1. RESEARCH
PAPER

2. 1
A woman is the foundation stone of a family who gives birth to life, nurtures, shapes it and
gives strength to a new life. A Female is not just a gender but also is more than a transmitter
of traditional teachings and cultures. She's the one who preserves the learnings and gives
them to the next generations. The greatest tragedy in our country is that women are always
in the depth of grave injustice.
She's subject through domestic women It is respective of her age please cast social and
economic status. The ones who remained silent are becoming easy prey to male
dominations. The denomination is such that it considers beating a woman as a pride to a
man. The authoritative method of male members and the society and making females the
victim is a common scenario in India. In Almost every second house, one is suffering from
some kind of domestic violence either be a daughter or daughter-in-law or a wife. Do it as
well versed in the law Both man and women both on equal and human beings but still
women are discriminated against in this male dominating society. Moreover, the results of
such domination affect women adversely.
Denomination, discrimination, domestic violence, suffering, grave injustice
Domestic violence is one of the oldest records in history which has been reported in every
society. Discrimination and operation often lead to emotional and physical violence which
has been a widely accepted part of every society. Male dominance has reached such an
extent in societies that it is accepted both socially and legally. Important events, laws,
codes that explain the concept of domestic violence have not much effect in the interiors
of India. It is still believed that the status of women is to be male-dominated and their
project as the property of a man or an object belonging to a man. The major expectation
from an ideal woman is to be a housewife which makes her vulnerable and subject to
discrimination.
Violence against women is historically an equal power relationship between men and
women. It has led to dominations over and discrimination against women not only by men
but also in society. Defining domestic violence is physical sexual or psychological abuse
directed towards one's spouse partner or another family member within a household. The
mystical islands occur when a partner or ex-partner or family member attempts to
physically or psychologically harm the other person with an evil intention. It occurs usually
in all cultures people of all races and religions might have faced domestic violence in every
stratum of society. Rollins against women is particularly intimate partner violence and
sexual violence against women It's not only mentally breaks down women but also causes
major health problems. This event in society is widely accepted but also it violates one's
human rights. According to 2013 data analysis on this perspective, 35% of women
worldwide has experienced sexual violence from their spouses or non-partner sexual
violence.

3. 2
The term violence means any physical force or any damage or injury to a person or
property. As defined in the Oxford dictionary, what does a behaviour involving physical
force which intends to hurt, damage or kill someone or something. WHO also defines
violence as an intentional force or power or threat against oneself or another person which
either results in injury, death, harm or deprivation.
Domestic violence is voided victimization of women usually by men but also by the relatives
of the family. It can be his husband’s parent’s siblings or any other resident. It usually
happens behind closed doors and most often is denied by very women that she has been a
victim of violence. This mindset of people who victimize themselves and think of it as
righteous and accept it as if it's a part of their living. These toxic stereotypes make the
worst living for women. This provides that any act or conduct which has attention to harm
recommends physically mentally , emotionally socially and also spiritually within the house.
However, this is done not by strangers, but the known ones who live with her.
Domestic women with categorized in physical abuse, sexually abuse, psychological,
economic, emotional abuse as well as individual-based violence.
It minimises the importance of feelings about sex or any woman can be criticized
sexually. The act might consist of unwanted or uncomfortable touching. Women are also
forced into intercourse after physical abuse or even when they are sick. The partner may
insist on unwanted sexual dress up. Also, there are many cases where women are raped
by their spouses.
Husband or his parents or relatives may shame the woman, hold her from leaving, beat or
slap her, kick or choke her on small household issues. Throw objects, lock the woman out
of the house or abandon her in a dangerous place. Physical torture might threaten to hurt
her with a weapon.
Includes behaviour that intends to hurt the form of threat of abuse, not allowed visit her
parents house, confinement to the house, extreme supervision and surveillance, to take
away the children, doing object or destroying them, isolation of the women or constant
humiliation by the husband or his parents.
The act includes denial of funds money denial and refusal to contribute financially, denial
of food and basic needs and controlling the access to healthcare facilities employment
basic amenities etc.

4. 3
This might include continuous criticizing, insulting or driving away from the woman from
her friends and family. Humiliating her in private or public, keeping it away from work
and controlling the money that she made herself. Women are not allowed to take
decisions of the house or they cannot refuse any work of the household. Women can be
regularly threatened to leave the house.
It is also found that women and girl children particularly are very vulnerable to domestic
violence. Women in the families are still under pressure because of extreme dependence
on husbands and male families. Unmarried women may also experience violence in the
terms that they do not belong to the house of their father. Unmarried and young women
are forced to marry at an early age or under pressure, they are asked to leave the house
and denied financial resources
The women who experience violence may include the following:
a. Violence against girl child or unmarried women
b. Violence against married women
c. Violence against aged women
There is no single factor for violence against women. Increasingly research has focused
on inter-related factors that improve the understanding of the problem with different
content. Several interconnected reasons and factors have rebooted the ability of women
one of the major factors is the consumption of alcohol. Husbands often beat their wives
after being drunk and often blame it on the drink later. The second most important of
domestic violence is upbringing after dominator. Men who see domestic violence in their
house In their childhood might repeat the same when he brings up a family. Though no
family wants to teach their child such abuse, usually children coffee what they see in
their house. Another factor that contributes to an equal power relation includes social-
economic forces. Angeline is completely traditionally denied independent legal and social
status. Society accepts no individual status of women. Other causes which carry towards
are cultural, economic, legal or political.
Thus, there is a traditional belief that the superiority of males is cultural.

5. 4
The act provided a sense of security and protection to the rights of women that are
granted under the constitution. The women who are the most of any kind of for other
matters related to it. Domestic violence has commonly been prevalent but It remains
largely invisible in the public domain. At present women are subject to cruelty which is
crying under section 498A of the Indian penal code 1860. The law is the post that views
the lights grant and under the articles 14, 15 and 21 of the constitution. The Indian
Constitution under civil law is intended to protect women from being sufferers of
domestic violence.
Women who are or have been in the relationship with their user when both parties have
lived together in a shared household or are related by marriage or a relationship. In
addition, relationships with family members living together as the right families are also
included. Even those of them who are sisters, mothers, single women living with the
family can get legal protection under this act. One of the most significant characteristics
of this is the women's right to secure accommodation. She can ask her spouse or family
member her right to accommodate her under this provided act. The definition of the act
also covers rights against dowry demands to the women which widen the scope of the
act.
The act also provides women's right to live in a marital or joint household. This ride is
secured by a residence order which is passed by a court. These residence orders cannot
be passed against any woman. The other relief provided under this art is the power of the
court to pass protection orders to stop the abuser from performing acts of domestic
violence or any specific act. The court can also stop the abuser from entering a
workplace or any other place that is visited by the abused, attempting to communicate
with the sufferer can also be stopped. They can be for dividing the assets used by both
parties which cause violence.
The act provides appointment of prediction officers and enjoys helping her women
concerning medical check-ups, legal aid and safety. This act provides violation or
temporary protection order by the respondent as a recognised and non-bailable offence
which is punishable with the sentence for a term which makes things from one year or
with a fine which makes a charge to 20,000 rupees or with both. Discharge of duties by
the protection officer is also ought to be made an offence under this act.
A bench of Justice Banerjee and Justice Shah in the case titled Kamlesh Devi vs Jaipal &
Ors[1]. has opined that mere vague allegation is not sufficient to bring the case within the
domestic violence act. The Supreme Court is in favour of the high court order and hence
dismissed the petition for special leave.

6. 5
The Supreme Court of India has made significant observations, the magistrate indirectly
granted maintenance at a rate of Rs. 2,000 per month to the respondent till the
proceedings under section 125 crpc is not decided. The order is without jurisdiction and
therefore wholly unjustified and unsustainable.
A bench of Justice Sachdeva has passed the order in the case titled Binita Dass v. Uttam
Kumar [2]on 09.08.2019. Delhi High Court has held that the Magistrate cannot deny
interim maintenance to the wife only because she has earning capacity or is a qualified
person.
Justice Mitra has passed the order in the case titled as Smt. Haimanti Mal vs The State of
West Bengal [3] on 09.07.2019. Calcutta High Court has awarded Rs.1,00,000/- as
compensation to the wife for the mental agony suffered due to the conduct of the
husband. But, in absence of any evidence or materials on record, the grant of
compensation cannot be justified. Section 22 of the Protection of Women from Domestic
Violence Act, 2005 speaks about compensation and damages for the injuries, including
mental torture and emotional distress, caused by the acts of domestic violence
committed by the respondent.
Justice Awasthi has passed the order in the case titled Kuldeep Singh Vs. Rekha [5]on
18.06.2019. Madhya Pradesh High Court has held that if the wife and husband leave the
shared households to establish their household, the domestic relationship comes to an
end in respect of parents and therefore complaints under DV Act cannot be maintained
against them. Under the Domestic Violence Act, the first per-condition is that the
applicant must be an aggrieved person is a person defined in Section 2(a) of the Act. The
domestic relationship must be there between the aggrieved person and respondent to
invoke the Domestic Violence Act.
Justice Sachdeva has passed the order in the case titled Vikas Bhutani v. State [6]on
17.05.2019.
5. Madhya Pradesh High Court: Wife living separately cannot file a
case against parents-in-law
6. Delhi High Court: Domestic Violence vs Section 125 CrPC: Wife
entitled for maintenance under both provisions subject to adjustment

7. 6
Delhi High Court has observed that even if maintenance under Section 125 CrPC was
granted, the wife is entitled to maintenance for domestic violence though there can be
an adjustment qua earlier maintenance. The object of the grant of maintenance is to
afford a subsistence allowance to the wife, who is not able to maintain herself. The
court directed the amount of Rs. 40,000 per month to be paid by the petitioner from
the date of filing of the application.
7.CRITICAL ANALYSIS to the protection of women from domestic violence
act 2005
In the name of providing protection this act strikes at the very foundation of the
marriage by promoting intolerance and encouraging unnecessary litigation. Even for
little domestic disputes, the app can lead to separation making marriage a simple breach
of contract. This law is based on a wrong notion and assumes that man is the sole
dominator in a relationship. Together there is a wrong impression and this removes
gender biases in favour of women that are created by law. This law also gives rights in
favour of women without imposing any liabilities while man is overburdened with
discriminative liabilities with total denial of similar rights. The law is holy gender-
specific and rules are completely biased for men.
In the name of protecting women, this act also recognizes legal status to an extramarital
relationship which is neither recognized by society nor by existing matrimonial laws.
The legislature that passed the act did not notice that having sexual intercourse with
any person other than his or her spouse is a ground for divorce. Section 24 and 25 of
Hindu marriage act 1955 also provide for the maintenance and permanently eliminate
respectively do not recognize relationship other than or legally wedded husband and
wife.
Besides section 125 of the code of criminal procedure also grants the maintenance of life
to children, father and mother in a great perspective and does not recognize having a
legitimate relationship. Section 125 (4) prohibits a wife (living in adultery) from claiming
any maintenance from the husband. The legislature does not notice adultery is an
offence under section 497 IPC. So while on one hand man will be prosecuted for
adultery at the same time he will have to pay compensations or maintenance and
residency rights to women with whom.He is alleged to have an illegal relationship. This
provision will destroy the metric model relationship and disturb the social strata as well.
Section 14 of the protection of women from domestic violence act 2005 contains a very
dangerous provision where the magistrate may order the agreed to undergo counselling
jointly with the dominator and any member of the service provider. This goes against all
accepted principles of counselling. The victim and the abuser are in an unequal
situation and no joint counselling is possible. It can only lead to unequal distribution of
communication. Joint Counselling is not a correct method to stop abusive behaviour or
violence.

8. 7
Section 16 of the protection of women from domestic violence act 2005 allows the
magistrate to hold proceedings on camera. In the camera proceedings, the agreed party
intimidates in favour of the respondent. This is so when the victim in the court faces a
completely male-dominated, sneering from lawyers, officers, police magistrates etc.
This act also provides that complaints of domestic violence may be given to both
protection officers and police officers under section 498A of the Indian penal code. In
case of contradictory reports of the agencies, the duty lies upon the magistrate who is
the ultimate authority. This double inquiry of the same offence is over to major demerits
of the act. Also the active silence about non-compliance of some orders. It closes the
chances of reconciliation in future. On one hand, the act punishes a man for forcing his
wife to leave her job while on the other hand, it provides maintenance to the very same
wife. And the law does not provide any remedy to males in such a situation.
The act for sure is a landmark legislation in Indian history and the people of India
welcomes it with great enthusiasm. But it is still in the mindset of the people about the
misuse of this earth against innocent husbands and their family members. It definitely
cannot be that trouble and torture of all kinds and differences always arise from
husband or their in-laws. The vided women can't be just and fair in all the cases. This
act is often misused in many cases where women use this act as a weapon to cause
trouble and unnecessary harassment to the husband and his family. Hence going to
apply the provisions of this act the concerned parties and authorities should think about
the consequences of the application so that the innocent people and the family do not
suffer from the consequences.
8.SUGGESTIONS
Women’s vulnerability is the Root Cause; the problem of domestic violence in India is
required to be understood in the real sense. To understand the reason behind why
women become vulnerable and positioned themselves to be exploited. Most of the
women are illiterate and face silent violence and they are also under the pressure of
tradition in society.
ii. Attitudinal Change is needed among men and women; the basic social structure for a
long time in India is the Patriarchal structure where we can see a male-dominated
society. There is an unequal distribution of power relationships that is the root cause of
violent attacks. There should also be a change in the attitudes between men and women
to overcome the victimization of violence.
iii. Internalization of Legal Norms with Public Consensus Domestic violence in our
country is yet held to be an “interfamilial affair” and disallow the intervention of close
relatives and outsiders and the state. The real effective implementation of any
legislation has to undergo security of strong public consensus and acceptance in
democratic processes.

9. 8
Domestic violence is not only visible but is a part and parcel of the life of women in
India. Violence starts with her from the day her mother conceives her existence in the
womb and since then in every phase of her life span, she has to fight for her survival in
this rude society. Most of the women in our country are illiterate and they are not
aware of the basic law provision and also about their rights. Lack of awareness about
the law and rights guaranteed under that legislation for them but the most serious
problem is that the women are not aware of their rights which are due to traditional
customs. Victims are unable to get the legal remedies that are guaranteed by the
government for the protection of women. In our society which is said to be tradition-
bound and male-dominated, women are still treated as secondary sex which makes
them suffer the violence silently. In India women are made to suffer human right abuses
in a gender-specific way. She is often ignored and underestimated. The statutory
provision and constitutional provision were available to women but these provisions
were insufficient and the most important problem about it was the lack of awareness
about their rights which the constitution provides for the protection of women.
Domestic Violence goes beyond the boundaries of race, caste, religion, and class. In
2013 according to the Global Review Data, 35% of women worldwide have experienced
either physical and sexual intimate partner violence or non-partner sexual violence.
However, some National Violence studies show that up to 70% of women have
experienced physical or sexual violence in their lifetime from an intimate partner.153 In
New Delhi; a 2010 study found that 66 % of women reported experiencing sexual
harassment between two and five times during the past year.
iv. The strong legal mandate prescribed for officers and stakeholders; the officers and
institutions are responsible for the more effective implementation of the Act. It is needed
to wipe out gender discrimination, the traditional relation of patriarchal society and male
dominance.
v. Gender Perspective training is necessary Gender perspective training should be
mandatory by the law and is crucial for changing the crucial mindset of patriarchal society,
police, service providers, medical practitioners, protection officers, and especially of
magistrates, who often advise women to put up with the violence and “stop complaining”.
vi. Counselling by Expertise At the pre-litigation stage, counselling the aggrieved person
for restoring self-esteem, providing emotional support and assisting her in deciding as to
the initiation of legal proceedings.
FOOTNOTES
UNICEF (2000), Domestic Violence against Women and Girls, Innocenti
Digest,Law Relating to Domestic Violence in India 9, (Hind Law House
Publication, 2014).
http://www.oxforddictionaries.com/definition/english/violence

10. 9
4 World report on violence and health, World Health Organization, 2002.
Law of Domestic Violence
Id
“Domestic Violence: An Overview” FindCounseling.com
Ibid
Ibid
Ibid
Ibid
UNICEF (2000), Domestic Violence against Women and Girls
The Protection of Women from Domestic Violence Act, 2005