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Marriages in which the people are married forcibly owing to any promises between the parents of the victim or any social compulsion. Domestic Violence is of two types – it is in both the Public and Private spheres.Rapes of women in jails by the police, harassment at workplaces comes under the public sphere of domestic violence and these cases are many times reported.The evil it does is permanent.” – Mahatma Gandhi Millions of people may immediately relate to this quote.
This paper looks into the Domestic Violence scene in India.
It looks into the causes of Domestic Violence, why it is more in India and what is the social status of women in India since prehistoric times.
Traditionally, and specifically in India, men are seen as the breadwinners and earn money and the women stay back at home.
This made the women entirely dependent on men for their finances and gave the men a position to dominate.
But the private sphere cases are the main for which there was a need for a law.
A husband wife relation comes under the private sphere and the cases of domestic violence happening there were unaccounted for and the bulk of the cases of domestic violence happen in homes.All these acts have long lasting effects on the victims as repetitive abuse and taunts plays with their mind and they start thinking that they are the source of problems. Physical abuse is the most common type of domestic violence and it can be done easily by both the genders.Traditionally men are thought to be physically stronger, so in most of the cases, the victims of this type of violence are women. This includes the intentional use of physical force against the other party.Disclaimer: This work has been submitted by a student.This is not an example of the work produced by our Law Essay Writing Service.Sexual abuse includes molestation, forced sex with the spouse or other persons, bondage or other types of sex, looking the victim as a sexual object and asking the victim to do certain acts that the victims finds humiliating, uses other foreign objects during sex, using abusive words like whore, slut for the victim, not respecting the sexual desires, willingness of the victim, asks the victim to undress, stay without clothes in home etc.In this, the abuser makes the victim loose control over all the finances he/she may have.This recommendation came after countries realized that the scope and magnitude of domestic violence is very wide. Since most of the cases of domestic violence are unreported, the exact magnitude of problem cannot be known but the available data in an indicator of the expected magnitude of this universal problem. There are many cultural, economic, legal, political and historical causes for domestic violence.According to United Nation Population Fund Report, around two-third of married Indian women are victims of domestic violence and as many as 70 per cent of married women in India between the age of 15 and 49 are victims of beating, rape or forced sex. Direct costs: Value of goods and services used in treating or preventing violence.At International level, under the United Nations Model Legislation passed by the UN Commission on Human Rights in the year 1996, domestic violence is defined as- ‘All acts of gender-based physical, psychological and sexual abuse by a family member against women in the family, ranging from simple assaults to aggravated physical battery, kidnapping, threats, intimidation, coercion, stalking, humiliating, verbal abuse, forcible or unlawful entry, arson, destruction of property, sexual violence, marital rape, dowry or bride-price related violence, female genital mutilation, violence related to exploitation through prostitution, violence against household workers and attempts to commit such acts shall be termed as ‘domestic violence’.Taking its essence from this definition, the legal definition of domestic violence used in India, mentioned in the Protection of Women from Domestic Violence Act (PWDVA), 2005, is – Section 3- For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it – (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.