Introduction
Domestic vehemence is a severe social problem in India, with among the world’s highest rates. Around 30 percent of all women in India have suffered family abuse at minimum once for 15 years (Domestic Violence and Women’s Health in India: Insights from NFHS-4, 2022, para. 4). Approximately 4 percent of all women who have ever become pregnant have encountered spousal abuse during pregnancy (Domestic Violence and Women’s Health in India: Insights from NFHS-4, 2022, para. 4). Domestic ferocity affects several women, irrespective of gender, social class, religion, caste, or age. The United Nations uses domestic violence to describe a pattern of behaviors used to establish or retain dominance and influence over a current or former partner. This case study will play an essential role in exploring domestic violence existing literature, policy, laws, criminal justice, practitioner responses, and public understanding of domestic violence. It further provides a creative, alternative response to how the experiences of victims of domestic violence could be improved. Domestic viciousness in India needs to be improved since it compromises the well-being of women by causing traumatic stress, nervousness, and despair, which are apparent signs among domestic abuse survivors.
Existing Literature
Human rights violations and life-threatening safety and health concerns are exacerbated by gender-based assault (GBV). Regardless of ethnicity, age, sexual preference, religion, or gender, anyone can tolerate domestic abuse. Couples married, cohabiting, or dating may experience it, but it can happen in other types of relationships. Regardless of social status or educational attainment, everyone is affected by domestic violence. According to the 2020 Survey in England, domestic abuse-related offenses increased by 9% from 2019 (Stripe, 2020, p. 5). Children, relatives, and other family members can all be victims of domestic violence. Since 2016, women who have reported physical violence in the US have climbed by 42 percent (Morgan and Oudekerk, 2019, p. 845). Thus, a practice of violent behavior towards that individual in a romantic or familial relation, where the perpetrator exercises power and influence over the sufferer, characterizes domestic violence.
Domestic violence can take various forms, including verbal, physical, economic, and sexual. The severity and frequency of incidents rarely stay the same, evident in Bandura’s social learning model; people acquire knowledge through observing, mimicking, and imitating each other’s behavior (Rumjaun and Narod, 2020, p. 86). There are numerous ways in which domestic violence and abuse manifest themselves, but sexual and physical attacks, as well as threats to perpetuate them, are the most visible. However, when accompanied by physical violence, the abuser’s regular employment of other abusive behaviors constitutes a more extensive system of abuse. Abusers’ influence over a person’s life and surroundings is facilitated by physical assaults, even if they occur just once or infrequently. Victims, survivors, and eyewitnesses who have been harmed by crime or anti-social conduct can be supported by listening to them and providing practical assistance, such as escorting them to court.
Domestic violence can manifest itself in various ways, including verbal threats and violent behavior, which causes harm to the victim. Threatening, manipulating, demeaning, isolating, scary, terrorizing, pressuring, disintegrating, harassing, criticizing, harming, damaging, or hurting somebody in a marriage are all examples of this behavior. The perpetrator’s desire for power and domination over one’s spouse is cited as the driving force behind the abuse. Domestic vehemence affects people of all ages and genders, and every time domestic violence occurs, both the victim and the perpetrator suffer. Understanding the general pattern of exploitation and aggressive behaviors used by the offender to maintain ownership over their spouse can be accomplished using the Power and Control wheel. Various other forms of manipulation frequently follow one or even more violent acts. As a result, domestic violence coercion pattern and control is more challenging to eliminate.
Psychiatric causes of violence in relations include negative self, depression, personal traits, alcoholism, rage and hostility, and a need for influence and domination in the marriage. It can pass from generation to generation, which is crucial for nations to consider when devising prevention and control measures. Spousal abuse and psychological mishandling are often employed as part of an effort to control the other person. The other person may be married, dating, living together, or separated from the abuser, and their sexual orientation can be heterosexual, gay, or lesbian; various psychological issues can cause misapplication. Rendering to the social learning theory, violence in the home is a learned trait rather than stress, illness, alcoholism, or a problematic relationship (Rumjaun and Narod, 2020, p. 86). Aside from stress and coping, anger can be a sign of stress and a lack of ability to deal with it
Domestic violence does not appear to be associated with excessive use of alcoholic beverages but has a much deeper underlying cause than simply being a result of excessive drinking. Deliberate violence offenders never accept their mistakes but often blame others; one example of external attribution is the influence of alcohol. When it comes to domestic violence, alcohol is not a cause but a contributing factor; it enhances the impression of dominance and authority over others. Alcoholic abusers are more likely to exert dominance and influence over their victims. Gender is commonly cited as a sociological impact on domestic violence. Domestic violence has various health effects on victims, survivors, and witnesses, including sexual assault on children and adults, abuse of the elderly and sexual assault on youths, and bullying (Rivara et al., 2019, p. 1628). However, the victims are protected, respected, recognized, and given information and secrecy by the courts.
Men and women are equally likely, according to most research, to engage in violent behavior at some point throughout their romantic partnership. Gender symmetry is a closely related notion that has frequently sparked the most passionate debate. Husbands are more likely than wives to engage in violence in most marriages. According to feminist views, masculine perpetrators are more likely to believe in gender norms and male supremacy than female perpetrators. Because of capitalism, a framework in which men rule and control women and exploit them, domestic violence occurs more frequently in heterosexual couples (Mshweshwe,2020, p. e05334ial). When a man loses his job but is unable to work, he may experience a loss of power over his wife and resort to physical violence to reclaim that power.
Existing Policy, Laws, Justice, Responses and Public Awareness
When one spouse in a healthy marriage utilizes a pattern of attack and intimidation to exert control and authority over the other, typically a female partner, “domestic violence” is employed. Victims of this abuse are almost always women; because this is a common home issue, various women remain silent to preserve the family’s good name. The government and authorities in India are doing everything to protect women from this crime, which is relatively widespread. Since the public is aware of domestic violence in India, several policies and laws protect women. The 2005 preservation of females has protected women’s modesty and dignity from the Domestic Violence Act and several criminal law changes (Protection of Women Against Domestic Violence and Maintenance, 2022). However, the Indian Penal Code, 1863, chapter 498(a), was the first to include domestic abuse as a crime against a woman’s husband or a relative of her husband.
Maintaining one’s spouse, children, and parents is covered in Segment 125 (CrPC) of the 1983 Unlawful Technique Code (CrPC). If a woman seems unable to support herself and earn, the court can order monthly, annually, or in a lump payment, order maintenance from an ex-husband to his ex-wife. However, if the spouse is living in infidelity, refuses to remain with her partner for whatever reason, or lives apart with mutual consent, she is not eligible for the maintenance (Protection of Women Against Domestic Violence and Maintenance, 2022). When a woman’s father is a Hindu, she is permitted to obtain maintenance from her spouse for the rest of her life, as per Piece 18 of the Hindu Approval and Upkeep Act, 1956. The Act defines conditions under which the wife can separate abode and conservation (Protection of Women Against Domestic Violence and Maintenance, 2022). However, if she refuses to consummate the marriage or voluntarily converts, she is not eligible for financial assistance.
Widows are permitted to obtain upkeep from their father-in-law in Sector 19 of the statute. A court can order spousal support to be paid as a lump sum, or as a regular monthly or annual payment, under the rapports of the Hindu Marital Act of 1955 (Protection of Women Against Domestic Violence and Maintenance, 2022). The Muslim Females (Information and Defense of privacy on Separation) Act gives a wife the right to support her partner under Muslim regulation. According to the country’s regulations, the quantity of Mehr negotiated upon the relationship must be paid to the wife. A fair and acceptable amount of maintenance is due to her during her Iddat period (Protection of Women Against Domestic Violence and Maintenance, 2022). During the Idaat time, the Judicial Judge might rule that a Muslim woman’s relatives, who will provide judged fit upkeep to her and inherit her property, should she get divorced. A Judicial Administrator can command the Public Wakf Panel to salary a female’s maintenance if her family members cannot.
According to the Christian law of divorce, a separated Christian woman must receive sustenance underneath the Indian Filed for separation Act, 1869. Sector 37(41) of the Indian Annulment Act, 1869, allows her to seek maintenance in a lower or higher court (Protection of Women Against Domestic Violence and Maintenance, 2022). Following this law, the husband is obligated to pay his wife for her entire life. Parsi women are entitled to maintenance under the Parsi Partnership and Separation Act, 1963. Under this clause, a court can order a husband to pay his wife maintenance equal to one-fifth of his net earnings (Protection of Women Against Domestic Violence and Maintenance, 2022). The court, on the other hand, takes certain circumstances into account. Both the spouse and wife’s behavior and their ability to pay are factors in determining a marriage’s success.
A magistrate at times issues a protective order to the aggressor not to engage the sufferer under any circumstances; thus, it serves justice for individuals who are domestic violence casualties. Because of the rising number of domestic violence attacks in India related to the giving and receiving of dowry, the dowry ban act was passed. Dowry in any form, including cash, gold, or property, is strictly prohibited by law. Under the marriage prohibition legislation, the giving of dowry by the parties to the marriage is regarded. Under the criminal code, the offender is penalized following the circumstances of their crime. Giving or receiving dowry is disciplined by custody, a penalty, or a punishment equal to the dowry given or accepted.
How Domestic Violence Victims Experience Could Be Improved
The experiences of domestic violence crime victims could be improved in various ways to prevent or minimize the crime. Possible strategies include enhancing communication, managing emotional feelings effectively, solving problems immediately, creating awareness campaigns, and establishing justice responses to protect the victims (Preventing Domestic Violence, 2022). Effective conflict communication has long been recognized as a life skill that cannot be taken for granted. Violence is used by those who lack the social skills to express themselves and effectively communicate during a dispute. The capacity to talk things out is often the only weapon people have for settling a problem. If an individual can hear what another person is saying clearly, in a tactic that makes people feel heard, the person does an excellent job of communicating. What the other party hears and understands depends on how well a victim expresses.
Good communication during a conflict can aid people to feel more at ease since it helps them understand each other’s perspectives, eliminating possible violence. Despite this, it stands hard on essential issues; conflict is typically exacerbated by a crisis or heightened tensions in a peacekeeping environment. A cross-cultural context can make it more difficult for peacekeepers to understand and trust one another. Effective conflict mediators listen to the other side in a way that helps them feel heard, validated, and understood while still getting the information they need. To end a problem, sometimes all required is believing the other party and genuinely hearing them. A third party’s presence makes it even more critical that the parties involved feel heard of fostering respect. A skilled mediator would communicate straightforwardly and unambiguously, with no ambiguous or ambiguous messages.
Problem-solving can improve domestic violence by managing a problem once it happens. Strong problem-solving skills generally lead to “more confident, self-assured, and independent” people since making decisions involves solving difficulties. Individuals grow more robust when they take on challenges independently or in a group. They gain the ability to approach problems with a fresh set of eyes (Why is Problem Solving Important in Child Development? 2022, para. 22). Problem-solving abilities can either alleviate or worsen the effects of trauma on mental well-being in the context of a violent environment. Mentoring men on how they should solve their challenges will be crucial in improving domestic violence since men are the most who have been exploiting women in India. Therefore, these skills will play essential parts in highlighting men on their roles, including protecting their wives from harm by solving problems with them once they occur without harming them.
Ensuring justice responses, including punishing the individuals who engage in domestic violence, can help improve or prevent domestic violence against women. These responses play vital roles in ensuring women involved in domestic violence are compensated, and men are discouraged from repeating the mistake. Justice responses promote equality across various domestic violence aspects and discourage individuals from engaging in the crime. Within criminal justice systems, victims play the roles of reporting violent crimes to the authorities and testifying or providing testimony. Victims have the right to speech, participation, security, and the ability to seek compensation to support their responsibilities in society. Creating domestic violence awareness plays a significant role since it advocates for change, honors survivors, and pays tribute to those who have perished due to abuse (Prosperity Now, 2021, para. 1). Family, friends, coworkers, and other community residents are all affected by domestic violence problems.
Conclusion
In conclusion, domestic violence should be eliminated or prevented since it compromises the well-being of women. People need to know when and how to express their feelings when controlling emotional reactions since it is healthy to express one’s emotions, but it is essential to know how and when. Individuals who are adept at managing their emotions can more maturely and responsibly deal with stressful or difficult situations. They understand they can control how they react rather than allowing their emotions to dictate their actions and are aware that their actions and reactions impact the responses of others and their feelings. To effectively regulate one’s emotions, one must be aware of and comprehend own emotions. Persons must recognize and name their feelings at any given time to be emotionally aware of domestic violence.
Reference List
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