2. Emotional Abuse: Emotional abuse is when someone says or does things to make another person feel bad about themselves. This could be calling them names, threatening them, or controlling what they do. For example, if a partner constantly tells their spouse they’re worthless and can’t do anything right, that’s emotional abuse. It hurts the person’s feelings and makes them feel small and helpless. Emotional abuse can be hard to see because there are no physical bruises, but it still causes a lot of pain and damage.

3. Sexual Abuse: Sexual abuse involves coercing or forcing a partner to engage in sexual activities without their consent. This can include rape, unwanted touching, sexual humiliation, or using sex as a tool for manipulation or control. For example, if one partner pressures the other into engaging in sexual acts against their will or refuses to use protection despite the other partner’s objections, it constitutes sexual abuse.

4. Financial Abuse: Financial abuse occurs when one partner controls or exploits the other partner’s financial resources, restricting their access to money or using money as a means of control. This can include withholding money for basic needs, preventing the victim from working or accessing their own finances, or excessively monitoring and criticizing their spending habits. For example, if one partner takes control of all the finances in the relationship, leaving the other partner without any financial autonomy or means to support themselves, it constitutes financial abuse.

Landmark Judgement: Domestic Violence Act, 2005

• One landmark case law related to domestic violence is “Indira Jaising v. Supreme Court of India and Another” (2010). This case is significant because it led to the expansion of the definition of “aggrieved person” under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) in India.
• In this case, the petitioner, Indira Jaising, a senior advocate and prominent women’s rights activist, challenged the constitutionality of Section 2(q) of the PWDVA, which defined an “aggrieved person” as any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by him.
• Indira Jaising argued that the definition of “aggrieved person” under the PWDVA was discriminatory and violated the principles of equality and non-discrimination enshrined in the Indian Constitution. She contended that the term “aggrieved person” should be interpreted in a gender-neutral manner to include not only women but also men and transgender individuals who may be victims of domestic violence.
• The Supreme Court of India, in its judgment, agreed with the petitioner’s arguments and held that the term “aggrieved person” under the PWDVA should be interpreted in a gender-neutral manner to include not only women but also men and transgender individuals. The Court emphasized the need for a broad and inclusive interpretation to ensure that victims of domestic violence, irrespective of gender identity, are provided with legal protection and access to remedies under the PWDVA.
• This landmark judgment expanded the scope of protection under the PWDVA and affirmed the rights of all individuals, regardless of gender, to be free from domestic violence. It marked a significant step towards recognizing and addressing domestic violence as a human rights issue affecting individuals of all genders.

International Legal Framework

1. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): CEDAW is an important agreement from the United Nations that aims to make sure women and girls are treated fairly and equally. It says that violence against women is wrong and against their rights. Countries that sign this agreement promise to make laws and programs to stop violence against women, including in their homes. They also agree to help victims and punish people who hurt women.

2. United Nations Declarations: The UN has made declarations that say everyone has the right to be safe and treated fairly, especially women and girls. These declarations tell countries that they should work to stop all kinds of violence against women, including violence in families. They also say that women and girls should have the same rights as men and boys.

3. United Nations Security Council Resolutions: The UN Security Council, which deals with important global issues like wars and peace, has talked about domestic violence too. They’ve said that stopping violence against women, including in families, is important for keeping peace. They also talk about how wars can make violence against women worse and say countries should do more to protect women during wars.

4. International Human Rights Mechanisms: There are groups and processes in the UN that make sure countries are following the rules about treating people fairly. For example, there’s a group that watches to make sure countries are following CEDAW. There are also special people who look into specific issues, like violence against women, and tell the UN how bad the problem is and what needs to be done.

Conclusion

In conclusion, the international rules about domestic violence are really important for keeping women safe and making sure they’re treated fairly. These rules tell countries what they need to do to stop violence against women, especially in their homes. By following these rules and working together, we can make sure that women and girls everywhere can live without being scared or hurt by the people who are supposed to care for them. It’s all about making the world a safer and fairer place for everyone.

Domestic Violence- FAQs

What are the signs of domestic violence?

Signs can include bruises, changes in behavior, and controlling actions from a partner.

How can I help someone I suspect is experiencing domestic violence?

Be supportive, listen without judging, and encourage them to seek help from hotlines or local services.

What should I do if I’m experiencing domestic violence?

Reach out to someone you trust, consider calling emergency services, and seek help from shelters or hotlines.

Can men be victims of domestic violence too?

Yes, anyone can be a victim, regardless of gender. All victims deserve support and resources.

What legal options are available for victims of domestic violence?

Legal options include restraining orders, divorce, custody arrangements, and support services, like counseling and shelters.

References:

• LEGAL STUDIES NCERT- Class XI
• National Commission for Women
• Ministry of Women & Child Development

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.