Disertation Project
Disertation Project
WOMEN IN BIHAR”
Collective Reasoning
Ritesh Kumar
Session-2020-22
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DOMESTIC VIOLENCE AGAINST WOMEN “A CASE STUDY OF
WOMEN IN BIHAR”
Collective Reasoning
Ritesh Kumar
Session-2020-22
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“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.”
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DECLARATION
Date: Signature
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Certificate
Dated:
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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
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Table of Contents Page No.
Bibliography 101-107
Abbreviations 109-109
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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).
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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.
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
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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
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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.
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.
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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.,
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
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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.
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universal and has its root in the socio cultural set up of the society (Heise et al.
1999).
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
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
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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.
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
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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.
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
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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.
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
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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.
She - A Mother
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‘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.
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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.
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.
(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.
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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
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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.
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
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(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.
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.
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.
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.
4 Assurance of family education with teaches that both men and women
share a common role in raising child.
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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.
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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:
1 Under section 125, the wife can file a suit against her husband if the
husband fails to maintain her.
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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.
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.
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.
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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.
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
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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).
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following measures to address domestic violence and curb the societal pressures
leading to this form of violence against women.
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.
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(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.
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(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.
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money exploitation or women resources, with holding physical resources
such as food clothes, shatter preventing the women from working.
37
Legal
1 Law related to marriage maintenance custody and divorce tilted against
women.
Biological
1 Prevalence of the concept of purity and pollution related to female sexuality.
Familial
1 Preference for male child.
Practices
1 Glorification of virtues such as patience, morality and sacrifice in women.
Economic
1 Minimum participation of women in income generation activities.
38
Some factors, which prevent a woman to seek justice through law
are:
Main Factors
1 Chain of Patriarchy.
Other Factors
2 Lack of support form parental family and other social networks especially in
terms of emotional and marital support.
4 Cultural forces which stigmatize a women if she dares to challenges the power
structure of the society.
7 Inadequacy of legal provisions which take long time to dispense justice, 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.
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.
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.
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
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.
43
the illegitimate sexual exploitation of the devdasis became a norm in some parts
of India.
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.
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.
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?
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.
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.
(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.
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.
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.
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
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.
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.
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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).
District Gaya
The reason for selecting villages of Gaya is that they are underprivileged and
suffering from various kinds of undulation for their survival.
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.
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.
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
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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
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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.
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
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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
RESEARCH FINDINGS
Social Profile of the Villages
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
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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.
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.
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
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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.”
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
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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 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
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.
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.
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.”
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.
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
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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.
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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.
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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.
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
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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.
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.
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“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.
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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.”
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.
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.
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
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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.
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.
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.
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Chapter 5
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.
in the family.
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.
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.
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.
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.
3. Education of the girl child is the first step towards a better society with
fewer incidents of violence.
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.
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.
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List Of Table
List of Tables Page No.
Table 1.1 Rape victim and accused relationship 27
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List of Abbreviations
NCRB: National Crimes Records Bureau
TV: Television
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109