A Study of Domestic Violence
table of contents
Table of statutes3
Table of cases3
Abstract……………………………………………………………. 4 LITERATURE REVIEW6
Introduction……………………………………………….8 research methodology…..……………………………9
Method of writing9
Sources of data9
Aims and Objectives9
Scope and Limitations10
Domestic Violence as a Human Rights Violation11
Forms of Domestic Violence13
CAUSES OF DOMESTIC VIOLENCE17
domestic violence occuring in the Private sphere21
SOLUTIONS TO END THE MENACE22
Table of statutes
1. Protection of Women From Domestic Violence Act, 2005
2. Indian Penal Code, 1860
3. Indian Evidence Act, 1872
Table of cases
1. Francis Coralie v. Administrator Union Territory of Delhi, ABSTRACT
The first chapter introduces the problem of domestic violence. It defines domestic violence according to the provisions of the “Protection of Women from Domestic Violence Act 2005” and explains how the domestic violence is a grave violation of the human rights of women, including those guaranteed in the constitution as well, including her right to identity, right to personal liberty and security, right to life and right to personal development. Then it introduces the various facets of domestic violence as follows: sexual abuse, the forcing of a sexual act on another, without the express grant of permission; physical abuse, which includes inflicting any physical injury; emotional abuse, which affect the psychological health of the woman; monetary abuse, which includes imposition of restrictions on the finances used by the victim; social abuse, which may bar interaction of the victim with others.
The second chapter explains the various causes of domestic violence. The main concept which causes domestic violence, i.e. patriarchal society is explained here as the society with the male as the dominant force, who uses, abuses and assaults the woman as and when it wants. Other factors responsible for it are also touched upon, such as financial dependence of the woman on the man, due to certain social factors arising from the patriarchal society; Dowry, the social evil prevalent in India, which is responsible for cruelty inflicted on the bride and also a large number of deaths; private sphere under which domestic violence takes place, in isolation from the society; and lastly, psychological causes which are caused due to pressure and stress on the male, in the outside world.
The third chapter deals with the various social and legal solutions to the problem. The social solutions include inter alia the opinions and suggestions of the researcher as to the various solutions. These include, changing the outlook of the society as to how they view women, education of the masses, which would further compensate the first point; Reducing unemployment, poverty etc. in the society which would reduce the discontent, stress and pressure levels; government initiative in the form of all women police stations and family counselling centres etc.
The legal provisions which deal with the problem of domestic violence are stated in the Indian Penal Code, 1860, Indian Evidence Act, 1872; Indian constitution and a critical analysis of the recently passed Protection of Women from Domestic Violence act 2005”
1. Towards Protection of women from domestic violence, Jose Kurian:
This article provides a critical insight into the recently passed ‘Protection of Women from Domestic Violence Act, 2005’. It is introduced, with specifications of...