The Problem of Domestic Violence in India: Advances in Law and The Role of Extra-Legal Institutions
The Problem of Domestic Violence in India: Advances in Law and The Role of Extra-Legal Institutions
The Problem of Domestic Violence in India: Advances in Law and The Role of Extra-Legal Institutions
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Police in the state of Tamil Nadu, India, use a two-tier system in domestic violence
cases. More serious cases, such as dowry deaths and murders resulting from domestic
disputes, are registered in the First Information Report for official police investigation
and filing of charges. All other domestic violence cases are initially registered in a
register called Community Service Register before further investigation. This article
will compare the types of domestic violence cases officially registered by the police
and the cases disposed of informally and will examine how recent domestic violence
legislation affects the role of women police in dealing with domestic violence case.
P olice in India, especially in Tami Nadu, handle domestic violence cases through
different approaches. First Information Report (FIR) cases are generally more
serious domestic violence incidents and include dowry deaths or murders. Dowry is
a problematic social practice that is deeply rooted in India. According to Singh (1981,
p. 1), dowry is a “unilateral transfer of resources by a girl’s family at her marriage to
the groom’s family in recognition of their home permanently.” Almost every day
people hear about the death of a young woman at the hands of her husband or rela-
tives because of her failure to fulfill ever-increasing demands for material goods and
cash by her marital family (Roy, 1996). These cases fall under specific statutes or
laws. For example, the Indian Penal Code (IPC) of 1860 lists serious forms of domes-
tic violence: When dowry deaths (see IPC, Section 304b) are reported to the police,
they are registered in FIR for investigation and filing of charges. All other cases are
considered as petitions and are initially entered into the Community Service Register
(CSR) for inquiry. These cases include cruelty by husbands or relatives, sexual
harassment, family disputes, marital maladjustment, ill treatment, suspicion of adul-
tery, and verbal abuse. Because of sociocultural factors and the sensitive nature of
Authors’ Note: This article was first presented at the Annual Meeting of the Academy of Criminal Justice
Sciences, Seattle, Washington in March 2007.
202
family disputes, police do not immediately initiate legal proceedings against accused
persons. Therefore, all domestic violence–related cases (except dowry deaths) are
referred to the police and assigned CSR numbers. Once CSR inquiry begins, the
police attempt to resolve the dispute through informal mechanisms. If such efforts fail
and the petitioner insists on a criminal case, then the petition is treated as a complaint
and recorded in the FIR for initiating legal proceedings.
This study will discuss the following: (a) various laws that deal with domestic
violence in India; (b) national and state-wide official statistics and trends on crimes
against women; (c) types and volume of domestic violence cases registered at All-
Women Police Stations (AWPSs; staffed by all female police officers) in Tamil Nadu;
(4) disposition of those cases by the police; and (5) how the recent domestic violence
legislation affects women police when dealing with domestic violence cases.
Persistent lobbying by women’s rights groups in the 1970s and 1980s resulted in
the introduction of amendments to the IPC, the Criminal Procedure Code (CrPC),
and the Evidence Act (Pande, 2002). Although women’s organizations with political
affiliations took up the issue of violence against women, autonomous groups, with
their radical and pragmatic approaches, took the initiative in bringing about legal
reforms (Katzenstein, 1989). The first change occurred in 1983 through amendments
to the IPC (Sections 498A and 304B). Section 498A makes it a punishable crime
when a husband and/or his relatives commit cruelty against the bride, which includes
driving a married woman to commit suicide. Singh (1991, p. 49) comments that
suicide due to dowry harassments shows “the hollow social structure” of the Indian
society. According to Section 304B, if an unnatural death of a woman occurs within
7 years of marriage, and if it is shown that she was harassed for dowry prior to her
death, the offender could receive a sentence between 7 years and life imprisonment.
In addition, the Evidence Act shifted the burden of proof in such cases from
prosecution to the accused (Viswanathan, 2000).
The Dowry Prohibition Act (1961, p. 4) defines dowry as “any property or
valuable security given or agreed to be given either directly or indirectly by one
party to a marriage to the other party to the marriage.” The groom’s family seeks
dowry at, before, or after the marriage. The giving or taking of dowry is punishable
by a minimal term of 5 years and a fine of Rs.15,000 (about US$350) or an amount
equivalent to the value of the dowry received, whichever is higher. If presents or
gifts are given to the bride at the time of the marriage by any person related to the
bride that are of customary nature and the value of such gifts is not excessive, then
the court will not consider such gifts as dowry. In addition to punishing those who
receive dowry, the Act punishes any person who demands dowry by imposing 6
months (or more) of imprisonment and a fine of Rs.10,000 (roughly US$250).
Furthermore, offenses under the Act are considered cognizable (felony) and
nonbailable, and the burden of proof rests with the defendant.
More recent legislation, for example, Protection of Women from Domestic
Violence Act (2005) and the Protection of Women from Domestic Violence Rules
(2006), recognizes domestic violence as a human rights issue and provides remedies
under civil law (Arora, 2007a, 2007b). These remedies are intended to protect
women from becoming victims of domestic violence. Under the Act, domestic
violence includes physical, sexual, verbal, emotional, or economic abuse. It also
includes harassment in the form of demanding a dowry from a woman or her
relatives (Arora, 2007a, pp. 3-4).
Statistics published by the National Crime Records Bureau (2006; see Tables 1
and 2) show an increase in crime against women in the years 2004-2005, despite a
decrease in certain specific forms of crime against women. The crimes are broadly
classified into IPC crimes and crimes under Special and Local Laws (SLL). Specific
domestic violence crimes under IPC and SLL are homicides for dowry, dowry
deaths, or their attempts (IPC, Sections 302/304B); mental and physical torture by
husband or relatives (IPC, Section 498A); and offenses under Dowry Prohibition Act
specifically related to domestic violence. Dowry deaths decreased by about 3.4%
(N = 6,787) in 2005, compared to the previous year (N = 7,026). Similarly, offenses
under the Dowry Prohibition Act (1961) decreased by 10.8% (N = 3,204) in 2005.
However, cruelty by husband or relatives increased by 0.3% (N = 58,311) in 2005.
The overall national crime statistics show a grim picture of women’s status in
India. Despite constitutional guarantees of equality and the enactment of special
laws to end discrimination, women continue to face oppression in marital homes
(Srinivasan, 2004). An analysis of the official statistics for Tamil Nadu for the period
1991-2001 showed an overall increase in crimes against women. From 1991 to
2001, dowry cases in Tamil Nadu increased by 3.68%, and cruelty by husband or
relatives increased by 11.32%. Similarly, offenses under the Dowry Prohibition Act
increased 3.8% during the same period (Srinivasan, 2004).
In rural areas, family disputes are often referred to a local panchayat, which is an
informal village court consisting of respected members of the community. According
Table 1
Proportion of Crimes Against Women (IPC) of Total IPC Crimes
S. No. Year Total IPC Crimes Crime Against Women (IPC Cases) Total IPC Crimes (%)
Table 2
Incidents of Various Crimes Against Women, 2000-2005;
Percentage Variation in 2005 Compared to 2004
Variation in
2005 Over
Crime 2000 2001 2002 2003 2004 2005 2004 (%)
Table 3
Total Number of FIR and CSR Cases Registered, 2004-2006,
in AWPSs, Thousand Lights Area, City of Chennai
2004 2005 2006
S. No. Name of the AWPS FIR CSR FIR CSR FIR CSR
Note: FIR = First Information Report; CSR = Community Service Register; AWPS = All-Women Police
Station.
Data Collection
Table 4
Types of FIR Cases Registered, 2004-2006, in AWPSs,
Thousand Lights Area, City of Chennai
S. No. Type of FIR Cases 2004 2005 2006 Total Percentage
Note: FIR = First Information Report; AWPS = All-Women Police Station; IPC = Indian Penal Code;
TNDP = Tamil Nadu Dowry Prohibition.
Table 5
Types of CSR Cases Registered, 2004-2006, in AWPSs,
Thousand Lights Area, City of Chennai
S. No. Nature of CSRs 2004 2005 2006 Total Percentage
The petitions that were assigned CSR numbers are disposed of through various
means. Outcomes included mediation, wherein the parties compromised and agreed
to stay in the relationship; referring the case to a family court for divorce or
separation; or registering the case for formal investigation because the parties did not
Table 6
Disposal of FIR Cases, 2004-2006, in AWPSs,
Thousand Lights Area, City of Chennai
S. No. Type of FIR Cases Year UI PT CON ACQ AD TRF OTH Total
Note: FIR = First Information Report; AWPS = All-Women Police Station; IPC = Indian Penal Code;
TNDP = Tamil Nadu Dowry Prohibition; UI = Under Investigation; PT = Pending Trial; CON =
Convicted; ACQ = Acquitted; AD = Action Dropped; TRF = Transferred on point of jurisdiction; OTH =
Others. No case has been registered under The Protection of Women from Domestic Violence Act (2006)
after it came into force at AWPS, Thousand Lights.
want to compromise (see Table 7). Of dowry-related cases (n = 123), more than half
agreed to compromise (n = 69, 56%); 17% of the cases were referred to family court
for divorce or separation; and fewer than 10% (n = 11, 8.9%) of the cases were
registered as FIR cases.
Table 7
Disposal of CSRs, 2004-2006, in AWPSs,
Thousand Lights Area, City of Chennai
Nature of Petitions Case Family Other
S. No. (CSR) Year Compromised Registered Court Disposala Pending Total
The results presented here represent a small part of the study that covered around
one third of AWPSs in the city of Chennai. The data from one AWPS showed that
women who face a wide range of family issues prefer to bring their petitions to
women police for possible resolution, either through mediation and negotiation, or
through formal justice process. Although many complaints were not serious enough
to warrant official intervention, many women were desperate to have their complaints
brought before the women police because they believed that these officers would
show concern or empathy for their plight and possibly come up with a resolution,
which they would not get from male officers (Natarajan, 2006).
It has been the practice of the AWPSs, which were established for dealing with
women and women-related issues that all the petitions referred to them are initially
registered in the CSR. As the nature of family disputes are sensitive, the women
police do not immediately initiate legal process, namely, registration of complaints,
including filing of FIR and investigation. Hence, as soon as the petitions are assigned
CSR numbers, women police conduct a preliminary enquiry and try to resolve the
family disputes through various approaches, including mediation where they bring
the wife, the husband, and members of the extended family to the police station for
a discussion. When the couples are counseled, and if the counseling is successful,
they compromise. Besides, in the process the couples also learn to handle future
disputes in an amicable manner.
The women police deal only the criminal offenses, such as cruelty or harassment
by husband and other relatives and similar forms of violence. For a wife’s request
for separation or divorce, she is directed to approach the family court. Besides,
women police also resort to other methods including counseling. In this process, if
the couples are convinced and agree to live together, the women withdraw the cases.
One could only guess how a new law, The Protection of Women from Domestic
Violence Act (2005), would affect the role of women police dealing with CSRs. The
new Act broadened the definition of domestic violence. As a result, the number of
complaints was expected to increase. Since the Act came into effect on October 26,
2006, the first case of Neeraj Bala was decided in 57 days. In this case, the
complainant requested several legal remedies, including an end to the violence,
custody of her child, the right to stay in her husband’s house, monthly maintenance,
and enjoining her husband from selling their home. Although extant laws could have
provided most of the remedies sought, they could not award monthly maintenance
nor prevent the husband from selling the property before the dispute was settled.
Most important, Section 21 of the new law overrides any other law and the victims
can use it to get speedy justice under a single law. In the Neeraj Bala case, the court
was reluctant to award monthly maintenance, stating that this particular issue was
pending before a separate court under the Hindu Marriage Act of 1956. The court
also had not provided relief to the complainant regarding her request to prevent her
husband from selling the property because she had not submitted required documents
(Luthra, 2007). Moreover, the court had not granted her request for provision of
shelter in her husband’s home since she had been living separately for more than a
year. Luthra (2007) argues that the current court disregarded Section 17 of the law,
which permits a victim to reside in the same house and allots her a part of the house
for her own use.
Another noteworthy feature of the new law is that Section 18 of the Act prevents
further abuse by ordering the husband and in-laws to refrain from committing any
violence. The questions are as follows: Who will monitor such cases? Will the
burden rest with the police or newly created women protection officers? More data
from rural and urban areas may show the nature of cases reported, case outcomes,
the satisfaction of parties concerning outcomes, and how the new acts changed the
role of women police.
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final_paper_sans_resume.doc
Sesha Kethineni is a professor of criminal justice at Illinois State University. Her research has largely
focused on domestic violence, comparative juvenile justice, international drug polices, juvenile justice,
and female offenders in India.
Murugesan Srinivasan obtained his MA and PhD degrees in criminology from the University of Madras
where he currently teaches. His fields of specialization are police administration, victimology, and finan-
cial crimes. He has 14 years of teaching and research experience, having published more than 20 articles,
and served as a research collaborator at the Tokiwa International Victimology Institute, Japan.