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To understand the essence of the word domestic violence first of all we should know the
meaning of the words domestic and violence separately. The word domestic means within
the realm or the territory of house. 1 And the word violence means ³action using physical
force and intended to hurt or kill someone to cause damage.2 Thus the word domestic
violence means ³an action or physical force which is being used within the realm or territory
of house to intended to hurt or cause damage any particular subject in the domestic
household´. In other words we can say that it is an unpleasant and destructive natural force
against the family member by one another.
1 c  
  
    
  
2 Little Oxford English Dictionary, 6th impression2007, Oxford university press, p.785.
   
   
 
Section 5 of Protection Of Women from Domestic Violence act, 2005, defines domestic
violence as follow-For the purposes of this Act, any act, omission or commission or conduct
of the respondent shall constitute domestic violence in case it
(a) Harms or injures or endangers the health, safety, life, limb or well-being, whether mental
sexual abuse, verbal and emotional abuse and economic abuse; or
or valuable security; or Electronic copy available at:
c  
   

 
2 By Dr.Tabrez Ahmad
, PoorvaKhandekar , Kundan Kumar Ojha , IpsitaMohanty , PriyankaBiswas
whether physical or mental, to the aggrieved person.3
3 Protection of Women from Domestic violence act, 2005.
4 c  
5 c  
6 c  
  
  
 !  
 !    "#$%c % 
%  ! &
7 Ibid 6.
8 Domestic Violence,
9 c  
 ,
Since, it has already been stated that it is the violence which takes place within the realm or
territory of house; it is palpable that the victims of such a violence will be the family
members. That is why it is to be said that domestic violence is an abuse which manifests
itself when a spouse or a family member violates another physically or psychologically. 4
Domestic Violence can take place between husband and wife, child and parent, people of
same sex as well as the people of different sex.5 Overall it can be said to be a preliminary
stage of a crime of power and abuse.6It is not consensual but rather a pattern of behavior used
by an individual to maintain coercive control over the other.7
c
'   
After examining the meaning definition of domestic violence its nature has been clarified at
some extent. The violence that is said to be used need not be physical in nature. Violence
against women can take up the forms of female foeticide, selective abortion, dowry
harassment, dowry deaths, physical abuse, mental violence, public trafficking and social
humiliation.8 But generally It includes all kinds of threat of abuse of physical, sexual, verbal,
emotional and economical nature that can harm or cause injury to the health, safety to life,
limb or well being, either mental or physical of the aggrieved person.9 c  
   

 3 By Dr.Tabrez Ahmad , PoorvaKhandekar ,
Kundan Kumar Ojha , IpsitaMohanty , PriyankaBiswas
'  
The word physical means Something related to body rather than mind or relating to things
that you can see hear or feel.10 Thus, physical violence is that violence or exercise of power
which has harmed the body. It is the intentional use of physical force with the potential of
causing bodily injury, harm, disability, or death.
10 Oxford pocket English dictionary,6th impression2007, Oxford university press,p.513.
11  

  
  , http://www.peoples-
The Protection of Women from Domestic Violence Act, 2005 defines sexual abuse as-
³Any act or conduct which is of such a nature so as to cause bodily pain, harm, or danger to
life, limb or health or compare the health or development of the aggrieved person and
includes assault, criminal intimidation and criminal force. Physical acts such as hitting,
slapping, pushing, kicking, threatening to harm constitutes physical abuse.
  '   
Violence which affects the human mind is called emotional violence. It is the deliberate act of
doing something to make the victim feel diminished or embarrassed or isolated. This type of
abuse is the hardest to spot because the injury is not physical or immediately visible. People
undergoing emotional abuse are often seen to suffer from depression which puts them at an
increasing risk of suicide, eating disorders, drug and alcohol abuse.
  

  )
Here, money is used as the means of having control over the partner. Thus we can say that
when the abuser has complete control of the victims money and other economic resources,
is called economic abuse.11 For example, if a person is earning for the fulfillment of his or
her necessities but he is not free to spend his or her money according to their interest, there is
another person commanding the expenditures, it is called economic violence.
Section 5 clause (iv) of Protection of women from domestic Violence Act discusses
economic abuse as deprivation of all or any economic or financial resources to which the
limited to, household c  
   

 4
By Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan Kumar Ojha , IpsitaMohanty ,
and maintenance; (b) disposal of household effects, any alienation of assets whether movable
any other property jointly or separately held by the aggrieved person; and (c) prohibition or
to use or enjoy by virtue of the domestic relationship including access to the) shared
household.12
12 What is financial or economical abuse (http://www.peoples-
13 Sexual abuse(
14 Bare act, protection of women from
15 Verbal abuse in relationship (
*  
 * )
Sexual violence is somewhat related to physical violence, because it also violates the body s
certain organs. It is any assault or unwanted act of a sexual nature. It can include anything
from exhibitionism and exposures to pornography to unwanted sexual touching, to rape, to
injuring or endangering the life or the victim.13 Section (3) clause (ii) of Protection of
women from Domestic violence act deals with sexual abuse as such- Sexual abuse includes
any conduct of a sexual nature that abuses huminilities, degrades or otherwise violates the
dignity of women.14Now a days child are also found to victim of sexual abuse.
)  )
Verbal abuse is giving its meaning itself as such type of abuse which hurts somebody
verbally or we can say that violence which is committed by the words either written or
spoken Is called verbal abuse. It is also called as revealing is a form of abusive behavior
involving the use of language. It is a form of profanity in that it can occur with or without
the use of expletives. 15 I c  
   

 
5 By Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan Kumar Ojha ,
IpsitaMohanty , PriyankaBiswas
16 Bare act, protection of women from
think verbal abuse is somewhat is responsible to create emotional or psychological abuse,
because if somebody verbally abuse to another then he got hurt and he started thinking and
which creates psychological abuse. The Protection of women from Domestic Violence act
2005 deals verbal and emotional abuse along with in section 3 clause (iii) of this act stated
that verbal and emotional abuse includes- insults, ridicule, humiliation, name calling and
threats to cause physical pain to any person in whom the aggrieved person is interested.16
     
Who is a perpetrator of Domestic Violence? Perpetrator of domestic violence can be anyone
between 17- 80 years. Can be of any sex, socioeconomic, racial, ethnic, occupational,
educational, and religious group. They can be teenagers, college professors, farmers,
counselors, electricians, police officers, doctors, clergy, judges, and popular celebrities as
well Perpetrators are generally of the same age or older than the victims. Perpetrators are not
always angry and hostile. Some of them might be suffering from psychiatric problems, such
as depression, post-traumatic stress disorder, or psychopathology but all abusers are not
mentally ill. Abusers differ in patterns of abuse and levels of dangerousness. While there is
not an agreed upon universal psychological profile, perpetrators do share a behavioral profile
that is described as "an ongoing pattern of coercive control involving various forms of
intimidation, and psychological and physical abuse." Perpetrators of domestic violence need
not be men only. It can be women as well when violence is perpetrated by women in the
family by mother, mother±in-law, sister-in-law, sisters, etc. While approximately 835,000
their own initiative. c  
   

 6
By Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan Kumar Ojha , IpsitaMohanty ,
'      
To understand why domestic violence occurs, we need to examine the psychological makeup
and background of perpetrators. Violence towards women occurs in a specific cultural
context of discrimination against women by many means and includes physical aggression
which has been tolerated and often legitimized. However, discriminatory attitudes do not
fully explain violence against women, as not all men raised in such cultures are violent.
Men may show violence when they feel threatened or attacked by some interaction with their
partner that touches on an area of low self-esteem. The interrelated pressures, internal and
external, which can create a perpetrator of domestic violence. Perpetrators are often young,
troubled, unemployed, and of low self-esteem; they have often experienced abuse (of various
types) themselves. However, these factors do not justify their abusive behavior.
Prevalent behavioral tactics by perpetrators include:
Abusing power and control: The perpetrator's primary goal is to achieve power and control
over their intimate partner. In order to do so, perpetrators often plan and utilize a pattern of
coercive tactics aimed at instilling fear, shame, and helplessness in the victim. Another part
of this strategy is to change randomly the list of "rules" or expectations the victim must meet
to avoid abuse. The abuser's incessant degradation, intimidation, and demands on their
partner are effective in establishing fear and dependence. It is important to note that
perpetrators may also engage in impulsive acts of domestic violence and that not all
perpetrators act in such a planned or systematic way.
+ 
 
) 
 )  
Usually, people outside the immediate family are not aware of and do not witness the
perpetrator's abusive behavior. Abusers who maintain an amiable public image accomplish
the important task of deceiving others into thinking they are loving, "normal," and incapable
of domestic violence. This allows perpetrators to escape accountability for their violence and
reinforces the victims' fears that no one will believe them. c  
  
 

 7 By Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan
Kumar Ojha , IpsitaMohanty , PriyankaBiswas
 ,
) 
Abusers often engage in an insidious type of manipulation that involves blaming the victim
for the violent behavior. Such perpetrators may accuse the victim of "pushing buttons" or
"provoking" the abuse. By diverting attention to the victim's actions, the perpetrator avoids
taking responsibility for the abusive behavior. In addition to projecting blame on the victim,
abusers also may project blame on circumstances, such as making the excuse that alcohol or
stress caused the violence.
 
  
  
 ) 
There is a common belief that domestic violence is a result of poor impulse control or anger
management problems. Abusers routinely claim that they "just lost it," suggesting that the
violence was an impulsive and rare event beyond control. Domestic violence is not typically
a singular incident nor does it simply involve physical attacks. It is a deliberate set of tactics
where physical violence is used to solidify the abuser's power in the relationship. In reality,
only an estimated 5 to 10 percent of perpetrators have difficulty with controlling their
aggression. Most abusers do not assault others outside the family, such as police officers,
coworkers, or neighbors, but direct their abuse toward the victim or children. This distinction
challenges claims that they cannot manage their anger.
 
 )
Perpetrators rarely view themselves or their actions as violent or abusive. As a result, they
often deny, justify, and minimize their behavior. For example, an abuser might forcibly push
the victim down a flight of stairs, then tell others that the victim tripped. Abusers also
rationalize serious physical assaults, such as punching or choking, as "self-defense." Abusers
who refuse to admit they are harming their partner present enormous challenges to persons
who are trying to intervene. Some perpetrators do acknowledge to the victim that the abusive
behavior is wrong, but then plead for forgiveness or make promises of refraining from any
future abuse. Even in situations such as this, the perpetrator commonly minimizes the
severity or impact of the abuse. c  
   

 
8 By Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan Kumar Ojha ,
IpsitaMohanty , PriyankaBiswas
It is equally important to acknowledge that abusers also possess positive qualities. There are
abusers who are remorseful, accept responsibility for their violence, and eventually stop their
abusive behavior. Perpetrators are not necessarily "bad" people, but their abusive behavior is
unacceptable. Some perpetrators have childhood histories where they were physically or
sexually abused, neglected, or exposed to domestic abuse. Some suffer from substance abuse
and mental health problems. All of these factors can influence their psychological functioning
and contribute to the complexity and severity of the abusive behavior. Perpetrators need
support and intervention to end their violent behavior and any additional problems that
compound their abusive behavior. Through specialized interventions, community services,
and sanctions, some abusers can change and become nonviolent.
  
 
This is an emerging issue about children facing domestic violence. There are perpetrators
who have positive interactions with their children, provide them with their physical and
financial needs and are not abusive towards them. There are also perpetrators who neglect or
physically harm their children. Although abusers vary tremendously in parenting styles, there
are some behaviors common among perpetrators that can have harmful effect on children.
  
Perpetrators can be rigid and demanding and rigid with their children. They often have high
and unrealistic expectations and expect children to obey without question or resistance. These
parenting styles are intimidating for children and alter their sense of safety around the
perpetrator. This perpetrator are more likely to use harsher form of physical discipline which
can make the children increasingly vulnerable to becoming target of domestic violence.
. /
) 
 0 
 
 ±
Some abuses of infrequently involved in the daily parenting activities of their children. They
may view their children as hindrances and become easily annoyed with them. Furthermore,
the perpetrators preoccupation with controlling the partner and meeting his or her emotional
needs c  
   

 9 By Dr.Tabrez
Ahmad , PoorvaKhandekar , Kundan Kumar Ojha , IpsitaMohanty , PriyankaBiswas
leaves little time to engage the children. Unfortunately, the perpetrators physical and
emotional unavailability can produce unrequited feelings of anticipation and fondness in the
children who eagerly await their attention.

The perpetrator s coercive and violent behavior towards the victim sometimes sends
children a message that it is acceptable for them to treat that parent in the same manner. More
overt tactics that weaken the victims influence over their children include the perpetrator
disregarding the victim s parenting decisions, telling the children that the victim is an
inadequate parent, and belittling the victim in the presence of the Children. Being victimized
by abuse can lead children to perceive the parent in a weaker, passive role with no real
authority over their lives.
 1

Some perpetrators use their children to meet their own emotional needs. Perpetrators may
expect their children to be immediately available only when they are interested and often
overwhelm them with their problems. This can result in children feeling burdened and
responsible for helping their parent while their own needs are neglected.
 
To gain power in the home, perpetrators may manipulate their children into aligning against
the victim. Abusers may make statements or exhibit behavior that confuse the children
regarding who is responsible for the violence and coerce them into believing that they are
preferable parent. Abusers also may direct or indirectly use their children to control and
intimidate the victim. Perpetrators sometimes threatened to abduct, seek sole custody of, or
physically harm the children if the victim is not complaint. Sometimes these are threats
exclusively and the abuser does not intend or really want to carry out the action, but the
threats are perceived as real. c  
   

 
10 By Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan Kumar Ojha ,
IpsitaMohanty , PriyankaBiswas
+   '   
Society contributes to domestic violence by not taking it seriously enough and treating it as
expected, normal, or deserved. Specifically, society perpetuates domestic violence in the
following ways:
Police may not treat domestic abuse as a crime, but, rather, as a ³domestic dispute´. Courts
may not award severe consequences, such as imprisonment or economic sanctions. Clergy or
relationship can work, given more time and effort. People may have the attitude that the
abuse is the fault of the victim, or that abuse in normal part of a marriage or domestic
partnerships. Gender- role socialization and stereotypes condone abusive behavior by men.
22.34+52Ë4 4 26c2(4  2(.(
' 
    
    
Victims of abuse can be found in all economic classes and can be of either sex. They can be
wealthy, educated and prominent as well as uneducated and financially destitute. Victims of
domestic violence can live in rural towns, urban cities, and subsidized housing projects and in
gated communities. The over presentation of the under privileged women in domestic
violence crime reports may be due to several factors including the fact that those seeking
public assistance and services are subject to data tracking trends that often capture this
information. Victims of domestic violence who have higher incomes are more likely to seek
help from private therapist or service providers who can protect identity through
confidentiality agreements.
  0
  
'*
An abusive tactic used by perpetrators is to accuse their partners of ³making´ them violent.
This accusation is even more effective when the perpetrator and other people tell the victim
that he or she deserved the abuse. As a result, many victims remain in the abusive
relationship because they believe that the violence is their fault. Many victims make repeated
attempts to change their behavior except for the perpetrator. T he perpetrator is accountable
for the behavior and responsible for ending the violence. c  
  
 

 11 By Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan
Kumar Ojha , IpsitaMohanty , PriyankaBiswas
  
 ) 
 
%
Although approximately one-third of victims of domestic violence experience more than one
abusive relationship, most victims do not seek nor have multiple abusive partners. Victims of
domestic violence who have a childhood history of physical or sexual victimization may be at
greater risk of being harmed by multiple partners.
   %
'     %
Some people believe that victims of domestic violence are mentally ill or suffer from low
self-esteem. Otherwise, it is thought that they would not endure their views. In a fact a
majority of victims does not have mental disorders, but may suffer from psychological effects
of domestic violence, such as post traumatic stress disorder or depression. However, there is
relationship. In reality some victims of domestic violence experience a decrease in self-
esteem because their abusers are constantly degrading, humiliating and criticizing then,
which also makes them vulnerable to staying in the relationship.
  0
  '
 %
Victims of domestic violence are passive while others are assertive. Some victims actively
seek help, while others may refuse assistance. Victims are diverged group of individuals who
possess unique qualities and different live situations. Victims of domestic violence may not
always want help and their reasons vary. They may not be prepared to leave the relationship,
they may be scared that their partners will harm them, or they may not trust a person if past
efforts to seek help has failed.
  
 
    
    
Innumerable women who silently suffer assaults and abuses everyday inside every second
home across the country can now perhaps look forward to a remedy that protects their
vulnerable c  
   

 12 By
Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan Kumar Ojha , IpsitaMohanty ,
position. The phenomenon of domestic violence is widely prevalent but has remained largely
Though both the criminal and legal remedy for domestic violence perpetrated on women
existed under different sections of the Indian Penal Code (IPC), the civil law did not address
the issue in its entirety.
Extensive consultations among representatives of several NGOs such as the Lawyers'
Collective, the National Human Rights Commission, the National Commission for Women
and the Ministries of Home Affairs, Health & Family Welfare, Social Justice &
Empowerment, Elementary Education, Justice and Legal Affairs & Legislative Department
during the past few years led to the drafting of the bill, which seeks to meet the existing gap
in the legal framework. Giving details, a Ministry official told this correspondent that while
giving explicit recognition to the legislative intent, the bill will also dovetail with the
liberalized provisions for maintenance under Section 125 of the IPC.
The new legislation - which is in addition to the existing criminal law - would empower
courts to grant protection orders to victims of domestic violence and provide other relief. It
also includes new concepts such as ``civil wrong of domestic violence, the right to reside in a
shared household and the right to protection against domestic violence by obtaining
protection orders including monetary relief and custody of children orders''.
 24 
2 
6 c  
It is a central acts extending to the whole of India expect Jammu & Kashmir. It came into
force on 26th October 2006.The offences under this are cognizable and non-bailable.
The Act covers those women who are in relationship with the abuser or where both parties
have lived together by consanguinity or by marriage, are entitled to legal protection under
this Act.
 6 24%
It provides for the appointment of protection officer who can provide the aggrieved person
with legal aid, medical examination and safe shelter.
The Act stipulates that the magistrate shall look on the application with 60 days from the first
day of hearing. c  
   

 13 By
Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan Kumar Ojha , IpsitaMohanty ,
It provides for rights of women to secure and reside in her matrimonial house or shared
household whether she has a title by the order of the magistrate.
     c  
The domestic violence and dowry laws perpetuate domestic violence, rather than curb it. The
Domestic Violence Act, 2005 as been drafted poorly. It lacks provisions for men to complain
against a woman for harassment. According to me the society is actually within us and each
one of us comprises it. This article is in continuation with the same. The failure of an
individual to comply with a particular situation is passed as a generic blame to the society and
an individual decision is presented as a societal norm.
They say society is basic to civilization and family is the unit of society, for which marriage
forms the basis. But, the way the government has formulated the marital laws, heavily
lopsided to one particular gender (the female gender), the institution of marriage is sure to
break down to an unnatural death sooner or later. The Indian Penal Code (IPC) 498A (cruelty
by husbands and relatives on married woman); Domestic Violence Act 2005, have though
been conceived with an intention to provide protection to women, have been drafted and
implemented so badly, that they have become handy tools in the hands of unscrupulous
women and their parents to harass their husbands and in-laws.
The provisions contained within these laws are very lucrative for any person wishing to use
(read misuse) to realize nefarious designs, to resist misusing these laws. The moment a
complaint comes to a police station regarding dowry harassment, without even going into the
merits of the complaint or the process of investigation, the husband s side is arrested and
made to undergo undue harassment. Such an easy provision to get the whole family arrested
with a single complaint based on imaginary and cock and bull stories can never act as a
positive catalyst in saving a marriage. Especially, when the case is taken back if ransom is
paid as demanded.
Domestic Violence Act, 2005, on the other hand, is another such legal provision, which
attracts a lot of females, exasperated with their expectations of a marriage or a live-in
relationship, to file cases under various provisions and seek relief. Moreover, it makes it
mandatory for a judge to c  
   

 
14 By Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan Kumar Ojha ,
IpsitaMohanty , PriyankaBiswas
pass relief under such an Act, as only the affidavit of the complainant woman is taken as
evidence. So in short, allege and get relief is the mindset reflecting in the law. The
concept of Ämatrimonial home is so badly drafted in it that going by pure literary sense, it
qualifies any household where the couple stayed together as a matrimonial home, granting the
complainant rights on it. It has started becoming a handy tool to evacuate senior citizens from
the house of their own earnings.
Moreover, allowing the woman to put in allegations without signature is another factor that
tempts the miss user of the law to intensify activities. Allowing the respondent to be
convicted on sole testimony by the complainant of non-compliance of Protection Orders
passed, as under Section 31, is directly violating Article 14 of the Constitution of India,
which says, ³The state shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.´ If that be so, how can sole testimony of
one person be used to convict another person?
Moreover, the Act also allows multiple maintenance litigations to be admitted, as under
Section 20 and 22, heard and maintenance be granted in tandem with maintenance provisions
under Section 24, Hindu Marriage Act and 125 of the Code of Criminal Procedure (CRPC).
This is direct violation of Article 20, clause 2, which says, ³No person shall be prosecuted
and punished for the same offence more than once.´
In addition to the above, in spite of international studies on domestic violence proving
beyond doubt that both men and women are equally prone to be victims of domestic violence,
which means the possibility of females perpetrating domestic violence cannot be ruled out.
Yet, there is no provision in the Domestic Violence Act, 2005 for men to make complaints or
to make a complaint against a woman. So a man/woman facing domestic violence at the
hands of another female have no redress to his/her concerns and will continue to suffer. Such
legal provisions lacking completeness, gender equality and compliance with the Constitution
should be banned outright as they do more harm than intended. c  
 
  

 15 By Dr.Tabrez Ahmad , PoorvaKhandekar ,
Kundan Kumar Ojha , IpsitaMohanty , PriyankaBiswas
 
Domestic violence is one of the severest forms of violence against women. It cannot be
controlled only by the help of laws. As Most of the cases of abuse go unnoticed or
unreported. Society and traditions, in some cases, sanction abuse by creating conditions for
the victims to accept violence as a norm. Countries where domestic violence is most
prevalent either lack proper legal frameworks to proscribe abuse or mechanisms to implement
laws against abuse. Male population is generally apathetic to the consequences of this abuse
even when many among them would not like to indulge in such a practice. There is no proper
education of sexual relations as well as of responsibilities of adults who decide to live in a
permanent relationship. c  
   

21 By Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan Kumar Ojha , IpsitaMohanty ,
The following measures are suggested to solve the inter-related issues of domestic violence.
There should be mass awareness targeting male members of society. In my country, media
has played a great role in deepening an aversion for violence particularly domestic abuse
against women. In addition, religious scholars may also play a great role in strengthening the
understanding against abuse.
Human Rights education must be made a compulsory part of curriculum through secondary
Good legal framework, sanctioning penalties and providing protection, need to be evolved
where there is none. The implementation of such framework will enhance the number of
reported cases and highlight the gravity of the issue.
There should be women empowerment including political, economic and social
empowerment of women, the most important point is to empower young girls to reject
violence psychologically. This can be done through education and training of girls and boys,
not merely in formal institutions, but also through domestic training by their mothers, aunts,
elder sisters and other older members of family seeking to inculcate the respect of women as
a fundamental family value.
5)   '
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New York: Routledge, 1994. c  
   

 
23 By Dr.Tabrez Ahmad , PoorvaKhandekar , Kundan Kumar Ojha ,
IpsitaMohanty , PriyankaBiswas
 
'  
 
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*  
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