Dr. H. Santhosakumari
Assistant Professor of History, Scott Christian College, Nagercoil.
Introduction
Violence against women is human rights violation. Human rights are generally defined as those rights which are inherent in our nature and without which we can not live as human beings. The recognition of these natural rights of human beings was an ancient phenomenon as the human civilization.
It is a paradox of modern civilization that with rising women assertion, crime, violence and discrimination against her are also rising persistence in India of cultural practices that discrimination against girls and women means not only the abuse of but finally death of countless women. Women constitute almost half of the total population in the world.
Many women acquired an economic independence and social status but in some countries women still continue to occupy a lonely, disadvantages and every humiliating position. Gender injustice taking the shape of crimes against women has escalated all over the world and India is no exception. Male violence crosses class boundaries and has no assumption with developing or developing countries.
Exploitation of women at home and outside continues in most parts of the country. Male superiority and adverse conditions for women are still prevalent. The emancipation of women and the achievement of full equality between sexes must always be the primary objectives of any society. The denial of such equality perpetrates injustice and violence against women.
Violence against women implies any act of gender based violence that results in physical, sexual and psychological harm or suffering to women as well as threats of such acts coercion or arbitrary deprivation of liberty, whether occurring in public and private life.
The UN commission on the status of 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 acts, coercion or arbitrary deprivations of liberty, whether in public or private life”. There is no women who has not suffered at one time or another the harassment, humiliation, exploitation and violence that shaded her sex. Violence against women is not a myth but a reality. It is a global phenomenon.
Domestic Violence (DV)
Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate or harm the other. Terms such as Intimate Partner Violence (IPV), Wife beating, Wife battering, domestic abuse, spousal abuse have been used synonymously.
The practice of husband assaulting his wife is socially traditional but not legally legitimized. Domestic violence is not directly associated with a particular section of society- low, middle or high income group. Violence is persistent at all level only the degree varies.
Violence resorted buy the male towards his wife is not a one time feature usually it is a recurrent behaviour. Physical violence with the intention of causing injury, harm, disability or death. Psychological violence is mostly in the form of verbal abuse-threats humiliation, make the victim embarrassed isolated.
Physical, psychological violence or both can destabilize women and induce her to hitting back running away attempt suicide, retaliate and become mentally deranged and mar her dignity. Most often the women remain silent about domestic violence. They do not report to authorities for fear of social disgrace and criticism from parents. Sometimes in the fear of more instances of domestic violence. Controlling victim’s money and other economic resources, preventing victim from seeing friends and relatives, sabotaging victim’s social relationships.
Violent behaviour of the husband does not stop with abusing only the wife it sometimes extends to his children. Witnessing violent scenes can mentally upset them. They develop stress related problems, can lose self confidence. Children who experience violent childhood are more likely to grow up and assault their wives. Low self-esteem of the children would tempt them to resort to alcohol crimes drug abuse.
A study conducted by a Chennai based non-governmental organization called Nandini showed that women from lower income group were beaten, abused by their husbands who were under the influence of alcohol.
The problem of violence against women is not new in Indian society. According to the report of National Crime Report Bureau analysis in our country one women becomes victim of rape in every 54 minutes, one outraging modesty in every 29 minutes, one dowry death in every 42 minutes one kidnapping in every 43 minutes, one eve teasing in every 51 minutes and one torture to women in every 33 minutes. Thus the conclusion of the analysis is that in every 7 minutes, one woman is victimized by crime in India. The Government has also ratified various international instruments which prohibit violence against women. The latest are the UN Charter on the Rights of the Child in 1991 and Convention for Elimination of Discrimination against Women, signed in 1979 and ratified in 1993. Some of the criminal laws includes relevant provisions in the Indian Penal Code.
The need for protection of rights of women gained global recognition during the International Decade for women and has steadily gained momentum. Since then this recognition became an international law in 1979 when the United National General Assembly adopted the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). Many countries have passed laws against DV.
In India legislations have been enacted to protect women from violence. The preamble of the constitution gives equality of status and opportunity for both the sexes.
73rd and 74th Amendment was made in the Indian Constitution to have the reservation of seats of Women in election to Panchayats and Municipalities Criminal Acts were amended in 1983 and 1986 to create special categories of offences dealing with cruelty to wives, dowry harassments and dowry deaths.
The Government of India has included Domestic violence in IPC 498-A in 1983 to deal with cruelty of husband and his relatives.
The Bill adds the definition of DV
- harassment which causes distress to a women
- any act which is unbecoming of the dignity of woman
- any other act or omission or commission which is likely to cause. Mental torture or Mental agony to the woman
A new section was introduced. Sec 498 B to IPC to punish domestic violence with a term of imprisonment of up to 3 years and a fine. And also the amendment of the Domestic Violence Act in the year 2005.
Conclusion
Domestic violence affects women’s health, self esteem and ability to participate in Development process. Though laws are necessary to provide basic rights and to punish off enders. What is required is a more holistic approach to dealing with the phenomenon of violence against women.
The battle for women’s cause is long and tough. Effectiveness in solving and curbing violence against women is possible through a co-ordinated effort from Jurists, Police and Administration. Ensuring safety for women would be the basis for a more human society.
References
- S. Mehartaj Begum, Human Rights in India issues and perspectives.
- Ram Ahuja, Violence against Women, Rawat Publications, 1998.
- Savitri Goonesekere, Violence, Law & Women Rights in South Asia (Ed.), Sage Publications.
- V.S. Ganesamurthy, Empowerment of Women in India (Ed), New Century Publications, New Delhi, 2008.