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A STUDY ON IMPACT OF DOMESTIC

VIOLENCE ON WOMEN OF AGE GROUP 18-40


YEARS

Dissertation Synopsis
Submitted for
Partial Fulfilment of the Degree
BACHELOR OF ARTS
In
SOCIAL WORK(HONOURS)

SUBMITTED BY
SUPERVISOR
KOPAL SRIVASTAVA
RUPESH KUMAR
ROLL NO: 13001045053

DEPARTMENT OF SOCIAL WORK


LUCKNOW UNIVERSITY
2015-2016

CERTIFICATE

This is to certify that the research work presented in the


B.A. (Hons.) 3rd year (Social Work), dissertation entitled
“A STUDY ON IMPACT OF DOMESTIC VIOLENCE ON
WOMEN OF AGE GROUP 18-40 YEARS” has been carried
out by Ms. Kopal Srivastava under my supervision and
guidance. She has fulfilled all the requirements for the
degree of B.A. (Hons.) in Social Work, Lucknow University,
regarding nature & prescribed period of work.

The work included in the thesis is all original & has


been done by her.

Date:
Supervisor

Dr. Rupesh Kumar

Department of Social Work

University of Lucknow

Lucknow
DECLARATION

I, Kopal Srivastava, hereby declare that the


dissertation work presented in B.A. (Hons.) III year
entitled “A STUDY ON IMPACT OF DOMESTIC VIOLENCE
ON WOMEN OF AGE GROUP 18-40 YEARS”, submitted to
Department of Social Work, University of Lucknow,
Lucknow, for the degree of B.A. (Hons.) in Social Work is a
record of independent dissertation work carried out by
me, under supervision & guidance of Dr. Rupesh Kumar.

Date:
Kopal Srivastava

B.A.(Hons) III year

Department of Social Work

University of Lucknow

Lucknow
ACKNOWLEDGEMENT

This is to acknowledge all those without whom this


project would not have been a reality. It is the matter of
great pleasure and great satisfaction to present this
dissertation report on “A STUDY ON IMPACT OF DOMESTIC
VIOLENCE ON WOMEN OF AGE GROUP 18-40 YEARS”.
Success of this project would not have been possible
without the help of many people. I undertake this
opportunity to acknowledge the valued assistance and
guidance.

I am grateful to my Co-ordinator- Dr. Rupesh Kumar for


giving me an opportunity to work on this research work.
The study was interesting and I learnt a lot from this
project. My special thanks to him for his assistance and
guidance & for context, suggestion and thought
provoking discussion imparted which enabled me to
complete this study.

Last but not the least, my appreciation goes to all


those not named here, but who have rendered their co-
operation, little or more, directly or indirectly in the
preparation and completion of this study. I am grateful to
all of my friends for their help and support regarding the
study.

Finally, I wish to put on this fact that without the help


and infallible guidance given to me by my teacher, my
study would have been in shambles and my endeavours
would have been nullified.

Kopal Srivastava

BA (Hons) III Year

Department of Social Work


PREFACE

About once every five minutes an incident of domestic


violence is reported in India, under its legal definition of
"cruelty by husband or his relatives". Domestic violence is
not unique to India. It occurs around the world, but what
sets it apart in India from many other countries is the
culture of silence that still surrounds it.

According to the last exhaustive family survey done by


the government, more than 54% of men and 51% of
women said it was okay for a man to beat his wife if she
disrespected her in-laws, neglected her home or children,
or even over something as trivial as putting less - or more
- salt in the food.
INDEX

S. NAME OF CHAPTER PAG


N E
o.

1 Introduction 1

2 Review of Literature 25

3 Research Methodology 38

4 Profile of Respondents 55

Impact of Domestic Violence on


5 Women aged 18-40 years 63

6 Conclusion and Suggestions 87

ANNEXURE

A References 95

B Summaries of Actual Cases 98

C Types of Violence in Narrative 100


D Interview Schedule 106
CHAPTER-1
INTRODUCTION

By definition, domestic violence is a pattern of abusive


behaviour in any intimate relationship that is used by
onepartner to maintain a sense of control over the other.
Domestic violence is further defined as physical or sexual
violence within the family. This includes sexual abuse of
children and physical abuse of elderly parents.

Domestic violence occurs without regard to race, age,


sexual orientation, religion, or gender. It mattersnot if
one comes from upper-, middle-, or lower-classfamilies.
Domestic violence occurs in both same-sex
relationshipsas well as opposite-sex relationships. It
shouldalso be noted that domestic violence affects other
familymembers, friends, and co-workers (Office on
ViolenceAgainst Women [OVW], n.d.). If a child grows up
withdomestic violence, he is, in effect, taught that
violence isa normal way of life. A behaviour inculcated by
the verypeople who are supposed to provide him with
love andcomfort. This sets in motion a vicious cycle where
childrenof abusers become abusers
themselves.Unfortunately, domestic violence is very
prevalent inour society.

In the India, it is estimated that betweentwo to four


million women are victims of domesticviolence every year.
It is probable that every 18 secondssomeone is a victim of
domestic violence. In one researchstudy it was
determined that approximately 80.8% of accusedabusers

1
were male as compared to 19.2% of femaleoffenders.
While females do abuse, most reported offendersare
male.There seems to be three main characteristics of
menwho batter their partners; frustration or stress,
genderroles or learned behaviour, and alcohol .The
excessive consumption of alcohol is a majorcontributor to
domestic violence. Approximately 43.5%of State prisoners
victimizing a family member and53.8% victimizing
nonfamily members were using drugsor alcohol when they
committed the offense of domesticviolence.

Generally, when the subject of domestic violence is


discussed, one thinks about physical abuse. However,
there are many types of abuse that fall under the
umbrella of domestic violence. The major areas of concern
withrespect to domestic violence are physical abuse,
sexual abuse, emotional abuse, economic abuse, and
psychological abuse.
Physical Abuse

This form of domestic violence ranges over a large field,


from pushing throughto homicide. There is no particular
pattern to the physical violence that victimsof domestic
violence may be subjected to. Incidents may be as
frequent as dailyabuse, or as infrequent as once a year,
but evidence shows that the problem iswidespread.
Physical violence usually containsa number of different
physical acts, such as slapping, kicking, being
thrownagainst the wall or hit repeatedly with a weapon
which usually takes the form ofa household item, e.g. an
ornament. In America, guns are more commonly usedin
domestic incidents, mainly because of the availability of

2
guns in Americacompared with the situation in Great
Britain.

InBritain the rate of domestic homicide is less when


compared to the rate inAmerica. Domestic homicide in
Britain is more likely to occur from a physicalattack with a
household implement rather than a gun. Most physical
attacks result in injury, such as broken bones and cuts,
but other physical attacks can also result in internal
injuries. Being able to see the injuries is important. If an
incident is reported to the police, it may be deemed that
noinjury has occurred unless the injury is visible .Visibility
of the injuries may be hidden by the perpetrator by
forcing the woman to remain silent or hiding the victim
away from their friends.

Emotional/Psychological abuse

Being involved in a physically abusive relationship


invariable means that the victim will suffer some
emotional or psychological abuse as well. Although this
type of domestic violence is not visible, the effects can be
argued to be moredamaging in the long term to the
individual than physical acts. No one victim ofdomestic
violence will respond in exactly the same way, mainly
because notevery victim is subjected to exactly the same
pattern of abuse. Emotional orpsychological abuse can
range from degradation to being constantly belittledwith
verbal abuse. Although in the majority of relationships,
couples shout andscream at each other both sides of the
argument know that a threat, if ever any,that is made is
not serious or will be carried out. This changes when in a

3
violentrelationship. The victim within a relationship that
contains domestic violenceknows that when a threat is
made more than likely it will be carried out Victims can
suffer psychological abuse by being disallowed to gain
employment or experiencing extreme possessiveness by
their partners.Domestic violence leads to the victim to
feeling a sense of loss of himself orherself, of the person
that they use to be. Feelings of shame, humiliation
andguilt for not being able to maintain a ‘normal’
relationship are also frequentlyreported.

Sexual Abuse

Many victims of domestic violence who are experiencing


physical violence alsoreport being subjected to sexual
abuse or violence. Kelly (1988) discusses theidea of a
continuum of sexual violence, which includes everyday
examples ofdominating sexual behaviour, to sexual
assault to rape. She identifies murderand sexual
mutilation of girls or women to be the most severe form
of sexualviolence (Kelly, 1988). It is argued that it is not
correct to think of thecontinuum of sexual abuse/violence
in terms of severity, as different experienceswill have
different effects on each victim. Sexual abuse is probably
the hardestform of violence to confront, because society
is overall reluctant to hear about individuals sexual abuse
experiences.

A study carriedout by Tjaden and Thoennes (1998) found


that out of the population sample 18%of women had
experienced being raped in their lifetime. Their survey
also foundthat one out of six U.S women and interestingly

4
one out of thirty-three men hadexperienced an attempted
or completed rape in their lifetime. Sexual abuseaffects
people in many different ways. Some victims may feel that
they need toconfront the problem by talking about their
experience and taking legal action,whilst others may wish
to keep the experience to themselves and try and block
itout of their minds. Sexual violence is often intertwined
with a physical act.

Domestic Violence: Learned Behavior

Domestic violence is behavior learned through


observation and reinforcement. Like other forms of
aggression, domestic violence is not caused by genetics
or illness. People are not born perpetrators and for the

5
most part there is no disease or illness that turns a non-
abusive person into an abuser. Domestic violence is a
behaviour acquired over time through multiple
observations and interactions with individuals and
institutions (Bandura, 1979; Dutton, D., 1988). The
behaviors, as well as the perpetrator’s internal “rules and
regulations” about when, where, against whom, how, and
by whom domestic violence is to be used, are learned.
Domestic violence and the beliefs that support it are
learned through direct observation (e.g., the male child
witnessing the abuse of his mother by his father or from
the proliferation of images of violence against women in
the media). It is also learned through the reinforcement of
the perpetrators’ experiences (e.g., perpetrators
receiving peer support or not being held responsible,
arrested, prosecuted, or sentenced appropriately for their
violence).

Domestic violence is observed and reinforced not only in


the family but also in society. It is overtly and covertly
reinforced by society’s major institutions: familial, social,
legal, religious, educational, mental health, medical,
entertainment, and the media (Bandura, 1977; Dutton, D.
1988; Ganley, 1989; Dobash & Dobash, 1979). These
social institutions advocate the use of violence as
legitimate means of controlling family members (e.g.,
religious beliefs/ positions that state that a woman should
submit to the will of her husband, laws that do not
consider violence against intimates a crime, medical and
mental health systems that blame victims for “provoking”
the violence). These practices reinforce the use of
violence to control intimates by failing to hold

6
perpetrators responsible for their actions and by failing to
protect victims. (See Jones (1994) for a more complete
discussion of social supports for battering. )

Domestic violence is repeated because it works and thus


the pattern of behavior is reinforced. The use of the
abusive conduct allows the perpetrator to gain control of
the victim through fear and violence. Gaining the
victim’scompliance, even temporarily,provides partial
reinforcement for the perpetrator’s use of abusive tactics.
Often the battering behavior is also reinforced by the
responses of peers, family authorities, and bystanders.
More importantly, the perpetrator is able to reinforce his
own abusive behavior. He is able to justify his actions to
himself because of the socially sanctioned belief that men
have the right to control women in relationships and have
the right to use force to ensure that control.

Domestic Violence andGender

Domestic violence is a gender-specificbehavior which is


socially and historicallyconstructed. Men are socialized to
takecontrol and to use physical force whennecessary to
maintain dominance. Whilemost victims of male violence
are othermen, the majority of victims of domesticviolence
are female, although female-to-male,male-to-male (gay),
and female-to-female(lesbian) violence also occurs
inintimate relationships. Male violenceagainst women in
intimate relationships is asocial problem condoned and
supported bythe customs and traditions of a
particularsociety. There is a great deal of discussionabout
whether gender is the sole factordetermining the pattern

7
of abusive controlin intimate relationships or one of a
clusterof significant variables (Miller, 1994;Renzetti,
1994). However, gender is clearlya salient issue when
considering the followingfactors: the prevalence of male-
to-femaledomestic violence, injuries to femalevictims, the
use of physical force as part ofa pattern of dominance,
and specificresponses of victims and perpetrators
todomestic violence.

As previously noted, in the majority ofreported domestic


violence cases, theperpetrators are men and the victims
arewomen (Douglas, 1991). In heterosexualrelationships,
some women sometimes usephysical force, but their use
of physicalforce is not always at the same rate orseverity
as men’s (Dobash & Dobash,1979, 1992; Gelles, 1994).
Studies indicatethat while both men and women
sometimesuse similar physical behaviors, the
physicaleffects of male violence are far more seriousthan
female aggression as measured by thefrequency and
severity of injuries (Berk,Berk, Loseke, & Rauma, 1983).
Furthermore,the impact of the physical aggression
variesaccording to the gender of the victim —female
victims of male intimate violence experience more
negative consequencesthan male victims of female
intimateviolence (Vivian & Langhinrichsen-Rohling,1994).

Furthermore, the purpose of women’suse of physical force


appears to be differentthan men’s. In studies of
heterosexualrelationships, women use physical
forceagainst partners for self-defence, whereasmen use
force for power and control(Saunders, 1986; Hamberger &
Potente,1994; Jacobson, et al., 1994). In homicide studies,

8
women are shown to be morelikely than men to have
committedhomicide in self-defense. In contrast,
maleperpetrators of homicide are more likely tostalk
victims, kill victims and/or otherfamily members, and/or
commit suicidethan female perpetrators of
homicide(Wilson & Daly, 1992). The research onbattered
women who kill also suggests thatwomen’s use of
physical force is related toprotecting themselves from the
severeviolence of male perpetrators (Gillespie,1989).
Browne (1987) found no distinguishingcharacteristics
between batteredwomen who kill and those who do not.
Theonly differences found in comparing thesetwo groups
of battered women were foundin their batterers (i.e., the
men who werekilled had been more violent against
thevictims as well as the children than thosewho were not
killed).

Obviously, in same-sex domestic violence the gender


pattern is different. However, the reality of same-sex
domestic violence does not discount the gender issues of
domestic violence. Male violence against women in
heterosexual intimate relationships is a paradigm for
intimate violence in gay and lesbian relationships: one
partner is intimidating and controlling the other through
the use of or threat ofphysical violence.

Even though the gender pattern is not the same for same-
sex relationships as for heterosexual, there are gender
issues related to how gay and lesbian victims and
perpetrators relate to the abuse and to how others view
same-sex domestic violence. For example, because of
their gender socialization, gay victims may have difficulty

9
identifying as victims because it is seen as “unmanly”
(Letellier, 1994); the gay community may discount the
violence because “that is the way men are” while the
lesbian community may deny lesbian domestic violence
because “women are not like that;” and the homophobic
mainstream dismisses the domestic violence as just part
of being gay or lesbian. While same-sexdomestic violence
is slowly receiving attention in the literature (e.g., Lobel,
1986; Renzetti, 1992; Letellier, 1994), there have been no
studies comparing heterosexual, lesbian and gay
domestic violence. Consequently, additional questions
regarding gender and domestic violence still need to be
answered.

Domestic Violence andCultural Issues

Domestic violence occurs in all cultural/ethnic groups both


outside and within the United States. Cross-cultural
studies involving non-literate societies(Levinson, 1989;
Campbell, J., 1993;Erchak & Rosenfeld, 1994) indicates
that wife beating is more typical than husband beating in
those societies and that the prevalence and severity of
wife beating is influenced by a variety social factors
within particular society (e.g., tolerance of violence,
competitiveness between men and women, presence of
support networks for women). While a review of that
literature is beyond the scope of this chapter, it is
referenced here as a reminder that domesticviolence is
socially constructed and learned.

10
While researchers seek to understand the significance of
cultural differences as related to domestic violence, 3 it is
helpful for the health care provider to focus on what is
known. Domestic violence occurs in all cultural/ethnic
groups and has serious physical and emotional
consequences for victims, their children and their
communities. The health impact of domestic violence to
victims has been documented in various ethnic groups:
Latino, African American, Asian, Native American, and
Caucasian.

Cultural factors should not be used to dismiss the reality


of domestic violence in patient’s life. Perpetrators and
others will sometimes offer various cultural
rationalizations for the conduct (e.g., “That’s the way she
knows I love her,” “It’s part of ourculture,” “It is their way
of life”) and there may be certain cultural specificity in
the expression of those rationalizations (e.g., “______
women are very violent, too”).This “cultural defence” for
domestic violence has even been inappropriately offered
in courts in attempts to explain away domestic violence
homicides.

Culture sometimes shapes the specific tactic of control


used by the perpetrator. Some perpetrators use cultural
factors of the victims as a way to further the abusive
control (e.g., immigrant status, language skills).
Perpetrators may accuse victims of acting “uppity,”
“American,” “white” roof being a “bitch” when they
assert their human rights. These tactics of control are
shaded with cultural issues to give the perpetrator
dominance over the victim. While culture does not alter

11
the reality of the health consequences of domestic
violence, cultural factors can influence identification,
assessment, and intervention for the problem. The
cultural identities of both the patient and the health care
provider may affect the identification and assessment of
domestic violence. A healthcare provider unfamiliar with a
particular ethnic group may misinterpret a patient’s
actions as indicative of abuse (e.g., avoidance of eye
contact) or as indicating that she is not a battered woman
(e.g., a victim’s rage and threats against her
abuser).Victims from different cultural groups have
different values and beliefs about interpersonal
communication, the role of healthcare providers, the role
of police, and the role of family members which shape
how they reveal or don’t reveal their experience of
domestic violence.

Cultural issues should be considered in designing


effective responses and interventions for both the victims
(Torres, 1993; Campbell, D., 1993; Ho, 1990; Hamptom,
1987; Jang, 1991; Plass, 1993) and the perpetrators
(Williams, 1994). Just as health facilities have worked to
offer all health care services in ways that are accessible to
diverse populations with a variety of languages and
ethnicities, responses to patients experiencing domestic
violence must also be culturally appropriate

Domestic Violence vs. Illness-based Violence

12
While domestic violence is learned, there is other violence
that results from illness. A small percentage of violence
against adult intimates is illness-based buts misidentified
as domestic violence.

This violence is caused by organic or psychotic


impairments and is not part of a learned pattern of
coercive control of an intimate partner. Individuals with
diseases such as
Alzheimer’s disease, Huntington’s chorea, or psychosis
may strike out at an intimate partner. Sometimes that
violence gets identified as domestic violence. An
assessment will distinguish illness-basedviolence from
learning-based violence. With illness-based violence,
there is usually no selection of a particular victim
(whoever is present when the short circuit occurs will get
attacked: health care provider, family member, friend,
stranger,etc.). However, with learning-based violence, the
perpetrator directs his abusive conduct toward a
particular person or persons. In addition, with illness-
based violence there is usually a constellation of other
clear symptoms of a disease process.

For example, with an organic brain disease, there are


changes in speech, gait, or physical coordination. With an
illness such aspsychosis there are multiple symptoms of
the psychotic process (e.g., “He attacked her because she
is a CIA agent sent by the Pope to spy on him using the TV
monitor”). Poor recall of the event alone is not an
indicator of illness-based violence (see Section III. B. 2 of
this chapter on perpetrator minimization and denial).
With

13
Illness-based violence the acts are stronglyassociated
with the progression of a disease (e.g., the patient
showed no prior acts of violence or abuse in the 20-year
marriage until other symptoms of the organic process had
appeared).

There has been no systematic research to determine the


percentage of cases identified by police or courts as
domestic violence that are attributable to illness. In
clinical sample of those individuals identified by
community police and courts and referred to a medical
centre as domestic violence perpetrators, less than 5%
were violent as a result of an organic process
(Galley, 1995). More research is needed onthis issue.

Illness-based violence can be most effectively managed


by appropriate medical or mental health interventions
and case management (e.g., instituting day treatment
programs, appropriate medications, respite care,
institutionalization when necessary). While attention
must be given to the safety of the victims in such cases, it
is more appropriately dealt with by those knowledgeable
about the particular illness. While the victim may benefit
from emergency shelter services and safety planning, the
perpetrator of illness-based violence would not benefit
from specialized domestic violence interventions.

Domestic Violence isnot caused by Alcohol or


Other Drugs

Many people use or abuse drugs without ever battering


their partners. Alcohol and other drugs such as marijuana,

14
depressants, anti-depressants, or antianxiety drugs do
not cause individuals to become violent. Although alcohol
and drugs may be used as the excuse for the
battering, research indicates that the complex pattern of
coercive behaviours which comprise domestic violence is
not caused by consuming particular chemicals(Critchlow,
1986; Taylor & Leonard,1983; Pihl & Smith, 1988, Gondolf
&Foster, 1991).

Some people who consume alcohol or drugs are violent


with or without the chemical in their bodies. An addict’s
violence may be part of a lifestyle where everything,
including family life, is orchestrated around the
acquisition and consumption of the drug. Other addicts
are so focused on their addiction that they withdraw from
relationships and do not engage in any controlling
behavior directed
at family members.

On the other hand, there is conflicting evidence whether


certain drugs (e.g. Steroids, PCP, speed, cocaine or
cocaine’s derivative, “crack”) chemically react within the
brain to cause violent behaviour or whether they induce
paranoia or psychosis, which is then sometimes
accompanied by violent behaviours. Further research is
needed to explore the cause and-effect relationship
between those particular drugs and violence.

While research studies cited above have found high


correlations between aggression and the consumption of
various substances, there is no data clearly proving a
cause and-effect relationship. There are a wide variety of

15
explanations for these high correlations. Some say that
alcohol and drugs provide a disinhibiting effect which
gives the individual permission to do things that they
otherwise would not do. Others point to the increased
irritability or hostility which some individuals experience
when using drugs and which may lead to violence. Others
state that the high correlations merely result from the
overlap of two widespread social problems: domestic
violence and substance abuse.

Clinical experience cautions against viewing domestic


violence as being caused by alcoholism, drug addiction or
substance abuse. Such a view can misdirect interventions
solely to the chemical use rather than to the domestic
violence. For those who are addicted to alcohol and other
drugs, stopping domestic violence behavior is difficult
without also stopping the addictions. However, it is not
sufficient to treat the chemically addicted perpetrator of
domestic violence solely for either addiction or domestic
violence. Interventions forboth require one of the
following:

a) concurrent interventions for domestic violence and


substance dependence/abuse,
b) inpatient substance abuse treatment with a mandatory
follow-up program for domestic violence, or
c) aninvoluntary substance abuse commitment (which is
done in some, but not all, states) with rehabilitation
directed at both the addiction and the domestic
violence.

The presence of alcohol or drugs is highly relevant to the


assessment of lethality. The use of, or addiction to,

16
substances may increase the potential lethality of
domestic violence and must be carefullyconsidered when
addressing the safety of the victim, the children, and the
community(Browne, 1987).

Domestic Violence isnot caused by Anger

The role of anger in domestic violence is complex and


cannot be simplistically reduced to one of cause-and-
effect. Some battering episodes occur when the
perpetrators not angry or emotionally charged and others
occur when the perpetrator is emotionally charged or
angry. Some abusive conduct is carried out calmly to gain
the victim’s compliance. Some displays
of anger or rage by the perpetrator are merely tactics
used to intimidate the victim, and can be quickly altered
when the abuser thinks it is necessary (e.g., upon arrival
of police).
Current research indicates that there Isa wide variety of
arousal or anger patterns among identified perpetrators
as well as among those who are identified as not abusive
(Gottman etal., 1995; Jacobsen etal., 1994). These studies
suggest that there may be different types of batterers.
Abusers in one cluster actually reduced their heart rates
during observed marital conflicts, suggesting a calm
preparation for fighting rather than an out-of-control or
angry
response. Such research challenges the notion that
domestic violence is merely an anger problem and raises
questions about the efficacy of anger-management
programs for batterers.

17
Remembering that domestic violence isa pattern of
behaviors rather than isolated, individual events helps to
explain the number of abusive episodes that occur when
the perpetrator is not angry. Even when experiencing
anger, the perpetrator still chooses to respond to that
anger by
acting abusively. Ultimately, the individualism responsible
for how he expresses anger or any other emotion.

Domestic Violence isnot caused by Stress

Life is filled with many different sources of stress (e.g.,


stress from the job, stress from not having a job,
relationship conflicts, losses, illness, discrimination, or
poverty). People respond to stress in a wide variety of
ways (e.g., problem solving, substance abuse, eating,
laughing, withdrawal, and violence) (Bandura,
1973).People choose ways to reduce stress according to
what they have learned about strategies that have
worked for them in the past.

It is important to hold individualsresponsible for the


choices they make regarding how they reduce stress,
especially when those choices involve violence or other
illegal behaviours. A robbery or mugging by a stranger is
not excused simply because the perpetrator claims he is
stressed. Similarly, the perpetrator of domestic violence
cannot be excused simply because he is stressed.
Moreover, as already noted, many episodes of domestic
violence occur when the perpetrator is not emotionally
charged or stressed. Since domestic violence is a variety
of tactics repeated over time for the purpose of

18
controlling the victim, specific stresses are less
meaningful in explaining a longitudinal pattern of abusive
control (Pence &Palmar, 1993).

Domestic Violence is notcaused by theVictim’s


Behavior or by the Relationship

People can be in conflicted relationships and experience


negative feelings about the behavior of their partner
without choosing to respond with violence. Focusing on
the relationship or the victim’sbehavior as an explanation
for domestic violence removes the perpetrator’s
responsibility for the violence and coercion and supports
the perpetrators’ minimization,
denial, blaming, and rationalization for the violent
behavior. Blaming the victim for making the perpetrator
angry, or blaming the violence on problems in the
relationship(e.g., poor communication) provides the
perpetrator with excuses and justifications for the
conduct. This reinforces the perpetrator’s use of abuse to
control family members and thus contributes to the
escalation of the pattern of domestic violence.

Many batterers bring this pattern of control into their


adult relationships and repeat it in all their adult intimate
relationships, regardless of significant differences in the
personalities or conduct of their intimate partners or in
the characteristics of those particular relationships. These
variables in partners and relationships supports the
position that while domestic violence takes place within a
relationship, it is not caused by the relationship. Research

19
indicates that there are no personality profiles for
battered women(Hoteling& Sugarman, 1986).
Batteredwomen are no different from non-battered
women in terms of psychological characteristics. Once
again, this challenges the myth that there is something
about the woman that causes the perpetrator’s violence.
Furthermore, a study by Jacobson al. (1994) indicates that
no victim behaviour could alter the perpetrator’s
behavior. This also suggests that the victim’s behaviour is
not the determining factor in whether or not the
perpetrator is abusive.

Domestic violence in adolescent relationships further


challenges the notion that the abuse is the result of the
victim’sbehavior. Often times the adolescent abuser only
superficially knows his victim, having dated her only a few
days or weeks before beginning the abuse. Such an
abuser is often acting out an image of how to conduct an
intimate relationship based on the recommendations of
his peers, music videos, models set by family members,
etc. The adolescent’s abusive conduct is influenced more
by that image or script than by the victim’s behavior.

Both adult and adolescent batterersbring into their


intimate relationships certain expectations of who is to be
in charge and what mechanisms are acceptable for
enforcing that dominance. Those attitudes and beliefs,
rather than the victim’s behavior, determine whether or
not they are violent.

20
Domestic Violence in India: Socio-Legal Aspects

“Violence against women is a manifestation of


historically unequal power relations between men and
women, which have led to domination over and
discrimination against women by men and to the
prevention of the full advancement of women.” The
United Nations Declaration on the Elimination of Violence
against Women, General Assembly Resolution, December
1993.

Women are often in great danger in the place where they


should be the safest i.e. within their families. For many
„home‟ is that place where they have to face a regime of
terror and violence in the hands of somebody close to
them – somebody they should be able to trust. It is that
place that imperils lives and breeds some of the most
drastic and heinous forms of violence perpetrated against
women and girls. Those victimized suffer physically and
psychologically. With different processes of socialization

21
that men and women undergo, men take up stereotyped
gender roles of domination and control, whereas women
take up that of submission, dependence and respect for
the authority. A female child grows up with a constant
sense of being weak and in need of protection, whether
physical, social or economic. This helplessness has led her
to be exploitable at almost every stage of life. They are
even unable to make their own decisions, enjoy their
basic fundamental rights or even voice their own opinion
for fear of further repercussions. Their human rights are
denied, even equality, security, self-worth and dignity are
at stake and their lives are stolen from them by the ever-
ending threat of violence. This violence against women
has increased manifold, though this torture on them is
not new, it is an old phenomenon from the time when the
social organization and family life came into existence –
be it rape, gang-rape, torture for dowry, illegal
confinement, kidnapping, abduction, molestation, honour
– killing, physical assault, acid attack, sexual harassment
or female infanticide. In addition, they also have to bear
the brunt of pernicious practices like child- marriage, sati,
prostitution, forced marriages, wife-beating, stalking,
bride- burning, passing lewd comments, black-mailing,
sex-determination, sexual abuse of the girl child and
medical neglect are wide spread both in rural and urban
areas. Women in India are subjected to domestic,
physical, emotional and mental violence. The safety of
women, who constitute of almost half of the country’s
population, still remains a far cry. They do not feel safe
while coming out of their houses, walking on roads,
travelling in public transport, undergoing medical
treatment in hospitals, studying in educational

22
institutions and also living within the four walls of their
houses. In this male dominated society, women are
exploited both at home and outside. They are always
treated as second class citizens.

Now, before understanding what the position of women is


in this current time, we should go back to the pre-
independence time to compare their position as of now.
According to scholars, women in ancient India enjoyed
equal status in all respect of life. They were given proper
education in the early Vedic period, were married at a
matured age and were also free to select their own
husbands. But the status of women declined with the
Islamic invasion of Babur and the Mughal Empire and it
further deteriorated during the medieval period when
child marriages and a ban on widow remarriages became
part of social life in some communities in India. Polygamy
became to be practiced among Hindu Kshatriya rulers.
During the British Raj, many reformers such as Raja Ram
Mohan Roy, Ishwar Chandra Vidyasagar and many others
fought for the betterment of women. Women also played
an integral role in Indian Independence struggle. Thus it
can be understood the women played a vital part during
the pre-independence time.

The new millennium has brought with it a greater push


towards acknowledging the incidence of violence against
women and an international consensus has developed on
the need to deal with the issue. The Convention on the
Elimination of all forms of Discrimination against
Women10 adopted by the UN General Assembly some 20
years ago and the Platform for Action adopted at the

23
Fourth International Conference on Women in Beijing in
1995 all reflect this consensus. Further the Protection of
Women from Domestic Violence Act, 2005, the Sexual
Offences Act, 2003, builds some policies nationally and
locally over the past decade, aiming to reduce the
incidence of sexual and domestic violence and improve
the treatment of victims by the criminal justice system.
The Domestic Violence Act which came into force on
26.10.2006 is in tune with the above mentioned
International Conventions. The Pre-conception and Pre-
Natal Diagnostic Techniques (Prohibition of Sex Selection)
Act, 1994 was also introduced to prevent the misuse of
diagnostic techniques resulting in sex selection abortion.
But progress has been slow due to entrenched attitudes.
The researcher has primarily used the doctrinal method of
research. Different Legal Text books on the Domestic
Violence Act are the primary sources. While relevant text,
articles, case laws, as well as internet are the secondary
sources. For the purpose of this project, the researcher
has divided the entire project into five chapters. They are
as follows: Before delving deep into the concept of
“domestic violence”, it is pertinent here to explain certain
terms for proper understanding of this article.

Definition of “Domestic Violence”,


“Domestic Relationship‟ and “Aggrieved
Person”

1. “Domestic Violence”

24
There is no universally accepted definition of violence
against women. Some human rights activists prefer a
broad-based definition that includes „structural violence‟
such as poverty and unequal access to health and
education. Others have argued for a more limited
definition in order not to lose the actual descriptive power
of the term. The term „domestic violence‟ includes
violence by an intimate person or by any other family
members, wherever this violence takes place and in
whatever form.

The United Nations Declaration on the Elimination of


Violence against Women (1993) defines domestic violence
against women as, “an act of gender-based violence that
results in, or is likely to result in physical, sexual or
psychological harm or suffering to women, including
threats of such acts, coercion or arbitrary deprivation of
liberty, whether occurring in public or public life.”

Section 3 of the Protection of Women from Domestic


Violence act, 2005 has clearly stated the definition of
“domestic violence”. It includes that any act, omission,
commission or conduct of the respondent shall constitute
domestic violence in cases.

(a) harms or injures or endangers the health, safety, life,


limb or well-being, whether mental or physical, of the
aggrieved person or tends to do so and includes causing
physical abuse, sexual abuse, verbal and emotional abuse
and economic abuse; or (b) harasses, harms, injures or
endangers the aggrieved person with a view to coerce her
or any other person related to her to meet any unlawful

25
demand for any dowry or other property or valuable
security; or (c) has the effect of threatening the aggrieved
person or any person related to her by any conduct
mentioned in clause (a) or clause (b); or (d) otherwise
injures or causes harm, whether physical or mental, to the
aggrieved person.

The Fourth Conference of Women, 1995, has defined


violence against women as “a physical act of aggression
of one individual or group against another or others.
Violence against women is any act of gender-based
violence which results in physical, sexual or arbitrary
deprivation of liberty in public or private life and violation
of human rights of women in situation of armed conflicts.
Thus, the above are few definitions of Domestic Violence
which gives a detail insight about the concept and
perception of the above mentioned term i.e. domestic
violence.

2. “Domestic relationship”

Under Section 2(f) of the Act, “domestic relationship”


means a relationship between two persons who live or
have, at any point of time, lived together in a shared
household, when they are related by consanguinity,
marriage or through a relationship in nature of marriage,
adoption or are family members living in a joint family.
The scope of this provision is very wide. In a famous case
of Nandan Singh Manral vs. State18, the notice was
served on the brother-in-law. But it was held that the
husband of the married sister, who lived far away from
the family of the husband, cannot be said to have lived in

26
shared household with the aggrieved person as no
domestic relationship existed. Hence, the notice served
on the brother-in-law was quashed.

Crime head-wiseincidentsof crimeagainstwomenduring 2010 -2014


andpercentage variationin2014 over2013
Sl. Percentage
Crimehead Year variationin
No.
2014over
2010 2011 2012 2013 2014

1 Rape 22,172 24,206 24,923 33,707 36,735 9.0


2 Attemptto commitrape* 4,234 -
3 Kidnapping&abduction ofwomen 29,795 35,565 38,262 51,881 57,311 10.5
4 Dowrydeaths 8,391 8,618 8,233 8,083 8,455 4.6
5 Assaulton women withintent to outrage her/theirmodesty 40,613 42,968 45,351 70,739 82,235 16.3
6 Insult tothe modestyofwomen 9,961 8,570 9,173 12,589 9,735 -22.7
7 Crueltybyhusband orhisrelatives 94,041 99,135 1,06,527 1,18,866 1,22,877 3.4
8 Importation ofgirl from foreigncountry 36 80 59 31 13 -58.1
9 Abetmentof suicide ofwomen 3,734
A. TotalIPC crimeagainstwomen 2,05,009 2,19,142 2,32,528 2,95,896 3,25,32 9.9
9
10 CommissionofSatiPrevention Act 0 0 0 0 0
11 IndecentRepresentationofWomen(P) Act 895 453 141 362 47 -87.0
12 TheDowry Prohibition Act 5,182 6,619 9,038 10,709 10,050 -6.2
13 Protectionofwomen fromdomesticviolence Act* 426 -
14 ImmoralTraffic(Prevention) Act# 2,499 2,436 2,563 2,579 2,070# -
B. TotalSLLcrimeagainstwomen 8,57 9,50 11,74 13,65 12,59 -7.7
6 8 2 0 3
Total(A+B) 2,13,585 2,28,650 2,44,270 3,09,546 3,37,92 9.2
2

‘*’Newlyincludedcrimehead; ‘#’Modificationindata in2014,asfiguresreferto


womenrelatedcrimesonly.

In contrast, the scope of Section 498A of the Indian Penal


Code19 was essentially included to punish the husband
and the in-laws of the bride for the act of cruelty. In the
case of domestic violence also, the perpetrator is the
male against a women. Now, if the husband or the
relatives of the husband commits an act of domestic
violence through his male relatives or through his female
relatives, it is deemed that there was an act of domestic
violence for which the relatives and the husband will be
held responsible. Here the order of the Magistrate will be
binding on the parties, and non- compliance with the

27
orders of the Magistrate amounts to an offence which is
punishable under Section 31 of Protection of Women from
Domestic Violence Act, 2005. Thus the above definition
though, its scope is very large, mentions and points out
the true ambit of domestic violence.

3. Aggrieved Person

According to Section 2(a) of the Protection of Women


from Domestic Violence Act, 2005, aggrieved person
means any woman who is, or has been, in a domestic
relationship with the respondent and who alleges to have
been subjected to any act of domestic violence.

Causes of Domestic Violence

There are no single causes/factors that contribute to the


violence perpetrated against women. For the purpose of
this article, the researcher has divided the types of
causes of violence against women into five headings.
They are cultural, economic, legal and political. Let me
discuss them one by one under the following

1. Cultural

Acceptability of violence as a means to resolve conflict is


the major reason of violence against women. Victims
generally feel that it is better to suffer in silence than to
be separated from their loved ones. They keep hoping for
improvement but their wait turns into a nightmare

28
without any remedy. Religious and historical tradition in
the past have sanctioned the chastising and beating of
women. The male members control family wealth, and as
such it places decision- making authority in male hands,
leading to its dominance. Traditional norms in those
societies also allow the killing of „errant‟ daughters and
wives suspected of defiling the honour of the family. Even,
experiences during childhood, such as witnessing
domestic violence and experiencing physical and sexual
abuse have been identified as factors that put children at
risk. Excessive consumption of alcohol has been noted as
a factor in provoking aggressive and violent male violence
towards women.

2. Economic

Another important factor that contributes to the violence


against women is the economic and financial dependence
of women on men. This is generally true when the male
person is unemployed and feels his power undermined in
the household. The threat and fear of violence keeps
women from seeking employment or compels them to
accept low-paid exploitative labour. And on the other
hand, without economic independence, women have no
power to escape from an abusive relationship.

3. Legal

Improper and inadequate laws and legal status of women


is the primary cause for domestic violence. In India, laws
relating to divorce, child custody, maintenance and
inheritance are always in favour of men, ignoring

29
women’s rights. This has further led to violence on the
women. The law enforcement agencies are also less
sensitive towards women and their problems and always
tend to guard the male counter-part. In many places it is
seen that the perpetrators who commit violence are less
prosecuted and punished leniently. This finally tends to
break the will power of women and they submit
themselves before the male society. The last nail which is
driven into the coffin of all women is that they are less
educated than their male counter-part.

4. Political

The isolation of women from communities and less


participation in the field of politics also contribute to
more of violence on women. As their interactions with
strangers or outer people are less, so they become
victims of violence. They fear to raise their timid voices,
least they fall prey to more violence than before. Thus,
the above are the causes that contribute to domestic
violence on women. But now-a-days the scenario is
changing with the passage of time. Women are more
financial independent than before; they pursue their
higher studies and even raise their strong voice against
their male-counter-part. Now domestic violence is taken
up seriously.

Types of Violence

After recognizing the causes that lead to violence against


women, it is essential to know the different types of
violence. Though there cannot be any specific type of

30
violence, violence is such which tends to lower the self-
esteem of an individual. Still the researcher has identified
some types of domestic violence against women. They are
as follows:

 Violence which is money oriented;


 Violence which is the result of stressful family
situation;
 Violence which seeks power over the weak;
 Violence which is the result of the perpetrators
pathology;
 Violence which aims at pleasure seeking;
 Violence which is victim precipitated.

But one thing is to be noted here is that, the primary


difference between domestic violence and any other
violence is, the former is committed by an intimate
partner or family members of that partner. These types of
violence are generally done by those men who suffer from
depression, inferiority complex, self-low-esteem,
personality disorders, and psychopaths, have suspicious
and dominant nature, victim of violence in childhood and
frequent users of alcohol. The table below shows the
types of domestic violence in different stages of life of a
woman.

Violence against Women

Phase Type of violence


Sex-selective abortion;
1. Pre-Birth Effects of battering during
pregnancy on birth
outcome.

31
Female infanticide;
2. Infancy Physical, sexual and
psychological abuse.

Child marriage; Female


3. Girlhood genital mutilation;
Physical, sexual and
Psychological abuse;
Incest; Child Prostitution
and Pornography.

Dating and courtship


4. Adolescence and violence (Ex. Acid throwing
Adulthood and rape), Economically
coerced sex (Ex. School
girls having sex with
“sugar Daddies” in return
of school fees; sexual
abuse in the workplace;
Rape; Sexual Harassment;
Incest; Trafficking in
women; forced prostitution
and pornography; Marital
Rape; Dowry Abuse and
murders; Psychological
abuse; Forced pregnancy;
Abuse of Women with
Disabilities.

Forced “suicide” or
5. Elderly homicide of widows for
economic reasons;
Physical, Sexual and

32
Psychological Abuse.

Thus, the above table shows that violence against women


is a cycle/chain of abuse that manifests itself in numerous
forms throughout her life.

Legislative Check-Up on Domestic Violence in


India

Before discussing the legislative check-up, it is advisable


to know first as to who may file the complaint. Complaint
may be filed on behalf of the aggrieved women or any of
the members of the household against any other member
or members of the household. The husband of the
aggrieved women can file a complaint on behalf of his
wife against other members of the family who have
committed the acts of domestic violence on the aggrieved
women. Likewise the father-in-law can also file the
complaint on behalf of the aggrieved women. It is to be
noted here that only male would not be the respondents.
But the complaint must be filed by any aggrieved women.
It is also to be noted here that, the cause of action for
instituting a case under this act must be in the occurrence
of domestic violence in present or which is continuing.
But if the violence is done by any outsiders, then the
proceedings will not be under the Domestic Violence Act,
instead it will be tribal under any other criminal law as
ordered by the Magistrate.

33
The problems of violence on women are arising at a high
note day by day. Be it illiterate women or educated, they
have to face these violence at some point of their life. To
match with this social transformation and growing needs
of the society, the Parliament in 2005 enacted the
Protection of Women from Domestic Violence Act, 2005.
Before the passing of this act, there were certain laws like
Sections 304B27 and 498A (has already been discussed in
Foot Note No. 13) of the Indian Penal Code, Sections
11228 and 113B29 of the Indian Evidence Act, 1872, the
Dowry Prohibition Act, the Hindu Marriage Act, 1955,
Section 12530 of the Code of Criminal Procedure, the
Muslim Women (Protection of Rights on Divorce) Act,
1986, the Immoral Traffic (Prevention) Act, 1956 and many
others.

But none of the above mentioned acts dealt entirely on


the problems of domestic violence. So the need was felt
to materialize something/law which would only look after
the problem of domestic violence, hence this act was
passed. But no amendments were made since its birth
and women are still tortured physically and mentally and
even killed or driven to suicide by their husbands and in-
laws.

The Dowry Prohibition Act, 1961 was amended in 1984,


1985 and 1986. Even Section 498A was introduced in the
Indian Penal Code, but nothing is so far done other than
just enacting the law. It is to be mentioned here that no
provision for protection of the complainant is provided
under the Domestic Violence Act. A woman who has
complained of harassment goes back to those very people

34
against whom she has complained. What security can be
possibly given to such victims who continue to act on her
complain? One cannot predict the future of Protection of
Women from Domestic Violence Act, 2005; its current
workings provide some ideas on rationalizing drafting and
implementation processes. The limitation of this law with
regards to its use in preventing harmful practices is that
it recognizes civil wrongs whereas the gravity of harmful
practices requires a response in criminal law.

35
Secondly, it applies only to practices that are perpetrated
by those in a domestic relationship, whereas, other
entities might be involved in perpetrating harmful
practices. Thus, it can be clearly understood from the
above discussion that, strong voice should be raised to
bring in more clarity and transparency in the act.
Different amendments should be made to make the law
more effective and fruitful for the oppressed victims.
Comprehensive laws on key issues, such as statutory
equality code, a criminal law on violence against women
and a comprehensive legislation to the regulation of
medical practice. Each of the above mentioned laws
should be co-related both in terms of the mode in which
implementation is envisaged and in terms of defining its
ambit. Efforts should also be made to educate women in
adopting the methods which is necessary for the
implementation of the law.

CHAPTER-2

REVIEW OF LITERATURE

36
A parallel shift in the discourse on women in development
has sought to change the perception of women from one
of beneficiaries to one of active participants in
development. This has involved redefining development
to encompass a process that replaces constraints with
choices. A factor clearly responsible for inhibiting the
choices of women in development is domestic violence.
Abuse has been observed to impede the public
participation of women, undermine their economic
efficiency, cause increased health burdens, and impose a
drain on scarce national resources (Heise et al. 1994). For
example, a World Bank study (1993) highlighted the cost
of violencein terms of the health burden, estimating that
rape and domestic violence “account for five perceptive
the healthy years of life lost to women of reproductive
age in demographically developing countries.”

An Inter-American Development Bank study(Morrison and


Orlando1997) indicated that domestic violence resulted in
a loss of US$1.56 billion in Chile (more than 2 per cent of
Chile’s GDP in 1996), when considering only the loss of
women’s wages. Few studies have attempted to calculate
the entire economic cost including the provision of all
services by the state. But a study in New Wales, Australia,
estimated that the overall cost was Aus$1.5 billion a year
(NCVAW 1993). This limited evidence suggests that the
economic implications alone are serious enough to
warrant special attention to violence as a development
priority. A reciprocal concern is whether and how
development efforts can impact violence within the home.
Limited evidence from studies on microcredit lending

37
programs, for example, suggest that improved household
income by women and greater control over that income by
them reduce the level of violence within the home
(Schuler 1998; Kabeer 1998).

It is equally possible, however, that development efforts


can shift and intensify gender dynamics within the
household and exacerbate incidents of violence. To
determine the impact of development interventions on
violence against women requires an analysis of specific
factors and behaviors thought to trigger violence in
individual households (the focus of Leela Visaria’s study
to follow) and the ways in which the gender dynamics of
power within the household as well as the community are
affected by development efforts. Even without unravelling
these complex interconnections, it is clear that violence,
and even the threat of violence, is a crucial factor that
inhibits women’s participation in development and is,
therefore, a central constraint for realizing their full
potential.

Research Issues

The formulation of effective and sustainable intervention


strategies to address domestic violence against women
requires a comprehensive understanding of all
dimensions of the problem. This includes identifying the
victims and perpetrators, the evident risk and protective
factors, the common outcomes of violence, and the real
needs of survivors. Equally important is research to
document the responses implemented so far to identify
gaps in existing strategies and to distil possible lessons

38
for future strategies. Such researchon domestic violence,
however, must first attend to a series of methodological
issues concerning ethics and safety, the determination of
an appropriate mix of research methods, and the
definition of domestic violence.

Definitions of domestic violence can be broad or focused,


amorphous or targeted. The reason that the definition of
violence is important is because it shapes the response.
For example, a community response, whether it be legal
reform or the provision of support services, is shaped by a
particular understanding of what constitutes domestic
violence and whether it is to be conceptualized as an
intra-family conflict, or a criminal violation of rights. The
definition implied by the law is especially critical as it
defines standards and thus impacts broader social
perceptions of the problem. Elements of the definition
that need to be considered then are the boundaries of the
relationship between the perpetrator and the abused, the
norms of acceptable behavior, and the specific acts that
constitute violence. A frequent perception of domestic
violence against women is that it is limited to physical
harm perpetrated on adult women within a marital
relationship.

While this understanding may capture a large universe of


the experience of women, it is predicated on the
assumption that women primarily live in nuclear families.
Across cultures, there are a variety of living
arrangements ranging from joint families to nuclear
families to single parent families. Moreover, women may
be in an established relationship or in the process of

39
separation or divorce. Violence is often not restricted to
the current husband but may extend to boyfriends, former
husbands, and other family members such as parents,
siblings, and in-laws. A definition that acknowledges
these multiple possibilities would lead to interventions
that are more inclusive of the experiences of all women.

Definitions of domestic violence rest upon not only the


nature of the relationship between the perpetratorand
the victim but also upon norms of acceptable behavior.
There is considerable difference of opinion regarding
which behaviours or manifestations should be considered
violent, as well as the level of intensity and frequency
required to label a relationshipas violent. Another
contentious issue is how toevaluate the intent of the act,
why the act was initiated,and whose view should
determine this. For instance,Indian field experience
indicates that significantnumbers of women do not
perceive acts as violenceif they perceive them to be
justified. The social construct surrounding the ideal “good
woman”clearly sets the limits for acceptable norms
beyondwhich verbal and physical assaults translate into a
notion of violence. Thus, wife beating is not seen asan
excessive reaction if the woman gives cause forjealousy
or does not perform her “wifely” duties adequately,such
as having meals ready on time or adequatelycaring for
children. This is further complicatedby a common belief
that violent acts are anexpression of love and merely a
desire to help the subject be a “better” person.

The core of a definition of domestic violence consists of


all the acts that constitute violence. Some definitions are

40
narrow and focus on a specific act of violence and others
are broader and incorporate the full range of acts. In
India, public discourse and the media equate domestic
violence with dowry violence. This incomplete
representation undermines awareness of the widespread,
daily psychological, physical, and sexual abuse women
confront that is often unrelated to dowry. As a result,
newspapers may fail to report the less sensational stories
that do not involve bride-burning and unnatural death.
Indian legislation on marital violence perpetuates this
narrow definition. For example, both Section 498A of the
Indian Penal Code and the Dowry Prohibition Act
emphasize violence within the context of dowry
harassment. However, informal discussions with women
by researchers and activists have underlined the need for
greater study of other factors and characteristics
associated with abuse.

A further critical element in the definition of violence is


whether it is framed as an exclusively interpersonal act or
seen more broadly as an expression of power that
perpetuates the subordination of women. If it is the
former, the definition would only include those acts which
might be seen as crimes and thus focus only on acts
which result in physical evidence. If it is the latter, the
definition of violence would include all acts of “physical,
verbal, visual or sexual abuse that are experienced by
women or girls as threats, invasion or assaults and that
have the effect of hurting her, or degrading her and/or
taking away her ability to control contact (intimate or
otherwise) with another individual” (Koss et al. 1994).
Such a definition

41
more fully captures all the different processes by which
women undergo subordination within intimate relations
and fits more directly into a human rights perspective.

In this research program, the underlying framework for


any of the operational definitions of domestic violence
adopted by specific studies resembles this latter view:
that the process of subordination becomes manifest in a
wide range of violent acts. The definition in each study
attempts to be as broad as possible. For instance, the
study by Leela Visaria has explicitly considered
psychological, emotional, physical, and sexual abuse in
her analysis of forms of abuse. Similarly, both the studies
on responses to violence against women examined herein
explicitly state an operational definition of domestic
violence that includes mental, emotional, and financial
abuse of woman. These acts of intimidation and cruelty
led women or their family members to seek the support of
agencies other than the family.

In 1998 and 1999, the Centre for Women and Law at the
National Law School of India University under-took a
study of court records in the state of Karnataka, India. In
this study, court cases and judgments in-evolving violence
against women from 1987 – 1997 were closely examined.
The research concentrated on cases from the High Court
in Bangalore, the Family Court in Bangalore, one urban
Sessions Court, and one rural Sessions Court (see box
below).

A study of court records provides an opportunity to


analyse the types and outcomes of domestic violence
cases in the judicial system; to learn about how judges

42
and lawyers interpret the law and the dynamics of
domestic violence; and to identify the major obstacles
abused women and their families confront in pursuing
legal redress. Furthermore, an examination of court
records offers insights about the information flow from
institutional systems (such as the police and hospitals) to
the courts. Lastly, such a study explores how detailed and
consistent documentation sheds light on the effectiveness
of existing laws and their implementation, and provides
observations about the patterns and trends of violence
against women.

Court Structure

The major objectives of the investigation were to:

1. Examine all cases connected with domestic violence in


order to understand the trend of court judgments and

43
to identify specific factors that may influence
judgments;
2. Study gaps and filters within the flow of information
from such institutions as police and hospitals to the
judiciary (including a look at records from the time of
filing the initial complaint, the role of police in the
investigation, and the final judgment); and
3. Construct the definition of domestic violence as
operationalized by the judicial system.

The methodology was a two-step process of establishing


the universe of cases for each of the four courts studied
and then selecting a sampling for detailed examination.
The researchers searched first for cases that gave any
indication of being within the scope of domestic violence,
for example, divorce, maintenance, and physical and
psychological abuse. The study included cases covered by
the Indian Penal Code in Sections 319-322 (injury and
grievous in-jury), 324 and 325 (use of a dangerous
weapon), 327 (causing injury to extort property), 339 and
340 (wrongful restraint and wrongful confinement), 351
(assault), and 498a (cruelty and dowry demand). From
this broad sweep of possible cases, the researchers
identified landmark cases that illustrated the
interpretation of domestic violence in the courts and the
trend of judgments. Five landmark cases from each of the
courts were analyzed in detail.

Difficulties Accessing Records

A factor in both the process and outcome of this re-search


was the difficulty of accessing court records, which has
significance for future attempts to study and monitor the

44
judiciary’s treatment of domestic violence. The
researchers encountered a great deal of bureaucracy in
obtaining permission to look at the records. This process
was so prohibitive and time-consuming for the High Court
that the researchers instead decided to study only the
published judgments.

In addition, the staff members who monitor the records


were extremely uncooperative and the sheer number of
records made the research difficult. In both the rural and
urban Sessions Courts, the records room staff declined
free access to the researchers. Further, the lack of
organization and systematic classification of these
records made the selection of records by staff fairly
haphazard. Lastly, due to the confidentiality rules of the
records office in each court, the researchers were only
allowed to take notes on records rather than
photocopying them.

45
Sample Size

Despite these constraints, the 117 cases gathered offer


valuable information and insights about the four courts’
treatment of domestic violence, and provide ideas for
future research and questions.

Given that access to High Court records was not forth-


coming, the researchers scanned three separate law
journals in order to review the High Court’s decisions:
Karnataka Law Journal, All India Reporter (Karnataka
edition), and Karnataka Law Cases. Few cases reach the
High Court, and over the entire decade, a total of only 22

46
cases relating to domestic violence were found.
Subsequently, all 22 cases were examined to the depth
possible with published material.

Because of the higher volume of cases in the two Sessions


Courts and the Family Court, the researchers hoped that a
larger number of cases could be accessed to identify the
landmark cases. For example, the Family Court in
Bangalore sees more than 1,000 cases per year. In the
urban Sessions Courts dealing with atrocities against
women, an even higher vol-ume of cases is processed – in
this court there were 891 cases in January 1999 alone.
However, due to the constraints mentioned earlier, the
researchers could only access 13 and 11 cases for the
rural and urban Sessions Courts, respectively.

As the Family Court cases were more numerous and the


records room staff more accessible, the researchers
decided to analyse five cases from each year between
1987 and 1997 and ten cases from 1986, for a total of 71
cases. The records from each year were randomly
selected by the staff of the records office. One caveat is
that because of the lengthiness of court proceedings,
those selected from the last two years must have passed
through the courts quickly, and may not actually be
representative of most cases from that period.

Five landmark cases were identified for each court. These


cases were selected on the basis of which had the

47
greatest bearing on the interpretation of domestic
violence.

Analysis

An overwhelming observation from the analysis of the


cases was the low number of convictions. In those that
did have convictions, it was often on charges for which
the violence was supporting evidence and not for the
abuse itself. The courts did vary in their judgements; the
High Court was the most favourable to women seeking
legal redress, compared to the rural and urban Sessions
Courts, which had a negligible number of convictions. A
closer analysis of the cases from these four courts
revealed a number of stumbling blocks to prosecution and
resolution of domes-tic violence cases.

Stumbling Blocks

The barriers or stumbling blocks to prosecution in these


cases ranged from types of proof to the opinion of the
court concerning what defines criminal acts of violence. In
some of the cases examined, no resolution was arrived at
because the parties abandoned the case. The lengthiness
of the court proceedings (up to several years) may be a
factor in this. In other cases, there was not enough
information in the records to determine why the
defendants were ac-quitted. And in still other cases,
several of the women had been driven to commit suicide.
In general, barriers to the successful prosecution and

48
resolution of domestic violence cases may be categorized
as:

1. Proof of violence: A major constraining factor emerging


from the study was the difficulty prosecutors encountered
in providing the types of proof of domestic violence
required by the court. Since violence often takes place in
private, it is often the woman’s word against the man’s. A
second issue of proof is missing documentation. This
includes not only missing documentation of physical
injuries, or amount of dowry given at the time of
marriage, but even marriage certificates to prove that the
couple was married. Another significant problem is
inadmissible evidence. Evidence may be deemed
inadmissible due to lapses in protocol or variations in
statements. Men’s confessions often become inadmissible
because the police did not strictly adhere to protocol.
Failure to properly record a woman’s dying declaration is
unfortunately a common loophole by which perpetrators
go free. For example, in one case heard by the High Court,
there was a variation in the dying statement of a woman
who had been burned. She told the duty doctor that it
was accidental, but later told the magistrate that her
husband had burned her. In this case, the court ruled that
the later statement could not be used as the doctor had
not signed it directly to certify that the woman was fit to
give the deposition, but had given his certificate
separately.

49
2. Time-barred complaints: Another stumbling block,
which highlights the inefficiency and resulting
ineffectiveness of the judicial and law enforcement sys-
teems, is the fact that many complaints do not get
investigated or filed within the required time period. Such
cases must then be dropped. For example, in a case
brought to the High Court, a woman sustained burns and
died. Due to her dying declaration, her husband was
being investigated. Though a charge sheet was filed, the
police report to the magistrate was dated more than one
year after her death and was then considered
inadmissible. In another case before the rural Sessions
Court, the judge pointed to the fact that when the report
of suicide was made the woman’s parents did not mention
dowry harassment at the first point of inquiry and had no
proof that dowry was given. He ruled that the delay in
filing the complaint as well as not confiding about the
harassment to others during the marriage early on proved
fatal to the case.

3. Compromise agreements:Sometimes cases are not


prosecuted because both sides have dropped their
charges in favour of a compromise agreement. This is
another situation in which the cost and lengthiness of
court procedures, as well as a woman’s need to remove
herself from immediate danger, may prevent the judicial
system from being effective. In other cases, charges of
domestic violence may be dropped because what the
woman is really seeking is a divorce to end the violence
that she faces from her husband and in-laws, and the
divorce is granted. Though the woman has gained a

50
separation from an abusive situation, her spouse was not
held account-able for his criminal conduct.

4. Vague definitions of cruelty: While Section 498A of the


Indian Penal Code makes “cruelty” a punishable,
cognizable offense in the Indian Penal Code, “cruelty” is a
vague term and courts are often reluctant to define it.
The judicial system’s definition of mental cruelty and
trauma is especially unclear and even judges who are
sensitized to the issue of domestic violence may find
themselves constrained in the types of rulings they can
make. The lack of clarity leaves room for inconsistency
among judgments, particularly as a large segment of the
judiciary is not yet fully sensitized to the dynamics and
dimensions of domestic violence. Thus, in some cases,
psychological abuse and mental “torture” may be
recognized and punished, while, in others, it is ignored.

5. Violence as a subsidiary issue: Another stumbling block


to effective prosecution of domestic violence is that the
abuse often becomes a subsidiary issue in the case. This
is particularly true for High Court and Family Court cases.
Even if a case involves domestic violence, the court will
focus on specific acts of dowry harassment or the act of a
husband taking a second wife. Though evidence of
lifelong physical and psychological violence may be
present, this will be viewed as support for other
arguments rather than an important issue in and of itself.
A case will be considered “resolved” if the other
components are addressed; as mentioned earlier, it is

51
sometimesthe feeling of the court that if a divorce is
granted, there is no need to follow-up on the charges of
domestic violence.

In the end, Studies of court records can provide insights


into the effectiveness of the court system, the
characteristics of domestic violence cases that make their
way into the courts, and the attitudes of judges, lawyers,
and police officers. This investigation highlights the need
for better documentation of court cases. In many of the
records, it is difficult to discern the reasoning behind the
judgments and, since many of the cases ended in
acquittals, why the vast majority of husbands charged
with domestic violence are not convicted. More
systematic and thorough records are needed for
reformers to understand what happens in each case and
why so many cases are dropped, end in compromise, or in
non-conviction.

Another issue that emerged from the research is that


there are several areas of ideological debate. These
include ideas about “cruelty” and “evidence.” The
wording of S. 498A is vague, with no consistent definition
of cruelty and, hence, of domestic violence. Abuse often
becomes a subsidiary issue in cases, while more easily
measurable and provable charges like bigamy take the
forefront.

Successful cases can shed light on the types of evidence,


crime, and procedural regularities necessary for a
conviction on domestic violence. Researchers in this study
gained insight into prosecutors’ and judges’ perspectives
and, as a result, were able to pinpoint areas that could
ensure greater effectiveness and accountability.

52
a) From the High Court - A woman filed for maintenance
and separate residence under S. 18(2), alleging that her
husband ill-treated her and that she was subjected to
cruel treatment for no valid cause or justification. She
also submitted that her husband drove her out and had
taken a second wife. In this case, the main issue was the
right to live separately and claim maintenance. The
violence was not proven, but the Court held that
subjecting a woman to the indignity of living with the
husband’s other woman (concubine) was mental cruelty.
In this case, it was much easier to “prove” that the
husband had taken a second wife than to “prove” abuse.

b) From the urban/Sessions Court - A woman was beaten


to death by her husband after 14 years of marriage. After
the first seven years of marriage, they had filed for
divorce, but eventually the divorce proceedings were
dropped and they started living together again. The
husband was sentenced to life imprisonment under S. 302
and seven years under S.201. This case is interesting in
that there was no supplementary evidence of dowry
harassment or adultery. The explanation for the court’s
decision is not detailed in the records. Of the five cases
studied in detail from the rural Sessions Courts, none
were successful in producing a conviction on charges of
violence.

Evidence also becomes a constraining factor in many


cases. The number of cases that were not able to move
forward because of lack of evidence or inadmissible
evidence points out two problem areas that keep
domestic violence from being prosecuted un-der the law:
the ineffectiveness, inaccessibility, and tardiness of both

53
law enforcement officers and health care practitioners;
and the mismatch between the guidelines for proving
domestic violence (i.e. having witnesses) and the private
and often “invisible” nature of intimate abuse.

Based on the analysis of the court cases, the researchers


feel that the following actions are necessary for domestic
violence cases to be more fully investigated and
prosecuted:

 Improve responsiveness of the police: Many domestic


violence cases are not properly prosecuted because of
errors in police investigation or unnecessary time
delays. Efforts must continue to make the police
accessible and sensitive to women reporting domestic
violence. If women feel comfortable seeking help from
the police and if ensuing investigations are carried out
properly, the power of the judicial system to address
domestic violence in the courts would be greatly
strengthened.
 Institutionalize clearer and more thorough protocols
for record keeping: Consistent documentation is
essential for transparency and monitoring of trends.
Detailed records can aid in under-standing how judges
make their decisions, and can help identify the
obstacles that often prevent women who are
experiencing abuse from success-fully prosecuting
their case. A better database of information also could
be useful in analysing the patterns and characteristics
of domestic violence cases brought to court.
 Make the judicial system more accessible: Currently,
the enormous backlog of cases and resulting time

54
delay make the courts a less accessible place for
women experiencing violence to seek justice, as they
may need immediate safety. Efforts to create special
women’s and family courts should continue, as well as
attempts to accelerate the judicial process.
 Regularly monitor court actions and publicize
outcomes of cases: Advocates working for the
elimination of domestic violence should regularly
monitor the performance of the courts to under-stand
decision-making trends and to identify strategies for
supporting domestic violence cases through the legal
system. Furthermore, publicizing domestic violence
court cases will help to in-crease public awareness
about the issue. While there has been increased
coverage of dowry deaths and burnings in the
newspapers, the public rarely learns about the
outcome of prosecutions. Publicizing cases is a way
not only to educate the public, but also to increase the
recognition of the challenges that women face in the
court system, and to mobilize different constituencies
to push for change.
 Re-think and elaborate upon definitions of “cruelty” in
Section 498A: The vagueness of the term “cruelty” in
Section 498A often creates difficulties for judges when
making rulings. In most cases, actions pertaining to
dowry and adultery were considered “cruel”; what was
under constant contention, however, was whether
other types of domes-tic violence could be defined as
cruelty. A greater elaboration of “cruelty” and the
definition of domestic violence, as well as greater
consensus and consistency about these terms among
judges, would help make the judicial system more
effective in addressing abuse.

55
 Examine and reform types of evidence needed for
domestic violence cases: Because of the of-ten private
nature of domestic violence, or the strategy by which
batterers injure their wives where no one else can see,
the types of evidence demanded should be rethought.
Many domestic violence cases are unsuccessful
because the women cannot provide the numerous and
detailed types of evidence required.

CHAPTER-3

RESEARCH METHODOLOGY

Research in common parlance refers to a search for


knowledge. One can also define research as a scientific
and systematic search for pertinent information on a
specific topic. In fact, research is an art of scientific
investigation. Dictionary definition of research is careful
investigation of inquiry especially through search for new
facts in any branch of knowledge. Some people consider
research as a movement from the known to the unknown.
It is actually a voyage of discovery. We all possess the
vital instinct of inquisitiveness. When the unknown
confronts us, more and more our inquisitiveness makes us
probe and attain understanding of the known. This

56
inquisitiveness is the mother of all knowledge and the
method, which one employs for obtaining the knowledge
of whatever the unknown, can be termed as research.

Objectives of Research

The purpose of research is to discover answers to


questions through the application of scientific procedures.
The main aim of research is to find out the truth which is
hidden and which has not been discovered as yet. Though
each research study has its own specific purpose, we may
think of research objectives as falling into a number of
following broad groupings:

1. To gain familiarity with a phenomenon or to achieve


new insights into it (studies with this object in view is
termed as exploratory or formulativeresearch studies)

2. To portray accurately the characteristics of a


particular individual, situation or a group
(Studies with this object in view are known as
descriptiveresearch studies)

3. To determine the frequency with which something


occurs or with which it is associated with something
else (studies with this object in view are known as
diagnostic research studies)

4. To test a hypothesis of a causal relationship between


variables (such studies are known as hypothesis-
testing research studies).

57
Research Process

Research process comprises a series of steps or actions


required for effectively conducting research and for the
sequencing of these steps. The following are the various
steps that provide useful procedural guideline regarding
the conduct research.

1. formulating the research problems


2. extensive literature survey
3. developing hypothesis
4. preparing the research design
5. determining the sample design
6. collecting data
7. execution of the project
8. analysis of data
9. hypothesis testing
10. generalisation and interpretation
11. preparation of the report or presentation of the
results

Objectives of Social Research

The major objectives of social research are listed as


follows:-

a) The aim of social research is to discover new facts and


verifying or testing old facts.
b) It tries to understand the human behavior and its
interaction with the environment.
c) It tries to find out the casual connection between
human activities and natural laws governing them.

Functions of Social Research


58
The important functions of social science research are
discussed below:

a) Discovery of facts and their interpretation

Social research provides answer to questions of what,


when, how and why of man, social life and institutions.
Discover of facts and their inter relationship help us to
discard distortions and contribute to our understanding of
social reality.

b) Diagnosis of problems and their analysis

Our society has innumerable problems such as poverty,


unemployment, economic inequality, social tension etc.
The nature and dimensions of such problems have to be
diagnosed and analysed. An analysis of problems leads to
an identification of appropriate remedial actions.

c) Systematization of knowledge

The facts discovered through research are systematized


and the body of knowledge is developed. It contributes to
the growth of theory building.

d) Control over social phenomena

Research in social science provides first-hand information


about the nature of social institutions. This knowledge
helps us to control over the social phenomena.

e) Prediction

Social research aims at finding an order among social fact


and their casual relations. This affords a sound basis for
prediction in several cases.

f) Development planning

59
Systematic research can give us the required data base
for planning and designing developmental schemes and
programmes.

g) Social welfare

Social research can identify the causes of social evils and


problems. It can thus help in taking appropriate remedial
actions. It also provides guideline for social welfare.

Social Work Research: Definition

Social work research may be defined as systematic


investigation into the problems in the field of social work.
The study of concepts, principles, theories underlying
social work methods and skills are the major areas of
social work research. It involves the study of the
relationship of social workers with their clients;
individuals, groups or communities on various levels of
interaction or therapy as well as their natural
relationships and functioning within the organisational
structure of social agencies.

While on the theoretical side, social work research re-


examines the special body of knowledge; concepts and
theories, whereas in the area of social work practice it
tries to evolve a systematic theory and valid concepts, to
know the efficacy of different methods/interventions of
social work as to search for alternate/innovative
interventions and treatments.

According to Professor Brij Mohan, social work research


“as an organised scientific endeavour” is an established
professional activity towards building up a general theory

60
of human behaviour and social functioning involving a
coherent system of intervention.

Need of the Study

 In order to the survey and assess responses in their


various forms, domestic violence was first defined
broadly to comprise those acts of intimidation and
cruelty such as mental, emotional, financial, and physical
abuse of a woman, which may make a woman or her
family members seek the support of agencies outside of
the family .
 Domestic violence is the most prevalent yet relatively
hidden and ignored form of violence against women and
girls. This study will bring out the closet datein front of
people.

 The value of differentiating among types of domestic


violence is that appropriate screeninginstruments and
processes can be developed that more accurately
describe the centraldynamics of the partner violence, the
context, and the consequences.

Objective of the Present Study

 To prepare the profile of respondents.


 To bring out the types of violence done to a female
from age 18- 40, and the most common violence.
 Forms and Reasons of abuse.
 Long term effects of domestic violence
 Nature of assistance sought by the women.

61
Research Design

A research design provides a framework for the collection


and analysis of data. This framework references three
dimensions:

 the scale of data collection (includes defining units and


spatial limits)
 the use of time order
 the use of inter-group comparisons or the comparative
dimension.

A research design includes the process and methods used


to carry out scientific research. The design defines the
type of study (descriptive, correlational, experimental
etc.) and sub-type (e.g. descriptive longitudinal, case
study), research question, hypothesis, independent and
dependent variables, experimental design, and, if
relevant, data collection methods and a statistical
analysis plan.

The word “research design” describes the way an


investigator puts a research together to solve a question
or a list of questions. It works as an organised plan
detailing the study, the researcher’s ways of collection,
information on how the study will get to its conclusions
and the limitations of the research. Design is not
restricted to a specific type of research and may include
both quantitative and qualitative analysis. The
fundamental parameters of a research project, such as
factors like its primary approach (qualitative, quantitative
or some combination); the sample or target to be
questioned or observed; number of interviews or
observations; research locations questionnaire or
discussion outline; tasks and materials to be presented;

62
and so on, guides the researcher in the process of
collecting, analysing, and interpreting observations. It is a
logical model of proof that enables the investigator to
draw inferences concerning causal relations among the
variables being investigated. Design in basic terms could
be defined as the scheme of work to be done or carried
out by a researcher throughout the various stages of a
research project. It is the strategic plan for a project or
research programme, detailing the broad outline and
important features of the work to be performed, for
example the methods of data collection and analysis to be
used, and showing the way the research strategy deals
with the specific aims and objectives of the study, and
whether the research issues are theoretical or policy-
oriented.

Types of Research Design

On the basis of research purpose, research studies may


broadly be categorized into four types:

i. Exploratory or Formulative Design


ii. Descriptive Design
iii. Diagnostic Design
iv. Experimental Design.

The nature of each of these designs is explained below.

(i) Exploratory or Formulative Design: The main purpose


of exploratory study is to gather information which will
help in future for formulation of a precise research
problem. On the basis of the collected facts the
researcher may be able to formulate sound hypotheses
for further research. It may also enable the researcher

63
to get himself acquainted with the phenomena which
he expects to investigate at a later stage. The aim of
an exploratory or formulative study may be
clarification of concepts, establishing priorities for
future research and collection of data about the actual
conditions which affect an intended research.
The essentials for exploratory or formulative design are:
a) Review of pertinent literature
b) Experience Survey
c) Analysis of Insight Stimulating
cases.

(ii) Descriptive Research Design: The purpose of


descriptive type of design is to describe some event,
situation, people, group or community or some
phenomena. Fundamentally, it is a fact finding
exercise which focuses on relatively far dimensions of
a well-defined entity, aiming at precise and systematic
measurement of some dimensions of a phenomenon.
Usually, a descriptive design involves detailed
numerical descriptions, such as distribution of the
population of a community by age, sex, caste or
education. The researcher may also take recourse to
descriptive design for estimating the proportion of
people in a particular geographical locality in respect
of their specific views or attitudes. However, the
procedure followed in descriptive design is broadly
analogous, notwithstanding the differences evinced in
their field, formulation of hypotheses, objectives, for
treatment of the problem and in matters of field
expansion.

(iii) Diagnostic Research Design: Being concerned


with the express characteristics and existing social
problems, the diagnostic research design endeavours

64
to find out relationship between express causes and
also suggests ways and means for the solution. Thus,
the diagnostic studies are concerned with discovering
and testing whether certain variables are associated.
Such studies may also aim at determining the
frequency with which something occurs or the ways in
which a phenomenon is associated with some other
factors.
Diagnostic studies are mostly motivated by hypotheses. A
primary description of a problem serves the basis so as to
relate the hypotheses with the source of the problem and
only those data which form and corroborate the
hypotheses are collected. As regards the objectives of
diagnostic research design, it is based on such knowledge
which can also be motivated or put into practice in the
solution of the problem. Therefore, it is obvious that the
diagnostic design is concerned with both the case as well
as the treatment.
Diagnostic studies seek immediate to timely solution of
the causal elements. The researcher, before going
through other references, endeavours to remove and
solve the factors and the causes responsible for giving
rise to the problem.

(iv) Experimental Design: The concept of


experimental design in sociological research refers to
systematic study of human relations by making the
observations under conditions of control. In the words
of Jahoda and Cook, 'an experiment maybe considered
as a way of organizing the collection of evidence so as
to permit one to make inference about the tenability of
a hypothesis. According to Chapin, "experiment is
simply observation under controlled conditions. When
observation alone fails to disclose the factors that

65
operate in a given problem, it is necessary for the
scientist to resort to experiment."

In real terms, experimentation is resorted to when it is


not possible to solve the problem through observation
and general knowledge. The core of the experimental
method lies in drawing inferences by observation of
human relations under controlled conditions. Since a
number of factors are in operation in every complex social
situation, the social scientist, while seeking to describe
the single causal relation of factor A to factor B, must
attempt to create an artificial situation wherein all other
factors, such as C, D, E etc., are controlled. Such a state is
achieve4 by selecting two groups which are equal in all
significant receipts and choosing either of the groups as
'experimental group, and the other as the 'control group',
and thereafter exposing the 'experimental group' to the
assumed causal variable, while keeping the 'control'
group under control. After a specific time period, the two
groups are compared in terms of the 'assumed effect'. The
assumed causal variable and the assumed effect are
otherwise called the independent variable and dependent
variable respectively. Required evidence for testing
causal relations among variables, already stated in the
form of a hypothesis, is generated by the above method
of experiment.

Research Design for this Study:In the present research


work, descriptive research designhas been used by the
researcher to complete her research work.

66
Universe

The population or universe represents the entire group of


units which is the focus of the study. Thus, the population
could consist of all the persons in the country, or those in
a particular geographical location, or a special ethnic or
economic group, depending on the purpose and coverage
of the study. A population could also consist on non-
human units such as farms, houses or business
establishments.

Sampling

Sampling may be defined as the selection of some part of


an aggregate or totality on the basis of which a
judgement or inference about the aggregate or totality is
made. In other words it is the process of obtaining
information about an entire population by examining only
a part of it. In most of the research work and surveys the
usual approach happens to be make generalization or to
draw inferences based on samples about the parameters
of population from which the population are taken. So we
can now define a sample is any number of persons, units
or objects selected to represent the population according
to some rule or plan. The census method is the
enumeration of all the numbers or units of the population
to get the idea of the population whereas sampling is the
method of selecting a fraction of the population in such a
way that it represents the whole population.

According to Bogardus “Sampling is the selection of


certain percentage of a group of items according to a pre-
determined plan”.

67
For the purpose of determining population characteristic,
instead of enumerating entire population, the individuals
in the sample only are observed. Then the sample
characteristics are utilized to approximately determine or
estimate the population. In other words, when a small
group is taken into account as representative of the
whole, is called sampling.

Sampling is used in practice for a variety of reasons such


as:

i. Sampling is cheaper than census method. It is


economical too.
ii. As the magnitude of operations is small in case of
sampling, so data collection and analysis can be
carried out accurately and efficiently.
iii. Sampling is the only way when the population is as
large as the population of a country.
iv. Sampling enables the researcher to make a precise
estimate of the standard error which helps in
obtaining information concerning some characteristic
of the population.

According to Rosander, “The sample has many


advantages over a census or complete enumeration. If
carefully designed, the sample is not only considerably
cheaper, but may give results which are just accurate and
sometimes more accurate than those of a census. Hence a
carefully designed sample may actually be better than a
poorly planned and executed census.

Merits

68
1. It saves time: Sampling method of data
collection saves time because fewer items
are collected and processed. When the
results are urgently required, this method is
very helpful.
2. It reduces cost: Since only few and selected
items are studied in sampling, so there is
reduction in cost of money and reduction in
terms of man hours.
3. More reliable results can be obtained:
Through sampling more reliable results can
be obtained because there are fewer
chances of sampling statistical errors. If
there is sampling error, it possible to
estimate and control the results. \Highly
experienced and trained persons can be
employed for scientific processing and
analysing of relatively limited data and they
can use their high technical knowledge and
get more accurate and reliable results.
4. It provides more detailed information: As it
saves time, money and labour, more detail
information can be collected in a sample
survey.
5. Sometimes only method to depend upon:
Sometimes it so happens that one has to
depend upon sampling method alone
because if the population under study is
finite, sampling method is the only method
to be used. For example, if some ones blood
has to be examined, it will become fatal to
take all the blood out from the body and
study depending upon the total
enumeration method.

69
6. Administrative convenience: The
organisation and administration of sample
survey are easy for the same time, money
and labour reasons which have been
discussed earlier.
7. More scientific: Since the methods used to
collect data are based on scientific theory
and results obtained can be tested,
sampling is more scientific method to
collect data.

Types of Sampling

There are two main sampling techniques:

(i) Probability sampling


(ii) Non-Probability sampling

(i) Probability Sampling: It refers to the possibility that


each object in the target population could be selected
and usually the chance of selecting one object is equal
to the chance of selecting any other object. This
method is usually used with surveys and
generalizations about the population are obtained
from the sample. Probability sampling has four
important elements. First, the sampling frame which
refers to the population under investigation. Second,
to decide on an appropriate sample size, the larger the
sample the more accurate are the generations about
the population. Third, high response rate is important
because the higher the response rate more
representative the sample is of the population. Fourth,
select the best sampling technique for the study.

70
Types of Probability Sampling design are as follows:
a) Simple Random Sampling
b) Stratified Sampling
c) Systematic sampling
d) Cluster Sampling

a) Simple Random Sampling: Simple random sampling


is a probability sampling procedure that gives
every element in the target population, and each
possible sample of a given size, an equal chance of
being selected. As such, it is an equal probability
selection method (EPSEM).

b) Stratified Sampling: Stratified sampling is a


probability sampling procedure in which the target
population is first separated into mutually
exclusive, homogeneous segments (strata), and
then a simple random sample is selected from each
segment (stratum). The samples selected from the
various strata are then combined into a single
sample. This sampling procedure is sometimes
referred to as “quota random sampling.”

c) Systematic Sampling: Systematic sampling (or


interval random sampling) is a probability sampling
procedure in which a random selection is made of
the first element for the sample, and then
subsequent elements are selected using a fixed or
systematic interval until the desired sample size is
reached. The random start distinguishes this
sampling procedure from its nonprobability
counterpart, nonprobability systematic sampling
(discussed above). In some instances, a sampling
frame is not used. The target population need not
be numbered and a sampling frame compiled if
there is physical presentation such as a continuous

71
flow of population elements at specific locations.
For example, after a random start, one may
systematically select every ith patient visiting an
emergency room in a hospital, store customers
standing in line, or records in file drawers.

d) Cluster Sampling: Cluster sampling is a probability


sampling procedure in which elements of the
population are randomly selected in naturally
occurring groupings (clusters). In the context of
cluster sampling, a “cluster” is an aggregate or
intact grouping of population elements. Element
sampling is the selection of population elements
individually, one at a time. On the other hand,
cluster sampling involves the selection of
population elements not individually, but in
aggregates. The sampling units or clusters may be
space based, such as naturally occurring
geographical or physical units (e.g., states,
counties, census tracts, blocks, or buildings);
organization-based, such as such units as school
districts, schools, grade levels, or classes; or
telephone based, such as area codes or exchanges
of telephone numbers.

(ii) Non-probability Sampling: Non-probability


sampling designs do not follow the theory of
probability in the choice of elements from the
sampling population. Non-probability sampling designs
are used when the number of elements in a population
is either unknown or cannot be individually identified.
In such situations the selection of elements is
dependent upon other considerations. There are five
commonly used non-random designs, each based on a

72
different consideration, which are commonly used in
both qualitative and quantitative research. These are:

a) quota sampling
b) accidental or convenience sampling
c) judgemental sampling or purposive sampling

a) Quota Sampling: Quota sampling has some similarities


to stratified sampling. The basic idea of quota sampling
is to set a target number of completed interviews with
specific subgroups of the population of interest. Ideally,
the target size of the subgroups is based on known
information about the target population (such as census
data). The sampling procedure then proceeds using a
non-random selection mechanism until the desired
number of completed interviews is obtained for each
subgroup.
b) Convenience Sampling: Convenience sampling differs
from purposive sampling in that expert judgment is not
used to select a representative sample of elements.
Rather, the primary selection criterion relates to the
ease of obtaining a sample. Ease of obtaining the
sample relates to the cost of locating elements of the
population, the geographic distribution of the sample,
and obtaining the interview data from the selected
elements. Examples of convenience samples include
mall intercept interviewing, unsystematically recruiting
individuals to participate in the study.
c) Purposive Sampling: Purposive sampling is also referred
to as judgmental sampling or expert sampling. The main
objective of purposive sampling is to produce a sample
that can be considered ‘‘representative’’ of the
population. The term representative has many different
meanings, along the lines of the sample having the
same distribution of the population on some key

73
demographic characteristic, but it does not seem to
have any agreed-upon statistical meaning. The selection
of a purposive sample is often accomplished by applying
expert knowledge of the population to select in a non-
random manner a sample of elements that represents a
cross-section of the population. For example, one might
select a sample of small businesses in the United States
that represent a cross-section of small businesses in the
nation.

Sampling Technique for this study :In the present


study,purposive non-probability sampling has been
adopted by the researcher to select the respondents.

Data Collection

Data collection is the process of gathering and measuring


information on variables of interest, in an established
systematic fashion that enables one to answer stated
research questions, test hypotheses, and evaluate
outcomes. The data collection component of research is
common to all fields of study including physical and social
sciences, humanities, business, etc. While methods vary
by discipline, the emphasis on ensuring accurate and
honest collection remains the same.

Data collection is one of the most important stages in


conducting a research. You can have the best research
design in the world but if you cannot collect the required
data you will be not be able to complete your project.
Data collection is a very demanding job which needs

74
thorough planning, hard work, patience, perseverance
and more to be able to complete the task successfully.
Data collection starts with determining what kind of data
required followed by the selection of a sample from a
certain population. After that, you need to use a certain
instrument to collect the data from the selected sample.

Types of data

Data can be divided into two types, namely

1- Quantitative

2- Qualitative

Quantitative data is numerical in nature and can be


mathematically computed. Quantitative data measure
uses different scales, which can be classified as nominal
scale, ordinal scale, interval scale and ratio scale.
Nominal scale is used to categorize items into different
group, for example male and female, different
examination grades, different races in a country, different
types of companies, different shoe sizes and so on. The
statistics that is used to analyse this type of data is
mode. The second measure for quantitative data is the
ordinal scale which other than providing information as
the nominal scale does also permit ranking of the data.
For example, shoe sizes can be ranked from big too small.
A typical ordinal in ranking a set of data is poor,
satisfactory, good, very god, excellent. On the other hand,
an interval scale not only rank order of a set of data, it
also measures the order in units of equal intervals.

75
However, the starting point for the measurement is
arbitrary rather than absolute. For example, Celsius in
temperature measurement is an interval scale because
0o C is an arbitrary value, it is not absolute zero, it does
not mean temperature is lacking at that point. For
absolute quantities, we have to use the ratio scale. For
example, measuring temperature in Kelvin is a ratio scale
as it starts the measurement at absolute zero, which is
about -273o Celsius.

Qualitative data are mostly non-numerical and usually


descriptive or nominal in nature. This means the data
collected are in the form of words and sentences.

Sources of Data Collection

Generally we can collect data from two sources, primary


sources and secondary sources. Data collected from
primary sources are known as primary data and data
collected from secondary sources are called secondary
data.

Primary data are also known as raw data. Data are


collected from the original source in a controlled or an
uncontrolled environment. Example of a controlled
environment is experimental research where certain
variables are being controlled by the researcher. On the
other hand, data collected through observation or
questionnaire survey in a natural setting are examples
data obtained in an uncontrolled environment. Secondary
data are data obtained from secondary sources such as

76
reports, books, journals, documents, magazines, the web
and more.

Sources of Data Collection in this study:Primary data


which is Qualitative in nature.

Data Collection Methods

There are many methods to collect data, depending on


our research design and the methodologies employed.
Some of the common methods are:

(i) Questionnaires

(ii) Interview

(iii) Observation.

(i) Questionnaires

A questionnaire is a research instrument consisting of a


series of questions and other prompts for the purpose of
gathering information from respondents. Although they
are often designed for statistical analysis of the
responses, this is not always the case. The questionnaire
was invented by Sir Francis Galton. Questionnaires are
widely used for both quantitative and qualitative
research.

When we are designing a questionnaire, we have to pay


attention to the following issues:

 Are the instructions clear and unambiguous?

77
 Can the questions be understood; are they free from
jargon, esoteric terminology, unsuitable assumptions
and ambiguity?

 Are the respondents possessed the requisite


information and knowledge to answer the questions?

 Is the wording of questions appeared offensive and


embarrassing to the respondents?

 Is the wording of questions lead to bias through


leading the respondent to particular answers?

Questionnaire can be administered by post, face to face


distribution of the questionnaires or by interviewing the
respondents. If you are conducting questionnaire survey
by interview, you have to keep interviewer bias to the
minimum by following certain rules such as

 Record exactly what the respondent answers

 Do not answer on behalf of the respondent

 Read the questions clearly and slowly.

 Do not show approval or disapproval of any answer

(ii) Interview

An informal interview is essentially modelled on a


conversation, so it is a social event involving two or more
participants. The internet is a new, easy and cheap tool
for conducting interviews, and also allows for several

78
interviews to take place simultaneously. Another method
is the focus group, which allows for interviewing groups
together and observing the interaction between them as
well.

In an interview one is forced to ask sensitive questions


about age, sex, marital status and educational level. The
book offers some suggestions on how to phrase these
questions without shocking: asking someone what age or
how long ago they left school, or when they are due to
retire instead of how old they are; giving someone a
selection of ethnic origins to choose from or making your
own assumptions instead of asking them straight out etc.

(iii) Observation

Observation is a process of recording the behaviour


patterns of people, objects, and occurrences without
questioning or communicating with them. Observation
can take the place in a laboratory setting or in a natural
setting. Generally there are two ways to conduct
observation, namely non-participative observation and
participative observation.

The researcher in non-participative observation does not


involve in the activities of the people being observed. He
or she merely record whatever happens among the
people, including their actions and their behaviour, and
anything worth recording. On the one hand, the
researcher in a participative observation involves fully
with the people being observed, with the objective of
trying to understand the values, motives and practices of
those being researched.

79
Data Collection Method for this Study : In the present
research work, Interview Schedule has been selected by
the researcher to conduct her study.

CHAPTER-4

PROFILE OF RESPONDENTS

80
In social sciences research personnel characteristics of
respondents have very significant role to play in
expressing and giving the responses about the problem,
keeping this in mind, in this study a set of personal
characteristics namely, age, education, family
background, etc. of the 50 respondents have been
examined and presented in this chapter.

Age

Age of the respondents is one of the most important


characteristics in understanding their views about the
particular problems; by and large age indicates level of
maturity of individuals in that sense age becomes more
important to examine the response.

Table4.1: Age Distribution of Respondents

Age Group No. of Percenta


(years) Respondents ge
18-25 21 42%
25-30 16 32%
30-35 8 16%
35+ 5 10%
Total 50 100%

81
AGE DISTRIBUTION

10% 18-25
25-30
16%
42% 30-35
35+

32%

It is evident from Table4.1 that majority of


respondents(42%) belong to the age group 18-25 years,
32% respondents belong to the age group 25-30 years,
16% respondents belongs to the age group 30-35 years
and the remaining(10%) belongs to the age group 35+
years.

Caste

Caste is a form of social stratification which historically


separated communities into thousands
of endogamous hereditary groups called jatis. Usually the
term is created by the English as " Castes”. The origin of
the word caste found differently. Some says that the
‘caste’ meaning lineage whereas some says that the term
caste was derived from the Spanish word ‘casta’ meaning
breed or race.

82
Table 4.2: Caste of Respondents

No. Of Percenta
Caste
Respondents ge (%)
Schedule
13 26%
d
Lower 10 20%
High 22 44%
Muslim 5 10%
Total 50 100

CASTE DETERMINATION

10% Scheduled
26%
Lower
High
Muslim
44%
20%

The above table clearly shows that a majority (46%) of


respondents belongs to Sc/St category, 30 per cent of
them belong to General category and 24 per cent belongs
to OBC.

Education

Education is one of the most important characteristics


that might affect the person’s attitudes and the way of

83
looking and understanding any particular social
phenomena. In a way, the response of an individual is
likely to be determined by his educational status and
therefore it becomes imperative to know the educational
background of the respondents. Hence the variable
‘Educational Qualification’ was investigated and the data
pertaining to education is presented.

Table 4.3: Educational Qualification of


Respondents

Educational No. Of Percent


Qualification Respondents age (%)
(Students)
No formal
3 6%
schooling
Lower primary 9 18%
Upper primary 17 34%
Secondary + 21 42%
Total 50 100%

84
EDUCATIONAL QUALIFICATION

6% No formal schooling
18% Lower primary
42% Upper primary
Secondary +

34%

Table 4.4: Educational Qualification of


Respondent’s Husbands

Educational No. Of Percenta


Qualification Respondents ge (%)
No formal
2 4%
schooling
Lower primary 7 14%
Upper primary 26 30%
Secondary + 15 52%
Total 50 100%

85
HUSBAND'S EDUCATIONAL QUALIFICATION

4%
No formal schooling
14%
30% Lower primary
Upper primary
Secondary +

52%

Family Background

Family background refers to the place with which people


hold a long history and a deep cultural association. It
simply connotes one’s origin. (Here) It refers to the area
to which respondents’ family belong. It has a very
important role in deciding values, beliefs and behaviour
patterns of a child which are likely to affects his or her
attitudes towards a particular problem.

Table 4.5: Family Background of the Respondents

Family No. of Percentag


Background Respondents e (%)
Rural 21 42%
Urban 29 58%
Total 50 100%

86
FAMILY BACKGROUND

RURAL
42% URBAN

58%

From table 4.5 it is quite clear that the majority of


respondents’ (58%) family background is urban and 42
per cent belong to rural area. This shows the increasing
trend of migration of families from rural to urban areas.

Family Structure

Family structure refers to the type of family in which


a person lives and gets socialized has immense
importance in deciding his values, beliefs and
behaviours patterns which are likely to affects his or
her attitudes towards a particular problem, hence the
family structure plays its own role in giving the
response of an individual and therefore it was
thought important to understand the family structure
of the respondents.

Table 4.6: Family Structure of the Respondents

87
Family
No. of Percenta
Structur
Respondents ge (%)
e
Nuclear 32 64%
Joint 18 36%
Total 50 100

FAMILY STRUCTURE

NUCLEAR
36%
JOINT

64%

It is evident from the Table 4.6 that a large majority of the


respondents (64 per cent) live in a nuclear family and
remaining (36 per cent) of the total respondents live in a
joint family. This shows the increasing trends in the
changing families from joint family to the nuclear family
and the change in family system can be attributed to the
processes of urbanization, industrialization, migration and
modernization.

Years of Marriage

88
Table 4.7: Years of Marriage of the Respondents

Years of No. of Percenta


Marriage Responden ge (%)
ts
0-5 22 44%
6-10 16 32%
11-15 7 14%
15+ 5 10%
Total 50 100

YEARS OF MARRIAGE OF THE RESPONDENTS

10% 0-5 years

14% 6-10 years


44% 11-15 years
15+ years

32%

From the above table it is clear that majority of


respondents (44%) are married for 0-5 years, 32 per cent
of the total respondents are married from 6-10 years,
14per cent of them are married from 11-15 years, 10 per
cent respondents are married more then 15+ years. This
also shows that some women are bearing violence from
last 15 years.

89
CHAPTER-5

DATA ANALYSIS RELATED TO IMPACT OF


DOMESTIC VIOLENCE ON WOMEN OF AGE
GROUP 18-40 YEARS

This research study explored the status and nature of


record keeping among domestic violence service
providers in India. Such a study contributes to larger
inquiries about domestic violence, including the impact of
services, what gaps are apparent, and how the needs and
interests of women experiencing violence are
documented. In addition, the study sought to develop
effective methodology for a better understanding of

90
domestic violence and for the evolution of insights.
Thestudy also focuses on responses by the government
and the voluntary sector to domestic violence in states of
India. This research project built upon this work and
sought also to better understand how individual
communities respond to domestic violence. The study
documented the consistent recording of four primary
categories of information: types of violence reported,
apparent causes of violence, women’s immediate needs,
and support sought in the past. In addition to examining
the written narratives of the women, this study explored
caseworker perspectives on the problem of domestic
violence and the kinds of services provided. The objective
is to mainstream women’s rights and to insure that
women’s civil, political, economic, cultural, and social
rights can be protected and promoted. As domestic
violence plays a crucial role in preventing women from
asserting their human rights. There were three main
objectives of this research: to assess the status domestic
violence service-providing organizations based inIndia, to
assess and interpret what can be learned about domestic
violence, and to investigate the capacity of support
women’s human rights.

Forms of Violence Reported in Women’s


Narratives

The data indicated that women endure tremendous


cruelty at the hands of their husbands and family
members before they ever reach out for help. Most
profoundly apparent is the range and severity of the
violence, the compounding of multiple types of abuse

91
experienced in combination, and the predominance of
physical violence. It is clear that women sought help from
these organizations only after a long and severe history
of violence or after a particularly harrowing and cruel
incident.

Researcher categorized the data by types of violence


reported. These types were sorted into five general
categories, from 17 specific categories based on
descriptions of the violence in the narratives. Obviously,
many forms of violence may also have occurred to
women who chose not to explicitly mention these in their
narrative. The decision by women to include explicit
descriptions of the abuse is an important element of the
records that must be considered when exploring the kinds
of experiences encompassed within the rubric of domestic
violence. For example, an incident or pattern of physical
violence may be essential before women feel entitled to
seek help. However, women often mentioned types of
verbal or psychological abuse as well. In many instances,
the word “torture” in English and its Kannada equivalent
was mentioned repeatedly in the narratives. It appears to
refer to both physical and mental violence and was used
in most cases to mean unbearable cruelty. Although such
a term links types of violence together as they are
experienced in combination, researchersalso sought to
separate distinctive types in order to get a better sense
of the texture and experience of abuse which occurs.

Table 5.1 Forms of Violence

92
Types of No. of
Violence Respondents
Physical 41/50
violence
Verbal and 36/50
psychological
violence
Cruelty and 23/50
torture
Abuse to loved 17/50
ones
Abuse from in- 11/50
laws
Total 50

Types of violence
45 Physical violence
40 Verbal and psychological violence
35
30
25 Cruelty and torture
20 Abuse to loved ones
15 Abuse from in-laws
10
5
0

93
1. Physical violence: This includes hitting, slapping, and
beating with hands or fist, throwing objects, violence
during pregnancy and/or a forced abortion, use of a
weapon (such as an iron rod, a knife or kerosene), sexual
violence of any kind (including forcing her to sleep with
other men), poisoning, and other attempts to kill her.
Sexual violence may occur as part of a regular practice of
physical battering but not be mentioned in a narrative.
The fact that relatively few women reported sexual
violence may reflect discomfort in reporting this, not
necessarily the low incidence of this type of violence. 41
women out of 50 have faced physical violence in the
survey.

2. Abuse of loved ones: This category includes any


physical or mental cruelty and abuse to
complainant’s children or her natal family, such as
beating of the children, assaults of natal family members,
and humiliation of family members.17 women out of 50
have faced Cruelty and torture.

3. Mental and psychological violence: This category


includes threats of any kind, verbal abuse, and
harassment such as insults, filthy language and taunting,
harassment for dowry and income, threats top our
kerosene, and such humiliating actions as trying to prove
she is insane, wiping dirty hands on her face, spitting at
her, treating her like a servant, andembarrassing her at
her workplace or in public. 36 women out of 50 have faced
Mental and psychological violence in the survey.

94
4. Cruelty and torture: This category includes such abuses
as confinement and deprivation (including denying her
the right to visit her family, tying her up and not allowing
her out of the house, and denying her food), forcing her
to consume unpleasant or disgusting things, the
destruction or theft of her property, throwing her out of
the house, taking another wife, and desertion. 23 women
out of 50 have faced Cruelty and torture.

5. Abuse from in-laws: This category refers to physical or


psychological abuse directed at the woman from one of
her in-laws. Overall, there was an overwhelming presence
of severe physical violence in the records. This may be a
consequence of women’s perceptions that married life
inevitably involves a certain amount of suffering and that
they are expected to endure abuse and cruelty.
Community attitudes may reinforce the belief that women
need to endure violence until it crosses a threshold, or
that violence is only considered bad when it leaves
injuries. A few comments from caseworkers implied that
there is a sense among some of the organizations as well
that it is appropriate for women to seek help not after the
first experience of abuse, but only after a significant
amount of violence has occurred. Further, there was also
some sentiment that obedience is an important virtue for
wives, and that it is, in fact, a husband’s right to
reprimand his wife if necessary. 11 women out of 50 have
faced Cruelty and torture.

Detailed List of Types of Violence

95
# of % of
Type of wom wome
violence en n

Pours
kerosene/
acid 6 12%

Poison/for
ced 2 4%

Violence
during 1 2%

Use of
weapon 5 10%

Assault
and
beating 46 92%

Sexual
violence 2 4%

Beats
children 4 8%

Abuse
from in-
laws 3 6%

Attempts
to kill 3 6%

Threats 12 24%

Verbal
abuse 32 64%

Confinem
ent and 6 12%

Humiliatio
n 4 8%

Dowry
demands 1 2%

Threat to
pour 2 4%

Throw out
of house 5 10%

Desertion 2 4%

Physical 1 2%
abuse

of family

Psychologi 2 4%
cal abuse

of family

Suicide 1 <1%
attempt
96
by woman

Destroys
property 1 2%
Causes/Excuses for Violence

This category of information was also found consistently


throughout the records although less frequently than
types of violence. This may indicate a need to provide an
excuse or explanation for violence while reporting it, or it
may be the result of formulating a narrative that depends
upon a cause to link events together. Obviously, these
excuses or ”causes” of abuse are interpretations offered
by the women them- selves and not necessarily
explanations for the violence that occurred.

Six broad categories of these causes were identified from


the recorded narratives. Only 16 per cent mentioned “no
cause” for the violence and the vast majority included
some reason or excuse to explain why he began abusing
her. Most frequent by far were matters related to money
or dowry, with the majority mentioning either or both.
These were classified separately as many women
specifically mention dowry as a reason (52), while others
describe tensions over money or demands for her money
(62) as issues that are separate from dowry. According to
the narratives, struggles for control over income, assets
and expenses are central to household abuse dynamics.
References to money or dowry may also be present in
recorded complaints because of women’s perceptions that
organizations can actually help in getting subsistence
money or finances restored. This is evident in the data
documenting “what she wants,” where returning her
things or dowry was requested in 22 cases, and general
maintenance was requested in 36 cases. Her own financial
independence may or may not have been relevant as she
may have been subject to violence whether she was a

97
wage earner or not. The concern is more about control
over money than money itself.

Causes or precipitating factors relating to sexuality were


referenced by 21 per cent of the cases. These included
actual or suspected infidelities by either partner,
resistance to intercourse, or his second marriage. For
example, a husband’s second marriage may be used as a
threat to subdue the first wife or perpetrate violence
further. Women reported that their questions regarding
husbands’ extramarital affairs led to in-creased violence
against them. Some women also described being forced to
have sexual relations with other men as a form of abuse
against them. Women’s narratives occasionally also linked
their own behaviours with increases in violence. In
particular, some listed causes of violence as challenging
him or his family, either by refusing to do what they were
told, asking questions about his or their behavior,
requesting more household money, or refusing
intercourse.

Correlates of Violence

“He started enjoying drinking and would come home


drunk and start beating me. Now I am married for 15 or
16 years and have two boys of school going age. And I get
beaten up.”
The women in the study were divided into those who
experienced both psychological and physical abuse, those
who experienced psychological abuse, and those who did
not report any abuse. The results show that each form of
abuse cuts across all age, caste, and education lines).

98
Identifying trends of the different forms of abuse,
common precipitating factors thought to trigger the
violence, and magnitude of violence across these
correlates can establish the widespread prevalence of
violence across categories and contribute to the design of
more specific prevention and intervention strategies. In
addition, the social and economic conditions that may
foster different types of violence can be examined
through such an analysis.

Magnitude of Violence in Entire Sample

Table 5.2

Psych No Perce
Psychologica ologic Repo ntag
l al rted e
and Distri
Physi butio
Abuse cal Abuse n
of
Samp
Abuse le

100
All 42 % 23 % 35 % %

Caste
Schedule
d 23 % 48 % 29 % 15 %
Lower 20 % 57 % 23 % 47 %
High 28 % 17 % 55 % 26 %
Muslim 23 % 33 % 44 % 12 %

Age of
Woman

99
15 – 24 26 % 52 % 22 % 24 %
25 – 34 23 % 38 % 39 % 66 %
35 + 17 % 47 % 36 % 10 %

Woman’s
Educatio
n
No
formal
schooling 16 % 60 % 24 % 49 %
Lower
primary 35 % 41 % 24 % 10 %
Upper
primary 24 % 41 % 35 % 16 %
Secondar
y+ 32 % 10 % 58 % 26 %

Husband’
s
Educatio
n
No
formal
schooling 14 % 68 % 19 % 17 %
Lower
primary 15 % 62 % 23 % 14 %
Upper
primary 26 % 47 % 27 % 21 %
Secondar
y+ 28 % 25 % 47 % 48 %

Living
Arrange
ment
Nuclear 23 % 50 % 27 % 60 %

100
Joint 23 % 30 % 47 % 40 %

Years of
Marriage
1–5 40 % 35 % 25 % 6%
6 – 10 24 % 40 % 36 % 57 %
11 – 14 18 % 51 % 31 % 25 %
15 + 21 % 40 % 39 % 12 %

(Because of rounding, not all rows add up to 100%


exactly)

Despite slightly higher numbers of young brides re-


porting abuse, the relationship between age, duration of
marriage, and violence is weak. The most widespread
violence was reported among women from the Thakore
and Baraiya castes (80 per cent), other low castes (75 per
cent), and scheduled castes (74 per cent). Though
relatively less, large numbers of Muslim women (56 per
cent) and high caste women (45 per cent) also indicated
abuse from their husbands. Differences in the rates of
physical abuse account for most of the variation between
caste groups. While all women reported similar rates of
psychological abuse (23-28 per cent), a smaller proportion
of high caste women (17 per cent) additionally indicated
physical abuse compared to low caste women (57 per
cent).
Reported violence declined with the increasing education
of both men and women. Though incidence did not fall
below forty per cent for any group, abusive relationships
were reported more frequently among illiterate women
(76 per cent) and illiterate men (81 per cent) than women
and men with secondary schooling or more (42 per cent
and 53 per-cent respectively). Violence also varied with
living arrangements – 53 per cent of women in joint

101
families reported abuse compared to 73 per cent of
women in nuclear families. It is important to note that the
rate of psychological violence among both groups is the
same, the 20 per cent differential is due to higher
numbers of women in nuclear families reporting physical
abuse.

When grouped by age and duration of marriage, all


categories of women reported either psychological or
physical abuse at incidence levels ranging from 60 per
cent to 75 per cent. An interesting finding is that
differences in overall violence by these groupings are
statistically insignificant. Contrary to some expectations
that violence might subside with age, adult children, and
adjustments, women who suffer abuse early on continue
to experience it throughout their marriage. As one
respondent who had been married for several years
remarked, “The frequency or intensity of beating or
quarrels have not really decreased. It should have with
the passage of time, but nothing of that sort has
happened.” The data suggest that as women age and
have been married longer, forms of violence actually shift
towards more physical violence. For example, while
women who had been married 1-5 years reported similar
levels of physical and psychological violence (35 per cent
and 40 per cent, respectively), the responses of women
who had been married 11-15 years demonstrated a shift
towards more physical violence. About 51 per cent of
these women reported physical abuse and 18 per cent re-
ported psychological abuse.

Precipitating Factors of Abuse

102
“If the food is not according to his taste, and if the
quantum of salt in the vegetable is too much, or it is very
pungent or not fully cooked, he loses his temper. If he
thinks that I have not kept the house tidy and clean, he
loses his temper. He does give me money to manage the
house, but if the money is all spent and I ask for more, he
loses his temper and picks a quarrel. When he picks a
quarrel, he blames my parents and uses very foul
language for them. I cannot tolerate that and so we
fight.”

A central question in understanding and addressing abuse


is how underlying patterns of gender subordination and
the use of violence for conflict resolution manifest
themselves daily. Women in the study frequently
attributed an outburst of violence against them to
proximate causes or precipitating triggers such as
“mistakes” in running the household. The catalysts cited
most often include: not preparing meals on time (66 per
cent), not cooking meals properly (51 per cent), not
caring for the children properly (48 per cent), and
economic stress (48 per cent). Though marital violence in
India is often equated with dowry violence, just one per
cent stated that inadequate dowry precipitated the
abuse. During the in-depth interviews, women stated that
while these incidents described above are often the initial
catalysts for violence, their husband’s anger was
aggravated further when the women resisted verbal
abuse by defending themselves or using harsh language.

Though reports of precipitating incidents such as pre-

103
paring a meal late or not disciplining a child may seem
trivial, they are indicative of the many demands on
women’s time. In addition to work and responsibilities
outside of the home, most women in the study are also
expected to be responsible for maintaining the household,
caring for the children, and preparing meals. Such
gender-specific responsibilities like collecting fuel and
water are time-consuming and labour-intensive. The
pressure of completing all of these tasks “properly” may
reinforce these dynamics of gender subordination and
become an excuse for violence.

Other existing literature has gone further in examining


the possible underlying factors. One study in Karnataka
found that alcohol use and dowry were primary and
important determinants of abuse (Rao 1997). Others
argue that hierarchical gender relations, perpetuated
through gender socialization and socio-economic
inequities, are the root cause of violence against women
(Heise, Pitanguy, and Germaine 1994). In addition to
economic inequality between men and women, David
Levinson (1989) outlines three other factors that together
help predict violence against women: a pattern of using
physical violence for conflict resolution, male authority in
the home, and a divorce restriction for women. In the
current study in Gujarat, only three women reported
dowry-related violence. This low number may be due to
higher prevalence of dowry harassment in urban, higher
caste families not represented in a rural sample. The
Gujarat findings support Levinson’s predictors of violence.
The lack of women’s power within the home as well as
constraining social and economic factors which provide

104
few options outside of marriage were indeed associated
with high levels of abuse.

Forms of Violence

“Besides using abusive language, my husband hits me


with whatever he can lay his hands on. When he is really
mad, he flings a stick or whatever is in his hand freely
towards me. He does not kick or pull my hair or bang
against the wall. But hitting me in the back or slapping is
what he does most of the times. In a fit of rage, he even
asks me to leave home and go to my parents’ house. But
how can I go? I have children and this is my home.”

In this study, reported violence takes many forms. The


most frequently reported types of violence against a
woman include abusive language (80 per cent), beatings
(63 per cent), forcing her back to her parental home (52
per cent), and threats to throw her out (51 per cent).
Other types of abuse include refusing to give money to
manage the household, protracted criticism, and getting
angry with the children. Two-thirds of the women who
were abused reported physical violence. Of the women
who reported physical violence, the most frequent forms
are slaps (100 per-cent), having objects thrown at them
(63 per cent), and beatings with a stick (58 per cent).
Approximately ten per cent of the women who were
physically abused indicated they required medical
attention after get-ting beaten, yet only 38 per cent of
these sought treatment. Despite the fact that there were
few inquiries specifically on the subject of sexual abuse,
20 per-cent of women reporting physical violence
described violence of a sexual nature.

105
Women in the survey who reported violence experienced
an average of three different forms of abuse. In addition,
45 per cent of the women reported that their husbands
used abusive language in the presence of their children,
and 63 per cent said that this occurred in front of their
parents as well. Many women grew to tolerate abusive
language in the presence of their in-laws, but felt physical
beatings in their presence were demeaning and corrosive
of their self-worth.

Precipitating Factors for Domestic Violence

Looking at the data as a whole helps to understand the


overall contours of domestic violence, but it is essential to
examine the survey responses more closely in light of its
complex nature. provides more detailed information on
the linkages among the precipitating factors for abuse.
Furthermore, the analysis suggests potential inhibiting
factors for domestic violence against women. With a
sensitive and socially charged topic like domestic
violence, questions about under-reporting arise.
Differences in reported violence by group, for example by
caste or levels of education, are difficult to analyse
because of concerns that some women may face stronger
social pressure to keep violence private and hidden, and
therefore may not be re-porting violence to interviewers.

106
The consistent interaction between researchers and
participants in this study over a long period of time
hopefully minimized this possibility. Furthermore, many
women in all categories did report violence. An analysis of
these re-ports can provide important data regarding
possible differences in experiences of violence and in
trends by caste, age, and education. The knowledge of
such distinctions can in turn guide the design of
appropriate intervention strategies.

The forms of violence reported vary across caste. Women


from the scheduled and lower castes reported much
higher incidence of physical abuse than other survey
respondentsThey were also more likely to report that
their husbands threatened to force them out of the home
or back to their parents’ house. For example, 35 per cent
of high caste women in abusive relationships mentioned
that their husbands threatened to expel them from the
house compared to 62 per cent of lower caste women.
Precipitating factors also varied: while all women
mentioned com-plaints about meal preparation and child
care, 68 per cent of scheduled caste and 55 per cent of
lower caste women who had reported some type of
violence listed economic stress as a precipitating factor
for abuse. Another difference among castes was that a
greater proportion of high caste women (20 per-cent)
reported feeling that others instigated the violence in
their homes compared to Muslim women (12 per cent) or
lower caste women (10 per cent). Reported forms and
factors seen to be prompting violence among scheduled
caste and lower caste women are oriented around
economic constraints and being thrown out of the house.

107
These women have few options outside the marital home.
Higher caste women may be more concerned about social
stigma and they may be less likely to report physical
abuse.
Table 5.3
Correlates, Forms, and Reasons Given for Abuse among
Women Experiencing Violence

Reasons Given for


Forms of Abuse Abuse

P M
h ea Ch
Abu ys Thr ls Eco ild
siv ic eat no no re
e al s to t mic n
no
Lan As for re con t
gu sa ce ad str ca
ag ul out y ain re
e t of on ts d
ti
ho m Fo
me e r

Caste
6
78 8 60 65 68 43
Scheduled % % % % % %
7
91 4 62 72 55 47
Lower % % % % % %
3
48 8 35 50 18 45
High % % % % % %

108
5
79 8 38 58 33 67
Muslim % % % % % %

Age of
Woman
6
80 6 51 58 45 51
15 – 24 % % % % % %
6
79 2 56 66 51 49
25 – 34 % % % % % %
7
87 4 56 83 44 39
35 + % % % % % %

Woman’s
Education
7
No formal 91 9 64 76 59 44
schooling % % % % % %
5
Lower 88 4 50 73 35 38
primary % % % % % %
6
Upper 80 3 46 46 54 57
primary % % % % % %
2
Secondary 38 4 22 43 16 60
+ % % % % % %

Husband’s
Education
8
No formal 96 3 67 75 65 44
schooling % % % % % %
Lower 86 8 62 81 65 40

109
1
primary % % % % % %
6
Upper 89 4 53 74 47 38
primary % % % % % %
5
Secondary 73 3 50 61 40 58
+ % % % % % %

Living
Arrangem
ent
6
82 8 57 70 51 49
Nuclear % % % % % %
5
77 7 43 57 42 47
Joint % % % % % %

Years of
Marriage
4
53 7 33 47 27 47
1–5 % % % % % %
6
79 2 51 59 46 50
6 – 10 % % % % % %
7
87 3 57 73 60 55
11 – 14 % % % % % %
6
85 5 65 88 46 23
15 + % % % % % %

(Because women gave multiple answers to questions


about forms and reasons for abuse, the rows are not

110
meant to add up to 100%.)

Two important results of the survey contradict the


popular perception of the young bride in a joint family
being the most vulnerable to violence. In this study,
women living in nuclear families reported more violence,
and this violence continued as women aged. Likewise,
economic constraints were consistently offered as a
precipitating factor by approximately half of the women,
regardless of their age. However, problems with meals not
being prepared on time were cited more frequently by
older women: 83 per cent of women aged 35 or older
listed it as a factor prompting abuse compared to 58 per
cent of women aged 15-24.

Similarly, higher percentages of women married for longer


periods of time mentioned some form of physical violence
as compared to newly married women. Women who had
been married fifteen or more years commonly reported
having objects thrown at them (54 per cent) and beatings
with a stick (42 per cent). Reports of abusive language
also increased with length of marriage: 53 per cent of
newlyweds reported verbal abuse as compared to 85 per
cent of women married for more than 15 years. Lastly,
women who had been married for several years were
threatened with eviction from the house more frequently
– 65 per cent as compared to 33 per cent of women
married for one to five years. Large differences did not
exist in the magnitude of violence experienced by women
who had been married for a short time as compared to
those who had been married for a long time. However, the
number of different precipitating factors and the forms of

111
violence both increased with the length of the marital
relationship. These findings could indicate that, with time,
abuse intensifies to the point where everything becomes
an excuse or trigger for violence.

Many of the greatest differences in incidence, forms, and


precipitating factors occurred by level of education. While
rates of reported psychological abuse in the entire sample
were similar across different groupings, reported physical
violence dropped from 60 per cent among women with no
formal schooling to 10 per cent among women with
secondary schooling. However, as mentioned previously,
even among women with more than secondary school
education, two out of five reported some form of violence.
Of these women, the most frequently reported forms and
factors triggering violence differed from the rest of the
sample. Among these abused women, smaller
percentages of educated women reported abusive
language or threats of being forced out of the home. The
factors that women with greater education cited for
precipitating violence also differed from the rest of the
sample: 43 per cent of educated women re-ported issues
with meal preparation compared to three-fourths of
women by other groupings. These women were more
likely than women with no schooling to cite child care (60
compared to 44 per cent) and the instigation of outsiders
(19 compared to 11 per cent) as factors precipitating the
violence.

The magnitude, precipitating factors, and forms of


violence also declined with husband’s education, but to a
smaller degree. For example, 91 per cent of women with

112
no schooling reported abusive language compared to a
much lower 38 per cent of women with secondary
schooling. While 96 per cent of men with no schooling
abused their wives verbally, the violence declined less
substantially to 73 per cent among men with secondary
schooling.

Communication with Others about Violence

“I do not have relatives living nearby, but there are


neighbours. It is not that the neighbours play any role in
the quarrels or instigate my husband against me. In fact,
they sometimes take my side and tell my husband that
since you do not earn regularly, how do you expect your
wife to run the house?”

A woman’s access to support or alternatives may affect


her situation with domestic violence. In this study, three
out of five women confronting violence were able to
confide in others, usually neighbours or female in-laws
residing in the household. However, family members and
neighbours are reluctant to intervene because violence is
seen as a private, family affair. In other cases, they
sometimes feel helpless to stop the abusive husband.

Of women who maintain silence, 75 per cent emphasized


concern for the honour of their husband and family as the
primary reason for staying quiet. The isolation of women
in violent households deepens when social and economic
constraints preclude visits to their natal home. After
women have children, visits to their parents’ home
decline. Other reasons women cannot go home include a

113
social acceptance that women endure hardship with their
in-laws, the un-willingness to depend on married brothers
at their natal home, and the apprehension that a
subsequent return would be humiliating if their husband
did not come to fetch them back. Even for women who are
able to go to their natal home after a confrontation, 30
per cent reported that they do not tell their family the
reason for their visit.

Perceived Options

“One does often feel like running away from it all. But
where does one go? There should be a place where
women can go. The only place is parents’ house but they
will always try to send you back. Also, when there are
children, where can one go? Sometimes I do feel quite
suffocated, but when I think of the children, I cannot take
any steps in haste. My children would not eat food
prepared by anyone else. So I have to live for them.”

Especially when they were unable to access their pa-


rental home for support, abused women felt they had few
alternatives. Although many reported that they had
thought about running away or committing suicide, they
felt these options were not feasible because of their
young children and the lack of places to go.

Barbara Miller (1992) listed some options that may seem


viable for women who are considering escape from an
abusive situation, including: support from the natal home,
divorce/separation, bearing sons, age, and committing
suicide. As a result of the concerns discussed above,

114
women cannot always go to their natal home, and divorce
carries a great deal of social stigma for higher caste
women. Lower caste women, who have poor access to and
control over economic resources, may have no place to
go. Sur-vey results did not show that abuse lessened with
the birth of sons or with increasing age. Even suicide is
not an option because many women do not want to
abandon their children.

Public support institutions such as shelter homes are an


option but are still not easily or widely accessible to most
women. Measures such as approaching the police or
women’s groups for legal actions must be examined
carefully as other ways by which women can address
violence. These solutions may have little value until
women have more economic options out-side of marriage.
In the private sphere, one important source of support is
the natal family. At present the natal family is often
constrained by social norms, the status vis-à-vis the
conjugal family, and economic resources. Natal families
should be strengthened to act as mediators. In searching
for the most effective strategies, the voices and
perspectives of women survivors are crucial.

Long-TermEffects ofAbuse

“…domesticviolenceiseternal.Onceithas
been,theeffectsofitareuntildeath.And
notjustyourown[experience],butevery
personwhoisconnectedtoyou,
experiencestheeffectsofwhathas happenedtoyouinyour
life.”- a domestic violence victim.

115
Long-termeffectsencompassing
physicalandmentalhealthimpactsare
categorizedinsixmajorareas:
 Internalsocio-emotionaleffects
 Externalsocio-emotionaleffects
 Damagedrelationships
 Psychologicaleffects
 Physicaleffects,and
 Theintergenerationalcycleofabuse

Internal Socio-emotional Effect

I n a b i l i t y t o t r u s t ,
I n t
e r n
a l
S o c
i o -
e m
o t i
o n a
l
E ff
eD e c f t e n s i v e n e s s

F e a r o f b e i n g a l o n e

P r o b l e m w i h i n t i m a c y

External Socio-emotional Effects

116
EE ff x et e c t o n f a i t h
r n a l
S o c i
o -
e m o t
i o n a l
E ff e c
t s

E ff e c t o n e m p l o y m e n t

e ff e c t o n p a r e n t i n g a b i l i t y

E ff e c t o n s e x u a l i t y

Damaged relationships

DW a i t h m e n
m a
g e
d
r e l
a t i
o n
s h i
p s

W i t h t h e i r f a m i l y o f o r i g i n

W i t h t h e i r o w n c h i l d r e n

F r i e n d s h i p s w i t h o t h e r w o m e n

Psychological Effects

117
PP so y s ct -h T r a u m a t i c S t r e s s D i s o r d e r ( P T S D )
o l o g i c
a l
E ff e c t s

O v e r - s e n s i t i v i t y t o t o u c h

M e m o r y p r o b l e m s

D e p r e s s i o n

Physical Effects

PD hi s y a s b i i cl i t y r e s u l t i n g f r o m a b u s e
a l
E ff e c t
s

I n f e r t i l i t y c a u s e d b y s e x u a l a s s a u l t

A d d i c t i v e b e h a v i o r s

F o o d

Intergenerational Cycle ofAbuse

118
LI n o tn e g r - gt e e r nm e ir s a s tu i eo s n r e l a t e d t o g r o w i n g u p i n a n a b u s i v e h o m e
a l C y c l e
O f A b u s e

A d d i c t i o n s

P h y s i c a l r e a c t i o n s t o t h e a b u s e

C h i l d r e n ’ s f e a r o f i n t i m a t e r e l a t i o n s h i p s

The children of the formerly-battered women were


affected well into their adolescence and their adult lives
by the abuse they had witnessed; Likewise, their children
were alsoaffected(the grandchildren of the formerly-
abused women)by the abuse in previous generations.

The Woman’s Needs

What a woman wants of the organization from which she


seeks help is often stated explicitly in the narratives.
Although this category of information was found in a high
number of reports, it may not be exhaustive, nor is it
necessarily predictive of changes in her needs that may
continue to occur. The categories themselves are based
upon terms used by the women themselves, however, and
offer a glimpse of the perceptions women have of their

119
entitlements in the face of violence. The records made
clear that specific and concrete requests for maintenance,
help to “get her things back,” and custody of children
were mentioned frequently. This may be understood to
refer to situations in which she was thrown out of her
matrimonial home, or in which the husband took her
jewellery or other possessions when leaving her, and/or
when some kind of separation occurred.

In addition, however, many women appeared to seek less


specific or concrete outcomes. In 52 cases the request
was for “safety” or “security” from violence. This may
refer to needing assistance in restraining her husband or
in-laws in some way, regular protection from outside
authority or an alternative housing arrangement. An
interest in changing her fundamental circumstances was
evident somewhat in the high number of direct requests
for divorce and the relatively infrequent requests for help
in staying in the marriage. However, although it is
unstated, many women may not necessarily desire an end
to the marriage, just an end to the abuse. Finding help to
stay in the marriage (explicitly stated in only 14 cases)
may in fact depend on particular conditions. This is
evident in specific requests for help in changing his
behavior generally (13 cases), for help in stopping his
extra-marital affairs or his second marriage (16 cases), or
for help in curing his alcoholism.

Another abstractly expressed need found often among the


cases was an interest in finding some form of what was
termed either as “peace”, “help”, or “jus-tice”. These
terms were used throughout the cases and often formed a
summary, conclusion or an end to their complaint, as in “I

120
just need some help,” or “Please help me live in peace,”
or “I want justice for this.” It appears that the use of the
term “justice” implies some form of compensation for a
violation of his responsibilities and duties.

Support

A large number of cases recorded by the four


organizations made reference to help sought from other
sources before coming. This was included as part of the
narrative documenting the nature of her needs and their
evolution over time. This information reveals where
women think to go for intervention, the perceptions
women have of their own rights to safety, and whom they
believe duty-bearers might be.8 In addition, women’s
perceptions of the effectiveness of these agents can also
be informative.

Most frequently, women sought help first with the police,


with community elders or panchayats, and with their natal
families. Some women appeared to seek help in all three
places before coming to the organizations studied. A brief
analysis of this data showed that none of the three had
been able to help women achieve safety, maintenance or
needed support. Further, it is evident that, according to
these accounts, none of these measures prevented the
violence from continuing, and sometimes the violence
increased.

Overall, these results make evident that natal families are


often the first and most frequent place a woman may go
for help and that women do often look to the police for
protection and safety. However, there are a number of

121
women who receive no protection, shelter or support from
their natal families and are unable to find support
elsewhere. It is possible that those cases that do not
explicitly mention their natal families in their written
complaints may have included an additional number for
whom the natal family is not capable of providing
support. This data also shows that women may seek help
repeatedly from many sources until they get what they
need, and that despite ineffective response from the
police, women are willing to continue to reach out to
other organizations.

Assistance Sought

A primary reason thatwomen approached to seek help for


preventing further domestic violence. This included
negotiation for peaceful cohabitation, emotional and legal
support (including counselling, legal help, and shelter),
and resources to combat family violence Information on
the kind of assistance actually provided by the cell
however was sparse. In 83.8 per-cent of cases,
information on the nature of help given was not available
in the records. From the available data, the demand for
legal assistance was the highest noted across almost all
age groups. One of the reasons for this could be that
women seek external intervention, in this case the Special
Cell, only when marital relations have reached a stage of
near collapse and legal intervention may be necessary.

122
Further, caseworkers at the Special Cell observed that
women’s goals and priorities shift in the course of the
intervention process itself and the caseworker often has
to accommodate these shifts.

From the data that was available on assistance given,


Special Cell workers were able to provide police help for
women in over 1/4 of the cases. Police help ranged from
writing up non-cognizable offenses to registering criminal
cases against the offending husband to retrieval of assets
and enforcement of court orders. The data on retrieval of
personal assets received at the time of marriage
(streedhan) indicates also that women seek outside help
to assist in the struggle for control over assets when they
want to opt out of marriage.

Assistance Sought Frequency Percept

Help to Prevent Violence 11 22%

Counselling with the View of


Reconciliation 12 24%

Legal Help for


Divorce/Maintenance 11 22%

Legal Help for Custody of Child 1 2%

Assistance to be Economically
Independent 1 2%

Shelter 1 2%

Financial Assistance 2 4%

Prosecution of the Offender 1 2%

Assistance from Police 9 18%

Share in Husband’s
Income/Property 2 4%

Separation from the Abuser 3 6%

Right over Matrimonial Home 1 2%

Entry into Matrimonial Home 0 0

123
Recovery of Streedhan 2 4%

Total 50

When women approach the police for help, the police


must decide whether to register a complaint as a criminal
case or a non-cognizable offense. Thus, police records of
non-cognizable offenses provide important data regarding
this decision-making process as well as the demographic
trends that emerge. Evidence from these non-cognizable
or NC registers indicates a demographic profile similar to
that which emerged from the Special Cell records in terms
of age, marital status, and employment status. The
records of the NC register also provide more insight into
the kinds of issues that women and children are bringing
to police stations, their expectations from the system,
and the response of the police to these women.

124
CHAPTER-6

CONCLUSION & SUGGESTIONS

The study summarized in this together provide a broad


picture of the degree of violence experienced by
individual women and the level and reach of services
offered by state and non-governmental organizations. A
strong conclusion emerging from the study is that
domestic violence is a pervasive phenomenon in India.
The study emphasizes that violence cuts across caste,
class, religion, age, and education. While a greater
proportion of low caste and less educated women report
violence, even highly educated women report violence in
large numbers. The survey results suggest that in spite of
economic prosperity and high literacy rates, two out of
every five women experience physical abuse at the hands
of their husbands. Development strategies, therefore,
need to address not only individual women’s needs, but
also general patterns of gender subordination.

In addition to depicting the prevalence of violence, the


study highlights women’s lack of access to formal and
informal mechanisms for redress in situations of abuse.
The majority of women experiencing abuse do not access
any form of medical care for either psychological or
physical injuries. Two out of every five women in abusive
relationships stay silent about their suffering because of

125
shame and family honour. The lack of viable options keeps
women trapped in violent situations. Nearly one-third of
the women experiencing abuse had thought about
running away, but most said that they feared leaving their
young children and had no place to go. Social and
economic constraints further compound their sense of
isolation. Lack of awareness about their rights and how to
seek help renders these women more vulnerable to
continued and escalating abuse by their husbands.

Analysis of Responses toDomestic Violence

To address women’s isolation, the NGO and state sectors


have initiated a wide range of public intervention
strategies. These efforts concentrate on different
dimensions of domestic violence. Some focus on
immediate needs such as short stay homes to provide
relief from abuse. Others are directed toward long-term
or preventive measures such as the monitoring of existing
cases, creating opportunities for economic self-reliance,
consciousness-raising, and mobilizing the community to
stop domestic violence.

The results from the study that examined responses to


domestic violence suggest the following typology of
responses: ameliorative services, reconstructive
programs, and preventive strategies. This category of
responses describes the services a woman encounters
when she first seeks outside assistance. It includes a
range of short-term services catering to the immediate
and practical needs of a woman, such as shelter, legal aid,
medical aid, and remedial counselling. To sustain the

126
impact, a smaller range of pro-grams is oriented toward
rebuilding the well-being. of the woman and the family .
These reconstructive programs improve livelihoods, self-
esteem, and empowerment. A crucial third category of
responses consists of measures designed to prevent and
eliminate the conditions responsible for domes-tic
violence .Preventive strategies con-tribute both to
empowering individual women and to raising community
awareness.

Also it is evident from this initial survey that some


combination of reactive or immediate responses and pro-
active or long-term responses is necessary in every
community. Family reconciliation is clearly a commonly
desired end sought by most community intervention
strategies and this is a telling and significant feature of
the social response to violence against women in India.8

In addition, however, it appears that proactive or holistic


efforts to address domestic violence through community
development schemes, women’s self-help collectives,
efforts to raise public consciousness, and to empower
women economically and politically are also important.
These strategies attempt to change conditions that might
be responsible for domestic violence. These are the
efforts that can potentially reach the vast majority of
women who do not or can-not come forward to complain
of domestic violence. It appears that these larger
proactive efforts to pre-vent domestic violence, however,
are a much lower priority within mainstream and state-
directed pro-grams. The case studies show that the
following preventive strategies need to be implemented.

127
1. Raise Public Awareness: Public awareness pro-grams
that are carefully imagined, designed, and coherently
oriented around economic and political initiatives, and
that include gender sensitization components, ought
to be utilized in a variety of settings. In order to
accomplish this, networks between organizations,
between activists, and between state officers need to
be strengthened; funding needs to be channelled
toward improving mutual contact and communication
between state and voluntary sectors; and meetings
and conferences to address strategies need to be
systematically encouraged.

2. Establish and Maintain Case Records: Case studies


show that a more careful record-keeping and
monitoring of each case is essential within individual
organizations. This can help all providers to learn what
is and is not an effective intervention, and can help
each organization insure and sustain the safety of the
women it works with. These case records and the
documentation of follow-up procedures ought to be
available in some kind of larger data base to facilitate
a wider understanding of intervention strategies, and
the common problems and patterns of domestic
violence. Those cases that have been reconciled
through stamp paper agreements, for example, need
to be monitored and recorded to help organizations
identify successful and less successful intervention
strategies.

3. Address Physical and Emotional Trauma: Additional

128
observation showed that with a few exceptions,
organized responses to individual complaints are
largely devoid of methods to address physical and
emotional trauma. Access to medical facilities, links
between hospitals and family counselling centres
(including the sensitization of medical professionals to
the indicators and needs of domestic violence victims),
and attention to the problems of mental health are
largely absent from this survey of organized
responses. An awareness of the relationship between
violence and trauma, the complexities of psychological
health and/or the need for longer term counselling is
an important component which needs to be further
examined. Furthermore, efforts to reach the batterer
or perpetrator of violence are nearly non-existent.
Efforts to sensitize and sustain a dialogue about
violence and gender with professional communities
and workplaces, village and caste panchayats, worker
organizations and other sites where men may gather
would be an invaluable intervention toward this end.
In addition, concerted attention by com-munity
leaders, counsellors and/or activists to meet and work
with men who are violent could provide an important
missing intervention.

4. Create Crisis Referral Services: Another


recommendation is to create local hotline or crisis
referral services that can take calls from women or
family members or concerned neighbours regarding a
given case or incident, or an inquiry about legal,
medical or psychological services. Such a service

129
would allow organizations to reach those women who
are less willing to come in person to a station or centre
some access to services and information, and would
give others the opportunity to speak on behalf of a
frightened woman.

5. Promote Gender Sensitivity and Human Rights


Education: One interpretation of the case study
findings would suggest that sustainable and effective
responses to domestic violence in India may depend
upon establishing a culturally consistent continuity
between traditional practices and beliefs about family
and community relationships, and new forms of
consciousness about human rights, about women’s
need for equality, and about non-violence.

Sector-specific Recommendations

A) Health Care Sector

1. Recognize domestic violence as a public health issue.


It is essential that domestic violence be recognized as
a serious public health is-sue, and that changes to
address this issue occur at all levels within the health
care system with an appropriate allocation of
resources.
2. Train health care providers-Health care providers,
researchers, and administrators at the conference
recommended integrating domestic violence
awareness into medical and nursing education
curricula and providing training for current

130
practitioners. This is particularly important as the
research demonstrated that many doctors were simply
uncertain about how to appropriately identify and care
for a victim of domestic violence.
3. Implement domestic violence protocols- Health care
centres should implement domestic violence protocols.
These include improving screening, care, and
referrals; making trained counsellors available on-site;
and ensuring that medical exams of sexual assault
victims are performed by female physicians.

B) Law Enforcement and Judicial Systems

In order to strengthen a woman’s ability to pursue justice


through the legal system, conference participants
identified procedural changes that would improve the
accessibility of the police, the classification and
investigation of cases, and their successful prosecution in
the courts.

1. Change categories of crime- The representatives from


the police at the conference recommended creating a
separate category for crimes associated with domestic
violence. For example, while the murder of a woman
may currently be categorized only as “dowry-related”
or for “reasons other than dowry,” the suggestion was
made to specify domestic violence directly
2. Improve collection of evidence- Several
recommendations were made for collecting and
presenting evidence. Legal experts and women’s
advocates should explore how evidence requirements
may be adapted for the complicated circumstances
often surrounding domestic violence cases.
Counsellors, psychologists, and midwives should be

131
recognized as experts within the Indian Evidence Act.
Furthermore, the police, NGOs, and hospitals should
work together to ensure understanding of the type of
evidence and the fulfilment of proper procedures
needed for courts to consider the evidence admissible.
For example, doctors should be required to present
post-mortem notes within 24 hours and police officers
should be trained to identify signs of domestic
violence. Furthermore, police reports need to include
and support the credibility of women’s voices in their
descriptions of violence against them.
3. Increase sensitivity towards women who have
experienced violence- Women recounting sexual abuse
or assault could present their ac-counts in camera if
they so choose in order to avoid public embarrassment
and trauma.
4. Introduce a civil law- As the vast majority of women
seek redress through civil law, many lawyers and
judges at the conference supported a civil law that
would include making protection orders available for
women.
5. Clarify existing law and interpret consistently-The
ways in which different laws are used to rule on
domestic violence cases should be clarified. For
example, the term “cruelty” in Section 498A needs to
be detailed in a way so that it is not only linked with
dowry demands. Furthermore, definitions and
indicators for mental cruelty must be recognized and
expanded.
6. Monitor and publicize the processes and outcomes of
cases-The creation of watchdog groups could
contribute to improving the cover-age of and ensuring
better accountability of the legal process. Though
crimes against women get some media coverage, the

132
usually unsuccessful outcomes of prosecution do not
get reported. In addition, greater public access to
court records as well as more systematic organization
and maintenance of those records would heighten
public knowledge and understanding.
7. Institute professional training programs led by peers-
Professional peers should lead training programs on
domestic violence. A judge leading a training program
for another group of judges may be more easily
received than someone out-side of the field. Such
seminars would discuss the dynamics of domestic
violence as well as the law’s ability to address it.

Research Recommendations

Based on the study as well as the recommendations,


participants had many suggestions for future research on
domestic violence:

1. Ensure that all methodologies pay attention to ethical


concerns-

 Ensure an ethical process of research that protects the


physical safety and emotional well-being of both
participants and researchers;
 Ensure accountability of researchers to women and
their families as well as the institutions they’re
studying; for example, make an effort to return results
to the respondents (e.g. street plays, pamphlets); and
 Conduct research and dissemination efforts in a way
that articulates the voices of women being researched

133
2. Conduct research that supports political advocacy
strategies

 Design research protocols for action results; and


 Clarify and refine the definition of domestic violence
and rethink modes for representing it.

Improved communication among and within institutions


responding to domestic violence in India needs to begin,
in part, with a dialogue about documentation. Such a
dialogue may include what kind of information needs to
be recorded, how to monitor and follow-up on cases, what
standards need to be upheld, and how information might
be shared safely. The process of exploring these issues
may also raise questions about the role of documentation
in providing effective health care and social services, in
improving law enforcement and prosecution rates, and in
establishing a higher standard for cooperation and
coordination among institutions. It is the hope and
intention of this project that these studies may contribute
to such a dialogue and lead to a more coordinated state
and community effort to realize and protect the human
rights of Indian women and women everywhere.

134
135
ANNEXURES

136
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“Eliciting narrative through the in-depth interview.”
Qualitative Enquiry 3(1): 53-70

SUMMARIES OF ACTUAL CASES

Since Shravani had not brought dowry to


the marriage, her husband, mother-in-law,
andbrother- in-law’s wife physically and
mentally troubled her. She endured the
abuse sinceher mother was poor and her
father was missing. Her husband had
punched her in the eyeonce and had been
Shravai, maintaining sexual relations with her co-
Age 22 sister. The FIR was filed 12/31/94 after she
had seen her husband and co-sister
engaged in sexual relations. Her
husbandthen beat her and asked her to go
and die, at which time she attempted
suicide by consuming rat poison. She was
hospitalized and saved. The case is still
going on in court.

Kartiki,
Age 39 Married on 1/21/77. They lived in a joint

140
family, and two months after marriage,
Kartiki’shusband had started harassing her
physically and mentally for trivial reasons.
Her husbandhad lost his job but he
continued to drink, and beat her for money.
Her husband sold herornaments, and her
mother-in-law demanded that ornaments be
brought from her natalfamily. On 1/21/91,
Kartiki attempted suicide by consuming
poison and was also treated fordepression.
On 3/4/94 a police constable was sent with
Kartiki, and on seeing them, her husband
started attacking her physically and
shouting loudly. He was then arrested for
causing threat to her life. She registered a
case on April 13, 1994 under section 498A
andSection 34 for Mental and Physical
Torture. Kartiki and her husband
compromised and started residing together.
The case was compounded and the accused
was acquitted.

Pausha,
Age 30 Married on 5/15/94. Pausha worked in a
private company, and used to give her
salary and gifts she had received in
marriage to her husband. Her husband
would say that she had hidden some gifts
and that he would burn her alive and used
to doubt her character. He would ask her if
she had relations outside the marriage and
catch her throat and threaten to kill her if
she revealed this to anyone. He used to
force her to have sexual intercourse against
her will. An FIR was filed on 7/13/94, after
suffering physical abuse. Her husband had
claimed that he knew she had illicit relations
with someone and that she was pregnant.
He further said that the child is not his so he
started hitting her stomach with his hand.
On 6/7/94 he took her to a private clinic for
an abortion. On 7/8/94 he went to her office
and asked her to give resignation. On the
same day she was admitted to the hospital.
The divorce was drawn by the family court.
Both the accused and the complainant
compromised on the ground that the
accused would return all the property to the

141
complainant. The accused was acquitted.

Married on 5/18/94. Three days after


marriage, Falguni’s in-laws claimed that her
father had not given enough gifts in
marriage. Her mother-in-law threatened to
Falguni, burn her if her father did not give them a
age 21 flat. She also faced physical abuse from her
younger brother-in-law. When she left for
her natal home, her in-laws threatened to
kill her if she did not tell her father of their
demand for a flat. On 7/9/95, her in-laws
pushed her out of the house at night and
asked her to get the money for the flat from
her father. Until then she would not be
allowed to stay in the house and they
threatened to kill her. FIR was filed on
12/13/95. Thecase is still in court.

Married on 2/27/91. Her husband began to


abuse her and would say that he would not
keepher in the house if she did not get
money from her parents. Her mother-in-law
would alsophysically and verbally abuse her.
She delivered a baby girl who died after 12
Dhanashr days.According to Dhanashree, her mother-
ee, Age in-law did not take care of her and her
21 daughter, andshe had become weak. An FIR
was filed on 12/11/96 prior to which
Dhanashree had goneto her father’s place
where she stayed for one year. Her father
then met with her father-inlawwho said that
she would be allowed back only if she
brought money. The case is still in court.

Chatura,
age 25 Married in 1988. Since her marriage,
Chatura was harassed in her marital home

142
but couldnot visit her family or have them
visit her. Her married sister-in-law would
come often andphysically abuse her. Her
husband would side with his family
members and fight with her.She could only
contact her brothers by telephone to
complain of the harassment. On
5/25/94 at night a fight took place between
Chatura, her husband, and his family
members,following which she was asked to
leave the house. She attempted suicide by
jumping fromthe terrace. The court records
indicate that both parties settled the
dispute amicably andthat the complainant
was now residing with her husband
peacefully. Since there was no
clear evidence of harassment and ill
treatment on record, all the accused were
acquitted.

TYPES OF VIOLENCE IN NARRATIVES

1) Physical Violence

a) Kerosene/acid/burns

i) Burns with incense sticks


ii) Pours kerosene on her and tries to set ablaze
iii)Pours kerosene on her and the children

143
iv)Pours hot oil on her
v) Singed cheek with a lighter

b) Hitting/beating/assault

i) Tried to cut off tongue


ii) Dragging by hair
iii)Severe beatings
iv)Cuts with knife
v) Biting
vi)Burns with cigarette
vii) Torture
viii) Physical harassment
ix)Beating after getting drunk
x) Kicks
xi)Beaten like a cow
xii) Pushing/Dragging
xiii) Abusing her at work all day
xiv) Battery
xv) Making her do all the housework
xvi) Bashing her head
xvii) Breaking her teeth
xviii) Manhandling her
xix) Slapping
xx) Broken her arm many times
xxi) Beats her like a “mad dog” if she asks questions
xxii) Catch by hair and bang against walk
xxiii) Hit her in stomach
xxiv) Beats when asks for money
xxv) Beats to get money
xxvi) Beating until unconscious
xxvii) Throwing against wall

c) Forced to eat or drink

i) Poisoning
ii) Overdose of sleeping pills
iii)Threatens to force her to drink poison
iv)Forces her to drink his urine

d) Violence during pregnancy

i) Forced to have an abortion


ii) Kicked in stomach while pregnant

e) Use of weapon

i) Gave her infection

144
ii) Hands tied and cloth stuffed in mouth
iii)Iron rod
iv)Blade
v) Threatens with knife
vi)Wounded stomach with knife
vii) Injury with sickle
viii) Beats her “with anything he can get his hands
on”
ix)Beat her with a wooden log
x) Pouring hot oil on her

f) Confinement and deprivation

i) Denied food
ii) Denied food and water
iii)Confined to house
iv)Locking her up
v) Not allowing her to go out
vi)Denying right to visit natal home
vii) Ties to a pillar and beats her
viii) Ties her with a rope and leaves her in the well

g) In-law abuse

i) Threats from father-in-law


ii) Mental cruelty by mother-in-law
iii)Violence instigated by brother-in-law
iv)Brother-in-law holds her while husband beats her
v) Mother-in-law and brother-in-law support him
beatingher
vi)Mother-in-law hits her
vii) Mother-in-law and children hit her
viii) Husband’s friend beats her

h) Attempts to kill her

i) While she is sleeping


ii) Tries to strangle her at the workplace
iii)Sets her ablaze
iv)Tries to kill her
v) Tries to strangle her
vi)By leaving gas on
vii) Tries to hang her
i) Sexual violence

i) Forced to sleep with other men

145
ii) Forced sex
iii)Tries to rape

j) Thrown out of house

i) Throws out of house


ii) Throws out of house at night
iii)Throws her and the children out at midnight

k) Beats children

i) Harasses female child


ii) Beats children
iii)Pours kerosene on the children
iv)Choking new-born child
v) Children not looked after
vi)Kills female child

l) Abuse of family

i) Hit her father, brother


ii) Hit brother
iii)Kills her second husband
iv)Abuses first husband

2) Psychological Violence

a) Verbal abuse/harassment

i) Harassment
ii) Mental torture
iii)Verbal abuse
iv)Calls her a prostitute
v) Taunts
vi)Abusing her at work all day
vii) Insults
viii) Tells her she looks like a monkey
ix)Filthy language

146
b) Threats

i) Threatens to kill her


ii) Threatens to kill entire natal family
iii)Threatens to burn her alive
iv)Threatens to divorce her
v) Threatens to pour kerosene and burn alive
vi)Threatens to send goondas to kill her
vii) Threatens to kidnap the children
viii) Threats of divorce
ix)Threats to ruin her factory
x) Threatens with knife
xi)Threatens to set her beauty parlour on fire
xii) Threatens to throw acid on her face
xiii) Threatens to hack with a machete
xiv) Threatens to leave her
xv) Threatens to drown her
xvi) Threatens to injure her
xvii) Threatening to keep away the child
xviii) Threatens to break her legs
xix) Threatens with acid/kerosene
xx) Threatens to pour kerosene on her and burn her
alive
xxi) Threatens to throw acid on her face

c) Humiliation

i) Trying to prove that she is mad and abnormal


ii) Forced to sleep with other men
iii)Slanders her name
iv)Treated like a servant
v) Public humiliation
vi)Wiping dirty hands on face
vii) Spitting
viii) Beating in front of friends
ix)Hits her with chappals
x) Removes her clothes and beats her
xi)Forced to drink his urine
xii) Bigamy

3) Property Destruction

a) Damaged windows and furniture

147
INTERVIEW SCHEDULE

AGE ______________

SEX ______________

RELIGION ______________

CASTE ______________

PLACE ______________

NATURE OF FAMILY: _____________________________

TOTAL FAMILY MEMBERS: _____________________________

FAMILY BACKGROUND: Rural Urban

EDUCATIONAL QUALIFICATION: _____________________________

EDUCATIONAL QUALIFICATION OF HUSBAND:

PROFESSION OF FAMILY:
__________________________________________

SOURCE OF INCOME: ________________________________

TOTAL INCOME : ________________________________

What types of abuse have do you suffer?

148
You have suffered Physical Abuse; what sort of physical
assault have you experienced?

What part of your body was targeted during the physical


assault(s)?

What sort of injuries have you sustained due to physical


assault(s)?

About the frequency of assaults:

How soon after starting the relationship did the first


physical assault take place?

How many times (approx.) have you been physically


assaulted?

How many times (appx) were you assaulted BEFORE


telling someone?

Have the physical assaults increased, stayed the same or


decreased during your relationship?

When did the physical abuse start?

Have you ever tried defending yourself from a physical


assault?

If you have suffered Sexual Abuse:

What sorts of sexual abuse have you experienced?

Frequency of sexual abuse?

How soon after starting the relationship did the first


sexual abuse take place?

How many times (approx.) have you been sexually


abused?

149
How many times (appx) were you sexually abused BEFORE
telling someone?

Has the sexual abuse increased, stayed the same or


decreased during your relationship?

Domestic Abuse and Children:

Do/did you have any children while with the abuser?

How many children did you have while in the abusive


relationship?

Did the children witness (heard or saw) any abuse on you


from your partner?

If so, what sort of abuse? (Please give details, eg.


physical assault, shouting, sexual assault, etc.)

Where the children abused by your partner?

If so, what sort of abuse did your children suffer?

General Questions for ALL abuse types:

What is/was your relationship to the abuser at the time of


the abuse?

Are you still living with or in close contact with your


abuser?

How long have you been/were you in an abusive


relationship?

How long had/have you been in an abusive relationship


before confiding in someone?

About Support available:

150
If you are still in an abusive relationship, have you
confided in anyone?

if yes, whom have you told about the abuse?

Both current victims and survivors:

How would you rate the help and support you have
received?

How long had the abuse been ongoing before you


contacted an official body (eg. Police,
Refuge,SocialServices)?

151

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