Spousal Abuse in India. A Regional Scenario

CONTENTS

CHAPTER-1: INTRODUCTION

CHAPTER-2: REVIEW OF LITERATURE

CHAPTER-3: RESEARCH METHODOLOGY

CHAPTER-4: PROFILE OF STUDY AREA AND STUDY POPULATION

CHAPTER-5: EMOTIONAL VIOLENCE AND DETERMINANTS

CHAPTER-6: PHYSICAL VIOLENCE AND DETERMINANTS

CHAPTER-7: SEXUAL VIOLENCE AND DETERMINANTS

CHAPTER-8: REGIONAL ANALYSIS OF DOMESTIC VIOLENCE

CHAPTER-9: SUMMARY, CONCLUSION & SUGGESTIONS

REFERENCES

SPOUSAL ABUSE IN INDIA: A REGIONAL SCENARIO

Dr.Surendra K¹ Dr.Sateesha Gouda M² Dr.A.G.Khan³

Abstract:

Women throughout the world have been accorded lower status than men. Traditionally, women were expected to be married off and settle down in life. Rights of power, position and authority over women were accorded to men. Women were given a very subordinate role and status, as the socio-economic and external conditions prevailing in ancient times were not favorable for the free movement of women. In the 21st century even though women are educated and equally participating in employment with men, still the social conventions, traditions and restrictions controlling the life of women directly or indirectly. As such, in many of the ways the women are facing inequality and due to which, women are facing mental stress and tension in the society. Many of the socio-psychological specialists have opined that such mental tensions for women are due to atrocities, discrimination, exploitation, violence and sexual harassment of women in the society.

Violence against women can never be defined as a single term as it is collection of different acts, prejudices, biases, cultural, economic and social factor that influence it on a large scale. It varies from different countries to different religions and social customs. Although different in its say violence in all its form is common to the main fabric of society so called Woman! Some Human Rights Activists blame Violence on poverty and inadequacy of education and others argue it to be more due to patriarchal society. Real civilization will start only when relentless efforts are made from all sides. It is the basic attitudinal change which can save the society. A female is the root of the very fabric or tree which we call the society. If she is battered, teased, raped, assaulted, not given due dignity it is very obvious that the root will no longer hold the tree firm. Once this woman shatters the society will gradually do so. It is only the realization for a drastic wrong that things can change.

The present study is based on data collected from the NFHS II and III Base line Survey undertaken by IIPS, Jointly Sponsored by GOI and USAID and the primary objective of the this project is to provide national-level and state-level data on fertility, nuptiality, family size preferences, knowledge and practice of family planning, as well as sexual behavior the potential demand for contraception, the level of unwanted fertility, utilization of antenatal services, breastfeeding and food supplementation practices, child nutrition and immunizations, and infant and child mortality. The third National Family Health Survey (NFHS-3) was conducted in 2005-06. This survey provides the information on several new and emerging issues such as perinatal mortality, male involvement in the use of health and family welfare services, adolescent reproductive health, high risk sexual behaviour, family life education, safe injections, and knowledge about tuberculosis. In addition to interviewing ever- married women age 15-49, NFHS-3 included never married women age 15-49 and both ever-married and never married men age 15-54 as eligible respondents. Interviews were conducted with 124,385 women age 15-49 and 74,369 men age 15-54from all 29 states. Throughout India, 102,946 women and men were tested for HIV in NFHS-3.For the present study 83,703 women age 15-49 were considered for the purpose of analysis of domestic violence.

The present study tries to understand the relationship between different aspects of working status and chances of occurrence of domestic violence. The data shows that the chances of domestic violence is relatively less (35.6 percent) if only husband is working and wife is looking after household work, the chances of domestic violence is much higher (52.9 percent) if only respondent is working, similar pattern was found across all the regions of India.

The analysis tried to understand the living children status and odds ratio of domestic violence, the data shows that couples having both gender children are 1.58 times more likely to experience the domestic violence compare to couples having no children. The respondents having more than one union are 1.19 times more likely to experience the domestic violence compared to women having only one marital union. The data shows that respondents having more than one marital union are 1.19 times more likely to experience the domestic violence compare to respondents of one marital union. As it already seen in bivarite analysis there is positive relation between partner alcohol usage and domestic violence, similarly the analysis of logistic regression shows that the respondent of partner who alcohol consuming are 1.19 times more likely to experience the domestic violence compared to respondent of non-alcoholic partner. The regional level analysis shows that the women belongs to Eastern region are 1.44 times and women belongs to Central region are 1.33 times more likely to experience the domestic violence compared to other parts of regions of India.

LIST OF TABLES

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LIST OF FIGURES

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LIST OF MAP

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CHAPTER-1

INTRODUCTION

Women throughout the world have been accorded lower status than men. Traditionally, women were expected to be married off and settle down in life. Rights of power, position and authority over women were accorded to men. Women were given a very subordinate role and status, as the socioeconomic and external conditions prevailing in ancient times were not favorable for the free movement of women. In the 21st century even though women are educated and equally participating in employment with men, still the social conventions, traditions and restrictions controlling the life of women directly or indirectly. As such, in many of the ways the women are facing inequality and due to which, women are facing mental stress and tension in the society. Many of the socio-psychological specialists have opined that such mental tensions for women are due to atrocities, discrimination, exploitation, violence and sexual harassment of women in the society.

The Research theme is based on the concept of “violence” which is the most common and highly destructive technique followed across boundaries and across cultures to subdue the vulnerable and the poor. Violence is an epidemic that kills, tortures physically and mentally and maims psychologically the most beautiful creation of God Almighty i.e. Woman. The very fact that Indian Constitution guarantees various legal rights to all without any discrimination is a myth in reality (Upadhyay et al 2004). The basic rights of right to life and live with dignity are destroyed maximum in a workplace and at home too.

The UN Declaration on the Elimination of Violence againstWomen (1993) states that"Violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women, and that violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.”The socio-cultural values and attitudes dominated by patriarchal system gives a low esteem to a woman leading to inevitable gender inequality which is often the major contributory factor to this type of irrevocable damage and violence against the dignity of a woman. Articles 14, 19 and 21 of the Constitution of India speak volumes of right to equality as well as right to live a life with freedom and dignity. Article 19 specifically guarantees right to work to all irrespective of gender.

All these rights when spoken of at the International level are also part of Universal Rights which too speak of uniformity and equality in terms of rights. In continuation of these India has been a signatory to Convention on the Elimination of all Forms of Discrimination against Women in 1979. On the one hand where Article 14 talks of equality in terms of rights towards all practically when seen it is the reverse situation at home as well as at workplace. Women are never given their due credit for all the unaccounted work done at home as well as at the workplace. This secondary prioritization of women is definitely a bad indicator of not only an unhealthy family and society but as a nation on the whole. (Upadhyay et al, 2004).

However it is to be noted that in spite of such laws, the condition as well as the status of women has always been secondary in all aspects and at all places- the reasons could be many ranging from lack of legislative controls to effective implementation of laws, lack of gender sensitivity to the very core in the upbringing of the woman that she is taught to be lower in status of men whether it be economic, social, sexual, educational or at workplace. There are eyes which cry blood with the violence and torture they face, there are broken limbs by the very own whom they love, there are battered souls who work for them and there are these shattered women crying silently as they don’t have any recourse to. They are exploited everywhere in family in the name of love or adjustments and outside for money or Fulfillment of basic needs of oneself and family members.

It is our family, society, our culture and our very own people who taught us to remain silent and bear it up and they are the very own who have often have inflicted this pain on us either to show their masculinity or satisfy their ego or otherwise. The question which ponders throughout is as to where do they go for justice, peace, love, happiness and dignity. In Indian society, women’s status has always remained very high theoretically. Powers of God have been described in women’s forms as Laxmi, Saraswati, Durga etc. Woman considered a symbol of wealth, knowledge and strength. Wife has been called as “Ardhangini” and her motherhood has been given great respect everywhere in all holy books and scriptures.

Mother is considered to be the symbol of Nationality which makes a woman higher than all living creatures on this earth. From the archaeological remnants and Vedic literature (Pre Vedic and Vedic Periods) we get indications of women’s status in comparison to men’s status being higher. But from the post Vedic period its downward flow of gradual deterioration started and continued till the end of medieval period and the women quietly suffered throughout (Anu Jasrotia, 2012).

The violence against women in all the religions, whether Hindu, Muslim or Christian, are shaped by the dominant patriarchal systems which have structured the socio-political, religious-cultural sphere of Indian society. Moreover, it is not just political, economic, social and religious inequality and discrimination that Indian women have to confront every day, but also the traditional, cultural evils such as dowry system, bride burning in connection with dowry, etc., in addition to other forms of abuse and harassment. Though it is not legal to pay or receive dowry, this gruesome system still prevails and haunts every female, from all classes, castes, and religions.

It looks like there is no redemption from this social evil. Countless young women fall prey to this evil system especially in south India. Every day in the news we read about harassment and abuse of women at the work place at home and in society, while many cases go unreported. These women could be educated or uneducated, rich or poor, with high or low grade jobs. The increase in feticide, girl infanticide, dowry deaths, sexual molestation of young girls, rape, murder of rape victims, wife battering, etc. are at high. Recent reports on dowry deaths and murder of rape victims are shocking.

During the British regime in 19th and 20th Centuries, owing to the contacts with modern society, intellectual class of Indian society intensively realized the inhuman and unjust fact of discrimination and through social reform movements and social legislations efforts were made to improve the status of women. Raja Ram Mohan Roy the pioneer of the movement of Women’s rights made great efforts in bringing about socio-legal changes pertaining to child marriage, Sati and the legitimization of Widow Remarriage. All these efforts were to directly or indirectly reduce violence and make the life of women more humane and worth living.

The British Government also passed various legislations to protect the then problematic women such as the Prohibition of Sati Act, 1829; Widow Remarriage Act, 1856; Civil Marriage Act, 1872; Married Wife Property Act,1874,; Child Marriage Restraint Act, 1929 and the Indian Government Act, 1935 etc. As a result of it the women got emancipated from the pain of economic, social familial and political disabilities (Anu Jasrotia, 2012).

Earlier to 1980’s there were no specific or special laws specifically related to violence at home or as such to cater to the needs of domestic violence. Neither could the husbands or the in-laws be ever convicted under it due its absence nor was such a need never felt by the society or legislature to enact such specific domestic laws. Hence throughout it was seen that the conviction was under the provisions of either, causing hurt or confinement, murder or suicide or abetment of suicide etc. Various sections such as 304B, 313-316, 305 319, 321, 326, 327, 349 498A etc speak volumes for the protection of women. Similarly the Dowry Prohibition (Amendment Act) 1986, the Commission of Sati Prevention Act, 1987,

The Pre-Natal Diagnostic Techniques Regulation and Prevention of Misuse Act, 1994 are various Acts for the Protection of Women but there is a huge gap yet to be filled in between theory and practice for the so called Betterment and Empowerment of Women. Poverty and illiteracy along with social and economic backwardness forces women to work in the informal or unorganized sector. They are neither secure in terms of job nor wages nor working conditions or welfare amenities are concerned. Most of these women belong to the casual and seasonal employment and do not have one employer as such either due to the reason that their employment was sought with the help or through an agent or supervisor or some known acquaintance due to which their direct approach to an specific employer is missing and it is one of the major reasons for manipulations and exploitation.

To add to this bad situation they are not affiliated to any trade union, have irregular working hours as well as irregular places of work and most of all they lack the legal protection or governmental support. Even though the Government comes up with different schemes these vulnerable are unaware of those schemes due to lack of literacy and ignorance. Women are given low and unequal wages. Sexual harassment is common and rampant. They do not have any paid leave, or maternity leave or social security. Due to poverty they are not in a position to save for their future and as a result they have no pension or insurance or health safety. Many a times they take the help of their children too to increase or support their employment. Both formal and informal surveys reveal that on an average unorganized sector workers do not earn more than Rs.30 to Rs.50 per day. In order to earn more they work longer and harder due to which their family gets disrupted. It is also said that the Globalization factor has brought about more females to the working ground.

Violence has been a part of a woman’s life from time immemorial. No society can ever claim in totality that it has been violence free especially in cases of women. In fact the Society proudly promotes everything a man does to be right. He is considered to be the sole earthly controller of not only the woman’s property but also her body and that it is the duty of the wife to keep her husband happy in all terms under any circumstances.

The Government of India’s National Crime Records Bureau., 1994 recognizes that one of the precipitating factors in violence against women is their low status in society. In reviewing statistics regarding violence they state: Women continue to be victims of domestic violence, family violence and the violence in the community and at the work places. Illiteracy, ignorance, lack of awareness, poverty, added with traditional oppression and customs place the Indian women at uneven status or environment. Violence is often socially sanctified and imbedded with attitudes and social acceptance and an accepted inescapable reality of women’s life which are not only taught to her in her childhood but practiced after marriage leaving no option but to bear it without complaining.

Lack of economic resources is often considered to be a barrier due to which not only do we find the vicious cycle of poverty in the economic sense but a vicious cycle of exploitation also in the socio-legal sense starts which is again more dangerous for the growth and welfare of women. Many times due to family pressure, poverty or even due to unemployment of husband a woman is forced to take up any sort of employment mainly for fulfilling the dire needs of her family. This family constraints can never be hidden at workplace and the exploitation there too starts which many a times does not get confined to long working hours with low wages but also sexual harassment at the hands of agents, supervisors or even employers. However the plight of woman is that the woman puts in more hours of work, cannot change her employment due to her illiteracy, unskilled nature of work and need of money and to add to the problem she is forced to do all household work in spite of sickness or any mental or physical pain. Her family too does not support her but she is criticized for working long hours yet getting low wages, her character is many times questioned and all these have a circular flow in a woman’s life without any end. She is manipulated and exploited at her workplace as well as at home.

HISTORY OF VIOLENCE AGAINST WOMEN

The position of women in India was never very well defined in the sense that it faced several journeys of ups and downs in their terms of respect and growth as well as importance and decision maker in the society. Infact the status of women in the society has always been a very complicated one. Infact the present changes in the status of women and their progress was as one in the early Vedic Period. Women enjoyed and were deprived various rights during various different periods i.e. BC, AD as well as Post independence.

Women during the Vedic Period

Researchers have established historically that during the Vedic Period women have held a position of equality with men. During this period the girls and boys were required to undergo a ceremony named Upanayam so as to be initiated to the Vedic Studies. During this period the education of women was looked up to be an essential and crucial part of her growth. No religious rites or rituals could be completed without her presence. During the Rig Veda period women were very much educated and civilized and took pride in participating in philosophical events with men.

Along with education proper over all development of the girl was also taken care of. Girls were married long after they attained their age of puberty. Women were considerably free to choose their life partners and the concept of dowry was minimum in extreme cases may be where the girl had some physical defect. Most importantly Widow Remarriage was socially acceptable during this period.

Even during the Rig Veda Period there were many great Brahmavadanis who were long lived students like the Buddhist women Scholars. Many women also chose not to get married and remained in their parent’s house. There were no serious or major restrictions on widow remarriages. Many a times the brother of the deceased was allowed to marry the widow with prior permission of the elders or society members. The earlier Dharmasastra writers also allowed divorce as a part of social and legal rights.

Women during the Age of Revolt

There was a massive and drastic change in the society so far as women and their rights were concerned after 300 B.C. Sons gained importance over daughters and were considered most valuable asset for parents without whom they would never be able to reach or enter the gates of heaven. Education became a taboo due to which parents got their daughters married off as early as possible and so did begin the devil dread of early marriage practices which was most welcome by the society. Later even the concepts of widow remarriage were prohibited. Infact the Smriti Writers preached that the wife should regard her husband to be God and she should be worshipping him even if he was a rake.

Women during the Medieval Period

This period was considered to a period of inequality where there was no statement of legal and social equality between the sexes. This inequality was significantly prominent in all dealings at the socio legal and economic levels. Widow’s life was made miserable. The System of Sati or Self-Immolation on the husband’s funeral pyre was made mandatory and a social factor which needed to be abided with. With the growth of the Sati System women and their condition deteriorated day by day. The system of Sati grew in leaps and bounds only to push women down into a system of drudgery and misery where if the woman dies the man had a right to get married a number of times even till he reaches his death bed that too with a woman or girl who may be of his daughter’s or grand-daughter’s age.

Women during the British Regime

The British brought with them the wave, flame and torch of rights for women which was lighted in India by the Reformists namely Ram Mohan Rai, Iswar Chandra Vidyasagar, Dayananda Saraswati, Keshav Chandra, and Mahatma Gandhi, who advocated the changing role of women. During this period Indian women had multiple rights and freedom even to the extent of freedom to divorce the husbands and remarry; women moved freely and participated in religious festivals.

During this time the liberal philosophy from the West was accepted and many changes were witnessed in the social and legislations, for protection of women. Education of women gained importance and Women started fighting against the social evils with pride and courage. Women undertook higher education and many went to the extent of being qualified as nurses, teachers and medical practitioners. They accepted many high class jobs involving higher degree of responsibility in the society which improved their situation to a very great extent.

Women during the post British Era

After independence too many women have occupied posts and status which are full of pride and dignity. We have had women as Prime Minister to Ambassador to women in police and also in Social Work. Though, as compared to the past, the present role, status and position of women in the society have improved, socially, economically, politically and psychologically women are still downtrodden in the society. They are overlooked by men, as they are a weaker section of the society and their human rights are violated almost everywhere within the four walls of the house to the workplace and vice versa this vicious cycle of violence, exploitation and manipulation continues.

DEFINITIONS AND CONCEPTS OF VIOLENCE

Violence against women can never be defined as a single term as it is collection of different acts, prejudices, biases, cultural, economic and social factor that influence it on a large scale. It varies from different countries to different religions and social customs. Although different in its say violence in all its form is common to the main fabric of society so called Woman! Some Human Rights Activists blame Violence on poverty and inadequacy of education and others argue it to be more due to patriarchal society.

A different type of violence takes place at the individual or family level as well as the society. All these include rape, honor killings, domestic violence which also includes intimate partner violence, dowry, molestation, kidnapping, abduction, forced marriages, prenatal sex selection, female infanticide, female feticide, forced prostitution, forced abortion, violence by authorities, female genital mutilation and many more too in the name of state or religion such as war rape or Devdasi etc.

The United Nations (1993) Declaration on the Elimination of Violence against Women defines violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life." The definition refers to gender based violence as the root cause of all violence. The Declaration broadens the scope of the definition to include Crimes and Violence happening within the four walls of the family as well as in the general society as such.

The Scottish Government’s definition of violence against women can be interpreted as follows:

1. Violence against women are actions which harm or cause suffering or indignity to women and children, and whereas those carrying out the actions are mainly men.
2. In most of such case women and children are predominantly the victims of different forms of violence - including emotional, psychological, sexual and physical abuse.
3. Coercion and constraints - are interlinked where such suffering and deprivation of rights and liberty not only takes place within the family but at the community level too.
4. And this is manifested by the acceptance of the Society at large of this injustice and all such unjust acts are condoned by the State and they have their roots in gender inequality and are therefore understood as gender-based violence.

In 1993, The World Development Report of the World Bank estimated that women between the age group of 15 to 44 lose more Discounted Health Years of Life (DHYLs) due to rape and domestic violence rather than due to breast cancer, cervical cancer obstructed labor, heart disease, AIDS, respiratory infections, motor vehicle accidents or war.

When this same violence in all or many forms are perpetrated towards the most vulnerable class of women that is the women working in the unorganized sector who out of illiteracy and poverty are forced to work and are rampantly exploited battered cursed burnt to death and are mostly unwanted it can definitely be termed as the most heinous crime and an urgent change is required to make a change in their lives. The Informal or the Unorganized Sector is one which takes in its ambit all jobs which are not recognized as normal income sources meant for savings and a source of national income. They are mostly unregistered and do not come directly under the control of State or Central Government.

To come out of these many problems only law can be of no use. Consistent and sincere efforts on the part of at the first stage the State to enact effective legislative provisions coupled with conscious raising and awareness raising programs can help to improve the status of women to some extent .Coupled with the State efforts by different NGO’s in spreading awareness and spreading education in the sense of skilled work for these vulnerable would help.

THEORIES OF VIOLENCE

It is understood as many that Violence is a natural process and it may require many a times little or no stimulation, reasoning or motivation. It is basically that the accused has little or no control over his impulses which either minutely or immensely affects the victim so facing the impulse. Much in such cases depends on the cultural background of the person as well as the level of tolerance by the victim as it is a teaching process that violence is accepted and sanctioned in any name you call it and that it will not be diverted back. Hence many a times these impulses shoot out only on the weak and vulnerable who accept it as a part of their lives.

Many also believe in the theory that men who batter their wives are mentally ill and they need treatment medical and psychiatric. However Researchers have pointed out that it may not be true for as of a mentally ill person he would be impulsive and violent towards all and not only to his intimate partner which logically sounds true. Many also theorize Violence to be a learned behavior. The childhood images, memories and violence which was a part of accepted social life which their mothers or sisters etc went through is an acceptable pattern adhered to by men to satisfy either their childhood play which was lost due to family violence or to satisfy their male egos to control the female members and prove their masculinity.

On the other hand some theories put the blame on alcohol as the root cause of all violence whereby the man loses his sense of rationality and ventures to be a vulture or even worse and does not regard the age or relation of the female and full-fledged violence is imposed either in the form of rape or acid throwing or domestic violence.

This beautiful expectancy which the woman sees as a dream is not the reality and this cycle continues where even the children learn the same. There are probable chances that these turn out to be further violent aggressive individuals who do not confine their anger, frustration and stress to their wives or women at home but attack every woman who they feel should be subdued only to butter their own self esteem. Many a time women accept this violent behavior especially from their family to be a part of living. The expectancy that her husband would definitely change in the name of love or relationship or that he is frustrated with work and the only source of relieving his tension is the woman herself and so allows the man to use her like a doormat.

The Cognitive theorists focus on how social environment is perceived and how one learns to solve problems based on social learning. They argue that from childhood to old age the human learns complex reasoning and abstract thought too. Hence the formation of moral and intellectual development is dependent on social factors. It is further argued that this moral development is responsible for ones behavioral pattern. People from higher levels of moral development and reasoning will deter oneself from criminal behavior as they think it as wrong and vice- versa applies to those whose moral reasoning and development is lower.

Sociologist Aichorn argued that all exposure to stressful social environments did not necessarily produce violence or crime. According to him it may be manifestation of inadequate childhood socialization and lack of sympathy or empathy towards others and hence the feel of guilt towards any wrong to anyone loved one or anyone else is absent. There is yet another concept of personality which states that personality has different stable patterns of behavior, thoughts and actions which are the determinant factors of violence.

Many researchers’ link suspicion, extroversion, narcissism as well as lack of empathy, jealousy, lack of ambition, impulsive nature, irritation and incompetency to face adverse social conditions etc to violence and violent behavior. Studies have also tried to relate depression to aggression and violent behavior

TYPES OF VIOLENCE AGAINST WOMEN:

Major types of violence committed against women are as under:

1. Domestic Violence:

The family is often equated with sanctuary - a place where individuals seek love, safety, security and shelter. But the evidence shows that it is also a place that imperils love and breeds some of the most drastic forms of violence perpetrated against women. Violence in the domestic sphere is usually perpetrated by males who are, or who have been in positions of trust and intimacy and power-husbands, boyfriends, fathers, fathers-in-law, stepfathers, brothers, uncles, sons or other relatives. Domestic violence is in most cases violence perpetrated by men against women.

Women can also be violent, but their actions account for a small percentage of domestic violence. Violence against women is often a cycle of abuse that manifests itself in many forms throughout their lives. Even at the very beginning of her life, a girl may be the target of sex-selective abortion or female‘s infanticide in cultures where son preference is prevalent. During childhood, violence against girls may include enforced malnutrition, lack of access to medical care and education, incest, female genital mutilation, early marriage and forced prostitution or bonded labour. Some go on to suffer throughout their adult lives-battered, raped and even murdered at the hands of intimate partners.

Other crimes of violence against women include forced pregnancy, abortion or sterilization, and harmful traditional practices such as dowry related violence. And in later life, widows and elderly women may also experience abuse. Throughout her life cycle the woman may be forced to undergo blatant abuse. While the impact of physical abuse may be more visible than psychological scarring, repeated humiliation and insults, forced isolation, limitations on social mobility, constant threats of violence and injury, and denial of economic resources are more subtle and insidious forms of violence. The intangible nature of psychological abuse makes it harder to define and report, leaving the woman in a situation where she is often made to feel mentally destabilized and powerless (Rajani et al., 2011).

Violence committed by family members within the family home is the most serious and repugnant of all types of violence. In South Asian countries where reliable, large scale studies on gender violence are available, more than 20% women are reported to have been abused by man with whom they live. Not only they abused by their husbands, but their mother-in-law, father, also physically or mentally tortures them in law, and sister in law or brother in law for dowry. This is a common phenomenon in joint poor family. The women‘s labour is not properly recognized not given their due share and always they are kept neglected or ignored on different pretexts. Their masters-male or female on a very trifling matter or flimsy ground also inhumanly tortures the maidservants. The tortured becomes often severe that they are succumbed to death.

The United Nations Declaration on the Elimination of Violence against Women defines violence against women as any act of gender-based violence that results in or is likely to result in physical, sexual or psychological harm or suffering to women including threats of such acts, coercion or arbitrary deprivation of liberty; whether occurring in public or private life (Gaikwad et al., 2011) Domestic violence includes violence perpetrated by intimate partners and other family members and manifested through:

1. Physical abuse: It includes slapping, beating, arm twisting, stabbing, strangling, burning, choking, kicking etc.

2. Psychological abuse: It includes behaviour that is intended to intimidate, persecute and takes the form of threats of abandonment on abuse, confinement to the home, threats to take away custody of children, isolation, verbal aggression and constant humiliation.

3. Sexual abuse: It includes coerced sex through threats, intimidation or physical force, forcing unwanted sexual acts or forcing sex with others.

Battering by intimate partners, fathers or brothers; Sexual abuse of female children and young women in the household by family members; Dowry-related violence; Marital rape, Female genital mutilation and other traditional practices are also harmful to women. It also covers abuse of domestic workers including - Involuntary confinement; Physical brutality; Slavery-like conditions; Sexual assault.

2. Rape and Sexual Abuse:

Rape can cover a very narrow or a wide range of acts depending on whether all potential penetrative acts are included or whether some are excluded and defined as sexual assault, and whether penetration or other body parts/objects are included. If defined as penetration, rape is a violation that can only be perpetrated by men. Traditionally, it has been understood as a crime committed by strangers, involving weapons and/or injury. Rape occurs in every context in which women and girls are found: in their own homes, in the community, in institutions including schools, in employment, in social upheaval and conflict. Perpetrators are most commonly known men, including family members. The context for rape which is most contested is that of marriage, with many countries only recognizing this in law at the end of the 20th century, and significant numbers still resisting this recognition.

Rape is an unlawful sexual intercourse with a female person without her consent by force or threat of force. It is the most serious and frequently occurred form of violence against women. The unfortunate part of the story is that the raped women is socially condemned, ostracized and boycotted, ignored and widely believed to be responsible for their own rape. A raped woman also is considered as abandoned women, no place in the society, hence the raped women or relatives of that woman keep the incidents secrets. There are various forms of rape in India, such as: rape in work place, rape in domestic environment, rape in police custody, child rape, gang rape, data rape institutional rape, spousal rape and rape by intimate male relations.

Sexual assault by security forces is widespread. However, cases of rape are highly under-reported given the stigma attached to it. Sexual violence against women as a weapon of war are rampant and never see the light of investigation and women were forced to live their life with trauma and humiliation. Sexual abuse is an abuse of power that encompasses many forms of sexual activity between females and male of generally older age known to the victim. The activity may be physically forced or accomplished through coercive tactics such as offers of money or eatables or even threats of exposure.

Sexual harassment is usually defined as unwanted sexual attention, requests for sexual favors or unwanted verbal, non-verbal or physical behaviour of a sexual kind. Some elements of sexual harassment may be covered within criminal law, but in most instances this is related to equality and employment, and hence the focus in most policy and discussion is on harassment within the workplace. The initial activism on this issue, however, related to the ways men sexualized women in public space, by comments, whistles and so on. Some countries, notably India, have a much wider legal definition that includes public space.

Whether out of choice or out of compulsion, most of the women who are involved in the work place in all vital sectors of country‘s economy may fall in the unorganized sectors. They are ill-paid but don‘t leave the job due to increasing unemployment. This need for survival drives to as rape situations. Harassment at work place is real and pervasive. Considering the taboo in most countries that surrounds incest or the sexual abuse of children and adolescents within the family, this is one of the most invisible forms of violence. Because the crime is perpetrated most often by a father, stepfather, grandfather, brother, uncle, or another male relative in a position of trust, the rights of the child are usually sacrificed in order to protect the name of the family and that of the adult perpetrator.

3. Prostitution and Trafficking of Women:

The concepts also include Abduction and Kidnapping. Trafficking involves the recruitment and transportation of persons, using deception, coercion and threats in order to place and keep them in a situation of forced labour, slavery or servitude. Persons are trafficked into a variety of sectors of the informal economy, including prostitution, domestic work, agriculture, the garment industry or street begging. All abductions and all kidnapping situations are not the same; to speak, then, of kidnapping does not mean that we are dealing with a homogeneous collection of human situations and activities. Kidnapping and abduction is taking away a person unlawfully by force or fraud!. It has different motivations political, economic and individualistic. Political abductions and hostage-taking in recent years have increasingly attracted worldwide attention (Ahuja, 1998).

The problem of prostitution and trafficking in women seems to have increased tremendously in the last two decades. Trafficking in women and children, most often for commercial sexual exploitation is estimated to rise up to 8 million US dollar each year, according to the International Organization for Migration (IOM). The huge profit reaped by the perpetrators, increasingly linked to organized crimes has turned this trade into a rapidly growing menace. Poor women and the girls are among the target groups of traffickers, because other magnetization of poverty and limited economic resources. In India, a gang of traffickers induces the poor and wretched women and children for love marriage and also pretension of love and marriage and illegally traffic them to Pakistan, Bangladesh, and Middle East countries to become domestic servants and often used sexually.

4. Acid Throwing:

Acid throwing is another form of violence against women, which are increasing at alarming women, which are increasing at an alarming rate. The young and teenaged girls are victims of acid burn because of refusal of marriage and rejection of love proposal given by young man. Acid burns also taken as measures of personal revenge, family quarrel and quarrel in couple and also feuds between two families, kinship. Although laws have been made against such cruelty, the offenders are practicing very often in the society. Many survivors from Acid attacks face isolation, lose their ability to earn a living and hence lose much of the independence.

5. Abduction:

Women are helpless and suffer from a deep sense of insecurity with the increase of deterioration of law and order situation the scale of abduction has astronomically risen particularly in industrial cities where the female workers are abundant in garments factories, the abduction case has sharply increased. Not only it is confined to garments workers only, the teen aged girls are also reported being abducted from the school premises. After abduction the criminals demand a big ransom for their release. Incase they fail to get ransom the abducted girls are made worst victims of sex harassment, and in extreme cases they are brutally killed.

Honour killing is an ancient cultural practice in which men murder female relatives in the name of family honour for forced or suspected sexual activity outside the marriage, even when the women have been victims of rape (Aruna Papp, 2010). Now, honour killing is made when there will be interreligion and inter-caste marriages. Even though, men also suffer from the honour killings, still the violence against women in the name of honour killings are much highlighted compared to that suffering of men.

6. Violence for Dowry:

Dowry violence is a brutal practice involving a woman being tortured or killed by her husband or in-laws because her family is unable to meet their demands for her dowry - a payment made to a woman‘s in-laws upon her engagement or marriage as a gift to her new family. It is not uncommon for dowries to exceed a family‘s annual income. While cultures throughout the world have dowries or similar payments, dowry murder occurs predominantly in South Asia. According to official crime statistics in India, 6,822 women were killed in 2002 as a result of such violence.

The practice of giving dowry to a daughter is an age-old institution in India. Having no right to parental property under the Mitakshara system of inheritance, she was given part of it at the time of her marriage to help her to set up a new home. The Succession Act of 1956 and the Dowry Prohibition Act of 1961 hardly made any impact on the institution of dowry and its giving and taking has continued to be an accepted social custom. However, the custom has suddenly acquired harmful overtones in recent years and is perceived as pernicious to the welfare of society in general and women in particular. Although cases of dowry-deaths are largely hidden behind the closed doors of the home, resulting in a general lack of awareness of the seriousness and extent of dowry-deaths, there is some scattered data suggesting that the murder of a young wife or a daughter-in-law on the issue of dowry is far more prevalent than what the public or professionals realize.

Demanding giving and accepting dowry is illegal in India. The practice, however, still prevails in many sections of the society. The issue of dowry is probably the most common sources of domestic violence in India, where the husband along with his parents and relative, remind the urine that the remaining payment is still due. Incidents of murder or attempted murder for dowry-related reasons are regular items in the country‘s daily papers.

7. Mental or Psychological Torture:

Women are also victim of silent mental torture. Apart from physical torture they are made subject to mental torture both at home and outside. Even at their work place they are after ignored, ridiculed, deprived of financial benefits. Socially derailed and arrogant young boys also often tease the school and college going girls. The acid victims become mentally depressed and pass their days under fearful mental agony.

8. Torture during Pregnancy:

Bearing a child is very difficult task and causes a lot of physical strain. For the growth and development of the baby and is normal and easy birth an woman requires sufficient food, leisure which are often denied or not taken into notice in most case of joint poor family she is deprived of regular medical checkup and not getting proper medicine for keeping the baby healthy and alive. Denials of all these facilities are nothing but a stress for the women to survive to deliver the baby.

9. Forced Prostitution:

This is an old practice and an evil, a social disease too. On many pretext and temptation the girl are abducted and forced to live a life of sex workers and those who control them or manage them, they are also great exploiters. They enjoy a greater share of money earned by the sex worker and on the other hand the latter are reduced to a life of bare necessities.

10. Murder:

Murder is the cruelest from of women violence. The murder of women by their husband and in laws is related to escalation of dowry demands and with more general harassment and severe beating of women. Women are murdered secretly as well as openly by the gunshot by the hired terrorists. Sometimes on a very trifling cause or neglected issue or of sudden rise of anger beyond control, kill wife and children.

Table-1.1 Forms of Violence experienced by Women Throughout their Life Span

Abbildung in dieser Leseprobe nicht enthalten

INTERNATIONAL CONVENTIONS FOR PROTECTION OF WOMEN AGAINST VIOLENCE

1. The World Conference on Human Rights, Vienna in the year 1993 through its Declaration and Program of Action affirmed that every women’s human rights must be protected positively as women’s human rights are most fundamental to all human rights. It was the very first time that the Declaration asserted that in courts, prisons and other public areas but most importantly in the home women rights need to be given utmost priority.
2. In 1993 the UN Declaration on the Elimination of Violence against Women provided an extensive definition of violence for the first time to include psychological violence too.
3. The International Conference on Population and Development, Cairo in 1994 also affirmed that women’s rights are very important and an integral part of all human rights. It stressed that for any development program to be successful it is very important to improve the status of women. Various preventive measures and rehabilitation programs for the victims of violence was suggested. This Conference was the first International Forum to acknowledge that enjoyment of sexual health is an integral part of reproductive rights and that man too have similar duties towards their partners. Human sexuality and gender relations were considered to be closely interrelated and it together affects the ability of both men and women to achieve and maintain sexual health and manage their sexual lives. Management of sexual lives with mutual respect and willingness to accept the responsibility for the consequences of sexual behavior should be a mutual duty and that can be enforced positively by the change in mindset of both men and the society at large.
4. The World Health Organization in its research on violence against women, viewed violence against women to be a part of their life cycle right from her pre-birth to infancy, girlhood, adolescence, adulthood and also her old age. It explained how during Pre-birth violence in the form of sex selective abortion and also always unseen and neglected is the violence on women who are pregnant. In the phase of early infancy violence in the form of Female Infanticide, physical, sexual and psychological abuse, child marriage, female genital mutilation, child prostitution etc. Later during the Girlhood period problems related to pornography, incest and prostitution, dating and courtship violence etc. Later in the Adolescence and Adulthood violence in the form of rape, sexual harassment, forced prostitution and pornography, trafficking in women, partner violence, marital rape, dowry abuse, murders, partner homicide, abuse of women with disabilities, forced pregnancy, forced suicide as well as homicide of widows for economic reasons, sexual abuse as well as the elderly face problems in relation to physical and psychological abuse.

Serious efforts on the part of Governments, Courts and Researchers have led to some milestones at the international level for the prevention of violence against women namely:

a. Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) 1979 which recognized violence as a part of discrimination against women which needed urgent remedy.
b. The World Conference on Human Rights of 1993 recognized violence against women as a human rights violation and further led to the UN Declaration on the Elimination of Violence against Women which was first in its type which explicitly defined and addressed violence against women.
c. International Conference on Population and Development 1994 which linked violence against women to reproductive health and rights and provided recommendations to governments to combat the same.
d. The World Health Assembly 1996 vividly declared violence as a major health issue and included intimate partner violence and sexual violence to be a major part of it.
e. The United Nations in 1999 declared November 25th as the International Day for the Elimination of Violence against Women.
f. The World Health Organization in 2002 published its and the first World Report on Violence and Health which addressed many types of violence and their obvious impact on the public health especially violence on women.
g. The World Health Organization in 2004 published its “Multi Country Study on Women’s Health and Domestic Violence against Women” surveying over 24,000 women from 10 countries and linked violence and health outcomes. It also documented various strategies and services which women can use to cope with especially intimate partner violence.
h. The UN Secretary Generals “In-depth study on all forms of violence against women” in 2006 was the first comprehensive International Document on this issue.
i. The Convention on Preventing and Combating Violence Against Women and Domestic Violence by the Council of Europe in 2011 is the second regional legally binding instrument on violence against women and girls.
j. The United Nations Commission on the Status of Women in 2013 adopted by consensus, Agreed Conclusions on the Elimination and Prevention of All Forms of Violence against Women and Girls. This is the first type of this kind as earlier there were not any such agreed upon conclusions.

STATEMENT OF THE RESEARCH PROBLEM

It was during the second half of 1970’s that social scientists in the west started conducting studies to find out the nature and the extent of violence against women in the intra-family network. Unfortunately in India very few studies have been conducted in this area except dowry related problems. However, from the late 1980’s a few isolated attempts have been made to find out the nature of the problem as well as the precipitating factors which led to violence against women.

Eventually, the need of the hour is to study the violence against women in a rapidly changing world because, basically the Indian community being a orthodox and rigid in its nature, it will be interesting to know about the modern women’s perception towards violence against women, Hence, the present research exercise was under taken in a form of Post Doctoral theses. The collected information was systematically analyzed by adopting quantitative method.

The analysis was systematically done by using the Statistical Package for Social Science, to maximize consistency and objectivity of the study with the help of coding key. To critically review them to have a composed analytical frame work to carry forward the present research.

CHAPTERIZATION

1. Introduction
2. Review of Literature
3. Methodology
4. Profile of the study area and study population
5. Emotional Violence and Determinants
6. Physical Violence and Determinants
7. Sexual Violence and Determinants
8. Regional analysis of Domestic Violence
9. Summary and Conclusion.
Bibliography

CHAPTER-2

REVIEW OF LITERATURE

Introduction:

Review of literature is a key step in research process. Review of literature refers to an extensive, exhaustive and systematic examination and publications relevant to the research. The review of literature provides a basis for future investigations, justifies the need for replication, throws light on the feasibility of the study, indicates constraints of data collection and helps to relate the findings of one study to another. Review of literature can play a vital role in a research project and it is a critical summary of research on a topic of interest. It is generally prepared to put a research problem in context or to identify gaps and weakness in prior studies so as to justify a new investigation.

One of the simplest ways of economizing an enquiry is to review and build upon the work already done by other research scholars. There are number of studies related to gender based violence, violence against women, abduction, domestic violence, rape, acid attacks, dowry related violence, etc, but most of them have concentrated on limited areas of interest. All the studies are not significant enough to be enumerate, however, an effort has been made to review and highlight briefly the objectives and findings of the important studies relevant to the present work in the following paragraphs.

2.1 Emotional Violence against Women

Elisabeth Meloni (2017) The study aimed to know how the professionals working with the assistance of women in violent situation in an inter sectorial network perceive the assistance. Thirty interviews were carried out with professionals of the health sector, social work, public security and legal system located in a mid-sized city of Sao Paulo State, Brazil. Using thematic analysis the results were classified in five categories: How women who suffer violence are perceived? Prejudices of the professionals. How the professionals perceive the assistance they provide? Emotions and feelings of the professional during the assistance. Barriers and progress related to the assistance. There are fragmented and stereotyped perceptions and the need to improve the existing structures, to prepare and to care of the professionals in order to humanize the assistance. To create special services and to invest in prevention is fundamental since there is a huge distance between the public policy proposals and the reality.

Murat Korkmaz (2014) Violence is a big problem that supposes embarrassment of societies both at national and international level. Violence doesn’t have a language, religion, belief, sex, age and race. The fact that international struggle along with national struggle to prevent violence is important should be always taken into account. This study aims to analyze domestic violence and the opinions regarding the reasons of this violence. The research lasted for ten months approximately. A three-part questionnaire was used as a measuring instrument in the research. In the first part, there are questions for demographic characteristics of the participants, 57-item scaled questions are in the second part and there are questions directed to determining the violence in the third part. Moreover, a preliminary test was applied to a total of 50 people before the research, and 0.872 was obtained as the coefficient following this preliminary test. Research population is composed of “Istanbul, Tekirdag, Ankara, Kayseri, Izmir, Diyarbakir, Bursa, Aydin, Antalya, Mersin, Adana, Trabzon, Ordu, Samsun veArtvin” cities from 5 regions of Turkey, and the research sample is composed of the randomly selected 221 individuals from these cities. Simple random sampling was used for selection of these participants. The research was subsumed under 5 factor dimensions and discussed in physical, sexual, psychological-emotional, economic and gender terms. Data obtained following the research were analyzed with SPSS 18 Statistics program. Non-parametric and parametric statistical tests were performed on data collected from the research. Cronbach’s Alpha Coefficient was found as 0.958 following the validity reliability analysis of data obtained.

In conclusion, it has been determined that violence against women is a common social problem. In this sense, it is inevitable to create a public opinion that it is a violation of a human right that can be seen at every place, age, education and income level, and this violence cannot have any reasonable grounds. Supporting the studies conducted, preventing violence that restrains women from being an individual and using the basic rights and freedoms and stopping the violence is the duty of every society, institution and individual.

Fereidon Vahida (2015) The main objective of the research is the identification of influencing factors on Mariticide and to achieve this objective, it was used of qualitative research method the data collection tools are in-depth interviews, which the main effective factors on Mariticide were obtained through encoding. The statistical community in this research is the whole men and women who at the time of research were imprisoned for Mariticide crime. Sampling method depends on the logic of qualitative sampling, in this method; the sample volume depends on the theoretical saturation, and thus, 14 persons (6 men and 8 women) were selected for the interview. The study results illustrate that the relationship of woman with another man outside the family rules is the most important factor in women Mariticide, however; it is obliged to mention that this factor itself derives from other factors. On men Mariticide, it should be said that; the suspicion of man towards woman and the patriarchal thinking are is the most important effective factor in men Matricide. However; it should be noted to rage and anger factor as the intermediate factor during murder.

Lorena Saletti-Cuesta (2018) The aim of this systematic review of qualitative studies is to explore the opinions and experiences of primary care providers regarding violence against women. Structured searches were conducted in nine bibliographic databases (March 2016). Study identification, critical appraisal (using the CASP tool), and analyses (thematic synthesis) were conducted. 46 qualitative studies were selected. Three main themes were identified: 1) Defining violence against women and its causes; 2) Awareness of violence against women and disclosure, with subthemes: 2.1.) Barriers experienced by primary care providers; 2.2) Facilitators for providing appropriate help; 3) Actions taken by providers to help women. Violence against women was generally considered as an unacceptable act with important health consequences. Barriers to address violence against women included organizational factors, providers' subjective feelings and perceived role, and providers' perceptions about women facing violence against women. Facilitators included a trusting relationship with women, attentive nonjudgmental listening, participate in the community, team-work and continuing education. Providing emotional support and offering information about resources were the main actions taken by primary care providers. Women- centred care, respecting women's decision making processes and a bio psychosocial approach may provide direction to more compassionate and supportive care while strengthening primary healthcare response.

Samuel A Olowookere (2015) We assessed the prevalence and correlates of intimate partner violence (IPV) to women living with HIV/AIDS in an antiretroviral clinic in Nigeria. Three hundred sixty respondents were interviewed using a structured questionnaire. Sixty percent were married, of which 24% had disclosed HIV status to their partner. About a quarter (23.6%) had experienced IPV since HIV diagnosis. Types of violence experienced were physical violence (17%), emotional violence (21%), and sexual violence (2%). Predictors of IPV included having a younger aged partner, disclosing status, and partner’s alcohol use (p =.001). Suggestions to prevent IPV include increasing public awareness and family counseling.

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¹ Assistant Professor in Sociology, Shree G.R.Gandhi Arts & Y.A.Patil Commerce College, Indi, Viayapura District, Karnataka, India

² Assistant Professor, Dept. of Social Work, Govt. First Grade College, Hunnur.Bagalakote District, Karnataka-587119, India

³ Associate Professor, Dept. of Sociology, Govt. college for UG, PG and Research Centre, Chittapur, Gulbarga University, Kalaburgi-585106, Karnataka, India