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Disertation Project

This dissertation examines domestic violence against women in Bihar, highlighting its prevalence and the socio-cultural factors contributing to it. It discusses the historical context of women's rights in India, the impact of patriarchy, and the rising rates of domestic violence, emphasizing the need for awareness and intervention. The study aims to shed light on the complexities of domestic violence as a social issue and calls for effective strategies to address it.

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0% found this document useful (0 votes)
29 views109 pages

Disertation Project

This dissertation examines domestic violence against women in Bihar, highlighting its prevalence and the socio-cultural factors contributing to it. It discusses the historical context of women's rights in India, the impact of patriarchy, and the rising rates of domestic violence, emphasizing the need for awareness and intervention. The study aims to shed light on the complexities of domestic violence as a social issue and calls for effective strategies to address it.

Uploaded by

alexarout44
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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DOMESTIC VIOLENCE AGAINST WOMEN “A CASE STUDY OF

WOMEN IN BIHAR”

Dissertation submitted to Central University of South Bihar in


Partial fulfillment for the degree of M.A. in Social Work.

Collective Reasoning

Ritesh Kumar
Session-2020-22

DEPARTMENT OF SOCIOLOGICAL STUDIES SCHOOL OF


SOCIAL SCIENCES AND POLICY CENTRAL UNIVERSITY
OF SOUTH BIHAR GAYA 824236
2022

1
DOMESTIC VIOLENCE AGAINST WOMEN “A CASE STUDY OF
WOMEN IN BIHAR”

Thesis submitted to Central University of South Bihar in Partial


fulfillment for the degree of M.A. in Social Work.

Collective Reasoning

Ritesh Kumar
Session-2020-22

DEPARTMENT OF SOCIOLOGICAL STUDIES SCHOOL OF


SOCIAL SCIENCES AND POLICY CENTRAL UNIVERSITY
OF SOUTH BIHAR GAYA 824236
2022
2
“Department of Sociological Studies”

Name:- Ritesh Kumar


Program of Study:- M. S. W.
Enrollment No.:- CUSB2001322017
Semester:-
4th
Course Code:- MASWK4003E04
Course Title:- Dissertation
Submitted By:- Ritesh Kumar
Submitted To:- Dr. Parijat Pradhan
Submission Date:-

3
“I AM UNCOMPROMISING IN THE MATTER OF WOMAN’S
RIGHTS. IN MY OPINION, SHE SHOULD LABOR UNDER NO
LEGAL DISABILITY NOT SUFFERED BY MAN. I SHOULD
TREAT DAUGHTERS AND SONS ON AN EQUAL FOOTING OF
PERFECT EQUALITY.” – MAHATMA GANDHI.”

4
DECLARATION

The work embodied in the thesis entitled “DOMESTIC VIOLENCE


AGAINST WOMEN: A SOCIOLOGICAL STUDY” was conducted at
department for Sociological Studies under School of Social Sciences
and policy, Central University of South Bihar Gaya , in Partial
fulfillment of the requirement for the award of M.A. degree in Social
Work of Central University of South Bihar. The work has not been
submitted in part of full, to this or any other university or institution,
for any degree or diploma. It is my original work.

Date: Signature

5
Certificate

Dated:

This is to certify that the thesis entitled “DOMESTIC VIOLENCE


AGAINST WOMEN: A SOCIOLOGICAL STUDY” submitted by Ritesh
Kumar Enroll No.- CUSB2001322017 in Partial fulfillment of the
requirement for the award of M.A. degree in Social Work of Central
University of South Bihar has not been previously submitted for the
award of any Degree/Diploma of this or other university or and it is
his/her original work.

Dr. Anil Kumar Singh Jha Dr.Parijat Pradhan


(Head) (Supervisor)

6
ACKNOWLEDGEMENT
I have great pleasure to express my deepest gratitude and obligation to
Dr. Anil Kumar Singh Jha (HOD I/C Centre for Sociological
Studies, Central University of South Bihar), for his expert guidance
and support throughout the period of this work. And I cannot go ahead
without mentioning the helps guidance and precious
inputs given by my teacher Dr. Parijat Pradhan (Centre for
Sociological Studies, Central University South Bihar), Dr. Haresh
Narayan Pandey (Centre for Sociological Studies, Central University
South Bihar), Dr. Jitendra Ram (Centre for Sociological Studies,
Central University South Bihar), Dr. Priya Ranjan (Centre for
Sociological Studies, Central University South Bihar), Dr. Sanat
Kumar Sharma (Centre for Sociological Studies, Central University
South Bihar). I am extremely thankful to them for making me what I
am. I am thank my guardian Jaishri Kumar Singh Yadav and Shail
Kumari, my friends Santosh Kumar, Tanuja Bharti and Thejus R.
Who have directly or indirectly encouraged and helped me continue on
this project until it come to finish.

Thanks
Ritesh Kumar

7
Table of Contents Page No.

Chapter 1-Introduction 09-42

Chapter 2- Domestic violence “Some facts” 43-59

Chapter 3- Case Studies 60-67

Chapter 4- Design of Research 68-96

Chapter5- Summary and Conclusion 97-100

Bibliography 101-107

List Of Table 108-108

Abbreviations 109-109

8
CHAPTER-I

INTRODUCTION
Domestic violence is a widespread problem throughout the developed and
developing world and makes serious impact on quality of human life and broader
development. Violence against women is the manifestation of a historically
unequal power relationship between men and women. It is a conditioned response
and is not natural or born of biological determinism. In the olden days, violence
against women was a result of the prevalent atmosphere of ignorance and
feudalism. Today violence against women is an uncontrollable phenomenon,
which is a direct result of the rapid urbanization, industrialization and structural
adjustment programmes which are changing the socio-economic scenario of our
country. In this land where non-violence has been preached as a way of life for
thousands of year and where women have been worshipped in the image of
Durga, Saraswati and Lakshmi, it is shocked to observe the brutal reality of
women’s existence (Sharma 2000).

In Indian society the problem of violence against women in the family is


not new. Women in our society have been the victims of humiliation, torture and
exploitation from the time immemorial irrespective of the fact that they were also
worshipped. Family is considered as the first agency, which provides not only
emotional and material support to its members but also serves as basic source of
personal satisfaction, socialization and social control. It works as a link between
continuity and change and as an important source of stability and support. Human
development can only be enhanced by enriching family life. On the other side
actual practice, due to patriarchy in our family system, the family does not give
equal importance to all members as role, power and status are strictly determined
by age and gender. More over, family being considered as a private domain, even,
abuse, exploitation, injustice, discrimination and violence are allowed in our
patriarchal structure. Gelles (1983) in his writings gave a clear picture of the
family role. He not only considered family as the source of love, sympathy and
support, but also the source of inequality, exploitation and violence.

9
Women in India through the ages have been victimized, humiliated,
tortured and exploited. There have been incidents of murder rape, abduction and
torture from time immemorial. In spite of such a dark past violence against
women has not been given much attention. More, so, no attempts was made on
the issue of why such a socially relevant theme has been left neglected and
ignored. Violence affects the lives of millions of women world wide in all socio-
economic and educational classes. It cuts across cultural and religious barriers,
impeding the rights of women to participate fully in society.

The family is the first and the foremost agencies of socialization and social
control. In India, domestic violence has been directly related to status and role of
the individuals in the family. Family, apart from providing security and emotional
support, fulfills certain essential and non essential functions. It provides the safest
and the most secure environment to an individual to grow. But due to the fact
family consists of the crystallized and legitimized, socially and culturally
constructed rigid gender based roles and in a patriarchal set up there are
fundamental inequalities between men and women. These inequalities have been
a part and parcel of the Indian families for year. From vedic times, the traditions
and practices showed women enjoying equal status but later on in the Smritis, the
status of women began to decline. The women’s freedom and rights were
curtailed. The practice such as child marriage, denial of education to women and
polyandry etc became quite prevalent during those times.

In the medieval period, the deterioration in the status of women brought


even more malpractices such as the purda and devdasi system. In the later period
the illegitimate sexual exploitation of the devdasis became a norm in some parts
of India.

The post industrial era, with the advancement in technology brought


significant structured and role changes in the family. The women now had two
roles to perform one in the family and the other at the work place. The burden of
this additional role called for not only redefinition of the rigid gender based roles
but also required a shift in the mindset of the people, which did not take place till
today. There is insecurity and instability in the relationships of the most spouses.
The pressures thus, created have made family a store house of the most perverse
kinds of violence one of them being domestic violence.

Domestic violence in India came in to sharp focus in 1980s when there was
a widespread coverage by the mass media of the growing incidence of torture of
brides, dowry deaths and protests against some heinous incidents of domestic
10
violence. India’s commitment to eliminate violence against women becomes
more obvious when India became a signatory to convention on elimination of all
forms of discrimination against women in 1980. The reporting increased even
more, after 1981 and then 1984, after the amendment of social laws and when the
women’s liberation movement identified and responded to the issue of women
violence recognized by the eleven critical areas of concern after being a part of
the 4th world conference on women at Beijing in 1995.

Strauss (1977) has highlighted this culture of violence through folk verse:

“A women, a horse, and a hickory tree, The more you beat them, the better
they be”.

This attitude has its echoes across cultures. In India a great mystic poet
Tulsidas Wrote:

Dhol, Ganwar, Shudra, Pashu our Nari, Yeh sab taran ke adikari.

A rustic uncultured, schedule caste, animal and women, they all deserve to
be beaten regularly. Women is the sufferers in the hands of men all over the world
perhaps women were free and equal in quite very old times. Gradually, the
women were treated as inferior and more over, they treated them selves inferior.
The lack of physical power leads to general timidity in women. During the middle
ages, cruel and inhuman treatment was meted out to them. They followed the holy
scriptures in which they were told to get happiness by submissiveness. The
women sacrificed every thing including their lives. The higher the sacrifice, the
higher the salvation become a motto for women, in reality, women rarely had an
identity apart from the given to them as wives, mothers and daughters. Although,
they were worshipped as deities at home, they were treated as second class
members of the family. What was the reason for this? Some historians felt that it
was because of the fire which tied the women to kitchen, while other think that it
was due to needed protection on foreign invasions. Another reason supported is
the patriarchal system where girl is to leave her parents place and go to her
husband’s place. The girls being alone in the new family, it became easy to
subject her with various atrocities. The ancient custom of ‘swayamvaram–
choosing the husband was replaced by arranged marriages. Then the custom of
dowry became the steel frame of marriage, the parents wished to have sons, who
may fetch cash and dowry. On the other hand, the daughters were never
welcomed and the mother wished themselves dead and cursed on the birth of a
female child. Infanticide was practiced and a law had to be passed to stop it. The
11
women were tortured physically as well as mentally in their own homes. The
women were treated as salves and idiots. The women were made to put on
‘Purdah’. They could not own any property. She had no personality of her own.
In India, it was worse. She was told to serve her husband and in laws. She was to
call her husband as ‘Swami’ (owner) and she the ‘Dasi’ (slave). In literature, the
woman was relished to cherish sex. In India, the pitiable condition continued
during Mughal and early British period. The cruelties were so much like
infanticide, child marriage bigamy, sati, abduction and various other physical and
mental cruelties that the atmosphere forced for some reforms. Social reformers
like Raja-Ram Mohan Roy, Swami Dayanand and Swami Vivekanand and other
took up cause of women and several laws were enacted to improve the position
of women.

Domestic violence victimization of women, with in the boundaries; usually


by men (or his family) to whom they are married or with whom they have
marriage like relationship. Violence can be both physical and psychological. It
indicates the art or aggressive behaviours towards her not only to her physical
being but towards her self respect and self confidence. Psychological violence is
carried out with psychological weapons (threats/insults/humiliating treatment/
denial of human existence) rather than physical attack. Physical violence includes
all types of aggressive physical behaviour by husband or his family towards the
women’s body (victim). Sexual violence could include both passive (denial) or
active violence. Domestic violence could include occasionally be seen in other
relation also (i.e. by parents; brothers or others in parents family).

The argument of domestic violence is not new to us. And our experience
shows that the weeds of violence can never make for a field of Promise and
Plenty. It is a matter of regret that in this land of the Buddha, Akbar and Mahatma
Gandhi, there should be domestic violence. Domestic violence knows no age,
socio-economic, religious, gender or educational and barriers. It is a myth that
only the poor and uneducated are victims of domestic abuse. Most studies
indicated that there is also a high incidence of spousal abuse in the more affluent
neighborhoods. Although a poor victims faces the terrible problem of not having
resources available.

12
STATEMENT OF THE PROBLEM
Crimes against women and girl children are on the rise and the place, which
we think is safer, is no longer secure. The changing time in todays world have
encouraged many women to seek their own identity, the value and the worth of
their lives, through the contribution they make to the family andsociety at large.
She now wants to be regarded as an individual with feelings, aspirations, desires,
as a 'human' person. The women are demanding the male-dominated society, their
due respect, dignity and status especially at the work place, where some of them
face sexual harassment and gender discrimination.

Unfortunately, many women today fall victims in the hands of those men
who fail to respect and recognize a woman in her own identity for a variety of
reasons. The outcome is domestic violence, battering, torturing both mental and
physical.

Though the main reason for domestic violence remains unequal gender
relations, other contributory factors include poverty, unemployment and financial
constraints. The contemporary society also faces many other challenges like extra
-marital relationships, consumerism, dual earner familial system, alcoholism;
growing communication and networking in the society but decreased
communication between the spouses due to their busy lives etc.,

Domestic violence is a serious problem around the world. It violates the


fundamental human rights of women and often results in serious injury or death.
Rate of crimes against women are increasing day to day. Torture cases (Cruelty
by Husband & Relatives) (Sec. 498 A IPC) in the country have increased from
89,546 to 1,18,866 cases in one year. The cases of dowry deaths (Sec. 302, 304B
IPC) which were reported are 8083 which brings the total number of 3,00,357
crime against women in 2013 (Statistics from National Crime Records Bureau's
Crime in India 2013).

The past 20 years has been a period of awakening, innovation, and growth
in the field of violence against women around the world (Edleson & Eisikovitis,
1996). Public policies have been developed, shelters have been built, domestic
violence programs implemented, and court systems designed specifically to
address the needs of battered women and their children. How to take advantage
was all we had learned in these past 20 years; provide intervention and prevention

13
strategies for women is now of current interest to activists, researchers, and
practitioners (Edelson & Eisikovitis 1996). So, domestic violence as a social
problem is relevant subject to be studies at this juncture.

Definition of Domestic Violence


Domestic violence represents a serious abuse of power within family, trust
or dependency relationships. It undermines the basic rights of people who
because of the gender, age, disability or dependence, are most vulnerable to
abuse. It is further defined as a serious social and criminal problem that can result
in the death or disablement of victims. It can involves killing or physical and
sexual assault. It also involves other forms of abusive behaviour, such as
emotional abuse, financial deprivation and exploitation and neglect. Domestic
violence often remains a hidden problem which has long lasting effects on is
victims. United Nation’s framework for nodal legislation on domestic violence
states that all acts of gender-based-violence physical, psychological and abuse by
a family members against women in the family, ranging from single assault to
aggravated physical battery, kidnapping, threats, intimation, coercion, stalking,
humiliating verbal use, forcible or unlawful entry, arson, destruction of property,
sexual violence, marital rape, dowry or related violence, female genital mutilation
violence related to exploitation through prostitution, violence against household
workers and attempts to commit such acts shall be termed domestic violence. The
problem of domestic violence in India stems from a cultural bias against women.
Women who challenge their husband’s right to control their behaviour or who
ask for household money or step out of the house without permission may face
violence. This process leads men to believe their notion of masculinity and
manhood, which is reflected to the degree by which they control their wives.

The definition of ‘domestic violence’ has included ‘physical abuse’ ‘sexual


abuse’ and ‘economic abuse’. It is important to clarify here the concept of
‘violence’ this has been described by Makwana (2009) has defined violence as
“the overtly threatened or overtly accomplished application of force which result
in the injury or destruction of persons or their reputation”. Thus rape, kidnapping,
murder, wife battering, sexual abuse, eve teasing are all examples of violence
against women.

Domestic violence is any act of physical, sexual or psychological abuse, or


the threat of such abuse, inflicted against a women by a person intimately
connected to her through marriage, family relation, or acquaintanceship. It is

14
universal and has its root in the socio cultural set up of the society (Heise et al.
1999).

The definition of Domestic Violence as implied by law is especially critical


as it defines standards and thus impacts broader social perception of the problem.
Elements of the definition that need to be considered are, then, the boundaries of
relationship between the perpetrator and the abused, the norms of acceptable
behaviour and the specific acts that constitute violence. The frequent
understanding of domestic violence against women is that it is limited to physical
harm perpetrated on adult women within a marital relationship. While this
conception may capture a large universe of the experience of women, it is
predicated on the assumption that women primarily live in nuclear families.
However, there are varieties of living arrangements ranging from joint families
to nuclear families, to single parent families. Women may also be found in an
established relationship or in the process of divorce or separation. Violence may
not always be restricted to current husband but may extend to boyfriends, former
husbands and other family members, such as parents-in-law and in-laws. A
definition of Domestic Violence that covers these multiple dimensions would
lead to interventions that are more inclusive of the experiences of the women.

In the Domestic Violence Act, 2005, domestic violence has been defined
as, any act, omission or commission or conduct of the respondent shall constitute
domestic violence in case it:

(a) Harms or injuries or endangers the health, safety, life, limb or well being,
whether mental or physical, of the aggrieved person or trend to do so and includes
causing physical abuse, sexual abuse, verbal and emotional abuse and economic
abuse; or

(b) Harasses, harms, injures or endangers the aggrieved person with a view to
coerce her or any other person related to her to meet any unlawful demand for
any dowry or other property or valuable security; or

(c) Has the effect of threatening the aggrieved person or any person related to her
by any conduct mentioned in Clause (a) or Clause (b); or

(d) Otherwise injuries or causes harm, whether physical or mental, to the


aggrieved person.

Keeping in view the social and cultural aspect of Indian society, we can define
domestic violence as all acts of gender-based physical, psychological and abuse
15
by a family members against women in the family, ranging from single assault to
aggravated physical battery, threats, intimidation, coercion, humiliating, verbal
use, sexual violence, marital rape, dowry or related violence, violence against
household workers and attempts to commit such acts shall be termed as domestic
violence.

Domestic violence is a pervasive serious social malady and a major health


problem. It has been in existence for a very long time. It bluntly, trips women of
their most basic human rights, the right to safety in their homes and community,
and carried to the extreme, it may kill, despite its cost in lives, health,
economically well being and work productivity and its impact on other social-
economic variables, domestic violence tended and still tends to be a ‘Crime of
Silence’. This ensures that information’s about domestic violence is sketchy and
as a consequence, the perpetrators often escape accountability and continue to
commit violent acts.

GLOBAL SCENARIO
“Violence at home” a shocking connotation as “home” is where one should
be the safest with family. Spine chilling is the fact that for many women and
children, this home is place where they face gore terror and violence. It is a shame
on the human race that this violence at home is perpetrated by none else but their
own close family members. Irrespective of a country’s culture, class, religion,
modernization, advancement and development, domestic violence against
women and children is widely prevalent. Global dimensions of domestic violence
are quite alarming. No society can claim to be free of such violence there is
variation only in the patterns and trends of the regions. Studies estimate that from
country to country, 10 to 15 per cent of women have experienced physical
violence by intimate partner or other close family member. Because of
inconsistency in defining domestic violence, it is difficult to get the actual
violence rate.

Most common forms of domestic violence prevalent through out the world
are women and girls being battered, raped and even murdered. Violence also
includes forced pregnancy, forced abortion; sterilization dowry related violence
and killing in the name of honour. Even the older and widowed women are not
spared from this abuse. Earlier, when her own intimate partner sexually raped a

16
woman, it was not a crime. But, legislation against martial rape have begun in
some countries like USA, UK, Australia, Canada, New Zealand, Mexico etc.

A UN digest quotes “domestic violence victim survivor’s report that


psychological violence is even more severe than compared to physical brutality.”
The mental stress, which the victims undergo, leads to a high percentage of
suicide and suicide attempts. The data reveals that even in most advanced and
industrialized country like USA, as many as 30 to 40 per cent of battered women
attempt suicide. Sri Lanka also rates the highest in suicide attempts (UNGAD,
1993).

In countries like Bangladesh, Kenya, Canada, Thailand and USA, murder


by the batterers is highly prevalent. Russia also rates high in women being killed
by their intimate partners. Killing in the name of honour is another form of abuse
more prevalent in Africa.

Furthermore, a most invisible and sinful abuse, in most countries, is the


incest or sexual abuse against children and adolescents. It is invisible because the
crime is perpetrated often by a child’s father, step father, brother, uncle or any
other male relative in position of trust. The right of the child is usually sacrificed
in order to protect the name of the family. And the children out of shame and fear
hesitate to report the matter. Further recent research reveals that many children
are affected by domestic violence at home by their parents. It is estimated that in
USA, as many as 10 million teenagers are exposed to parental violence each year.
Several studies have reported that children exposed to domestic violence exhibit
more aggressive and anti social behaviour.

In South Africa, hill districts of Nepal and rural areas of Thailand forced
prostitution or other kind of commercial exploitation by male partners are even
by parents are very high. In Asia, in countries like India and Pakistan more values
is placed for “sons” and hence extreme steps of discrimination against female
children is highly prevalent.

The children of destitute families from West and South Africa are sent to
Middle East for jobs and ultimately end up as prostitutes. In Nepal, prostitution
is a traditional source of income. Young children are trafficked to India for
prostitution. Traffickers buy the labour of young girls and women to earn easy
money. In Ghana, a ridiculous practice of donating the wives for protection of
family is being followed. A similar practice exists in South India, where young

17
women and girls are donated to serve temple (devdasis) and they often end up as
prostitutes.

Moreover, around the world, under the garb of cultural, religious and social
practices, many women and girls suffer very harmful and life-threatening
violence. Female Genital Mutilation (FGM) is one such drastic violence. It is
mostly prevalent in Africa, some regions of Asia, Middle East and in certain
immigrant communities of North America, Europe and Australia.

It can lead to long term psychological trauma, extreme physical suffering,


and infertility and ultimate death. Conclusively, this world wide suffering of
women and children in their own “Homes” will not be eased until families,
NGOs, social institutions and government at large address the issue directly.
Women and children have right to protection even in their homes. Domestic
violence needs to be recognized as a “crime” by the law enforcement authority
and judicial system and the perpetrator must be punished.

INDIAN SCENARIO
Her Childhood
When she is born, asserted to be delicate and physically weaker, her toys
are generally dolls, dresses, flowers, and cosmetic-set, kitchen-set, cradles. Very
rare is the occasion, when a girl child is gifted with toys like an airplane, a
motorcar, a gun or a bat-ball. The collection of gold and other things to be
included in her paraphernalia during her marriage starts at the cradle stage itself,
irrespective of any class. Not to mention the status of a girl-child in a lower or
lower middle-class family where she is a Burden by Birth. “Ladki hothi hai paraye
ghar ki” (a girl from birth is destined to be property of another house). This is
slowly inflicted into her brain during the process of her growth. Eventually, more
than the mother, the father’s and brother’s importance is inculcated into her so
much that her flexible nature is rightly moulded at an early stage and she naturally
gives more regards and respect to the malemembers of the family. The
responsibility of household chores in the form of cooking, cleaning and taking
18
care of the youngster, if any, also falls on the girl child. These responsibilities
prepare her half way through future motherhood role. Overall, a common girl’s
childhood, adolescent and teenage spends in looking forward for a good husband
and in-laws. This confirms the basic Indian family structure as patriarchal.
Analogously, this respect turns the latter to act as her protectors and the notion
that a male should always be there to protect her is naturally imprinted. She is
made an effigy of love, affection, gentleness, understanding minus her wants and
expectations.

Her Marital Life


Marriage is very essential for an Indian girl who is treated sympathetically,
otherwise. An Indian bride marries not only the man, but also whole of his family.
The husband is supposed to own her. She enters his house ‘for which she is
groomed’ shrouded with doubts whether her parents will be able to fulfill her in-
laws’ expectations of dowry etc. More than the husband, other members of his
family have more demands from her. The period of transformation from a young
girl into a woman takes no time as the welltrained docile daughter is already
prepared to be a good understanding wife and daughter in-law. God knows how
many times she would have heard her own mother saying, ‘your in-laws will curse
me if you are not taught everything properly’ – isn’t?

Coming to husband, term it biological or moral, the relation between man


and wife is one of great phenomenon as this is no blood relation. In India, there
is still the practice of arranged marriages. This ‘nuptial knot’ is tied between two
utter strangers - a thing highly admirable. Again, this is a drastic transformation
for the female only as she changes and fits herself into a new home, chores, habits,
religious rituals and hereditary practices followed in her husband’s house. If the
adjustment from her side is swift and fast she earns her husband’s appraisal. From
the day one, when she is supposed to touch her husband’s feet to ‘get his
blessing’, she prays for his long life. Now as she is his wife, her ‘Sowbhagya’
(good fate) is inter connected with his life as the Hindu culture crowns the women
as ‘Sowbhagya’ only till she is a ‘Suhagan’ (her husband is alive).

She - A Mother

19
‘Mothers are the creators’ – grateful, we are to the nature, which has given
this privilege only to the women. It is said a woman is complete only when she is
a mother. Delivering a child is also said to be a woman’s re-birth. But, ridiculous
is the fact that nowhere a mother’s maiden name is attached to the child’s name.
The child is first identified only by father’s name and if it is a girl child, later by
her husbands’ name. Rightfully, child gets accustomed only to his/her paternal
grand parents - speaks only their language, adapts their habits and follows their
rituals. To this day, in India, the blessing for a pregnant women is to ‘borne a
baby boy only’ whether she is being blessed by her mother-in-law or her own
mother who themselves are women. The birth of baby boy is cherished so much
that the whole family will have their own interest in rearing the child and if it is
a baby girl it is vice-versa. In some cases, the mother and the baby-girl are not
even taken care of even by her own husband. The boy might even grow up to be
a spoilt one - still his tantrums are considered his birthright. What to say about
the unwanted female girl for whom begins another tale of ‘damsel in distress.’

She - A Widow
Widowhood is yet another curse for a typical Indian-woman. Even now, in
many Indian families, the wife is blamed for her husband’s untimely death - she
is imposed with a guilt feeling of worthless life after this. She comes to a level
where she is deprived of even dressing to her choice. Irrespective of she being
decorating herself since childhood, suddenly she has to stop putting ‘bindi’,
flowers, colored-bangles and other trinkets when she loses her husband whom
she meets only half way her life. This change is not there when she loses her own
parents / child, or a brother or a sister, who are her own kith and kin. Moreover,
the agony of losing the husband on one side, her each move is watched like hawks
especially if she is young. She is not supposed to take active part in all religious
rituals, festivals and ceremonies like marriages even if it is one of her own child.
Even as we have entered 21st century, a widow’s remarriage is still not easy.

Types of Domestic Violence:


Domestic violence and abuse can happen to anyone, regardless of size,
gender, or strength, yet the problem is often overlooked, excused, or denied. This
is especially true when the abuse is psychological, rather than physical. Emotional
abuse is often minimized, yet it can leave deep and lasting scars. Noticing and
acknowledging the warning signs and symptoms of domestic violence and abuse
is the first step to ending it. No one should live in fear of the person they love. If

20
you recognize yourself or someone you know in the following warning signs and
descriptions of abuse, don‘t hesitate to reach out. There is a provision of Domestic
Violence Act 2005, in India to have support at the time, when one becomes the
victim of any kind of violence. Violence generally means physical abuse but it
does not include only this. The scope is wider than we think. In short we can
describe as following.

Physical abuse is abuse involving contact intended to cause feelings of


intimidation, pain, injury, or other physical suffering or bodily harm. Physical
abuse includes hitting, slapping, punching, choking, pushing, burning and other
types of contact that result in physical injury to the victim. Physical abuse can
also include behaviors such as denying the victim of medical care when needed,
depriving the victim of sleep or other functions necessary to live, or forcing the
victim to engage in drug/alcohol use against his/her will. If a person is suffering
from any physical harm then they are experiencing physical abuse.

This pain can be experienced on any level. It can also include inflicting
physical injury onto other targets, such as children or pets, in order to cause
psychological harm to the victim. Sexual abuse is any situation in which force or
threat is used to obtain participation in unwanted sexual activity. Coercing a
person to engage in sex, against their will, even if that person is a spouse or
intimate partner with whom consensual sex has occurred, is an act of aggression
and violence.

Domestic violence has many forms including physical violence, sexual


violence, emotional abuse, intimidation, economic deprivation or threats of
violence. There are a number of dimensions of domestic violence:

➢ Mode – Physical, psychological, sexual and/or social.


➢ Frequency – One off, occasional, chronic.
➢ Severity – In terms of both psychological or physical harm and the
need for Treatment – transitory or permanent injury–mild, moderate,
severe upto homicide.
(1) Physical Violence
Physical violence is the intentional use of physical force with the
potential for causing injury, harm disability, or death, for example,
hitting, shoving, biting, restraint, kicking or use of a weapon.
The Domestic Violence Act, 2005 has defined physical abuses as
any act or conduct which is of such a nature as to causes bodily pain,
harm or danger of life, limb or health or impair of the health or
21
development of the aggrieved person and includes assault, criminal
intimidation and criminal force.
(2) Sexual Violence
Sexual violence is divided into three categories:

(i) Use of physical force to compel a person to engage in a sexual act


against their will, whether or not the act is completed.
(ii) Attempted or completed sex act involving a person who is unable to
understand the nature or condition of the act, unable to decline
participation, unable to the communicate unwillingness to engage in
the sexual act.

(iii) Abusive sexual contact The Domestic Violence Act, 2005 has defined
sexual abuse as any conduct of a sexual nature that abuses, humiliates,
degrades or otherwise violates the dignity of women.

(3) Psychological Violence


Psychological/emotional violence involves violence to the victim cause
by acts, threats of acts or coercive tactics. Emotional abuse can include,
but is not limited to humiliating the victim, controlling what the victim
can and cannot withholding information from the victim, deliberately
doing something to make the victim feel diminished or embarrassed,
isolating the victim from friends and family, and denying the victim
access to money or other basic resource. It is considered emotional
violence when there has been prior physical or sexual violence of prior
threat of physical or sexual violence.

According to Domestic Violence Act, 2005, verbal and emotional


abuse includes:
(i) Insults, ridicule, humiliation, name calling and insults or
ridicule specially with regard to not having a child a male
child; and
(ii) Repeated threats to cause physical pain to any person in
whom the aggrieved person in interested.

(4) Economic Abuse


Economic abuse is when the abuser has complete control over the
victims money and other economic resources. Usually, this involves

22
putting the victim on a strict ‘allowance’, withholding money at will
and forcing the victim to beg for the money until the abuser gives them
some money. It is common for the victim to receive less money as the
abuse continues.
The Domestic Violence Act, 2005 explains economic abuse in detail
as:
(i) Deprivation of all or any economic or financial resources to
which the aggrieved person is entitled under any law or
custom whether payable under an order of a court or otherwise
or which the aggrieved person requires out of necessities for
the aggrieved person and her children, if any stridhan,
property, jointly or separately owned by the aggrieved person,
payment of rental related to the shared household and
maintenances;
(ii) Disposal of household effects, any alienation of assets
whether movable or immovable, valuables, shares, securities,
bonds and the like other property in which the aggrieved
person has an interest or is entitled to use by virtue of the
domestic relationship or which may be reasonably required
by the aggrieved person; and
(iii) Prohibition or restriction to continued access to resources of
facilities which the aggrieved person is entitled to use or enjoy
by virtue of the domestic relationship including access to the
shared household.
(5) Spiritual Violence
It includes:
(i) Using the spouse’s or intimate partner’s religious or spiritual
beliefs to manipulate them; and
(ii) Preventing the partner from practicing their religious or spiritual
beliefs ridiculing the other person’s religious or spiritual beliefs.
Spiritual violence has not been including into The Domestic
Violence Act, 2005.

Precipitating Factors
In patriarchal society such as Indian women and girls are not only
socialized into being silent about their experience of violence but traditional
23
norms teach them to accept, tolerate and even rationalize domestic violence.
Women are supposed to hide scares physical as well as mental as it will damage
their own image in the family and society violence against women is a complex
phenomenon deeply rooted in the way society has setup cultures, beliefs, power
relations, economic power imbalance and the masculine ideal of male-
dominance. Domestic violence occurs in all cultures, people of all races,
ethnicities, and religions can be perpetrators of domestic violence. Domestic
violence is perpetrated by, and on, both men and women and occurs in same sex
and opposite sex relationships. What is more degrading for women is that they
have been not only left behind and neglected in the social milieu but they are
subjected to harsh cruelties. There are many factors, which are responsible for
domestic violence against women.

Sinha, Archana (2011) in her article ‘Gender Concerns and Domestic


violence’. Describes for factors for domestic violence i.e. (i) Cultural (ii)
Economic, (iii) Legal and (iv) Political.

1 Cultural
(i) Gender Specific Socialization.
(ii) Cultural definitions of appropriate sex roles.
(iii) Expectations of roles with in relationship.
(iv) Belief in the inherent superiority of males.
(v) Values that give men proprietary rights over women and girls.
(vi) Nation of the family as the private sphere and under male control.
(vii) Customs of marriage (bride price/dowry).
(viii) Acceptability of violence as a mans to resolve conflict.

2 Economic
(i) Women’s economic dependence on men.
(ii) Limited access to cash and credit.
(iii) Discriminatory laws regarding inheritance, property rights, use of
communal lands and maintenance after divorce or widowhood.
(iv) Limited access to employment in formal and informal sectors.
(v) Limited access to education and training for women.

3 Legal

24
(i) Lesser legal status of women either by written law and or by
practice.
(ii) Laws regarding divorce, child custody, maintenance and
inheritance.
(iii) Legal definitions of rape and domestic abuse.
(iv) Low levels of legal literacy among women.
(v) Insensitive treatment of women and girls by police and judiciary.

4 Political
(i) Under representation of women in power, politics the media and in
the legal and medical professions.
(ii) Domestic violence not taken seriously.
(iii) Nations of family being private and beyond control of the state.
(iv) Risk of challenge to status quo/religious laws.
(v) Limited organization of woman as a political force.
(vi) Limited participation of women in organized political system.

EXPLOITATION OF WOMEN IN INDIA


Incidences like sexual abuse by near relatives, co-habitation with near or
dear friends and subsequent decline of marriages and issues relating to illegal
pregnancy etc. are the real fact, the information of which remains mostly in
darkness. In addition, girl students molested by teachers or repeated sexual abuse
by antisocial activists are also an unfortunate reality. Women exploitation in the
form of physical and mental torture on wives by husband is also common, mostly
where women are simply a house wife and not associated with any employment.
As a result, they are compelled to keep their head down in a speechless manner
tolerating the cruelty of their husband helplessly. This ultimately makes them
mentally disordered for which they often take the shelter of suicide or other means
of malpractices that result very disgrace social, moral, ethical and after all
economic support to them (Dr. Khokan Kumar Bag, Piyal Basu Roy, March
2012).

DIFFERENT FORMS OF WOMEN EXPLOITATION IN


PRESENT SOCIETY
25
Exploitation of women are various forms and different natures. It include
crimes involving sexual exploitation for economic gains like prostitution &
trafficking, adultery, abduction, rape, wrongful confinement, and murder etc on
the one hand and crimes related to women's property like dishonest
misappropriation, criminal breach of trust, domestic violence, dowry extortion
and outraging the modesty of women etc., on the other. These crimes are not only
injurious and immoral for the women but for the society as a whole. Domestic
Violence: In Indian family the man is the master and women is the inferior and
subordinate partner and societal pressure force women to maintain this status quo.
Wife beating is the most prevalent form of violence against women in the Indian
society and it is viewed as a general problem of domestic discord.

Female Infanticide and Feticide: This is playing a significant role in lop


sided sex ratio in India. Poor families in certain regions of the country sometimes
resort to killing baby girls at birth, to avoid an unwanted burden on family
resources. Sex selective abortion has also been common in the country. It's
dangerous to abort the foetus after 18 weeks of pregnancy and quiet harmful for
mother too at such a late stage.

Dowry : The Dowry Prohibition Act of 1961 marks the first attempt by the
Government of India to recognize dowry as a social evil and to curb its practice.
The act was modified with the Dowry Prohibition Amendment Act of 1984,
which has again been modified with Dowry Prohibition Bill 1986. Women's
organization have played key role in this process of change. The 1961 Act define
dowry and makes the practice of dowry-giving and taking, a punishable offence.
Dowry is one of those social evils that no educated woman will own up with
pride; still many are adhering to it. Practices of dowry tend to subordinate women
in the society.

Recent news of Gang Rape in New Delhi: 23 year old woman was raped
by 6 people in a moving bus in New Delhi in December, 2012. The girl was
hospitalized for several days and was also taken to Singapore for advanced
treatment.

Delhi gang rape victim regains consciousness, next 48 hours


critical: The 23 year old victim of the brutal gang rape has reportedly regained
consciousness at Delhi’s Safdarjung hospital where she is being treated for her
injuries. NDTV reported that the girl is communicating with doctors and nurses
by writing because she is still not in a position to talk. Despite the encouraging
26
signs however, she is still in critical condition, and doctors say that the next 48
hours will be critical (FP Staff Dec 18, 2012, firstpost.com).

UN Women condemns gang rape of Delhi student: UN Women


expresses indignation and condemns the ghastly gang-rape of the 23-year-old
Delhi student, who is critically injured and battling for her life in a New Delhi
hospital. This attack is an attack against all women in India. Violence against
women is not a women’s issue but a human rights issue. UN Women joins the
Government and people of India in recognizing that we need to take tougher
action together to change the present reality and culture of impunity. UN Women
in India stresses the urgent need to promote and protect the safety of women and
girls in India. Every girl and woman should be able to live safely and free of
violence. These crimes need to end sexual harassment and violence cannot be
tolerated. We urge that political will must translate into concrete action and
stronger implementation of already existing laws and regulations. (Anne F
Stenhammer, December 20, 2012, New Delhi)

Rape victim and accused relationship in India: Rape in India has been
described by Radha Kumar as one of India's most common crimes against
women. Official sources show that rape cases in India has doubled between 1990
and 2008 (Wikipedia). Rape is the fastest growing crime in India compared to
murder, robbery and kidnapping. According to the report of National Crime
Records Bureau (NCRB), every 60 minutes, two women are raped in this country.
According to the Delhi police report a total of 703 cases of rape were reported in
the year 2012. The biggest number of such crimes was reported from neighbours.
One-quarter of the victims were minors, 27.9 per cent of culprits were known to
victims and 28.38 per cent were friends and 8.35 from relatives. These figures are
underestimations as many incidents go unreported due to fear of stigma and non
awareness of rights. There are also the countless cases of eve teasing, indecent
gazes, pinching, brushes and comments that infringe upon the rights of women,
especially in overcrowded spaces and public transport buses and trains. There is
a need for a drastic change in attitudes and mindsets towards such incidents. Poor
investigations, harsh cross examination of victims, senseless adjournment of
cases and faulty assessment of evidence and furnishing of evidence by victims in
presence of culprits are areas that need reforms.

Rape victim and accused relationship -2012


27
Table 1.1 Rape victim and accused relationship

The above table shows maximum number of rape victim was committed
by the known persons such as neighbours, friends, relatives, employed/co-
workers and known persons. Only 3.68% cases were committed by the unknown
persons. This table shows women are not safe even their family, neighbours,
relatives and known persons in present society.

WOMEN AND HUMAN RIGHTS


It needs hardly any emphasis that women must have certain rights to
improve their positions: these rights have been provided in conventions,
constitution, international covenants including the universal declaration of human
rights. The declaration provides the following rights:

1 Elimination of all forms of discrimination against women made on the


basis of sex, which has purpose or effect of denying equal exercise of human
endeavors.

2 Basic human rights and fundamental freedom should be guaranteed to


women and this on an equal basis with men.

3 All practices based on inferiority or superiority of either sex shall be


eliminated.

4 Assurance of family education with teaches that both men and women
share a common role in raising child.

5 Social and cultural patterns must be modified to eliminated sex role,


stereotypes and nation of inferiority or superiority of either sex.

6 Measures should be taken to suppress all form of exploitation of women


including sexual and physical harassment.

28
7 Right to vote elect to be elected and hold offices at all levels of
government along with the right to participate information of government policy.

8 The opportunity to represent their country at international level and to


participate in international organizations.

9 Equal right to acquire, change or retain nationally.

10 Equal access to educational opportunity and elimination of stereotyping


in education and textbooks.

11 Equal right to employment choice of profession, remuneration, and


social security.

12 Guarantee of same legal capacity as men to contract, administer


property and appear in courts or before tribunals.

13 Freedom of movement, right to choose residence and domicile should


be grunted to women.

14 Contractual and other provide restriction on legal capacity of women


shall be declared null and void.

15 Equal rights and responsibilities with men in marriage and family


relationship.

16 Equality during marriage and its dissolution.

17 Equal rights to choose family name, profession or occupation.

18 Equal rights to guardianship and adaptation of children.

19 Equal rights and responsibilities and adaptation of children.

20 Abolish all existing laws, customs and regulations that discrimination


against women and establish institution of protect against discrimination (Shalu
Nigam, 1998).

Some Reasons for increase in violence against women


While the basic reason for violence against women is their inferior status
in a male dominated society educationally economically. Politically and socially
there are other factors responsible too.

29
The increasing criminalization of society, media images of violence,
inadequate means to address the cause and consequences of violence, poor
enforcement of legal provision unabashed consumerism and erosion of traditional
values have all added to it. Other reasons can be:

(a) More awareness in women of their rights:


Complaints being lodged in various police stations has increased which
shows that awareness of rights among women laws risen, attitude have
changed. Especially in offences like rape where the stigma attached to it
has lessened to some extent one of the reasons for the increase in the
statistical graph of crime against women is that women have become more
aware of their rights. Access to Mahila courts legal cells and crime for
women has also helped indirectly to encourage women to register their
complaints.

(b) Role of Media


Indian society is quick in being influenced by the west. The condition of
our Indian cinema is deteriorating day by day. In Indian movies it is common to
have scene of sexual harassment or rape such indecent scenes are often being
shown in flings. Conditions have become scan that it has become rather
embarrassing to watch T.V. with the family as most of the film songs have the
heroes and heroines doing vulgar dances and songs containing sexual innuendoes
.most of the movies portray heroines as sex objects. All this leads to increase in
atrocities against women. Not only movies but T.V serials and advertisements are
also promoting such undesirable things on the screen.

(c) Low rate of punishment of guilty:


The low conviction rate is deplorable. The remedies that women have
resources to with in law are ineffective in as much as they do not cater to the
immediate need of women. Lack of evidence and lack of guidance loop holes is
existing laws are some of the reasons for the rise in crime against women.
Provision under I P C which aim to protect the women

1 Under section 125, the wife can file a suit against her husband if the
husband fails to maintain her.

2 Sections 375 and 376 specify the punishment for rape.

30
3 Under section 359-396, kidnapping of women is punishable. The offence
is cognizable, nonmalleable non-compoundable tribal by a first class magistrate.
Whosoever kidnaps and abducts any person from India or from lawful
guardianship shall be punishable with the imprisonment for a term up to 7 years
and fine as well as section 363 to 373 clarify as to what constitute kidnapping and
abduction.

4 Section 302/304 (b) clarify the meaning and punishment relating to


homicide for dowry, dowry death, or their attempts. Under section 304 (b), death
of her marriages shall be deemed to have been caused by any demand for dowry.
Who so ever causes such death shall be punishable with a term not less than seven
years but May also extend to imprisonment for life or even a death sentence.

5 Section 306 says that only person who commits suicides, whosoever
abort the commission of such suicide is punishable with imprisonment up to 10
years and also fine. The offence is cognizable non compoundable.

6 Under sections 312 to 314 a person causing miscarriage and punished


with imprisonment which may extend up to 3 years or with fine or both.

7 Bigamy is an offence under section 494 such an act is punishable with


imprisonment for a term extending 7 years or with fine.

8 Under section 407, a person who commits adultery shall be punished with
imprisonment for a term which may extend to 5 year or with fine or both, enticing
or taking away or detaining a married woman with criminal intent is also
punishable under this section.

9 Under section 498 (a) FIR can be lodged at any police station or a women
cell for torture, both mental and physical by the husband or the in-laws. The
offense is cognizable, non-boilable non compoundable. The punishment is
imprisonment which may extend up to 7 years with fine.

10 Importation of girl up to 21 years of age from a foreign country shall be


punishable under section 366 of IPC. The punishment can extend up to term of
ten years and also fine.

11 Section 354 deals with outraging modesty of women. Any act of


molestation with intent to outrage the modesty of a women is punishable.

31
12 Section 509 is related to the insult of modesty of a women (sexual
harassment) such an act shall be punishable with imprisonment may extend up to
10 years and also give.

DOMESTIC VIOLENCE AS A VIOLATION OF HUMAN


RIGHTS
Women's rights have become an integral part of international human rights
law in that violence against women is a violation of human rights for which states
are accountable. States have an international obligation with regard to the
protection of these rights, with reference to international human rights law.
Except for categories such as "pirates" and "international war criminals", private
individuals and agencies are not generally bound by international human rights
law. But states may be responsible for their failure to meet international
obligations even when violations originate in the conduct of private individuals
(Coomaraswamy 1995). Domestic violence infringes upon an individual’s right
to life, to security of person, and to freedom from torture, cruel, or inhuman and
degrading treatment (The Commission on Security and Cooperation in Europe,
2001).

The special rapporteur, on violence against women, its causes and


consequences, has outlined in detail the international human rights standards with
regard to violence against women, which alludes to domestic violence
constituting a violation of the human rights of women. This refers to domestic
violence perpetrated by a private actor or by the state (ECOSOC, Commission on
Human Rights, 2004). Although it is the duty of states to ensure that there is no
impunity for the perpetrators of violence within the domestic sphere, state
policies may perpetuate and/or condone violence within the domestic sphere. It
is argued that the role of state inaction in the perpetuation of the violence
combined with the gender specific nature of domestic violence require that
domestic violence be classified and treated as a human rights concern rather than
as a mere domestic criminal justice concern (ECOSOC, Commission on Human
Rights, 2004).

Under international human rights law, governments are not only obliged to
refrain from committing human rights violations but also obliged to prevent and
respond to human rights abuses, without discrimination. In the past, however, a
narrow interpretation of international human rights protections has overlooked
the issue of state inaction to prevent and punish violations committed by private

32
actors, despite provisions in, inter alia, the international covenant on civil and
political rights, which require states to respect and ensure, among other things,
the right to life, the right to be free from torture and cruel, inhuman or degrading
treatment and the security of person. Increasingly, however, international legal
interpretations and norms are evolving to define more clearly the positive role
and responsibility of the State in preventing abuses perpetrated by state or private
actors (ECOSOC, Commission on Human Rights, 2004).

The concept of state responsibility has developed to recognize that States


also have an obligation to take preventive and punitive steps where human rights
violations by private actors occur. In this context, the human rights committee
has clearly stated that a state not only has a duty to protect its citizens from such
violations but also to investigate violations when they occur and to bring the
perpetrators to justice (ECOSOC, Commission on Human Rights, 2004).

With regard to violence against women, the state accountability is


embedded in the standard of due diligence to protect women’s bodily integrity:
to prevent, investigate and punish private or state violence against women in
accordance with human rights law. In fulfilling this obligation, the State and its
agents must undertake gender analysis in order to accurately assess how, why,
and under what circumstances specific forms of violence are perpetrated
(ECOSOC, Commission on Human Rights, 2004).

The rhetoric of public versus private has fundamentally affected


perceptions of women's rights. As certain form of violence has been defined as
domestic violence, the starting point has been taken in the notion of such violence
being private acts within the family. This focus on only private actors legitimizes
the distinction between private and public. The public/private dichotomy has
continually been challenged and critiqued by women's human rights activists, not
least because it neglects a gender specific dimension. Thus, the development of a
comprehensive framework clearly depicting the relation between the nature of
violence against women and women as private persons is important for the
process of moving beyond a private/public distinction in addressing violence
(Coomaraswamy, 1996).

India’s Legal Response to Domestic Violence


The recognition of domestic violence as a social problem and keeping in
view the available statistics the government of India from time to time took

33
following measures to address domestic violence and curb the societal pressures
leading to this form of violence against women.

Some major provisions related to this issue are given below:

Constitutional Provisions
(i) Article -15(3) provides for the states to make special provisions for
women and children.
(ii) Article 23 prohibits traffic in human being means selling and buying
men and women like goods and includes immoral traffic in women.
(iii) Article 39 directs state not to discriminate on the ground of sex and it
should direct its policy towards securing equal pay for equal work
irrespective of sex.
(iv) Article 42 directs the state to make provisions for securing just and
human conditions of work and for maternity benefit.
(v) Article 51 declares it a fundamental duty of every Indian citizen to
renounce practices derogatory to dignity of women.
(vi) Article 243 added by the 73rd & 74th amendment, in 1992; provide
reservation of 33 per cent seats for women in the direct elections to
every panchayats and municipalities.

Provisions Under Civil Laws


(i) The Hindu Marriage Act, 1955.
(ii) The Indian divorce Act, 1869.
(iii) The Dissolution of Muslim Marriage Act, 1930.
(iv) The parsi Marriage and Divorce Act, 1939.
(v) The special Marriage Act (1954).
(vi) The Muslim women (protection or divorce) Act, 1986.
(vii) The Hindu Adaptation and maintenance Act, 1956.

Provision under IPC (Indian Penal Code)


(i) Under section 125, the wife can file a suit against her husband if the
husband fails to maintain her.
(ii) Section 302 and 304 (B) define the meaning and punishment relating to
homicide for dowry, dowry death or their attempts. It says that with
death of a woman within seven year of her marriage shall be deemed to
have been caused by any demand for dowry.

34
(iii) Section 306 says that any person who commits suicide, who so ever
abets the commission of such suicide is punishable with imprisonment
up to 10 years and also fine. The offence is cognizable non-bailable and
non-compoundable.
(iv) Under section 312 to 314, a person causing miscarriage is punished with
imprisonment which may extend up to 3 years or with fine or both.
(v) Section 339 and 348 deals with wrongful restraint and wrongful
confinement.
(vi) Section 354 deals with outraging modesty of women. Any act of
molestation with intent to outrage the modesty of a woman is
punishable.
(vii) Under section 359-396 kidnapping of women is punishable.
(viii) Under section 363 to 373 clarifies to act what constitute kidnapping and
adduction.
(ix) Importation of girl up to 21 years of age from a foreign country shall be
punishable under section 366 of IPC. The punishment can extend up to
a term of 10 years and also fine.
(x) Section 375 and 376 specify the punishment for rape.
(xi) Section 376 (A) deals with sexual intercourse during separation who so
ever commits this offence is punishable with imprisonment up to 2
years and also fine. The offence is non-cognizable, non-bailable
compoundable.
(xii) Under section 407, a person who commits adultery shall be punished
with imprisonment for a term which may extend up to 5 years or with
fine or both.
(xiii) Section 493 deals with deceitfully causing a person to believe that she
is lawfully married.
(xiv) Section 494 and 495 declare bigamy as an offence. It is punishable with
imprisonment for a term extending up to 7-10 years Section 496 deals
with fraudulent marriage ceremony and section 497 declares adultery
as offence. It is punishable with imprisonment for a term for 5 years of
fine or both.
(xv) Under section 498(A), a FIR can be lodged at any police station or a
women cell for future, both mental and physical by the husband or in-
laws. The offence is cognizable, non-bailable, and noncompoundable.
The punishment is imprisonment which may extended up to 7 years
with fine.

35
(xvi) Section 509 is to related to the suit of modesty of a women (sexual
harassment). Such an act shall be punishable with imprisonment which
may extend up to 10 years and also fine.
Since the above provisions were dealing with the problem different
platforms. They were unable to counter the issue as a whole in an
appropriate manner. This led to formation of a separate legislation to
cater to all dimensions of domestic violence under an umbrella. This
legislation not only gave a formal definition to domestic violence in
India but also gave provisions for protection of women against domestic
violence as a whole.

The Domestic Violence Act 2005


Domestic violence according to this act include an act or conduct which
harms injures or endanger the health safety and life or well being mentally
physically. It may be in the form of physical, sexual, verbal, emotional and
economic abuse to meet any lawful demand such as dowry or otherwise, different
dimensions violence are:

(i) Physical Violence

Includes use of physical force against women such as pushing


throwing, kicking, slapping, biting, beating assault, burning and murder
etc.

(ii) Sexual Violence

Includes sexual assault, harassment and exploitation.

(iii) Verbal or nonverbal Violence

This may be more subtle in action or behaviour than physical abuse,


score of which are not visible but can be felt and proves to be more
emotionally damaging. It may be in the form of isolation, excessive
possessiveness and trusting, screaming, embarrassing, making fun
for or mocking.

(iv) Economic Violence

This includes with holding economic resources defrauding of

36
money exploitation or women resources, with holding physical resources
such as food clothes, shatter preventing the women from working.

Other major provisions under this act include:

(i) Any women who is or has been in a domestic or family


relationship if is subjected to any act of domestic violence can
complain under this Act.
(ii) Under section 5 any aggrieved women can complain to the
concerned protection officer, police officer service provider or
magistrate.
(iii) Under section band 7, shatter home and medical facilitates can be
provide to aggrieved woman.
(iv) Under section 17, every aggrieved woman has right to reside in
shared household.
(v) Under section 18, protection 18, protection order by magistrate can
be given favour of aggrieved women.
(vi) Under section 20, monetary relief does can be given to aggrieved
woman to meet expenses or loses.
(vii) Under section 22 interim compensation can available to aggrieved
woman.
(viii) Under section 30, imprisonment up to 1 year a fine up to 20,000 or
both for breach of protection order by respondent.
(ix) Under section 33 protection officer can be prosecuted up to 1 year
imprisonment or with a fine up to Rs. 20,000 or both for failure of
his duties. Despite the above given enormous response still an
extensive range of violent activities at domestic front are occurring
in private and public places both, as reported through print and
electronic media from time, which indicates the need to reconsider
domestic violence, not only as a problem of individual victims but
as a societal issue of concern.

Patriarchy: Implications for women.


Political
1 Low representation of women in governance, law and police.

2 Lack of political will to frame and implement laws safeguarding rights of


women.

37
Legal
1 Law related to marriage maintenance custody and divorce tilted against
women.

2 Lack of legal literacy among women.

3 Expensive and slow litigation process.

Biological
1 Prevalence of the concept of purity and pollution related to female sexuality.

2 Lack of control of decision related to reproduction and access to reproductive


health.

3 Glamorizing women as sex symbols.

Familial
1 Preference for male child.

2 Practice of sex related abortions and final infanticide.

3 Over occupation of women in child-caring and child-rearing practices.

Practices
1 Glorification of virtues such as patience, morality and sacrifice in women.

2 Interpretation of serious dogmas to sudden women.

Economic
1 Minimum participation of women in income generation activities.

2 Maximum occupation of women in unrecognized sector leading to


discrimination of employment and wages.

3 Limited access of women in property, land and other assets.

4 Implied division of occupation on the basis of sex.

38
Some factors, which prevent a woman to seek justice through law
are:
Main Factors
1 Chain of Patriarchy.

2 Challenge the inherent structure.

Other Factors

1 Individual fears and apprehension relating to consequences of leaving her


matrimonial home, this is especially true if a women is non working and has no
other source of support.

2 Lack of support form parental family and other social networks especially in
terms of emotional and marital support.

3 In adequacy of social support network which compels women to


‘Compromise’ or reconcile.

4 Cultural forces which stigmatize a women if she dares to challenges the power
structure of the society.

5 Non availability of alternatives in terms of physical, economic and social


rehabilitation.

6 Care and custody of children is an important issues which prevent women to


take any drastic step.

7 Inadequacy of legal provisions which take long time to dispense justice, and

8 Lack of political will to tackle the situation.

Social factors also play major role in reporting number of crime or


atrocities committed on women.

All these factors may combine together to build a ‘culture of since’


around the whole issue. Access to proper forums is yet another hurdle which
when combined with the take of awareness regarding women’s rights act as the
obstacle in the way to justice. A woman may also not lodge a complaint in the
case where she has no place to live, when she leaves her matrimonial house or
his deserted by her husband. The educational status, fear the system and

39
nonavailability of safety not determine the attitude towards women’s changing
factors that prohibits a women from lodging a complaint against her husband.

‘Compromise’ is another word used so often by the family members,


counselors and friends to many ‘compromises’ is a dangerous interpretation of a
very complex sickness of modern society. The brutality of domestic violence
often leads to death. At such times the police. Often turns a blind eye saying
that domestic violence is really a “private affairs”. In all this it is clearly seen,
that the women does not have a say and her voice is throttled and muffled by the
lord and master. Society uses symbolic emotional appeal to confine Indian
women into the vicious circle of subjugation and oppression.

INTERNATIONAL EFFORTS
The United Nations has recently significantly stepped up activities aimed
at combating violence against women. The United Nations Secretary General’s
2006 study on violence against women (United Nations, 2006) elaborates on the
context and causes of this violence and on its forms, consequences and costs.
The study dedicates a separate chapter to issues related to data collection and
the gaps and challenges in the different sources of data used for quantification,
with an emphasis on types of violence and ethical and safety issues related to
population-based surveys used as sources. Furthermore, the study points to the
fact that the development and use of common indicators on violence against
women is critical for a full and comprehensive overview of this phenomenon.

The General Assembly adopted four resolutions (General Assembly


Resolutions, 2006) in the period 2006–2009 on intensification of efforts to
eliminate all forms of violence against women, thus emphasizing countries’
concern about the issue. It also built on the Secretary-General’s call for
developing global indicators, requesting in its resolution 61/142 of December
2006 that such undertaking take place as a matter of urgency to assist
governments in assessing the scope, prevalence and incidence of violence
against women. Simultaneously the United Nations is undertaking work on
defining and identifying the different forms this violence takes in order to
enable accurate assessment and quantification. This is best reflected in the
Secretary-General’s Campaign UNITE to end violence against women. The
overall objective is to raise public awareness and increase political will and
resources. One of the five key outcomes as benchmarks for the campaign to be
achieved in all countries by 2015 is the “establishment of data collection and

40
analysis systems on the prevalence of various forms of violence against women
and girls” (United Nations, 2009).

Three outputs are listed under this benchmark: (1) All countries have
undertaken a dedicated population-based survey or module on violence against
women and girls; (2) All countries have integrated data collection on violence
against women and girls in their administrative and routine reporting systems,
including for health, police and justice; and (3) All countries, the international
community and other actors commit to ensuring the gender desegregation of
existing data, where possible. This chapter focuses on relevant methodological
issues and sources of statistics that influence the availability of accurate, robust
and comparable data on violence against women. It also describes the work on
global statistical indicators for measuring such violence. The interim set of these
global indicators is then used to present data on violence against women
compiled from national and international surveys. The final sections of the
chapter look at statistics on female genital mutilation and at the attitudes of
women towards the violence inflicted on them.

RELEVANCE OF THE STUDY


The foregoing paragraphs are a sure indicator towards the prevalence of
domestic violence in our society. This is in stark contrast to the UN Human
Rights Declaration (of which India signatory) and our constitutional and legal
provisions. But most women are not aware of their rights to protection of life,
liberty etc. Even if they were aware, they would lack the resources in terms of
money, skill, time, experience, confidence and courage to invoke these
provisions. Moreover, traditionally women believe in tolerating harassment at
home. Domestic violence is to be perceived not as a law and order problem
alone. Primarily it is a socio cultural problem. Its impact has far reaching effects
on the family life, health of woman, life of children etc. Studies such as these
which examines the causes, its nature and manifestations and consequences
would assist the general society to understand the magnitude as well as its
implications on the lives as well as the institution of family.

Moreover, it would be an elementary step in brining together the victims


of domestic violence under one umbrella and fight against this vice that breaks
down the bonds that exists within the primary institution of the society i.e.; the
family and thereby make efforts to formulate appropriate measures/strategies
that could contribute to the minimization of domestic violence and uphold their
rights before the society.
41
Similarly, studies of this nature that focuses more on the root causes and
veracity of domestic violence would enable the society to present before the
judiciary, legislature and executive on the gravity of the problem and thereby
influence them to formulate and execute laws that would uphold the dignity of
women in a manner that would give them justice.

This would also assist the local bodies at the grass root levels to be
vigilant against the menace and chalk out meaningful and effective measures to
create a blockage to domestic violence against them by empowering them
through the efforts of SHG. The study thus will enable the various institutions
like PRIs, NGOs and the general public to capture the multifaceted effects of
domestic violence and take genuine efforts to sensitize the whole society on the
same. Furthermore, it would function as a handy matter to planners and policy
makers while formulating plans to reassign the women the position they held in
the early Vedic period.

Chapter 2

India Level

In Indian society the problem of violence against women in the family is


not new. Women in our society have been the victims of humiliation, torture and
exploitation from the time immemorial irrespective of the fact that they were also
42
worshipped. Family is considered as the first agency, which provides not only
emotional and material support to its members but also serves as basic source of
personal satisfaction, socialization and social control. It works as a link between
continuity and change and as an important source of stability and support. Human
development can only be enhanced by enriching family life. On the other side
actual practice, due to patriarchy in our family system, the family does not give
equal importance to all members as role, power and status are strictly determined
by age and gender. More over, family being considered as a private domain, even,
abuse, exploitation, injustice, discrimination and violence are allowed in our
patriarchal structure. Gelles (1983) in his writings gave a clear picture of the
family role. He not only considered family as the source of love, sympathy and
support, but also the source of inequality, exploitation and violence.

Women in India through the ages have been victimized, humiliated,


tortured and exploited. There have been incidents of murder rape, abduction and
torture from time immemorial. In spite of such a dark past violence against
women has not been given much attention. More, so, no attempts was made on
the issue of why such a socially relevant theme has been left neglected and
ignored. Violence affects the lives of millions of women world wide in all socio-
economic and educational classes. It cuts across cultural and religious barriers,
impeding the rights of women to participate fully in society.

The family is the first and the foremost agencies of socialization and social
control. In India, domestic violence has been directly related to status and role of
the individuals in the family. Family, apart from providing security and emotional
support, fulfills certain essential and non essential functions. It provides the safest
and the most secure environment to an individual to grow. But due to the fact
family consists of the crystallized and legitimized, socially and culturally
constructed rigid gender based roles and in a patriarchal set up there are
fundamental inequalities between men and women. These inequalities have been
a part and parcel of the Indian families for year. From vedic times, the traditions
and practices showed women enjoying equal status but later on in the Smritis, the
status of women began to decline. The women’s freedom and rights were
curtailed. The practice such as child marriage, denial of education to women and
polyandry etc became quite prevalent during those times.

In the medieval period, the deterioration in the status of women brought


even more malpractices such as the purda and devdasi system. In the later period

43
the illegitimate sexual exploitation of the devdasis became a norm in some parts
of India.

The post industrial era, with the advancement in technology brought


significant structured and role changes in the family. The women now had two
roles to perform one in the family and the other at the work place. The burden of
this additional role called for not only redefinition of the rigid gender based roles
but also required a shift in the mindset of the people, which did not take place till
today. There is insecurity and instability in the relationships of the most spouses.
The pressures thus, created have made family a store house of the most perverse
kinds of violence one of them being domestic violence.

Domestic violence in India came in to sharp focus in 1980s when there was
a widespread coverage by the mass media of the growing incidence of torture of
brides, dowry deaths and protests against some heinous incidents of domestic
violence. India’s commitment to eliminate violence against women becomes
more obvious when India became a signatory to convention on elimination of all
forms of discrimination against women in 1980. The reporting increased even
more, after 1981 and then 1984, after the amendment of social laws and when the
women’s liberation movement identified and responded to the issue of women
violence recognized by the eleven critical areas of concern after being a part of
the 4th world conference on women at Beijing in 1995.

Strauss (1977) has highlighted this culture of violence through folk verse:

“A women, a horse, and a hickory tree, The more you beat them, the better
they be”.

This attitude has its echoes across cultures. In India a great mystic poet
Tulsidas Wrote:

Dhol, Ganwar, Shudra, Pashu our Nari, Yeh sab taran ke adikari.

A rustic uncultured, schedule caste, animal and women, they all deserve to
be beaten regularly. Women is the sufferers in the hands of men all over the world
perhaps women were free and equal in quite very old times. Gradually, the
women were treated as inferior and more over, they treated them selves inferior.
The lack of physical power leads to general timidity in women. During the middle
ages, cruel and inhuman treatment was meted out to them. They followed the holy
scriptures in which they were told to get happiness by submissiveness. The
women sacrificed every thing including their lives. The higher the sacrifice, the
44
higher the salvation become a motto for women, in reality, women rarely had an
identity apart from the given to them as wives, mothers and daughters. Although,
they were worshipped as deities at home, they were treated as second class
members of the family. What was the reason for this? Some historians felt that it
was because of the fire which tied the women to kitchen, while other think that it
was due to needed protection on foreign invasions. Another reason supported is
the patriarchal system where girl is to leave her parents place and go to her
husband’s place. The girls being alone in the new family, it became easy to
subject her with various atrocities. The ancient custom of ‘swayamvaram–
choosing the husband was replaced by arranged marriages. Then the custom of
dowry became the steel frame of marriage, the parents wished to have sons, who
may fetch cash and dowry. On the other hand, the daughters were never
welcomed and the mother wished themselves dead and cursed on the birth of a
female child. Infanticide was practiced and a law had to be passed to stop it. The
women were tortured physically as well as mentally in their own homes. The
women were treated as salves and idiots. The women were made to put on
‘Purdah’. They could not own any property. She had no personality of her own.
In India, it was worse. She was told to serve her husband and in laws. She was to
call her husband as ‘Swami’ (owner) and she the ‘Dasi’ (slave). In literature, the
woman was relished to cherish sex. In India, the pitiable condition continued
during Mughal and early British period. The cruelties were so much like
infanticide, child marriage bigamy, sati, abduction and various other physical and
mental cruelties that the atmosphere forced for some reforms. Social reformers
like Raja-Ram Mohan Roy, Swami Dayanand and Swami Vivekanand and other
took up cause of women and several laws were enacted to improve the position
of women.

Domestic violence victimization of women, with in the boundaries; usually


by men (or his family) to whom they are married or with whom they have
marriage like relationship. Violence can be both physical and psychological. It
indicates the art or aggressive behaviours towards her not only to her physical
being but towards her self respect and self confidence. Psychological violence is
carried out with psychological weapons (threats/insults/humiliating treatment/
denial of human existence) rather than physical attack. Physical violence includes
all types of aggressive physical behaviour by husband or his family towards the
women’s body (victim). Sexual violence could include both passive (denial) or
active violence. Domestic violence could include occasionally be seen in other
relation also (i.e. by parents; brothers or others in parents family).

45
The argument of domestic violence is not new to us. And our experience
shows that the weeds of violence can never make for a field of Promise and
Plenty. It is a matter of regret that in this land of the Buddha, Akbar and Mahatma
Gandhi, there should be domestic violence. Domestic violence knows no age,
socio-economic, religious, gender or educational and barriers. It is a myth that
only the poor and uneducated are victims of domestic abuse. Most studies
indicated that there is also a high incidence of spousal abuse in the more affluent
neighborhoods. Although a poor victims faces the terrible problem of not having
resources available.

INDIAN SCENARIO
Her Childhood
When she is born, asserted to be delicate and physically weaker, her toys
are generally dolls, dresses, flowers, and cosmetic-set, kitchen-set, cradles. Very
rare is the occasion, when a girl child is gifted with toys like an airplane, a
motorcar, a gun or a bat-ball. The collection of gold and other things to be
included in her paraphernalia during her marriage starts at the cradle stage itself,
irrespective of any class. Not to mention the status of a girl-child in a lower or
lower middle-class family where she is a Burden by Birth. “Ladki hothi hai paraye
ghar ki” (a girl from birth is destined to be property of another house). This is
slowly inflicted into her brain during the process of her growth. Eventually, more
than the mother, the father’s and brother’s importance is inculcated into her so
much that her flexible nature is rightly moulded at an early stage and she naturally
gives more regards and respect to the malemembers of the family. The
responsibility of household chores in the form of cooking, cleaning and taking
care of the youngster, if any, also falls on the girl child. These responsibilities
prepare her half way through future motherhood role. Overall, a common girl’s
childhood, adolescent and teenage spends in looking forward for a good husband
and in-laws. This confirms the basic Indian family structure as patriarchal.
Analogously, this respect turns the latter to act as her protectors and the notion
that a male should always be there to protect her is naturally imprinted. She is
made an effigy of love, affection, gentleness, understanding minus her wants and
expectations.

Her Marital Life

46
Marriage is very essential for an Indian girl who is treated sympathetically,
otherwise. An Indian bride marries not only the man, but also whole of his family.
The husband is supposed to own her. She enters his house ‘for which she is
groomed’ shrouded with doubts whether her parents will be able to fulfill her in-
laws’ expectations of dowry etc. More than the husband, other members of his
family have more demands from her. The period of transformation from a young
girl into a woman takes no time as the welltrained docile daughter is already
prepared to be a good understanding wife and daughter in-law. God knows how
many times she would have heard her own mother saying, ‘your in-laws will curse
me if you are not taught everything properly’ – isn’t?

Coming to husband, term it biological or moral, the relation between man


and wife is one of great phenomenon as this is no blood relation. In India, there
is still the practice of arranged marriages. This ‘nuptial knot’ is tied between two
utter strangers - a thing highly admirable. Again, this is a drastic transformation
for the female only as she changes and fits herself into a new home, chores, habits,
religious rituals and hereditary practices followed in her husband’s house. If the
adjustment from her side is swift and fast she earns her husband’s appraisal. From
the day one, when she is supposed to touch her husband’s feet to ‘get his
blessing’, she prays for his long life. Now as she is his wife, her ‘Sowbhagya’
(good fate) is inter connected with his life as the Hindu culture crowns the women
as ‘Sowbhagya’ only till she is a ‘Suhagan’ (her husband is alive).

She - A Mother
‘Mothers are the creators’ – grateful, we are to the nature, which has given
this privilege only to the women. It is said a woman is complete only when she is
a mother. Delivering a child is also said to be a woman’s re-birth. But, ridiculous
is the fact that nowhere a mother’s maiden name is attached to the child’s name.
The child is first identified only by father’s name and if it is a girl child, later by
her husbands’ name. Rightfully, child gets accustomed only to his/her paternal
grand parents - speaks only their language, adapts their habits and follows their
rituals. To this day, in India, the blessing for a pregnant women is to ‘borne a
baby boy only’ whether she is being blessed by her mother-in-law or her own
mother who themselves are women. The birth of baby boy is cherished so much
that the whole family will have their own interest in rearing the child and if it is
a baby girl it is vice-versa. In some cases, the mother and the baby-girl are not
even taken care of even by her own husband. The boy might even grow up to be

47
a spoilt one - still his tantrums are considered his birthright. What to say about
the unwanted female girl for whom begins another tale of ‘damsel in distress.’

She - A Widow
Widowhood is yet another curse for a typical Indian-woman. Even now, in
many Indian families, the wife is blamed for her husband’s untimely death - she
is imposed with a guilt feeling of worthless life after this. She comes to a level
where she is deprived of even dressing to her choice. Irrespective of she being
decorating herself since childhood, suddenly she has to stop putting ‘bindi’,
flowers, colored-bangles and other trinkets when she loses her husband whom
she meets only half way her life. This change is not there when she loses her own
parents / child, or a brother or a sister, who are her own kith and kin. Moreover,
the agony of losing the husband on one side, her each move is watched like hawks
especially if she is young. She is not supposed to take active part in all religious
rituals, festivals and ceremonies like marriages even if it is one of her own child.
Even as we have entered 21st century, a widow’s remarriage is still not easy.

Types of Domestic Violence:


Domestic violence and abuse can happen to anyone, regardless of size,
gender, or strength, yet the problem is often overlooked, excused, or denied. This
is especially true when the abuse is psychological, rather than physical. Emotional
abuse is often minimized, yet it can leave deep and lasting scars. Noticing and
acknowledging the warning signs and symptoms of domestic violence and abuse
is the first step to ending it. No one should live in fear of the person they love. If
you recognize yourself or someone you know in the following warning signs and
descriptions of abuse, don‘t hesitate to reach out. There is a provision of Domestic
Violence Act 2005, in India to have support at the time, when one becomes the
victim of any kind of violence. Violence generally means physical abuse but it
does not include only this. The scope is wider than we think. In short we can
describe as following.

Physical abuse is abuse involving contact intended to cause feelings of


intimidation, pain, injury, or other physical suffering or bodily harm. Physical
abuse includes hitting, slapping, punching, choking, pushing, burning and other
types of contact that result in physical injury to the victim. Physical abuse can
also include behaviors such as denying the victim of medical care when needed,
depriving the victim of sleep or other functions necessary to live, or forcing the

48
victim to engage in drug/alcohol use against his/her will. If a person is suffering
from any physical harm then they are experiencing physical abuse.

This pain can be experienced on any level. It can also include inflicting
physical injury onto other targets, such as children or pets, in order to cause
psychological harm to the victim. Sexual abuse is any situation in which force or
threat is used to obtain participation in unwanted sexual activity. Coercing a
person to engage in sex, against their will, even if that person is a spouse or
intimate partner with whom consensual sex has occurred, is an act of aggression
and violence.

(1) Physical Violence


Physical violence is the intentional use of physical force with the
potential for causing injury, harm disability, or death, for example,
hitting, shoving, biting, restraint, kicking or use of a weapon.
The Domestic Violence Act, 2005 has defined physical abuses as
any act or conduct which is of such a nature as to causes bodily pain,
harm or danger of life, limb or health or impair of the health or
development of the aggrieved person and includes assault, criminal
intimidation and criminal force.
(2) Sexual Violence
Sexual violence is divided into three categories:
(iii) Use of physical force to compel a person to engage in a sexual act
against their will, whether or not the act is completed.
(iv) Attempted or completed sex act involving a person who is unable to
understand the nature or condition of the act, unable to decline
participation, unable to the communicate unwillingness to engage in
the sexual act.

(iii) Abusive sexual contact The Domestic Violence Act, 2005 has defined
sexual abuse as any conduct of a sexual nature that abuses, humiliates,
degrades or otherwise violates the dignity of women.

(3) Psychological Violence


Psychological/emotional violence involves violence to the victim cause
by acts, threats of acts or coercive tactics. Emotional abuse can include,
but is not limited to humiliating the victim, controlling what the victim
can and cannot withholding information from the victim, deliberately
49
doing something to make the victim feel diminished or embarrassed,
isolating the victim from friends and family, and denying the victim
access to money or other basic resource. It is considered emotional
violence when there has been prior physical or sexual violence of prior
threat of physical or sexual violence.

According to Domestic Violence Act, 2005, verbal and emotional


abuse includes:
(iii) Insults, ridicule, humiliation, name calling and insults or
ridicule specially with regard to not having a child a male
child; and
(iv) Repeated threats to cause physical pain to any person in
whom the aggrieved person in interested.
(4) Economic Abuse
Economic abuse is when the abuser has complete control over the
victims money and other economic resources. Usually, this involves
putting the victim on a strict ‘allowance’, withholding money at will
and forcing the victim to beg for the money until the abuser gives them
some money. It is common for the victim to receive less money as the
abuse continues.
The Domestic Violence Act, 2005 explains economic abuse in detail
as:
(iv) Deprivation of all or any economic or financial resources to
which the aggrieved person is entitled under any law or
custom whether payable under an order of a court or otherwise
or which the aggrieved person requires out of necessities for
the aggrieved person and her children, if any stridhan,
property, jointly or separately owned by the aggrieved person,
payment of rental related to the shared household and
maintenances;
(v) Disposal of household effects, any alienation of assets
whether movable or immovable, valuables, shares, securities,
bonds and the like other property in which the aggrieved
person has an interest or is entitled to use by virtue of the
domestic relationship or which may be reasonably required
by the aggrieved person; and
(vi) Prohibition or restriction to continued access to resources of
facilities which the aggrieved person is entitled to use or enjoy
50
by virtue of the domestic relationship including access to the
shared household.
(5) Spiritual Violence
It includes:
(iii) Using the spouse’s or intimate partner’s religious or spiritual
beliefs to manipulate them; and
(iv) Preventing the partner from practicing their religious or spiritual
beliefs ridiculing the other person’s religious or spiritual beliefs.
Spiritual violence has not been including into The Domestic
Violence Act, 2005.

Precipitating Factors
In patriarchal society such as Indian women and girls are not only
socialized into being silent about their experience of violence but traditional
norms teach them to accept, tolerate and even rationalize domestic violence.
Women are supposed to hide scares physical as well as mental as it will damage
their own image in the family and society violence against women is a complex
phenomenon deeply rooted in the way society has setup cultures, beliefs, power
relations, economic power imbalance and the masculine ideal of male-
dominance. Domestic violence occurs in all cultures, people of all races,
ethnicities, and religions can be perpetrators of domestic violence. Domestic
violence is perpetrated by, and on, both men and women and occurs in same sex
and opposite sex relationships. What is more degrading for women is that they
have been not only left behind and neglected in the social milieu but they are
subjected to harsh cruelties. There are many factors, which are responsible for
domestic violence against women.

Sinha, Archana (2011) in her article ‘Gender Concerns and Domestic


violence’. Describes for factors for domestic violence i.e. (i) Cultural (ii)
Economic, (iii) Legal and (iv) Political.

1 Cultural
(ix) Gender Specific Socialization.
(x) Cultural definitions of appropriate sex roles.
(xi) Expectations of roles with in relationship.
(xii) Belief in the inherent superiority of males.
(xiii) Values that give men proprietary rights over women and girls.
(xiv) Nation of the family as the private sphere and under male control.
51
(xv) Customs of marriage (bride price/dowry).
(xvi) Acceptability of violence as a mans to resolve conflict.

2 Economic
(vi) Women’s economic dependence on men.
(vii) Limited access to cash and credit.
(viii) Discriminatory laws regarding inheritance, property rights, use of
communal lands and maintenance after divorce or widowhood.
(ix) Limited access to employment in formal and informal sectors.
(x) Limited access to education and training for women.

3 Legal
(vi) Lesser legal status of women either by written law and or by
practice.
(vii) Laws regarding divorce, child custody, maintenance and
inheritance.
(viii) Legal definitions of rape and domestic abuse.
(ix) Low levels of legal literacy among women.
(x) Insensitive treatment of women and girls by police and judiciary.

4 Political
(vii) Under representation of women in power, politics the media and in
the legal and medical professions.
(viii) Domestic violence not taken seriously.
(ix) Nations of family being private and beyond control of the state.
(x) Risk of challenge to status quo/religious laws.
(xi) Limited organization of woman as a political force.
(xii) Limited participation of women in organized political system.

Domestic violence complaints received in past five


months reach a 21-year high

52
Over 2,300 domestic violence complaints were filed with the National
Commission for Women between January and May in 2021, the highest for any
year since 2000. Most complaints were received from U.P., while the highest
complaint rate was recorded in Delhi. However, according to NFHS-5 data, 70%
of women in the major States who faced physical violence did not inform anyone
about it. Even among those who sought help, very few reached out to the relevant
authorities.

21-year high

Between January and May 2021, 2,383 complaints of domestic violence were
filed with the National Commission for Women.

53
2.1 Domestic Violence Complaints received in past 21years

State-wise numbers
The chart plots the total complaints recorded in a State against the number
of complaints received per one million women between January and May in 2021.

54
2.2 Total Complaints received by NCW(Jan-May 2021)

Silent victims
Over 70% of women who experienced physical violence in major States
did not seek help or tell anyone about it. In the States listed, less than 20% women
who experienced physical violence sought help.
55
2.3 Woman who experienced domestic violence

Small share
Of the 15.4% victims in Gujarat who sought help, none of them reached
out to relevant authorities such as doctors, the police, lawyers or social service
organisations. Among the small share of victims who sought help in the States
listed, only a small % contacted the relevant authorities.
56
2.4 Woman who approached a relevant authority
Source: Graphs 1 and 2 were sourced from the National Commission for
Women. Table 3 and graph 4 were sourced from the National Family Health
Survey 2019-20

The Context of Bihar


Bihar is a caste-based society with strongly entrenched semi-feudal
structures and a large rural economy. Scheduled Castes constitute over 20 per
cent of the population while OBCs comprise over 60 per cent (calculated from
NSS 64th round, as cited in India Human Development Report, 2011). Bihar has
had a long history of caste wars between upper caste armies such as Kuer Sena,
Ranvir Sena, Brahmarshi Sena, representing the interests of landowning upper
castes; and the former Maoist Communist Centre (MCC), Communist Party of
India-Marxist Leninist (Party Unity) or CPI-ML (Party Unity) and CPI-ML
(Liberation), which were engaged in mobilising cadres in the 1990s. Since the
1960s, political and social movements, canvassing lower and backward class
interests, had been occurring in the state.

As a result, the upper castes lost their political hold on weaker caste groups,
thus changing the entire political landscape of the state (Rodgers and Satija,
2011). Moreover, a militant peasant-based resistance, known as the Naxal
57
Movement whose origin can be traced to the late 1960s, is also prevalent in the
rural areas of the state.

Further, Bihar has a history of high crime in the 1990s, and was viewed as
an extremely unsafe state. Although, much of this has reportedly changed with
the political transition in 2005 and decreasing crime levels (Rodgers and Satija
2011), crime levels according to official sources have begun rising again. Bihar’s
record of high crime in the 1990s led to the state being viewed as extremely
unsafe. The political transition in 2005 may have somewhat improved the
situation but women in Bihar still feel insecure, particularly in the private realm.
This is reflected in the perceived increase in domestic violence against women in
Patna (Rodgers and Satija, 2011) as well as in the cited villages, which have
witnessed an increase in dowry-giving and other social practices that place
females in a disadvantaged position.

According to NCRB, crimes against women in Bihar have been on the rise
since the last decade, as shown in the table below. Rate of total cognisable crimes
to against women in Bihar peaked in 2004 and then again in 2008 and 2011. The
contribution of crimes against women to total crimes in Bihar has also been
increasing from 6.1 per cent in 2001 to 7.5 percent in 2012. The contribution of
crime against women in Bihar to all India total of crimes against women has also
been increasing, with crimes against women in Bihar constituting 4.7 per cent of
all India total of crimes against women in 2012. The rate of cognizable crimes
against women in the state has also been rising consistently and was close to 11
per 100,000 in 2012, the highest in the past decade. The percentage contribution
of crimes against women in Bihar to total crimes in the state has also increased.

58
2.5 National Crimes Records Bureau

59
Chapter 3

CASE STUDIES
Case Study I :
Mrs. Babita is an undergraduate and 25 years old comes from a Yadav
family. Her father is working as a policeman. She has one elder brother. Her
brother is graduate and got married. She is the youngest in the family. She lost
her mother after her marriage. After 12th , Babita got married at the age of 20
years. Her husband is engaged in dairy business. Her father-in-law is policeman
and mother-in-law is a housewife. She has a youngest brother-in-law.

After marriage when she went her own room at first night, she looked that
her husband was ill. And he also behaves as an abnormal man with her. During
early days of marriage, she noticed that her husband got feared with the voice of
anything like cat's voice, dog’s voice and with the knocks of the doors. So after
10-15 days of marriage, both husband and wife started sleeping in separate rooms.
Babita slept with her mother-in-law. Babita and her family members don't know
about her husband disease.

Thus, she has become emotionally disturbed. Her husband blamed her for
extramarital relationship and beaten her with sticks, slaps and legs. His mother
also helps her own son and started abusing her in front of other family members.
Additionally her husband criticized her on her looks. She felt humiliated.

After nine months she gave birth to a male baby. She was thinking that now
her husband and mother-in-law will start to love her, but no change have come in
their attitude towards her. Her husband started maltreating her regularly and
taunted her that this son is not mine. He would taunt her everyday and humiliate
her in front of his parents, who did not say anything of their son. Her husband
became apprehensive and suspicious towards her. But Babita has compromised
with the situation made by their in-laws. Now she is compelled to live in this
situation.

Caste Study II:


60
Mrs. Priya is 21 years old, Matric pass belonging to a Rajput Family. Her
father is a farmer and mother is housewife. She has one brother who is working
in a workshop. She got married at the age of 18 years. Her husband is primary
pass. He always beat her because he has extra-martial relationship. After one year
of their marriage and birth of a girl child baby, their verbal fights become very
common. Her husband's always used taunts and her mother-in-law’s behaviour
was also terrible for her. After some days her mother-in-law started grumbling
for dowry and started accusing her parents for not giving anything in the marriage.
She felt very ghastly and talk to her husband, but who paid no attention to her
complaints, instead he told her that she should accept meekly whatever her
parents-in-law would say, failing which her life would be miserable. Her husband
and husband's mother told her that they want Rs. 50,000 from her family.

Priya know that her parents would not be able to fulfill their growing
demand. Therefore, she did not tell anything to her parents and continued to
tolerate her mother-in-law's taunts. She requested her husband to intervene and
stop the humiliation which he refused and beat her. One day Priya’s brother came
in Priya's house and saw Priay’s mother-in-law’s behaviour and took her sister in
parent’s home. But her mother-in-law reported to police that Priya run away from
house with her own brother. The behaviour of Priya's Jethani is also not good for
Priya. After five months, Priya come in her in-law’s family with the protection of
Panchayati members. Priya’s mother-in-law taunted her in a ways “Bata
Bhagwan ne Chhori Dedi eske Papa ki toh Nokri be Koni, tane kuann mein ger
au ghane laad honge to ghani chori aawengi” (God gifted us with a female
child, but her husband is unemployed, I will threw this girl in a well, if we love
this girl, the god will send another girls in our family”. The same behaviour was
done by Priya’s grand mother on the birth of Priya, “Teenu Chhoriya ne or enki
maa kai aag lagaa ke maar de, tera dusra biyaha karva dungi” (She said that kill
all the three daughters and their mother by got fired them, I will remarry you).
Now Priya is living in the same situation.

Caste Study III: Mrs. Babita (Now Divorced Case)


Babita is 27 years old Yadav Lady. She is B.A. in Gaya College Gaya. Her
mother is housewife. She has two brothers who are in government services. She
got married at the age of 23 years with a journalist of her own caste. The marriage
was an arranged marriage. Her husband was five years elder to her. He has two
elder married sisters and his mother-in-law is housewife and father-in-law is a

61
police inspector. Her marriage is celebrated in a simplistic way, also call “Chunri
Vivah”.

After marriage, she found that her husband did not like her behaviour. Next
day of marriage her husband’s sisters and mother taunted that she is not beautiful
and blackish girl. After one year, she gave a birth to a male baby child. After birth
of a son, she has decided to go for medical treatment for family planning and got
operated because she does not want more children. When her husband and
parents-in-laws came to know about this, they became angry. The dispute
between Babita and her in-laws’ family increased, even her in-law’s family
members tried to murder Babita. But Babita understood the planning of her
murder and run away from in-law’s home to her parental home. Her parents and
other members of parental family stood for Babita's help. The matter also
discussed in Panchayats but of no avail. Then Babita’s family member took
important decision about the relationship of Babita and her husband. Babita filed
a dowry case against his husband and his family members. Finally this
relationship was broken with the help of court. When her husband came in her
village, he used abusive language on bus stand against Babita and her family
members. Babita's mother and villagers very badly beaten Babita's husband. Now
Babita and her son living with her own parental family. Babita's son is 5 years
old and studying in 1st class. Babita is sewing cloths and doing part time job to
look after her son and herself.

Case Study: IV
Sanju is 24 years old, she is 12th pass belonging to a 'bakmiki’ family. Her
father is in government job. She got married at the age of 19 years. Before
marriage, her husband was suffering from cancer but Sanju and her family don't
knew about this. Her husband is five years elder to her. Few days after her
marriage, she came to know that her husband was addict of Alcohol. She did not
like his drinking habits but tried to adjust to the circumstances. Subsequently
she also came to know that her husband was not doing any work but drink all
the day with his friends. Knowing that she became very upset. After some days
he started to abuse her in front of other members of the family. Additionally,
her husband criticized and taunted on her looks before his family members. She
felt humiliated but silently tolerated such insults. Her husband started to beat
her with stick and slapping. Overall, Sanju’s toleration power ends. She left her
husband’s house at night and went to her parental house.
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After a month, her husband came in the village to take her back in her in-
law’s family, but she refused to go with him. After countless requests, she was
ready to go with her husband. She found that her husband had changed a lot. In
the meantime she became pregnant and gave a birth to a female child, but her
husband did not express any happiness on the birth of a female child. After some
days her husband came in his home with heavy drink and misbehaved with her.
Now, Sanju have decided not to tolerate such type of behaviour. One day she
decided to report the police, but police did not help Sanju, instead of helping,
they favoured Sanju’s husband and his family members. Now she is compelled
to live in her in-law’s house and tolerating brutal behaviour of her in-laws family.

Case Study-V:
Mrs. Poonam is a postgraduate in Art and is 29 years old, belongs to
backward caste. At present she is working as a tutor. Her father is a peon. She has
two elder sibs, one brother and a sister. Poonam's mother working as a housewife.
Poonam was married at the age of 24 years. Her husband's working as a teacher
in a private school as well as doing study in University. Her husband has one
elder brother. His mother is quite old and his father has died. Her mother-in-law
is a very simple and ordinary women she has no anger in her but Poonam's
brother-in-law and his wife were misbehaving with her everyday. They beat her
many times with slapping, pulling hairs, sticks, abused her in front of her parental
family members. Her husbands' brother is in a good job in Armed force. Her
brother-in-laws is not living with her and her husband’s house. The main cause
of this conflict is a pension of his mother. She is taking pension of her died
husband. She does not want to give this amount of pension to his elder son.
Poonam is a mother of two girls. She had gone through two abortions because to
avoid birth of a female child. She does not want these abortions, but she was
tortured by her husband because they already have two girls in their family. She
felt guilty on this. Her husband's brother and his wife always taunted her that you
deserve two daughters, because you are using my mother’s pension and spend
this amount alone. They want half pension of his mother but her mother-in-law
living with Poonam and her husband. Her husband not favorured her because he
respects his elder brother and Bhabhi. Poonam shares family matters with her
own friends. Her friends also suggested her not to complaint this matter before
police or before panchayat. The main reason for not reporting the police or
panchayat, that they fear that it will be a matter of own-esteem and family respect.
She said that after all, live they have to in this family, with family member. In
63
life, time will change and you will be a happy person (Khushi or Gum to Ek sike
ke Pahlu Hai).

Case Study- VI:

District Gaya
The reason for selecting villages of Gaya is that they are underprivileged and
suffering from various kinds of undulation for their survival.

Respondent Profile: Sangeeta Devi, Age-35 yrs, Occupation-Labour, Child-2


girls, No. of persons in the house -4,Caste-Ravidas,Location-Nepa

When we went Nepa, we met a woman namely Sangeeta Devi. Looking at her,
we asked her “why are you so nervous”, in the beginning, she was very afraid
and not willing to tell us anything. Seeing her condition we made her believe
that this survey is completely safe, moreover, after this counseling some of the
appropriate measures will be provided for her wellbeing. Then only she replied
me that 'my husband drinks alcohol and comes back home with the urge to beat
me. I have two girl children and have to earn money by myself for their
education, even the proper food. Once I finish my household works, leave to
another home as I'm working as maid. So I work very hard for earning some
money, but that too my husband takes in for the sake of his addiction'. Then We
asked her“ you must have Ration card ?”she replied 'yes, I have, and I am able
to get wheat, rice, kerosene oil etc. and other than this I have Voter id card,
Aadhar card I came here after my marriage.

Case Study-VII:
Sikandar Paswan, Age - 22,Occupation-Coolie,Child -1 boy, No. of person in
the house -5,Caste -Paswan, Location-Tepa, Sikandar paswan lives at Tepa. His
wife has been passed away. He lives with his mother and for their livelihood;
her mother has a tea stall. His child studies in government school where he
relics on midday meal etc. Sikandar Paswan also has Aadhar card, he get
benefitted from Aanganbadi, Bank account etc. when we asked his mother “how
your son does behaves? Is he good with you?” She said 'No, he drinks alcohol
and then starts quarrelling with us and even with the neighbours. He abuses all
of them'. Sikandar Paswan and his family have been living there in Tepa since
20 years but still they are suffering for their survival.

Case Study-VIII:
64
Mamta Kumari,Age-28,Occupation-Housewife,Child-1 newborn boy, Caste-
Rajput, No.of persons in the house-7,Location-Karyanand Nagar

Mamta was found to be a victim of dowry violence. When we visited her home
she respectfully served us. But the dark secret came out when I heard someone
was scolding enough loudly to agitate anyone even outside the home. We
rushed into the living room and got shocked; she was not only been tortured
with abusive words but beaten by her husband and mother in law as well.
Somehow I made them quiet and requested Mrs. Mamta and her mother in law
to cooperate me for counseling. Then we asked them “why are you having such
kind of violence?” Mamta said 'My parents were asked to give a vehicle at the
time marriage was fixed. But because of the unfavorable circumstances my
parents couldn't arrange for the same and asked my in-laws to give their mercy
for some time; though my parents are making efforts to fulfill their promise till
today. And here in my in-laws none is willing to understand mine as well as my
parents.'

Case Study-IX:
Babli Devi,Age-35,Occupation-Housewife,Child-1 boy, Caste-Vaishya,No. of
persons in the house-4,Location -Purani Bazar

When we met Mrs. Babli Devi and her family, we found quite different result.
Her husband was the victim of domestic violence there. Meanwhile of my
counseling we asked Babli Devi “what makes you such a rude towards your
husband?” She replied 'why should only the male of family have right to be
dominant over the female members, No, I decided to oppose this and that is why
I started become harsh on my husband to control him. The way he treated me
like the slave I too will behave the same. Additionally I need some more
expensive items in my home, but his salary is not enough. So I send him to
execute overtime work to fetch my needs. What is the man supposed to do, of
course, to fulfill woman partner's need. So he will have to work overtime if he is
not a rich man.'

Case Study- X:
We visited many places in district Munger and found out some of the areas
severely affected by child domestic violence.

Sumit Kumar, Age-15 yrs, Occupation-Student, Caste-Dhobi, No. of persons in


the house-4,Location -Ratanpur
65
When we met Sumit, initially, it was a pleasant meeting with him and we were
very curious about his education and lifestyle. But the end result was quite
disappointing. It seemed he is a bright student but suffering from the lack of
moral support. We asked him “what do you want to become and why?” He
replied us 'I want to become a teacher. Because my friends tease me in the
school, they abuse me. Even at home my parents put pressure to help them in
their instead of let me free to continue my study. They ask me to go for washing
clothes in my school time. So I want to become a teacher. Once I'll become a
teacher, will go to meet each and every parent of my students to make them
understand that they will surely earn more if their children get educated.'

Case Study-XI
Shri Ram Chandra, Age-81 yrs, Occupation -Retired school teacher, Caste-
Bhumihar, No. of Persons in the house-4,Location-Tarapur

Shri Ram Chandra was found to be victim of old age domestic violence. He told
me how his son behaves with him. For the sake of money his family is keeping
him with them and often exerts verbal abuse, sometimes his son beats Shri Ram
Chandra. Except one grandson every person is harsh on him. Shri Ram Chandra
said 'let my children live happily, it doesn't matter much whether they are good
with me or not.'

Case Study-XII:
Capital Of Bihar; Patna
The reason we decided to visit and survey in Patna is our curiosity to dig deep
to find out the cause of domestic violence even in the well-educated and
established family.After visiting many places my thirst of research met the
result adequately in the area of S.P. Verma Road.

Mrs. Nita Kumari, Age-32,Occupation-Air Hostess,Caste-Brahman,Child-1 girl,


No. of persons in the house-3,Location-S.P.Verma Road

Mrs. Nita was found to be a victim of psychological domestic violence. She


herself told us 'I've been hiding my issues form everyone but now I'm sick of
this. I tried my best to save my marriage but now I got tired with having zero
result. So I have decided to file a divorce.'

We asked her “what made you such a helpless that you are going divorce your
husband?” She replied very politely 'My husband is a software engineer
66
working in MNC, and he can't take that I am earning a bit more than he does.
Moreover, he is not willing to allow me to stay outside the home. When I got
married, my in-laws wanted me to be a housewife only. So I agreed happily for
the sake of my family. Despite my husband himself asked me to join my job a
year ago when there was some financial crisis. So I joined my job again. But the
present situation got even worse. He abuses me, tortures me by various means. I
have a girl child; he is not ashamed before our child and continues torturing me.
I content each and every thing to make my family happy but now I'm realizing
that they are simply taking advantage of me.'

Chapter 4

Design of research
Research Scope, Objective and Methodology

67
The main aim of this study to was to understand the nature of violence against
women and its socio-economic dimensions, which includes different kinds of
violence affecting SC, OBC and Muslim women in rural Bihar. Research was
carried out in four villages, the details being provided below. The study explores
the following kinds of violence:
Conceptual Framework:
• Direct inter-personal violence at the micro level, such as domestic and
other forms of violence (physical, sexual and psychological) both in the private
and public realms (i.e. in the home as well as work place). These can range from
violence against women by husbands, kin, and in-laws as well as by employers
or other employees in the work space.

• Indirect violence at home include restriction in mobility, not being


allowed to work, not having any say in the decision-making processes in the
house or lack of any control over household income. Indirect violence at the work
place, related to the deprivation of wages, payment of inadequate wages, lack of
good conditions of work and inadequate rest and leave were also be studied. Other
aspects of violence such as structural violence, stemming from unequal power
relations, characterized by patriarchy and poverty (historically rooted socio-
economic and political oppression and inequality); symbolic violence, arising
from internalisation of gender-based, caste and other social inequalities and
resultant humiliation as well as neglect by state and non-state institutions will be
recorded in order to get an in-depth understanding of violence in rural Bihar. The
study also attempts to explore the dynamics, transformation and changing nature
of caste, gender and class-based violence in the selected villages. It will help
understand the interaction of structural factors such as class, patriarchy and caste
with social and economic changes, hinging on migration, changing and
expanding labour marketsthe impact on social relations and violence against
women.

Methodology
Two villages were selected from the northern districts (Belabadan in Purnia and
Khangaon in Madhubani); and two from the southern districts (Rupaspur-
Salempur in Gaya, Chandakura in Nalanda). In all four villages, IHD has
conducted detailed longitudinal research since the 1980s. The four villages are
located in the north and the south and have different socioeconomic and
68
occupational characteristics and demographic composition. Research was carried
out over a period of one month from December 2012 to January 2013. Secondary
information on the villages had been compiled by IHD, which was used to prepare
the base for the field research. This was followed by rigorous field visits to each
village to collect qualitative information from various stakeholders, as discussed
below.

Research Methods
The study was entirely qualitative in nature, and involved the use of participatory
methodological tools such as focus group discussions (FGDs) with relevant
groups (both men and women of different age groups and caste groups) and key
informant interviews with relevant stakeholders (local leaders, community-based
organisations, non-government organisations, primary health care centre (PHC)
and police station wherever possible). The main tools that were used were:

1. Transect walk

2. Community Schedule

3. FGDs/Interview Schedule

A community schedule was designed to obtain some overall socio-economic


information about the village, information on status of women, social conflict and
tensions, safety and security perceptions as well as social traditions of the village
from the village head or other

informed persons. Community-level discussions and enquiries were followed by


FGDs and interviews with multiple socio-economic and identity groups, and
personal in-depth interviews with informed persons and relevant stakeholders.
Although much of the community-level information was confirmed, some of it,
particularly on status of women, conflict, and safety and security issues emerged
as mildly to starkly contrasting. Thus, a combination of tools helped enhance the
research and obtain a holistic understanding of the concerned issues. An attempt
was made to cover as many perspectives of both men and women, belonging to
different social and economic groups within each village, such as dominant caste
groups, vulnerable and weak caste groups, mixed caste groups, old and young
and migrant families. In addition, relevant stakeholders such as Primary
Healthcare Centres (PHCs), police personnel from the police station as well as
well-informed individuals such as anganwadi sewika (basic health care
provider),and mukhiya (village head) were interviewed. The main aim was to
69
understand perspectives of different groups and individuals regarding violence
against women, its causes and consequences as well as coping mechanisms. The
rationale for interviewing groups and persons from varying socio-economic and
identity brackets was to understand how violence against women is understood
and experienced by them, how it impacts them and how it is dealt with. It also
helped provide a holistic picture of violence, which would otherwise not have
been possible.

RESEARCH FINDINGS
Social Profile of the Villages

The village of Chandakura is located in the southern district of Nalanda. It is a


mediumsized village with a total of over 300 households. It is divided into the
eastern part, called Khalsa, and the western part, called Mulki, although, officially
it is called Chandakura. The village is predominantly Hindu and the dominant
caste group in this village is Kurmi (OBC II) (Schedule of castes in Bihar. The
Ravidas and the Beldar caste groups were considered weaker because they were
illiterate and landless.The village of Rupaspur-Salempur is located in the southern
district of Gaya in Tikari. According to the community level interactions, the
village has six tolas, namely, Salempur, Rajasv, Rupaspur-Pokharpur, Rupaspur-
Mandiya and Rupaspur-Belband. Rupaspur-Salempur actually consists of two
separate villages, which are proximately located. It is a medium-size village with
about 400 households. The village is predominantly Hindu and Bhumihars are
the dominant socio-economic caste group, followed by the numerically dominant
Koeris.Musahars among the Scheduled Castes were regarded as the weaker socio-
economic caste group because they were uneducated, poor and landless. To quote
one of the respondents, “even in the way of thinking, they were weak”, which
could be indicative of their internalisation of the sense of inferiority, rooted in the
caste system. Bhumihars and Kushwaha caste groups were considered dominant
as they were wealthy, landed and had a source of livelihood. The village of
Khangaon is located in the northern district of Madhubani. The village is split
into two parts, namely, North and South Khangaon. It is a big village with over
650 households. Rajputs were numerically as well as socio-economically
dominant, while the Ravidas and Muslims were considered weak because they
were illiterate and landless. The village of Belabadan is located in the northern
district of Purnia. Community-level enquiries revealed that this village is Muslim-
dominated. Sheikhs are upper strata Muslims and are socially and numerically
dominant, while Ansaris are considered weaker as they are poor. Musahars are
70
also considered to be weak, owing to their social and occupational status. There
are four tolas in this village: Rahmanpur, Dhobiya tola, Purab tola, Paschim tola,
Teen tola.

Government Policies in the Villages


Overall, the Integrated Development Scheme (ICDS), Accredited Social Health
Activist (ASHA), Mid-day Meal Scheme (MDMS), Indira Awas Yojana (IAY)
and Balika Vivah Yojana were considered successful. Mahatma Gandhi National
Rural Employment Guarantee Act (MGNREGA) was reported to be successful
in all villages barring Rupaspur-Salempur. Policies meant for women and girls
such as Janani Suraksha Yojana and the Balika Vivah Yojana were reportedly
functioning well across the villages. Balika Cycle Yojana was functional and
cycles were given to girls, according to the community,but the roads were not
good enough to cycle to schools for higher education. Schools were located at a
distance. Some groups reported that many schemes were not availed of, owing to
lack of education and awareness among the people.

Status of Women and Girls


The condition of women was seen to be improving by both men and women
overall, although some discriminatory practices such as differential treatment
towards sons and daughters, early marriages, restricted mobility and decision-
making ability regarding household and reproductive matters, the prevalence of
branding some women as witches (dayan) and unfair treatment of widows were
in existence. However, most girls across the villages were reportedly completing
secondary education, and some groups of younger women seemed to believe in
gaining control over decision-making. Most women reported being part of a
Mahila Samooh (women’s collective), which provided a forum for socialising as
well as a financial safety net in times of need. Many groups, both male and
female, seemed to think that the status of women was improving over the years.

Education and Marriage


Research findings revealed that most girls across the villages went on to complete
their secondary education, but dropped out mainly to get married. Another factor
influencing them to drop out was the fact that schools offering higher education
were located very far from the village. In Chandakura, girls go to school, and
generally complete class 8. However, they are not able to continue their
education, owing to social pressures such as marriage or because the school
71
facilities are poor. Moreover, it is generally not considered good to study after
marriage. According to community-level interactions, girls were married between
18-25 years, although during interviews and FGDs, it was learned that most of
girls had been married in their early teens, while women from the older generation
were married off at an even earlier age of 7-8 years. In Khangaon, community-
level interactions revealed that though girls did go to school, Muslim girls were
not allowed to do so and were married between the ages of 15-18 years. In
Rupaspur-Salempur, most girls are free to pursue education, but it depends on the
families’ intention. Most girls are married at the age of 15-16 years, particularly
of the weaker caste groups. In Belabadan, most of the girls reported going to the
school in the village except for a few non-Muslims, who felt that they would not
get attention as they were a minority. Most of the girls get married between 15-
18 years. Few of them reportedly continued their education after marriage.

Physical Mobility
Overall, women, particularly younger girls and unmarried females, faced
restriction and social control, and could not go out without being accompanied
by men or their mothers. Many men and women felt that young girls should not
go out alone, because if something were to happen, the family’s honour might be
harmed. Another issue that was seen emerging was that the upper caste women
faced more restrictions on their mobility as compared to the poorer women.
Muslim women in other villages were seen to be restricted, but in Belabadan, they
were seen to be relatively more mobile. This could be attributed to their being in
a majority in the village. In Belabadan, women and men felt that women were
more mobile, which could be attributed to male migration.

In Chandakura, women across caste groups said that they were not allowed
to move independently and had to be accompanied by their husbands. Young
women said that they never left the house without permission and they even went
to the toilets with their mothers and went in groups to school. Women from the
mixed caste groups said that they often went with their husbands, but some
women never left the house. Kurmi men said that women over the age of 30 years
could sometimes go without permission, but school-going girls and young girls
did not go out without permission of their family members. Ravidas men said that
women were allowed to move out to the market alone without any need for
permission. Women and girls felt safe in public spaces such as temples, gram
sabhas (local self-government) and at annual fairs. There were no spaces that
were considered particularly unsafe (though they mentioned that women travelled
72
in groups, which could be indicative of some insecurity while moving about in
public spaces). Men and women reportedly sat together in the community hall.

However, during discussions with the anganwadi sewika some


contradictions emerged. She said, “At night no one should go to the outside areas.
Near the railway line, it is secluded, and bad elements roam around there. It is not
safe for men or women.” In RupaspurSalempur, the Kushwaha caste women felt
that girls should go out to study. One of them said, “Young girls who go out do
not necessarily acquire a bad character. That can happen even inside the house.”
Women from the Musahar caste group said that they used to go to the market
unaccompanied as and when they wanted, and did not ask for their husbands’
permission. This was in contrast to the Bhumihar women, who said that they
could not get out of the house without the permission of men or without being
escorted by a male family member. They said, “Our husbands scold us if we go
out or talk to anybody unknown. We are not allowed to move out of the house to
go to the market without an escort of a male member of our family.” Muslim
women talked about the increasing use of the pardah, attributing this to the fact
that more women were going out to work in the fields, and felt compelled to use
it. This is interesting as more mobility seems to be accompanied by more social
control.

According to the anganwadi sewika, girls in this village study till class 8
in the school, and then go to the high school, which is located further in Datyana.
It is a positive development. She also said that although other women move
around in the village fairly independently, Bhumihar women are relatively less
independent and have to take permission from their male kin or elders.
Discussions with young women revealed that while older women do go to the
market alone, younger girls and daughters-in-law cannot go out without
permission. Interestingly, Musahar men reported the same view as the Musahar
women in Chandakura.

One of them said that he had no problem if his wife went out of the house.
Men from the Bhumihar caste group said that they did not have any problems
with their women going to the market, which was in contrast to what the
Bhumihar women had been saying. One of them said, “Women are free to move
out to the market as they do not like our choice of shopping. Therefore, we let
them go to the market on their own.

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However, we do not let our women go to the agricultural field alone as
negative elements may be there and might harm them.” They said that girls are
responsible for upholding the honour of the family.

This may be juxtaposed with Muslim Ansari men’s perceptions: “Women


of this village are confined to their homes and are not allowed to move out of the
house alone. Women have the freedom to go out for shopping or to meet
somebody but only with husbands, not alone. It is not essential for a woman to
step out as she has to take care of the house. Due to religious and societal
pressures, freedom cannot be given to women even if the men wish to give it.”
Similarly, men from the OBC I and II (refer to Annexure II) groups also said that
women cannot go out without permission or unaccompanied.

In Belabadan, the Sheikh women, who belong to the upper strata of the
Muslim community, revealed that they were not allowed to step out of the house
alone and that they could only go out with their husbands for a family wedding
or for someone’s death in the family. Sheikh men admitted that if their wives ever
went out alone without telling them, they beat them. In contrast, Musahar men
claimed that they gave full freedom to their women to go out alone. One reason
that they cited was that most of them were working in the city, far away from the
village, and so, had no choice but to let their females manage and move about
freely. This brings into focus the potential impact of male migration on women.
In Khangaon, most women, except Rajputs, seemed to have mobility in terms of
going out to work, which reiterates the role and perception of caste in women’s
mobility.

Decision-making
By and large, women did not have control over decision-making regarding
finances, and many times was not considered responsible enough to handle
money and spend it judiciously. Incidents of physical and verbal violence were
also reported if a woman spent money without consultation with her husband.
There was variability in perceptions about this issue across caste, with Musahar
women and migrant households reportedly being relatively more independent in
these matters.

In Chandakura, while the women felt that they could spend their household
incomes without consultation, men felt that consultation was essential. Ravidas

74
women felt that both men and women should give an account of what they spent
to each other. In RupaspurSalempur, Muslim women said that in matters of
household expenditure, both women and men consult each other. Musahar
women said that they would deal with household expenses as the men drank and
wasted the money. Women from migrant households said that they alone took
care of the expenses as husbands were not there but sent money. They said that
they would still consult the husbands while spending money. There was a clear
difference between male and female perceptions. Musahar men felt that women
needed food items and that was sufficient. One of them said, “We earn and give
what is essential, and do not allow her to spend money on her own. If the woman
of the house spends money on her own, we beat her up.”

Bhumihar men said that women in their homes had full freedom to spend
the money that men earned. One said, “Women are not allowed to spend money
without the consent of their husbands.” Men from OBC I and OBC II felt that if
a woman spends money without asking her husband, she gets scolded by him. In
Khangaon, Rajput women said that their husbands did not consult them in any
household matter, but they provided them with whatever was needed. The men
also confirmed this. Ravidas men said that women are not allowed to spend
money without their permission, as they might buy ‘unnecessary’ things.
Rajputmen also said that women might waste money. One said, “Women are not
so independent. They still have to depend on males of the house. We provide
them with whatever they need. Therefore, they do not need money. If we allow
them to spend money, they waste all our resources as they do not know how to
spend it judiciously. If they spend money without asking us, we scold them.
Money possessed by women is spent by them only on their own clothes and make-
up.”

In Belabadan, Musahar women said that they could spend household


income on their own without consultation with their husbands. As most of their
husbands are working in the city, they claim that their husbands cannot do the
decision-making regarding household expenditure. Sheikh men admitted that
they did not give any money to the women as they did not trust them with money.
Their view was that women were not competent enough to spend money
judiciously. Barahi men said that women were allowed to spend money only with
husbands’ consent.

In Chandakura, Ravidas women said that child birth stopped naturally


(possibly referring to menopause). Young women felt that men were responsible
75
for multiple children and should therefore undergo an operation. One Kurmi
woman said, “My husband was against my getting an operation but I underwent
one behind his back. When he got to know, he beat me so badly that my stitches
split.” According to her, “We have been telling women to get operations and
women have begun to understand, but the men do not understand. Once a woman
got it done, and the husband really abused her and did not let her move out for
three days. In the past, men did not even let the children get inoculations. Men
feel they can do whatever they want with women, whether they feed them or not,
keep them healthy or not. They earn, so they think they can do whatever they like
with women.”

Women across groups denied ever undergoing or being forced to undergo


sex selective abortions as it was illegal, besides being immoral. They felt that,
“Baccha bhagwan ki den hai aur hum unko nahi maarte.” (Children are gifts from
God and we do not kill them). The anganwadi sewika said that sex selective
operations were usually opted for by richer households as the poor could not
afford it, whereas poor people kept having children in the hope of getting a son.

In Rupaspur-Salempur, Kushwaha and Muslim women said that

though they did know of medical procedures and medicines, child birth stopped
naturally.Bhumihar women said that men were also opting for birth control
procedures. Musahar women averred that some of them had undergone an
operation with the husband’s consent and that the men were in charge of family
planning. One woman said, “Men will never get an operation as they feel that
they might want to produce when they are old.” Muslim men said that this was
not practised in their community. Sex selective abortions seemed to be more
commonly admitted here than in Chandakura. Kushwaha women claimed that
female foeticide occurred as a result of excessive pressure from the family. “The
husband forced his wife to abort the child, and if we do not do so, he beats us.
They say that a woman is responsible for the birth of a girl child or a boy child.”
Bhumihar women stated that if a woman kept bearing girl children, she was often
made to abort the foetus if it was female. Muslim women claimed that sex
selective abortions were not practiced in their community. Women from migrant
households found this practice abhorrent and did not patronize it. They also
voiced the view that rich people who could afford such an operation opted for it,
rather than poor people like them. Muslim men said that if a woman bore only
girls, her husband threatened to marry again. Bhumihar men claimed that this was
not practiced as it was not legal. One man observed, “It is alarming that this
76
happens, as the ratio of girls to boys is falling rapidly. However, women who
have multiple daughters do suffer at the hands of the in-laws.”

Musahar men testified that if women do not produce a boy, they are treated
badly, and often denied basic amenities. OBC I and OBC II men also said that
women who could not have a boy were looked down upon and made to bear
psychological abuse from the in-laws and other people. “This is because a lot of
financial obligations accompany the birth of a girl child, and it is considered a
curse (referring to dowry).”

In Khangaon, no women in the village had control regarding decisions on


family planning. Paswan women said that if they tried to take control, there were
fights. No Muslim women reported using contraceptives as it is not permitted in
their religion. Men from different caste groups said that if women bore girls
repeatedly, they were considered unlucky, and had to bear psychological abuse
from their husbands and in-laws. They added that women were not given money
to spend on themselves. Most women denied that sex selective abortions were
occurring in the village. However, if they did occur, the primary reason was to
avoid the impending expenses of marriage and dowry. They stated that if sex
selective abortions happened, a woman had no say in the matter. Muslim women
said that they did not undergo sex determination; they accepted any gender.
Ravidas men attributed sex selective abortion to poverty and the inability to
support another child. All the men said that if women bore multiple daughters and
were not able to produce a son, they were subjected to taunts from family
members and others in the community.

In Belabadan, the decision regarding the birth of a child is only taken by


men as ‘women have no role to play’. Very few females have adopted family
planning measures, as most husbands do not approve of it. However according to
Public Health Care Sub Centre records, over the past two years, 240 women and
24 men have adopted family planning measures in Belabadan.

Discrimination between Sons and Daughters


Discrimination between sons and daughters was prevalent in all villages and was
reflected in food intake, mobility and education, although some of the men
admitted that educating girls was important. Most of the women felt that girls
should be educated as they might be able to contribute to the household income.
However some men felt that it might make them strong-headed and difficult to
control. Discrimination against girls was found to be rooted in the patriarchal
77
practice of the family inheritance being passed on to sons and giving of dowry by
the girl’s family, a social obligation.

In Chandakura, women from the mixed FGDs felt that their husbands
discriminated between sons and daughters. Ravidas women averred that
daughters should get educated so that when they went to their marital homes, they
would not be dependant and be able to do some remunerative work. Young girls
felt that they were scolded more than their brothers and they had to work in the
kitchen, while the brothers were not asked to do so. Kurmi men claimed that the
discrimination between boys and girls was often because of food, whereas

Ravidas men felt that discrimination was reflected in denial of education to


females and the custom of celebrating a son’s birthday and not so observing a
daughter’s. They attributed this to the fact that daughters got married and left the
parents’ house. Kurmi men believed that a daughter should be made to study and
take advantage of government policies that favoured her. “An educated girl will
be able to contribute positively to her household as well as raising children.”

In Rupaspur-Salempur, Kushwaha women said that they would want their


daughters to study, as that helped in getting her married. However, they said that
getting boys educated was more important. Bhumihar women conceded that there
was some degree of discrimination, which was reflected in the provision of food
and gifts. In Khangaon, Muslim men said, “The difference in the treatment of
boys and girls is necessary because if girls are given too much freedom, they will
become strong-headed. They could later embarrass us in our community.
Therefore, it is necessary to maintain a difference between a boy and girl.” Both
men and women felt that sons were preferred as they carried on the family name
and earned money. Daughters, however, were a liability as parents/guardians had
to arrange money for her dowry. In Belabadan, the majority of women claimed
that they preferred a son to a daughter, except for Shiekhs, as they thought that
boys and girls were the same for them, being “Allah ki den”, gift of God.
Discrimination manifests via denial of education and parity in food and clothes.
The main reason for this, they said, was because sons were the heirs of family
property, whereas the girls did not inherit parental property. Moreover, girls got
married and moved to their husband’s house while sons continued to stay with
them.

Condition of Widows: Most people said that though widows were


respected, they were not allowed to participate in any auspicious occasions as
their presence was considered negative. Moreover, many women felt that widows
78
could remarry if they were young and did not have children. There was a slight
indication of some widows being considered evil (dayan, witch, signifying the
practice of branding some females witches, which is discussed in detail later)

In Chandakura, Ravidas women stated that widows were not allowed to


participate in any auspicious events as their presence was considered negative.
Young girls felt that the condition of widows was bad and that they should be
allowed to remarry if they had no progeny.

In Rupaspur-Salempur, young girls and women from migrant households


also felt that the condition of widows was quite bad and they should be allowed
to remarry if young and without children. Kushwaha women averred that widows
were gradually being allowed to remarry. Musahar women said that widows were
not allowed to remarry, although there were remarriage cases. The anganwadi
sewika said that widows were treated with respect and sympathy. She was a
widow herself and claimed that there was no mistreatment.

Violence against Women


Now discusses violence in its various forms, ranging from physical, sexual,verbal
and psychological violence in the private and public spheres; direct violence that
is rooted in social norms such as caste and patriarchy, to indirect violence such
as its normalisation and acceptance; and violence that is being perpetuated
through social practices and beliefs. Some focus is also on the varying forms of
coping mechanisms that people, in particular women, resort to.

Domestic Violence
Domestic violence was widely prevalent across socio-economic groups in the
villages, and had been normalised to an extent that both men and women,
particularly women, not only justified this violence but were ready to fight with
anyone, who tried to intervene. Such normalisation was rooted in patriarchy as
well as helplessness on the part of women who felt they had no means of redress
and nowhere to go. Most women felt that one of the main factors that reportedly
led to domestic violence was the inability of men to provide for the house and
their children, while the main trigger was the consumption of alcohol. Most men
felt that they beat their wives as the latter nagged them about finances, while
others admitted using violence as a way to control their wives. Interestingly, some
women averred that men beat them because the wives did not earn and contribute
to the family income.

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Migrant women reportedly experienced domestic violence on a much
lesser scale, but at the same time, they did support it. It was observed that the
economically better-off women supported domestic violence more than their
poorer counterparts. During some discussions, it was revealed that women were
resisting atrocities in ways ranging from not cooking and going to their mother’s
house, to reacting verbally. Some men reported being abused by their wives,
although this was rare, while others believed that they were at fault.

In Chandakura, the mixed caste FGD, which included women from


different age groups and caste groups such as Paswans, Beldars, Ravidas
(Chamar), Mahto (Kurmi), admitted that domestic violence was prevalent and
that alcohol primarily triggered it. They said that most such cases among Ravidas
and Beldar caste groups could be attributed to the effect of alcohol as they
indulged greatly in consuming liquor. Domestic violence, according to them,
ranged from physical and sexual abuse to husbands throwing their wives out of
the house in the middle of the night and never being apologetic about it. They
perceived the inability of women to have a male child as one of the main reasons
for domestic violence. As per their testimony, women felt insecure if they were
not able to bear a son, and felt that their husbands would leave them. One of the
women said, “The husband is God, so we have to take care of him.” Ravidas
females also admitted to the prevalence of domestic violence, even stating, “All
husbands beat their wives, although some beat them more and some less.” They
felt that usually the women were at fault. The prevalence of dowry was reported
among both rich and poor families. It was said that no marriages take place
without the giving of dowry.

The anganwadi sewika belonging to the Ravidas caste in Chandakura said


that men often beat their wives because of their own inability to work, earn and
provide for the children. Such assaults were usually contained within the privacy
of the home.

However, among poor and illiterate people, the fights spilled outside.
Sometimes husbands beat their children if they were not able to earn. She said,
“Men marry again for dowry and also for male children. Marriages have become
a joke. So many people keep marrying again and again. If a husband loses his
wife, he can marry again. But if the husband dies, the wife is not permitted to
marry again.”

Young girls between the ages of 13-16 years across caste said that domestic
violence did exist, and it was deplorable. They felt that alcohol was the main
80
reason for domestic violence. According to them, men beat their wives if they
were not obeyed, or if the wives were to do or say something that the former did
not like. Another issue, they added, that caused domestic strife was the
expenditure on children. According to the anganwadi sewika, “Men have alcohol
as they are tired from work. They also spend all the money on alcohol.

Musahar ladies also drink along with their husbands. They do dirty work,
cleaning drains and the like, so they drink. They also remove animal carcasses.”
This might be indicative of the perception other caste women have of Musahar
women, although the latter did not admit to drinking with their husbands.

Among the male groups, Kurmi men said that domestic violence existed
and anger was the main cause. The other reasons for domestic violence cited by
them were women spending money without consulting them, or nagging them
about expenditure on alcohol. The men from the Ravidas group attributed
violence in general and domestic violence in particular to the problem of
alcoholism in the village. They also attributed acts of violence to arguments
between husbands and wives over expenditure on children and wives
complaining over how much more work they did in the house as compared to the
men. They, however, felt that neither the man nor the woman were at fault. Both
the Kurmi and Ravidas groups felt that domestic violence had a negative impact
on family dynamics, particularly on the children. Women who had been subjected
to violence reported going to their parents’ house or not cooking for a few days
in some cases. Men and the children consequently suffered as the wives did not
cook for some days, which emerged as an interesting coping mechanism among
many women.

The anganwadi sewika said, “Domestic violence occurs in front of


everyone, and no one intervenes. If someone does, then the husband will tell the
intervener to mind his or her own business. No one helps.” During an interview
with a couple of Kurmi women, it was revealed that if some third person tried to
intervene in a domestic fight and blamed the perpetrator, wives did not tolerate it
and beat the person who tried to intervene. This reflects the depth of normalisation
of domestic violence among women in the community.

In Rupaspur-Salempur, the phenomenon of domestic violence was


widespread and admitted openly by all the socio-economic and identity groups.
Young girls said, “There are a lot of fights between a mother-in law and a
daughter–in-law of the house, and sometimes the mother-in-law tells her son to
beat his wife.” Kushwaha caste women said that domestic violence occurred and
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they were angry about it. They said that the reason for such acts was that women
did not work, and men terrorised them in order to make them pay for not
contributing to the household income. They thought that if they got employment,
husbands might not beat them. During discussions with the Bhumihar caste group
women, one woman said that her husband used to beat her and called her
demented. She also said that her fatherin-law tried to molest her. “Once my
father-in–law tried to molest me, then in self-defence, I bit his hand.” Muslim
women said that while women from other communities were beaten by their
husbands, who consumed alcohol, this did not happen among them.

A Muslim woman said, “If a man beats his wife, it is alright because he is
superior to her.” One of them said that husbands love their wives more than
before. Musahar caste women reported widespread domestic violence, mainly
owing to the effect of alcohol, but they admitted reacting against it and abusing
them. One Musahar woman said, “Sometimes in great rage, my husband picks up
anything and hits me with it.” Women in migrant households hardly reported any
domestic violence because the men visited home only once in six months or
during festivals. The men had been away for 10-15 years.

However, the women justified it, saying that women were meant to be
beaten and it was the husband’s right to beat her. One woman said, “It is okay if
a husband scolds or beats us up as he has a right on us. And if we hit back, they
will throw us out of the house. Then where will we go?”

They also felt that during domestic strife, women were at fault. But some
men, who were hearing the discussions, indicated that women were beginning to
react to domestic violence, and were, in fact, indulging in it themselves. They
said, “Men say that these days women beat their husbands up. Women these days
follow their own mind. They do not listen to us.”

Kushwaha women said that a woman should never beat her husband, even
though a husband can beat his wife.

Men from the Musahar caste group admitted that domestic violence
existed, and said that alcohol consumption was a primary reason. They said that
men were usually at fault, but women “are stubborn by nature and this leads to
fights.” Triggering factors, according to them, was inadequate food in the house
or incomplete household chores,which make husbands angry.

Kushwaha men said that domestic violence was verbal and not physical.

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Bhumihar men said that sometimes inadequate dowry and money triggered
domestic strife. Fights occasionally broke out over the issue of giving gifts.
However, the fights were verbal. “Domestic violence in our community is rare.”

The OBC I and II groups, comprising Kahars and Yadavs, attributed


domestic violence to economic conditions. Domestic violence was also
reportedly caused by women and their constant nagging about how much more
work they did in the house as compared to men. “They insult and shout, which
leads to a fight.” Many in that group felt that women would often cross their limits
and had to be controlled. They said, “Most of the fights occur due to a woman’s
mistake as she is unable to understand anything. Then she starts screaming and
shouting. That’s why we have to scold her and do char jhapad marne parte hai
[One or two slaps have to be given]. Therefore, it is essential for men to scold and
beat women, so that they remain in their limits and don’t start to control us.”

A woman, who had been listening to this discussion, said that men were
irresponsible and wasted money on their personal pleasures such as consuming
alcohol and chicken, while women did not even have proper clothes to cover
themselves. Other reasons given by the group for domestic strife was the custom
of demanding and giving dowry.

In Khangaon, domestic violence was reported by all groups of women.


Paswan women reported being physically abused by their husbands, but never so
badly that they had to be admitted to hospital. They felt that most fights occurred
over family issues and when men drank. Rajput women also reported physical
abuse, and said that they had no option but to live with it. In the young girls group,
some reported that their fathers would beat their mothers, but they could not do
anything to stop it. Most of the times, the men were drunk.

Muslim women said that men had the right to beat them and women could
not react as it was unacceptable. Men across groups admitted that domestic
violence existed. A Muslim man said, “Sometimes in a fight, men start physically
abusing their wives. Most men think that women are also culprits whereas some
men think that men are at fault.”

A Ravidas man from Khangaon said: “In a fight, a woman is beaten and
abused, and sometimes she is even dragged outside her house, being pulled by
her hair.”

Rajput men felt that men were at fault. One of them said, “When women
and men fight, men are the culprits as they do not give women importance and
83
force their decisions on them. The most extreme way a man would react in a fight
is by shouting at the women.” Most men cited money-related squabbles and a
woman’s ‘stubborn’ nature as reasons why fights broke out. Other reasons cited
were issues over children and men’s ego. Discussions with Rajput men revealed
that fights occurred because men quashed women’s aspirations and needs. There
were very few men who physically abused women during fights. In Belabadan,
the mixed caste group FGD, which consisted of Musahar women, Sheikh women
and young girls, admitted that they were victims of domestic violence. The
reasons varied for different caste group. Sheikh men beat their women for saying
no to unwanted sex, and sometimes alcohol triggered rage in them.

Musahar women complained that their husbands beat them when they had
an argument over money. Young girls told us that they were beaten up by their
fathers frequently when they tried to protect their mothers from fathers. OBC men
admitted that inadequate dowry was also one of the very common reasons for
fights between men and women. According to them, they were promised an
amount before marriage but did not get it after they got married.

Sexual Violence
Although there was not much mention of sexual violence in public spaces, there
were some interesting perspectives that emerged. It was clear that if a woman was
sexually assaulted while roaming around unaccompanied, the dominant
patriarchal notion was that it was usually her fault. However, in a situation where
she was travelling with her husband or some family members and was attacked,
it was considered an accident. In Chandakura, the mixed caste women FGD,
which included women from different age groups and caste groups, indicated that
there were other kinds of gender-based violence, such as rapes in the public space.
This referred to a recent incident. But when asked who was at fault, most of them
felt that the woman was at fault for roaming around freely. Incidents such as these
were not reported due to fear of harm to the woman’s reputation. Incidentally,
women from migrant households felt insecure while moving around in public
spaces, as their husbands were away.

Responsibility for sexual assault


The anaganwadi sewika from Chandakura said, “In rape cases, most people blame
the woman for the rape. Particularly those women who dress up, put lipstick, and

84
thumak kar chal rahithi (sway their hips while walking). Even husbands of
women who have been raped are mistreated; they are accused of being pimps. It
is very bad. If a girl gets delayed at school and is harassed on the way, the family
is blamed. The family is told, Why did you send a young girl out to study? No
one will understand that this is not her fault.” She narrated one rape case. “There
have been three to four cases of rape. One such incident occured a couple of
months ago, when a single woman of 35-40 years was raped. She also registered
a complaint.

In this case, the men and most people will support the man and blame the
woman. Many times, women who are victims are seen as do numbari (bad
character).” The Mahila Samooh narrated another recent incident of rape, “The
area around the village is unsafe, especially at night and for women. There was a
couple that was returning to the village. They were attacked and the woman was
kidnapped, raped and hurt, so much so that she took three weeks to recover and
her uterus was damaged. It was an accident.” Later, when the anganwadi sewika
was asked to comment, she too said that it was an accident and hence the woman
was not blamed as she was travelling with her husband. Had she been alone, then
perhaps she would have been blamed.

In Rupaspur-Salempur, the young girls did not report any incidents of sexual
harassment in public spaces. Women from migrant households said that the
women were subjected to sexual harassment when they went to the fields to work.
They reported feeling insecure as their husbands were away, but they had learned
to cope with it. Bhumihar men reported that “four to five years ago, when the
Naxalite influence was strong, they used to harass women of the lower castes.
Lower caste groups had to provide food to the Naxalites in return for security and
occasionally, the Naxalites used to sexually abuse other people’s wives.

However, this does not happen anymore.” They did not report any other
kind of violence against women of their community. In Khangaon, women did
not report any incidents of sexual harassment or abuse. One incident of rape was
reported by the group of young women, which had created fear in their parents
and resulted in restriction on their mobility.

In Belabadan, women who participated in the FGD and in-depth interview said
that they did not face sexual violence from the opposite sex. The police inspector
in-charge mentioned that there were several rape cases in the village but they
were sorted out by the respective families, who thought that their women’s name
would otherwise be sullied in the village.
85
Social Practices
Superstitions

All groups said that ‘dayan pratha’ (tradition of branding some women as
witches) was widely prevalent, and that the ‘evil eye’ cast by a dayan affected
men, children and livestock. Interestingly, besides the fact that the victims were
men and children and never women, these dayans were always female as reported
by the respondents. A distinct fissure between the sexes is thus found, where men
are victimised and women are demonised, which is again rooted in patriarchy.
The tradition attempts to cast out women who are single, living alone, widows or
unconventional in a way that does not conform to socially defined roles for
women. Discussions across villages revealed that spirits were known to enter
some women, who were either weak-willed, young, unclean, widowed or in some
way noticeable, which transformed them into dayans. They were then cured by
being cleansed through various ritualistic processes, often painful and
humiliating.

In Rupaspur-Salempur, both men and women of different age and caste


groups believed in dayan pratha (practice). A young girl said, “In our village,
spirits come and bother people and everybody believes in it. My sister, who was
pregnant, died because of a dayan in the village.”

A Kushwaha caste woman said that there were spirits that haunted the
village and jhaarphook had to be done. Other Kushwaha women felt that this was
a negative tradition and was a way to make women fight.

Bhumihar women also said that there were spirits that were usually
attracted to younger girls. These spirits entered the girls and jhaarphook had to be
performed so as to free them of the occult influence. Women who are under the
influence of these spirits or are hexed are seen acting loud and hysterical. The
ojha (exorcist) then puts turmeric and chilli powder in her ears and beats her with
a broom to remove the hex. Muslim women said that they did not believe in
dayans although they knew that other communities believed in and feared them.
But their men averred that the tradition of dayans did exist, and that many men
were known to be affected by it. It was believed that if someone spoke to a dayan,
male members in the family fell ill.

Musahar women revealed that if they realised that someone was a dayan,
they would beat her and scare her off. One Bhumihar man said that spirits often

86
catch women who remain unclean and are weak-willed. A man from the OBC
caste group narrated a personal incident when he became seriously sick after
speaking to a woman who was considered a dayan. He was taken to numerous
doctors, but his condition did not improve.

Finally, someone told him that this woman may have caused his sickness,
and she should be called to do jhaarphook. It is believed that if the dayan herself
does jhaarphook, the negative effects recede. After that he became better and
never ventured near that woman again.

Men and women across caste groups in Khangaon reported that dayan
pratha existed and that men were the targets of their evil eye.

Men and women from the Rajput community felt that this tradition, along
with that of spirit-possession was more common among lower caste groups.
Rajput women believed that widows were often considered dayan and to be
responsible for the death of their husbands. They then proceeded to cast an evil
eye on other men.

People in Belabadan felt that the only women are dayans and not men.
Women from mixed caste FGD group claimed that a dayan comes to the village
only during the festivals such as Durga Puja. All of them mentioned that a moulvi
(priest) helps in removing the ‘dayan atma’ (spirit) from the body.

OBC caste groups mentioned that remedies to cure women vested in


putting red chilli powder in their eyes and ears. People in the village averred that
they badly humiliated women who were considered dayans by verbally and
physically abusing them.

Dowry
In Chandakura, the practice of bestowing dowry was widespread, and the group
of mixed caste women said that many men engaged in multiple marriages in order
to receive dowry.

In Rupaspur-Salempur, young girls felt that dowry was a negative social practice,
but society demanded that a girl’s parents give dowry for daughters’ marriage.

Kushwaha women felt that the practice of giving dowry was increasing as was
the pressure on a girl’s parents.

87
“Initially, any amount in dowry was acceptable, but now one has to give more
and more. It has also become a sort of public display. If the in-laws feel that the
dowry was not enough, they proceed to torture the daughter-in-law
psychologically and physically.”

Bhumihar women admitted that in-laws would harass them for dowry, but they
insisted it was verbal and not physical. Muslim women said that the phenomenon
was in existence, but people gave dowry according to their financial standing.
Women from migrant households said that if a woman was educated, less dowry
was demanded. Among men, there were differences in opinion. While Musahar
men said that dowry increasingly became a bone of contention between husband
and wife, Bhumihar men said that this was not the cause of fights.

OBC I and OBC II men said that fights occurred when the girl’s parents
gave less than what was expected. But they added that they did not fight with
their wives because of it. In Khangaon, the practice of giving dowry was widely
prevalent. Women across caste groups said that dowry had to be given; otherwise,
their daughter would be able to get married. If the husband’s family felt that they
did not get enough dowry, they proceeded to torment the daughter-in-law.
However, no one reported physical abuse. Men felt that insufficient dowry was a
major cause for domestic strife. Interestingly, Bhumihar men said that neither did
they do anything offensive if their daughter-in-law did not bring dowry, nor did
it lead to domestic strife. It is one of the most common issues among the women
of Belabadan. They think that nobody marries any girl without getting sufficient
dowry. As mentioned above, inadequate dowry is also a reason for fights between
husband and wife.

Musahar caste women said “Dahej ke bina to kutta bhi shadi nahi
karta.” Even a dog will not marry without a dowry.

Restrictions during menstruation


Observing restrictions during menstruation was common in all the villages. Most
women from all socio-economic groups and across ages felt that this was justified
as it was a “dirty and impure process”. Interestingly, in one village, Musahar
women claimed that they did not observe any restrictions during menstruation.

In Chandkura, women of various caste groups reported being subjected to


a range of restrictions during menstruation, such as not bathing, not offering
prayers, not entering the Devisthan, place for worship, and not wearing new

88
clothes. The young women said that they did not even wear nail polish in this
period. One Ravidas woman refused to participate in the FGD, which was held at
the Devisthan. Upon enquiry, she admitted that she was menstruating and
therefore did not want to enter the temple. She listed other restrictions such as not
touching pickle during menstruation as it was believed to go bad and not wearing
new clothes. She said, “Menstruation is an impure time, when all the dirt from
the woman’s body is being flushed out.”

Women across caste and age in Rupaspur-Salempur were subjected to


menstruationrelated taboos. Young women said, “Menstruation is very bad, and
during this time, we have to follow some rules, set by elderly people of the house.
Entering the temple, wearing new clothes, cooking or touching pickle are
prohibited. If we plant a sapling at this time, it dies.”

Bhumihar women and women from migrant households felt the same way.
They said that they did not wear new clothes or wear sindoor (red powder,
smeared in a married woman’s hair parting) in this period. Kushwaha women
stated that they did not participate in any auspicious occasions while
menstruating. Most women used cloth, which is distributed by ASHA, to absorb
the discharge. According to the anganwadi sewika, women from richer
households were not allowed to cook, and scolded by the elders if they defied the
taboo.

She also seemed to justify these restrictions, menstruation being considered


unclean. She felt women in general agreed with these restrictions. Khangaon,
women across caste groups said that they were subjected to restrictions such as
not performing prayers.

Paswan women revealed that they were not allowed to touch cow dung, as
it was believed to give them tetanus at this time. Rajput and Muslim women
reported using sanitary pads and cloth.

In Belabadan, Muashar women claimed that they observed their usual


daily routine, and there were no restrictions.

Muslim women averred that they were not allowed to do namaz, offer
prayers ritually, or have intercourse with their husbands during menstruation.

Inter-caste Marriage

89
Inter-caste marriages were prohibited across villages, caste and age groups.
Interestingly, while young women have been prone to challenge conventions in
other aspects, they seem to accept and even defend the taboo against such
marriages quite strongly.

In Chandakura, all the groups were unanimously against the concept of


inter-caste marriages. Ravidas women felt that it was not right while the young
women felt that they would only marry according to their parent’s wishes and not
according to their own choice.

In Rupaspur-Salempur, inter-caste marriages are not accepted across


groups, and those who do marry outside the caste groups are not accepted by their
families. Musahar women feel that this practice may threaten to finish off their
community. Young girls were quite firm about marrying within the caste, no
matter “how good or bad the groom is, even if he is a beggar.”

Discussion with the Kushwaha caste group revealed that one Bhumihar boy
had married a girl from another caste group and the parents did accept it, although
they are not living in the village.

In Khangaon, Ravidas men said that if their sons got married out of their
caste, they would ask the daughter to perform the rituals. However, if the daughter
married outside the caste, they would disown her. Muslim women said that if any
girl married outside her caste, she would not be accepted by her family.

Political and social institutions seemed to be having an empowering effect


on those who had access to them. However, outside of these, bodies such as
Mahila Samooh, females continued to face discrimination and oppression.
Research in understanding the role of these institutions in violence reduction
could be explored further.

It could be said that all forms of violence against women have common
inter- related causes, rooted in patriarchy, class and caste, and thus need to be
seen as a ‘continuum of violence’ (Bourgois, 2004) and future research could be
designed keeping this in mind. This may be important while designing policies,
and also to gain a better holistic understanding of violence against women.

90
Chapter 5

SUMMARY AND CONCLUSION

Domestic violence represents a serious abuse of power within family,


trust or dependency relationships. It undermines the basic rights of people who
because of the gender, age, disability or dependence, are most vulnerable to
abuse. It is further defined as a serious social and criminal problem that can
result in the death or disablement of victims. It can involves killing or physical
and sexual assault. It also involves other forms of abusive behaviour, such as
emotional abuse, financial deprivation and exploitation and neglect. Domestic
violence often remains a hidden problem which has long lasting effects on is
victims. United Nation’s framework for nodal legislation on domestic violence
states that all acts of gender-based-violence physical, psychological and abuse
by a family members against women in the family, ranging from single assault
to aggravated physical battery, kidnapping, threats, intimation, coercion,
stalking, humiliating verbal use, forcible or unlawful entry, arson, destruction
of property, sexual violence, marital rape, dowry or related violence, female
genital mutilation violence related to exploitation through prostitution, violence
against household workers and attempts to commit such acts shall be termed
domestic violence. The problem of domestic violence in India stems from a
cultural bias against women. Women who challenge their husband’s right to
control their behaviour or who ask for household money or step out of the
house without permission may face violence. This process leads men to believe
their notion of masculinity and manhood, which is reflected to the degree by
which they control their wives.
Domestic violence is a problem that affects the lives of many women
both in the urban and the rural areas. It is also an episode that has been found to

91
recur throughout the life cycle of women and has extensive repercussions.
Violence against women takes many forms-physical, sexual, psychological and
economic. These forms of violence are interrelated and affect women even from
before birth till old age. Women who experience violence suffer a range of health
problems and their ability to participate in public life is diminished. Violence
against women harms families and communities across generations and
reinforces other violence prevalent in society. Violence against women also
impoverishes women, their families, communities and nations. Violence against
women is not confined to a specific culture, region or country, or to a particular
group of women within a society. The roots of violence against women lie in
persistent discrimination against
women.
Domestic violence is a widespread problem throughout the developed
and developing world and makes serious impact on quality of human life and
broader development. Violence against women is the manifestation of a
historically unequal power relationship between men and women. It is a
conditioned response and it is not natural or born of biological determinism. In
the olden days violence against women was a result of the prevalent atmosphere
of ignorance and feudalism. Today violence against women is an uncontrollable
phenomenon, which is a direct result of the rapid urbanization, industrialization
and structural adjustment programmes which are changing the socio-economic
scenario of our country. In this land 'where non-violence has been preached as a
way of life for thousands of year and where women have been worshipped in the
image of Durga, Saraswati and Lakshmi, it is shocked to observe the brutal reality
of women's existence (Sharma 2000). So, the present study was conducted to
understand the domestic violence against women and other issues related to
domestic violence. Within the last few decades, gradual improvements in
women’s status due to women’s activism in various parts of the world has helped
slowly to increase the visibility of domestic violence as a social problem. Despite
this, violence against women within the family home, until very recently, has
received little attention as either a social or a public health issue. The sensitivities
and stigma associated with domestic violence, the perception that it is primarily
a judicial and legal issue, and the lack of data on the dimensions of abuse, have
hampered understanding and the development of appropriate interventions.
Research to address these obstacles has begun to make a difference.The broad
aim of the proposed study is to investigate the causes, persons behind violence
against women and its consequences. Main objectives of this study were as
follows :
92
1. To know the Socio-Economic background of the respondents.

2. To find out the causes of domestic violence against women.

3. To study the forms of domestic violence.

4. To know the persons responsible for domestic violence against women

in the family.

5. To know the suggestion for minimizing the domestic violence.

To meet out these objectives of the study we collected data from Bohar village in
district Rohtak in Haryana. We conducted door to door survey of those women
who were married during the last 3 to 5 years. The total numbers of such women
were 210 but we could contact only 200 women. The data werecollected with the
help of Interview schedule, informal discussion and case study method. The data
analysis were divided in to five chapters namely i) Socio-Economic Background
the Respondents ii) Causes of domestic violence against women iii) Forms of
Domestic Violence against women iv) Person responsible for Domestic Violence
v) How to minimize Domestic Violence by understanding the suggestions give
by the respondents.

To sum up the data analysis we can say that the Socio-economic


characteristics of respondents revealed that out of 200 respondents taken for the
study, majority of the respondents (49 %) belonged to the age group between 21
to 25 years. Regarding age of marriage, majority of the respondents (47%) were
got married between the age group of 19-21 years. While analyzing the type of
the family, the majority of the respondents (54%) were belonged to joint family,
while (46%) respondents belonged to nuclear family. The analysis of data
revealed that majority of the respondents (36%) had up to four members in their
family. Regarding educational level of the respondents, most of the respondents
have studied upto matric (38%) or having lower literacy level, but 17 per cent
respondents were highly educated.

Respondents' family was engaged in various occupations like Agriculture,


Business, Labourer and Govt. Jobs. The present findings of the study revealed
that majority of the respondents’ family (45.5%) were engaged in agriculture. In
this study, majority of the respondents (70%) were housewives, while only few
10 per cent respondent were engaged in services and 20.00 per cent respondent
handled small business.
93
Analysis of data revealed that majority of the (38.5%) respondent's family
were earning upto Rs. 10,000, followed by the respondents (31.5 %) who were
earning between 10001-30000/- per month. Regarding educational status,
majority of the respondents (38 %) were matric, followed by the (31 %)
respondents who were educated upto 10+2 level. Caste-wise analysis indicates
that majority (47.5 %) respondents belonged to higher caste, while 32.5 per cent
belonged to backward castes and 20 per cent were scheduled caste.

The housing condition of the respondents shows that majority of the


respondents (46%) were living in Pucca Houses, while (44%) respondent were
living in semi-pucca houses and (10%) respondents were living in Kuccha
houses. It shows that majority of the respondents who had pucca or semi-pucca
houses come from economically better families. It was noted that (2.5%)
respondents had no children, while 68.8 per cent respondents had 1-2 children
and 29.0 per cent respondents had 2 to 3 number of children. So majority of the
respondents had 1-2 children.

This study showed that most of the higher caste respondents had all modern
assets such a L.P. Gas, TV/DVD, Cooler/AC, Freeze, Mobile Phones, Computer,
Washing Machines and Car/Motorcycles. But in backward caste respondents, the
situation was not the same as in higher caste, yet they were also having many
modern facilities. The situation of the scheduled caste people regarding modern
facilities was low. There backward caste and scheduled caste respondents had
low facilities in comparison to higher caste respondents. The data further showed
that higher caste respondents have knowledge about the age at marriage as
compared to the backward caste and lower caste respondents. While analysis of
data showed that respondents' knowledge of law and regulation about domestic
violence, was very poor i.e. (28.5%) respondents had knowledge about these laws
and regulations while a large majority (61.40%) of the respondents were aware
about these laws. It is further revealed that higher caste respondents were having
some awareness as compared to other backward and scheduled caste respondents.

It was also noted that majority of the respondents come to know about their
rights from television/radio and newspapers. Regarding level of education and
knowledge of the respondents, highly educated respondents were more aware as
compared to low literate respondents. While analyzing relationship between caste
and domestic violence, majority of the respondents of all castes face domestic
violence. While respondents whose occupation is agriculture face more domestic
violence as compared to the respondents who were engaged in business and
94
government services. It was further revealed from the data that respondents
belonged to joint family face more violence as compared to the respondents
belonging to nuclear families.

It was also found that respondents whose monthly income was higher face
less violence as compared to lower income group respondents. When we analyse
the relationship between education and domestic violence, it was noted that the
respondents whose educational qualification is higher face less domestic violence
as compared to the lower educational group· respondents. The study showed that
relationship of family occupation and domestic violence, and observed that 45.5
per cent respondents had the occupation of agriculture out of them, majority, i.e.
(87.91 %) face domestic violence.

A similar study by David Levinson (1989) of preliterate and peasant


societies of world, it was concluded that beating is the most common and frequent
form of family violence. The present study showed that majority (79.5%) of the
respondents agree that annual income and domestic violence are related to each
other. A similar study conducted in Uttar Pradesh found that poverty is important
reason for domestic violence but all income groups face the domestic violence.
Regarding the relationship between type of house and domestic violence, it can
be concluded that respondents having kuccha houses faces more domestic
violence as compared to respondents having semi-pucca or pucca houses may be
because of poor economic conditions.

Regarding causes behind domestic violence, majority of the respondents


face violence due to domestic work, while patriarchy, dowry, use of alcohol and
unemployment and poverty were other reasons. When we asked our respondents
whether child marriage is a violence against woman, majority (58.50%) of the
respondents said yes, while a significant number of them (41.50%) says no that
child marriage is an offence. It is noteworthy that we are living in 21st century
but still a large number of respondents have trading type of thinking about child
marriage.

It was also found that majority of the respondents, i.e. 33.5 per cent discuss
with their friends regarding violence, they face followed by the 22.5 per cent
respondents who discussed with their parents and in-laws, while few respondents
discuss with their husbands and neighbours. When we analyse the reaction of
husbands after beating their wives, majority i.e. 55 per cent husband never felt
guilty, while a considerable number of them i.e. 39 per cent sometimes felt guilty.
Only few husbands felt guilty. Regarding advise extended by informal sources,
95
majority i.e. 32 per cent of the respondents received advise to compromise, while
a large number of them i.e. 28 per cent received advise for run away to their own
parents house and a sizeable number of respondents i.e. 26 per cent received no
interest of others in their own matters. It was also observed that in the present
study that majority of all caste groupS face emotional violence. It was also found
that respondents who were in service face verbal type of violence, while the
respondents who were engaged in domestic works face emotional/intellectual
type of violence and respondents who indulged in small business face physical
type of violence. Regarding age, lower age group respondents face emotional
violence while upper age group respondents face verbal, abusive type of domestic
violence. Regarding educational status, lower educational group respondents face
emotional violence, while higher educational group respondents face verbal and
physical type of violence. It was universal truth that most of the women are not
taken into consideration in decision making process. The present study also
shows that a large majority, i.e. 84 per cent were not taken into consideration in
decision making process. Only 32 per cent respondents were taken into
consideration in decision making process, out of them, majority i.e. 34.37 per cent
discussed about their children related matter, 25 per cent for domestic
equipments, 21.88 for going in their parents house and 18.75 per cent considered
for their own money. Regarding decision of marriage, majority, i.e. 52.5 per cent
respondents said that their parents took decision of their marriage, while 39 per
cent respondents said that their father and brothers took decision, few respondents
6 per cent said that their mothers have decided their marriage and only few 2.5
per cent respondents took self-decision of their marriage. When we analyse the
relationship between head of the family and domestic violence, majority of the
respondents, told that both families headed by male and female members face
emotional violence followed by socialeconomic, physical and verbal violence.
After analyzing the relationship between head of the family and domestic
violence, it was found the respondents whose family headed by female were most
sufferer as compared to the families headed by male members. It was also
observed that in all caste group, the family was headed by father in law. The
present study shows that a large majority of the respondents held responsible for
their mother-in-law for domestic violence followed by their husbands. Regarding
relationship between mother-in-law's level of education and domestic violence,
majority (57.50 per cent) of the respondents were of the view that level of
education effect domestic violence, while a considerable number of them (42.50
per cent) were not in favoured of this view. While, majority (58.5 per cent) of the
respondents said that they were victims of their mother-in-law. Regarding
96
relationship between husband's level of education and domestic violence,
majority (56 per cent) of the respondents were of the view that level of education
effect domestic violence, while a considerable number of them (44 per cent) were
not favoured this view. It was also found that a large majority i.e. 92.5 per cent
respondents were of the view that domestic violence minimize with the duration
of marriage age.

Regarding relationship between duration of respondents' marriage and


frequency of domestic violence, it was found that out of total 185 married
respondents who thought their duration of marriage has impact on domestic
violence, out of them, 23.78 per cent respondents' duration of marriage was 1-2
years, majority, i.e. 54.54 per cent have medium level of domestic violence, while
out of 46.49 per cent respondents, whose duration of marriage is between 3-4
years, and out of 29.73 per cent respondents' whose duration of marriage is above
5 years, majority, i.e. 48.83 and 47.47 face medium type of violence. So it is
evident that majority of the respondents in all groups of marriage duration, face
medium type of domestic violence. It was also analysed that majority of the
respondents of all income group held responsible their mother-in-law for
domestic violence. Regarding suggestions of the respondents, majority of the
respondents, i.e. 44.5 per cent said that domestic violence minimized in our
society with the help of advertisement related to female foeticide and dowry
related Bell Bajao Act, 2005 show on T.V. channels. While majority of the
respondents said that women would not be equal to man in our society. Most of
our respondents said that by using of our rights, respectful behaviour toward
women, be lessing own wrong habits, by remaining passive, avoiding violence
before children, relative and other family members may be helpful is reducing
violence against women. Hence, it is clear that violence against women is
endemic in India. The reason behind violence against women in our country is
because of poor quality of life indicated by rampant poverty, lack of education,
high mortality, rate poor health status, high fertility rate and high maternal
mortality rate. Also contributing to the violence against women is societal
mindset about women that has not changed much. Violence is perpetrated on
women both inside and outside her home.

97
SUGGESTIONS
1.The government and voluntary organizations are making efforts towards
ending or minimizing violence against women. The efforts of the government are
in the shape of enacting relevant legislations, issuing orders and launching
various women welfare schemes. But their implementation remains tardy, at the
lower level government functionaries are not gender sensitive. Laws pertaining
to protection of women rights and prevention of domestic violence should be
made more strict and enforced without any loopholes.

2. The voluntary organizations are taking both preventive as well as


reactionary measures. But efforts of the voluntary organizations suffer from
paucity of funds and infrastructure.

3. Education of the girl child is the first step towards a better society with
fewer incidents of violence.

4. Campaigns aimed at men and women to increase awareness and change


attitudes about gender inequality are also effective tools.

5. As individuals and responsible citizens, we need to spread awareness


and report any act of violence against women around us.

6. It was said that woman is an enemy of woman. So to minimize the


domestic violence, woman should consider that

7. According to the expert’s opinion alcoholism plays a crucial role in


perpetrating violence against women as it has an influence on almost all other
attributes. Therefore efforts must be taken to address alcoholism. In many cases
those who involve in violence against women are under the influence of alcohol,
sale of liquor should be banned within or around the residential areas.

98
SUGGESTIONS OF THE INVESTIGATOR
1. The mother-in-law should consider her daughter-in-law as her daughter
and daughter-in-law should also consider her mother-in-law as her mother. So
that the incidence of violence should be eradicated or reduced in the family.

2. The husband should think about her wife that no body should harass his
wife without any reason in the family. He should think that her wife left her home
for him and it is his duty to look after her. If her wife is harassed or violated
without any reason, he should resolve the matter in the family.

3. The role of father-in-laws in the family is also important. If her wife is


taunting and violating his sister-in-law. He should be able to tell her wife that that
kind of violence should not be happened in the family in the future.

4. The main reason of domestic violence in the present study is domestic


works. So every family member should understand his/her duty of household
work according to their capability. So that a burden of all domestic work not lies
on the shoulder of women.

5. The use of alcohol and late arrival at home by husbands are another
reasons for domestic violence. The husbands should leave the use of alcohol and
try to reach at home in time. This may help in eradicating the domestic violence
a lot.

6. The parents of both families should have harmonious relationship. If


anything is going wrong, they can sit and resolve the matter.

7. The interference of other relatives or neighbourers should be minimized


in the family matters.

So, it was recommended that more educational campaigns against domestic


violence be undertaken. Women empowerment is most welcome step as this
might ensure reduction in domestic violence.

99
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List Of Table
List of Tables Page No.
Table 1.1 Rape victim and accused relationship 27

Table 2.1 Domestic Violence Complaints received in past 21years 53

Table 2.2 Total Complaints received by NCW (Jan-May 2021) 54

Table 2.3 Woman who experienced domestic violence 55

Table 2.4 Woman who approached a relevant authority 56

Table 2.5 National Crimes Records Bureau 58

107
List of Abbreviations
NCRB: National Crimes Records Bureau

CTB: Crime Trends in Bihar

NFHS: National Family Health Survey

NCW: National Commission for Woman

FGM: Female Genital Mutilations

UN: United Nation

TV: Television

IPC: Indian Panel Code

FIR: First Information Report

NGOs: Non-Government Organizations

OBS: Other Backward Caste

AS: Anganwadi Sevika

ICDS: Integrated Development Scheme

ASHA: Accredited Social Health Activist

PHC: Primary Health Care Centers

MDMS: Mid-day Meal Scheme

IAY: Indira Awas Yojana

BVY: Balika Vivah Yojana

BCY: Balika Cycle Yojana

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