RESEARCH PROPOSAL

Domestic Violence against Women in India

Table of Content:
1. Introduction
2. Review of Literature
3. Research Objective
4. Research Questions
5. Statement of Problem
6. Hypothesis
7. Methodology
8. Rational of Study

Introduction:
Domestic violence is physical or nonphysical (i.e., psychological) abuse committed by one or
more persons against an individual or individuals irrespective of characteristics such as
gender, sexual orientation or identity, political views, religious denomination, and
socioeconomic status. Domestic violence can take place at any time and in any society or
community. Domestic violence is defined as an act of violence that takes place specifically
within an intimate relationship (i.e., perpetrated against a spouse or partner). In most cases,
domestic violence refers to or receives attention as an act or acts that are committed by men
against women. Men, however, can also be victims of domestic violence, and most acts of
domestic violence perpetrated against men usually take place in public settings or are
committed by other men. A particularly disturbing aspect of domestic violence is that this
form of abuse and violence usually takes place within the home or in places that are supposed
to be considered “safe” places that provide protection for families and loved ones. Domestic
violence can result in minor or serious injury to the victim or victims. Therefore, part of the
broader understanding of domestic violence requires consideration of the social setting,
triggers of violence, perpetrators and victims, legal interpretations, privacy of the victim, and
social and economic pressures of reporting domestic violence activity to authorities or bodies
that are able to provide protection, such as the police and the criminal law system. Domestic
violence is usually considered a crime. Therefore, police forces have well-trained men and
women who are able to deal with domestic violence situations professionally. Police services
are available to respond to all forms of family and domestic violence behavior that results in
physical, sexual, and/or psychological damage/trauma, including forced social isolation,
dispossessing an individual of economic security, or other forms of acts or behavior that
result in creating fear in an individual at the time or in the future. Dealing with domestic
violence requires communication in which the nature and level of danger are expressed.
Detail-specific statements include whether or not imminent danger exists, what form of
danger it is, and any particular means of force that have/can/could be used. In some cases, it
is necessary for the victim or potential victim to flee the scene. In such cases, the victim
needs to seek refuge in a temporary safe haven until the proper law enforcement authorities
arrive. Some examples of safe or secure sanctuaries include women’s shelters. If medical care
or treatment is required, then the individual in question should be taken to a hospital. In
matters of domestic violence that involve the police, individuals are required to make a report
and record important details of the incident or incidents. Although people have the right to
make verbal or written reports, reports can generally fall into any of the following four
categories: Information is recorded, but no action is taken. A crime that has been reported is
investigated, with information recorded, and some form of action follows. A crime that has
been reported is investigated, and some form of intervention occurs, such as a police officer
pursuing or apprehending a suspect. An officer initiates his or her own investigation because
he or she witnesses an act or has reasonable and probable grounds to believe that an offence
has occurred.
The victim, bystanders, or even the police officer can submit a report if he or she witnessed
any such acts—and in some cases may be legally required to submit a report. Law
enforcement authorities are required to provide information regarding an individual’s rights
to the victim or to bystanders who are submitting the report. Identification numbers also
accompany cases. Filing a report about domestic violence is probably one of the most
important steps that can be taken in dealing with such acts. Previous, current, and future fear
of possible domestic violence events is an important component of the report that enables the
law enforcement community and supporting services to take action. Court protection is
available for victims of domestic violence. In the case of women and children, courts are able
to assist in their protection by arranging for temporary family homes depending on the
country and the jurisdictions within countries. In some cases, nonprofit agencies play a major,
even leading, role in these types of rescue activities. Enhancing the protection of a victim of
domestic violence is made possible through further action such as the courts issuing general
court orders for protection, making arrangements for child custody, and the potential
suspension of any rights that are held to gain access to children who would be in a vulnerable
position. The primary aim of protection is to shelter direct and indirect victims of a family or
household from further or possible abuse in any of the forms noted previously. When
measures are taken to restrict an individual’s access to possible victims, he or she could
become deprived (depending on the type of order—some may include a “no contact”
condition, and some may not) of the legal right to make (un)announced visits to the victim’s
home, place of employment, place of education or place of the victim’s child’s or children’s
education or to make nonphysical contact by sending text messages or e-mails, or making
phone calls. Victims are entitled to receive indemnity or compensation following instances of
domestic violence. Indemnity payment, for example, can take the form of recompense of
pecuniary costs such as medical bills and payments (i.e., short-term and long-term treatments
and hospitalization), financial liabilities due to injuries that prevent the victim from working
or carrying on with normal activities that allow the individual to provide for herself or
himself or for family members, as well as the costs associated with clothing, property, and
other material items damaged as a result of the domestic violence. Compensation eligibility
depends on a number of factors, such as victim gratification as well as the personal suffering
of the victim or victims in relation to physical and emotional pain, suffering, and shame.
These can be complex processes that take time and require necessary steps within a legal
process. When a home and the people living within it encounter domestic violence, there can
be (sometimes) unforeseen consequence or consequences that do not fully take into
consideration the other party involved. For example, there are matters directly concerning the
welfare of indirect victims, such as children or minors living within the home at the time of
the violence. Accordingly, issues such as parental care, custody, as well as child access and
surrender become matters of common or civil law processes. In such cases, effort needs to be
made to work toward an amicable arrangement, often involving advisory services that can
guide necessary child care through education or facilities. Courts can order mediation or
counseling as part of an amicable arrangement and take the necessary steps toward releasing
a temporary order if there is a failure to reach an amicable arrangement. In cases of domestic
violence, child welfare (usually) assumes priority over all other family matters, with the
necessary steps being taken in a timely manner.

Review of Literature
According to the Indian National Crime Records Bureau’s reporti stated - 2019’which tracked
criminal activities over 2019, Crime against Women. A total of 45,485cases of crime against
women were registered during 2019, showing an increase of 7.8% over 2018 (42,180 cases).
Majority of cases under crime against women were registered under ‘Cruelty by Husband or
his Relatives’ (30.9%) followed by ‘Assault on Women with Intent to Outrage her Modesty’
(20.2%), ‘Kidnaping & Abduction of Women’ (19.3%) and ‘Rape’ (7.3%).

According to one research, among the 40% of women who report physical abuse, 50% have
experienced violence during pregnancy, an event that is reported by women from all
socioeconomic backgrounds.ii Another severe consequence of women's subordination and the
patriarchal structure of Indian culture is that women refuse to seek help or legal action when
they are abused. Gender norms and power inequalities, embarrassment and humiliation, a
preference for home remedies, and a lack of control over economic resources necessary to
seek treatment were the top reasons for women's reluctance to seek care.iii

In a research paper, Gautham and Brandan stated iv, "A higher risk of domestic violence has
been linked to infection-reducing efforts enacted by governments during the COVID-19
epidemic." Psychiatric services can help to address this problem by (a) addressing certain risk
factors for domestic violence, such as assertive identification and management of substance
misuse; (b) providing support, advocacy, and treatment services for domestic violence
victims; and (c) multi-agency collaboration to improve medical and social responses to
domestic violence. At a time like this, multi-disciplinary mental health services must be
strengthened, rather than depleted, to address the pressing issues at hand.

Domestic violence is most widespread in most Indian states, according to NFHS statistics v,
including Bihar, Uttar Pradesh, Rajasthan, MP, and Maharashtra. According to the NFHS-4
survey done in the state of Odissa in 2016-17, 35.2 percent of women in the state have
experienced domestic abuse. Since 2000, observers have noticed an increase in both female
kidnapping and molestation. In 2012, there were 20.5 incidents of molestation per lakh
women; by 2016, that number had nearly quadrupled to 39.1 instances per lakh women. The
state's female literacy rate is 67.4 percent. By the age of 15, girls' school attendance had
dropped to 63%. Only 13% of women between 15 to 49 have finished 12 years or more of
schooling, while 28% have never attended. If education is to be a safeguard against violence
against women, the state government must do more to improve these figures.

So deep is the conditioning that 30% of all married women reported having been slapped by
their husbands; 41% of men and 59% of women think this is okay. Moreover, 82% of adults
of both sexes want at least one male child. UP was on the top on crime registered against
women overall, however, Madhya Pradesh was first in rape cases.vi

According to Koenig, et al. 2006vii,Factors Contributing to Domestic violence: While carrying

out a survey on domestic health in Uttar Pradesh, Koenig, et al. reviewed studies that have
identified the witnessing of violence between parents by a child emerging as a strong
predictor of subsequent domestic violence. This implies that children who have grown up
watching their mothers being abused are more likely to abuse their partners when they grow
up. Women who have grown up with domestic violence in their maternal home may also be
less resistant to it in their conjugal relationship after marriage. A recent United Nation
Population Fund report also revealed that around two-thirds of married women in India were
victims of domestic violence. Violence in India kills and disables as many women between
the ages of 15 and 44 years as cancer and its toll on women's health surpass that of traffic
accidents and malaria combinedviii

According to Rehan and Deepika domestic violence in India ix. The interesting thing is that
India has some of the greatest domestic violence statutes in the world. The Indian Parliament
adopted Section 498A to the Indian Penal Code (IPC) in 1983, allowing women and relatives
acting on her behalf to pursue judicial action for dowry-related concerns. Sec. 304-B was also
introduced to the IPC. The Indian parliament approved law in 2005 to protect women in India
from domestic abuse. The Act also allows the state to issue protective orders (which must be
followed by the police) and appoint special "protection officers" to help domestic abuse
victims in seeking medical treatment and submitting complaints.

While the Indian government should be applauded for taking seriously its obligations to
protect women from domestic violence, the paper revealed that its positive approach has been
thwarted by two factors: first, the victimization of male partners and their female relatives as
a result of special protections granted to women; and second, police harassment and rent-
seeking under the guise of enforcement. These negative outcomes have eclipsed the
advantages that these rules were supposed to bring to victims of domestic abuse. This
highlights how substantial cultural and institutional barriers may restrict or counteract even a
legal framework against domestic abuse that respects international human rights standards.
During the last 20 years of criminal law modification in India, a common argument made
against legislation associated with brutality against women has been that women exploit these
rules. The police, the general public, government employees, and even appointed authorities
of the High Courts and the Supreme Court have enthusiastically given these allegations of
law-abuse. The allegation of abuse is made specifically against Section 498A of the IPC and
the charge of share demise under Section 304B. India is a signatory to Human Rights
Conventions, and the fundamental principles of the Indian constitution safeguard people'
Human Rights. There are regions in India where there is a dearth of understanding of
women's rights, such as in isolated districts. The most important factor to evaluate and handle
is the unfriendly administrative relationship in India. Women have the right to life, liberty,
and so on. Even if they are informed, they lack the financial, expertise, time, experience,
confidence, and bravery to use these provisions. Furthermore, women have historically
believed in enduring harassment at home. Domestic abuse should not be viewed just as a law-
and-order issue. It is mostly a sociocultural issue. Its impact has far-reaching consequences
for family life, women's health, children's lives, and so on. The current study will investigate
the causes, nature, manifestations, and effects of domestic violence, allowing us to
comprehend the scope of the problem as well as its implications for societal structure. A
public awareness campaign must be planned in coordination with Panchayat members and the
local police station. It may be emphasized that empirical studies on domestic violence will
aid in raising awareness of the phenomenon of domestic violence in our country among all
segments of society, particularly professionals in the fields of law, social work, and medicine,
and will facilitate the development of appropriate intervention strategies for its management
and prevention. As a result of the study, numerous organizations such as PRIs, NGOs, and
the general public would be able to capture the multidimensional impacts of domestic
violence and make sincere attempts to sensitize the entire population on the subject.
Furthermore, it would be useful to planners and politicians when developing welfare
schemes.

Research Objective
Every research has a set of objectives. My research also has some objectives behind doing it.

To be precise, the Research Paper seeks information on the overall national situation in terms
of the dimensions, frequency, and type of such incidents, as well as to describe current
measures aimed at protecting victims of violence, emphasizing the response of law
enforcement agencies and the legal system to violence, and to propose alternative strategies
for reducing domestic violence. Finally, based on actual experience, it recommends some
additional approaches, in addition to current support, to safeguard women from the exposure
of domestic abuse.

Research Question:
a) What is the real picture of domestic violence in India?

b) What are the causes of domestic violence?

c) What are the types of domestic violence?

d) How to relate between domestic violence and life struggle of women?

e) What are the impacts of this violence on the life of women?

f) What are the necessary steps should take to solve this problem?
Statement of Research
Our civilization is currently beset by a slew of societal issues stemming from the economy,
culture, corruption, religion, and so on. However, it has also been plagued by a slew of
societal issues that go unnoticed until they become a problem. Domestic abuse is one of the
most heinous social problems. Domestic abuse is rendered invisible in Indian society, where
it is shrouded in remorse and embarrassment. Domestic violence is one of the most under-
reported crimes in the United States. Domestic violence can occur in any relationship,
including current and former spouses. The episode of Domestic Violence does not have a
chronological frame.

Hypothesis
The purpose of this study is to optimistically examine with the idea of proposing suggestion
methods for the proper operation of the Protection of Women from Domestic Violence Act,
2005, and to take preventative measures to avoid misuse of the legal process while meeting
the purposes of justice.

The current study work's premise is that:

1. In India, the number of women subjected to domestic violence is significantly higher

than the number of males.
2. The 2005 Protection of Women from Domestic Violence Act has caused a schism in
the Indian family system.
3. The Protection of Women from Domestic Violence Act of 2005 is a pro-women piece
of legislation.
4. The Protection of Women from Domestic Violence Act of 2005 makes it difficult for
impoverished and destitute women who have been victims of domestic violence to
seek recourse.

Methodology
The Researcher has adopted Doctrinal Research Method.

Rational of Study
The study's focus on violence against women was chosen for a variety of reasons. In our
nation, social practice undermines women's fundamental human rights to a life of dignity,
value, and equality. It fosters gender inequality by establishing a dominant and subservient
order between the sexes, and so violates the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW). Women cannot grow to their full human
potential or participate on equal terms in the economic, social, cultural, civic, and political
spheres in the face of real or threatened violence.
i
NCRB (MHA),2019

ii
Population Council,2019
iii
ibid
iv
https://pubmed.ncbi.nlm.nih.gov/32768101/

v
NFHS- Report on “Crime Against Women”, 2016-17.
vi
ibid
vii
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1470450/

viii
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2784629/

ix
https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1596&context=jgspl