Shehnaz Bano's life took a tragic turn after her marriage to Naved in 2009, as she found herself trapped in a relentless cycle of domestic abuse. Initially, her parents sought to placate her in-laws by offering a significant dowry during the wedding and continued to meet their demands afterward. However, as the demands persisted, Shehnaz became the target of escalating mistreatment. She was relegated to the role of a household servant, expected to cater to the needs of eight family members while receiving meager provisions and enduring constant verbal and physical abuse from both her in-laws and her husband. Shehnaz's health began to deteriorate under the stress and workload, but her attempts to seek medical care were thwarted as her in-laws locked her within the house whenever she tried to leave. Despite the harrowing circumstances, Shehnaz felt trapped by her lack of financial independence and the societal stigma surrounding divorce in many parts of India. The pervasive nature of domestic abuse in the country often renders victims like Shehnaz voiceless and invisible. This narrative underscores the urgent need for systemic reforms and robust support systems to protect victims of domestic abuse and empower them to break free from the cycle of violence. This article will delve into the challenges faced by victims of domestic abuse, current measures taken, and potential measures.
Challenges Faced
Domestic violence in India, encompassing physical, sexual, psychological, and verbal abuse within marital or intimate relationships, presents a pervasive challenge affecting approximately 30% of women, with around 4% experiencing spousal violence during pregnancy. Despite these alarming statistics, speaking out against domestic abuse is hindered by systematic barriers, including stigma, economic dependence, lack of safe spaces, and entrenched social norms. The main causes of domestic abuse documented in India are poverty and unemployment, low education and literacy, young parenthood, relationship retention behavior, historical and generational trauma, cultural norms, and legal factors. In light of these cases, domestic abuse runs rampant. The first issue faced in attempts to combat it is the hesitancy of victims to speak up, uniquely for two reasons. First, in most instances, stigma plays a pivotal role in silencing victims, instilling fear of societal judgment or ostracism, particularly in a culture where husbands are revered akin to gods, making it daunting for women to defy their husbands or challenge societal expectations. However, secondly and far more structurally, economic dependency further entrenches the cycle of abuse, as women are often financially reliant on their abusers and face limited avenues for financial independence due to their roles being fixed as homemakers. This often ends up perpetuating domestic abuse as, being the breadwinners of the family, husbands often believe themselves to have full control over their wives which leads to them abusing and exploiting them. This dependence extends to familial support, as daughters are often considered outsiders once married, leaving them with few resources or avenues for escape.
These two reasons are compounded by the dearth of safe spaces compounds the challenges faced by victims, with shelters and support services inadequately available, particularly in rural areas where traditional beliefs may undermine the need for such provisions. Moreover, social norms perpetuate a culture of silence and submission, imposing unrealistic expectations on women while discouraging them from challenging abusive behavior or seeking assistance. They also mean that people are more likely to believe the man over the woman which can lead to an imbalance and can prevent the woman from speaking up about her issues again. Even when safe spaces exist, limited awareness serves as a significant barrier preventing domestic abuse victims from speaking out and seeking help. In many societies, including India, myths and misconceptions surrounding domestic violence perpetuate a culture of silence and normalization of abuse. Victims may lack understanding of their rights or available resources, leading to feelings of isolation and helplessness. Additionally, societal attitudes often blame the victim or minimize the severity of abuse, further discouraging disclosure. Cultural norms that prioritize family honor and stability may pressure victims to maintain the facade of a harmonious relationship, even at the expense of their own well-being. Furthermore, victims may fear reprisal or escalation of violence if they speak out, particularly in settings where patriarchal power dynamics are entrenched. Limited access to education and information exacerbates these challenges, particularly for marginalized communities where resources and awareness campaigns may be scarce. As a result, victims may internalize shame and self-blame, believing they are somehow at fault for the abuse they endure. A qualitative study in India found that more than half of the respondents were not aware of the existing domestic violence and domestic abuse (DVA) supporting services.
Solutions to this exist on paper. Like in many other countries, legislative frameworks against domestic abuse exist in India as well. However, the lack of effective enforcement undermines their efficacy. One of the primary consequences of inadequate implementation is the failure to hold perpetrators accountable for their actions. Without swift and decisive legal action, abusers are emboldened to continue their abusive behavior, knowing they are unlikely to face consequences. This lack of accountability sends a dangerous message that domestic violence is tolerated or excused by the legal system, further normalizing and encouraging abuse. Moreover, when victims witness the impunity with which their abusers operate, they may lose faith in the justice system and feel discouraged from seeking help or reporting abuse, fearing that their efforts will be futile. Inadequate implementation also contributes to systemic barriers that prevent victims from accessing support services and resources. For example, without proper enforcement of protective orders or restraining orders, victims may remain at risk of further harm, as abusers are not effectively prevented from contacting or approaching them. This failure to provide adequate legal aid and support services also leaves victims without the necessary assistance to navigate complex legal processes or access resources such as shelters or counseling, further isolating victims and undermining their ability to break free from abusive relationships. Furthermore, inadequate implementation perpetuates systemic inequalities that disproportionately impact marginalized communities, including women from low-income backgrounds, rural areas, or minority groups, who may already face barriers to accessing justice and support. Ultimately, without robust enforcement mechanisms in place, laws intended to protect domestic abuse victims remain hollow promises, failing to provide the meaningful protection and support that victims desperately need to escape violence and rebuild their lives. Usually, in a court, victims are denied justice because of lack of evidence as there is often no solid evidence other than a woman’s word which is against her husband’s word and his family’s word.
Even when the legal system somehow ends up supporting victims, the lack of comprehensive rehabilitation services for domestic abuse victims after speaking up exacerbates their trauma and hinders their ability to heal and rebuild their lives. Speaking out against domestic abuse requires immense courage and often marks the first step towards liberation for victims. However, the journey towards recovery does not end with disclosure; it requires ongoing support and rehabilitation to address the physical, emotional, and psychological scars left by abuse. Without access to specialized rehabilitation programs, victims may struggle to cope with the lasting effects of trauma, including anxiety, depression, post-traumatic stress disorder (PTSD), and low self-esteem. Moreover, the societal stigma surrounding domestic violence may compound their challenges, as victims may face judgment or ostracism from their communities, further isolating them and undermining their recovery efforts.
Current Measures Taken
In India, several measures have been implemented to enhance the safety and protection of domestic abuse victims, although challenges persist in their effective implementation. One significant initiative is the enactment of laws specifically targeting domestic violence, such as the Protection of Women from Domestic Violence Act (PWDVA) in 2005. This legislation provides a legal framework for victims to seek protection orders, including restraining orders and residence orders, to safeguard themselves and their children from further harm. Additionally, the PWDVA mandates the establishment of Protection Officers and Domestic Violence Protection Cells to facilitate the implementation of protection orders and provide support services to victims. Furthermore, various government schemes and programs aim to address domestic violence by promoting awareness, providing legal aid, and enhancing access to support services. For example, the Ministry of Women and Child Development operates the One Stop Centre Scheme, which offers integrated support services, including medical assistance, counseling, legal aid, and temporary shelter, to victims of violence. The National Commission for Women (NCW) also provides a toll-free helpline and online complaint portal for women to report cases of domestic abuse and seek assistance. India has also implemented other initiatives such as Mission Shakti and Stress Mano Raksha which empower women and maintain their safety from violence through community engagement. India also set up the Nirbhaya Fund, after the Nirbhaya Incident in 2012, which supports initiatives for women's safety. While all of these steps are in the right direction, two primary issues exist regardless: one, legislation is often incredibly narrow in scope and doesn’t regulate the multiple ways in which abuse occurs. Even when the support is in the form of services, they don’t exist on scale and are often underfunded which renders them ineffective in providing meaningful aid. At best, these services might be available in urban centers in India where there exists the infrastructural and institutional capacity for their establishment but fail to be meaningful in isolated or rural areas, areas that are significantly more vulnerable The second issue, perhaps the most important one here is the failure of these solutions to deal with the above-outlined challenges of economic dependence, stigma and a broader societal culture that seeks to blame victims and shun them into hiding abuse and trauma.
Potential Reforms
Potential reforms to support domestic abuse victims in India encompass a multifaceted approach aimed at addressing systemic barriers, enhancing legal protections, and expanding access to support services. One critical area for reform lies in strengthening legislative frameworks to provide greater protection and recourse for victims. This could involve amendments to existing laws, such as the Protection of Women from Domestic Violence Act (PWDVA), to broaden the definition of domestic violence, streamline the legal process for obtaining protection orders, and enhance penalties for perpetrators. Additionally, there is a need to enact comprehensive legislation specifically addressing marital rape, as the current legal framework does not recognize it as a criminal offense in India.
Beyond legislative reforms, there is a pressing need to enhance the enforcement of existing laws and improve access to justice for victims. This could entail measures such as training law enforcement officials and judiciary personnel on handling domestic violence cases sensitively and effectively, establishing specialized courts or fast-track procedures to expedite legal proceedings, and ensuring adequate funding and resources for legal aid services. Moreover, efforts should be made to raise awareness among the general public about domestic violence laws and victims' rights, as well as to challenge societal attitudes and norms that perpetuate gender-based violence.
In tandem with legal reforms, there is a need to expand and strengthen support services for domestic abuse victims. This includes increasing the availability of shelters and safe houses in both urban and rural areas, ensuring they are adequately funded and equipped to meet the diverse needs of survivors. Additionally, efforts should be made to improve access to medical and mental health services for victims, including trauma-informed care and counseling. Furthermore, vocational training and economic empowerment programs can play a crucial role in helping survivors rebuild their lives and gain financial independence from their abusers. Rehabilitation centers for victims should be made and proper trainers and helpers should be employed to keep the victim’s journey after speaking up painless and smooth. Another important aspect of reform involves addressing the intersectional nature of domestic violence and its disproportionate impact on marginalized communities. This requires targeted interventions to address the unique challenges faced by women from marginalized backgrounds, including those from low-income households, rural areas, indigenous communities, and LGBTQ+ individuals. Efforts should be made to ensure that support services are inclusive and culturally sensitive and that survivors from marginalized communities have equal access to justice and support.
References
Domestic Violence Facts and Statistics At A Glance – Domestic Violence Research
Domestic violence and women’s health in India - Hindustan Times
(PDF) IMPACT OF DOMESTIC VIOLENCE AGAINST WOMEN; ISSUES AND CHALLENGES (researchgate.net)
Domestic violence against women in India: A systematic review of a decade of quantitative studies - PMC (nih.gov)
INITIATIVES BY NCW TO HELP AND PROTECT WOMEN FROM VIOLENCE AND HARASSMENT (pib.gov.in)
Understanding the Domestic Violence Act: A Comprehensive Guide to Protecting Victims and Enforcing Legal Rights (indianfamilylaws.in)
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