Field Work

As part of Project Insaf’s literacy campaign, in collaboration with Project Unlearn’s community-based programme, I conducted a session to raise awareness on domestic violence, its types, and how the Indian legislature protect victims of abuse. The session involved teenagers ranging from the ages 13-17, and was conducted in the Motilal Nehru slum in New Delhi.

The session largely focused on the following pillars:

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•What is domestic violence?

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•What are the types of domestic violence beyond only physical abuse? Discussion on the scenario-based abuse.

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•Understanding why victims of domestic violence are often forced to stay in abusive relationships?

 

•How does the law outline domestic abuse as criminal? What provisions are in place to address this situation?

 

•What can the women in abusive relationships protect themselves against violence?

 

•What can you as a bystander do if you know someone is in any form of an abusive relationship?

 

 

We now set out to answer these questions. (the following information does not cover all of the same aspects as the session, but

intends to highlight relevant and important information on the discussed topic)​

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Understanding the Basics of Domestic Violence

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Domestic violence is the use of abusive behaviour in any relationship that is used by one partner to gain or maintain power and control over another intimate partner or family member.

Almost 30% of married Indian women experience domestic or sexual violence in their lifetimes. This is an under-reported figure, because many women do not speak up on the crimes committed against them. About 90% of victims of marital violence do not seek help because of social stigma or financial decision. While some men are also victims of domestic violence, the patriarchal dominance in current society, especially in areas like the Motilal Nehru Camp, makes the most common victims of domestic violence largely women.

 

Types of domestic violence and their examples:

 

Physical Violence

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Physical violence is the intentional use of physical force against another person or group that results in bodily injury, physical pain, or impairment.

Hitting, punching, shoving, or suffocating someone as well as stopping someone from eating, sleeping or having the medication they need or forcing someone to drink or take drugs, are some forms of physical violence which may result in bodily harm.

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Emotional and Psychological Violence

 

Emotional or psychological abuse is when someone says or does things to make a person feel bad about themselves, undermines their self-esteem or makes them feel scared or powerless.

 

Criticising a person and their choices or actions in a way intent on causing them harm, isolating a person from their friends or their family, threatening to harm a person, their family, their friends, their pets or their belongings, threatening to share personal or private information, such as sexuality, gender identity, personal health, or visa status, and manipulating a person so they feel confused and start to doubt themselves are some forms of emotional abuse.

 

Economic violence

 

Economic violence is said to occur when an individual denies his/her partner or family member access to financial resources, typically as a form of abuse or control or in order to isolate her or to impose other adverse consequences to her/his well-being.

 

Examples include withholding cash for essential needs like food or medicine, maxing out credit cards in a partner's name without their consent, hiding shared bank account login details to restrict access to funds, demanding receipts for every minor purchase to monitor and control spending or forbidding a partner from seeking or maintaining employment.

 

Social abuse

 

Social abuse is when someone tries to control a person’s relationships or interferes with their social activities. This includes relationships with friends, family, colleagues or community. It can also be about trying to undermine a person’s reputation.

 

Stopping someone from seeing or contacting their friends and family, going to social or community activities or preventing someone from having contact with people who speak their language or share their culture are some forms of social abuse. Even controlling a person's internet access, stalking them or spreading false information to damage a person’s reputation come's under the umbrella of social abuse..

 

Sexual Violence

 

Sexual violence, also called ‘sexual assault’, includes anything sexual that happens without a person’s consent which may make one  feel scared or uncomfortable. Touching or kissing someone without their consent or even making unsolicited comments on their body or sexuality comes under sexual abuse.

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Violence Through Technology

 

Sometimes an offender will use technology to track or record a victim through cameras and video equipment or tracking devices placed on vehicles or a victim’s personal property. Violence through technology may also include unwanted, repeated, and vulgar text messages, phone calls, and posts through various websites.

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In many cases, abuse is not in line with a single textbook category. For example, restricting a person's internet access may be labelled as social abuse, psychological abuse or even abuse through technology.

 

 

Legislative Protections Securing the Safety of Victims of Domestic Abuse

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Protection of Women from Domestic Violence Act, 2005 (PWDVA)

 

The Protection of Women from Domestic Violence Act, 2005 is primarily a civil protection law, meaning its purpose is mainly to provide immediate civil remedies and protection to victims while helping secure their safety and living arrangements. A woman does not need to file for divorce or initiate a criminal case before seeking protection under this Act.

Some of its key provisions are as follows:

 

1. Protection Orders (Section 18)

A Magistrate can issue a Protection Order directing the abuser to stop specific conduct. The court may prohibit the respondent from:

•Committing any further acts of domestic violence.

•Contacting, threatening, intimidating, or harassing the victim.

•Entering the victim's workplace, school, college, or other frequently visited places.

•Communicating through phone calls, messages, social media, letters, or third parties.

 

Violation of a Protection Order is itself a criminal offence and may lead to arrest and imprisonment.

 

2. Monetary Relief (Section 20)

Domestic violence often causes financial hardship. The court can order compensation for hardships faced as a result of the abusive relationship. This includes payments for:

•Medical expenses.

•Lost earnings.

•Damage to property.

•Maintenance for the woman and her children.

•Daily living expenses.

 

The amount should be sufficient to maintain the victim's standard of living as far as reasonably possible.

 

How can one take advantage of the PWDVA?

 

If you go to the police station, or file a complaint in the court; they can connect you with Protection Officers

Protection Officers are responsible for:

•Assisting victims in filing complaints.

•Preparing a Domestic Incident Report.

•Helping victims access shelter homes.

•Facilitating medical treatment.

•Assisting with court applications.

•Coordinating with police and service providers.

 

Alternatively, if one wants to lodge an official complaint or take up the matter as a criminal case, under the Bharatiya Nyaya Sanhita (BNS), domestic violence can also constitute criminal offences. Unlike the PWDVA, criminal law more carefully focuses on punishment. Depending on the conduct, police may register offences involving physical assault, criminal intimidation, stalking and harassment, sexual violence, etc. This can lead to imprisonment for 1-5 years for the accused.

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It is also important to make note of free, 24/7, government-run helplines for reporting various grievances or gaining access to emergency self-help.