HUMAN RIGHTS LAW

CONTINUOUS INTERNAL ASSESSMENT-3

 DOMESTIC VIOLENCE AS A HUMAN RIGHTS VIOLATION

- A. MANORANJAN (BC0150014)

Violence has many shades, there’s physical violence (in India 70% of women is at some
point victim of domestic violence), that in the worst cases can turn into murder: dowry deaths,
honor killings, witchcraft related murders, female infanticide and foeticide(which rates is to the
roof today) are still happening; There’s sexual violence: rape, gang rape and marital rape are
commonplace (In India an episode of  sexual violence occurs every 20 minutes); There’s
psychological violence, verbal abuses and threats; and the list continues with forced child
marriage, acid attacks, human trafficking and abduction.

Human rights are the basic and fundamental rights to which all humans are entitled by
virtue of being born in a family. The fundamental rationale behind the concept of human rights is
that each person is a moral and rational being who deserves to be treated with dignity and
respect.

Human rights are based on equality – and its basic philosophy strikes at the root of
discrimination against humans. The Preamble to the Universal Declaration of Human Rights
states: “Recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world.”

Human rights are supposed to negate gender inequality and discrimination – but in the
case of women, the reality is often divorced from the theoretical concepts and ideal perceptions.
Women form one of the most vulnerable sections of society, and they have been facing violence
and discrimination since times immemorial. Women often bear the brunt of hypocrisy and
discrimination, right from the moment they are conceived in their mothers’ wombs. Then, they

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have to face it in the different stages of their lives – as daughters, as sisters, as wives, as mothers,
and above all, as women.

Violence against women is a universal issue and a direct violation of their basic human
rights. There are many forms of violence directed against women which have been condemned
globally. However, one certain type of violence (domestic violence) has not been condemned
with the severity it merits. Instead, it is actually accepted as a social norm in many parts of the
world.

Domestic violence against women means any act of violence that is directed against
women in a domestic setting. It may be physical, sexual, psychological or economic violence or
the threat of such violence inflicted against her – by a person intimately connected to her through
marriage or family relations with the intention of subduing her or controlling her. Earlier, it was
often considered to be a private/individual matter, but it is actually a social disease – the
consequence of the established gender inequality within the society, buttressed by existing
structures of power in gender relations, entrenched by traditional educational systems, ingrained
by religious and dogmatic beliefs and media influences.

Domestic violence shakes the very foundation of society, and stands as an obstacle to the
achievement of equality, development and peace. It is not merely a physical form of violence,
which leaves behind only physical injuries. It is also an emotional, psychological pattern of
violence which devastates and destroys the identity and person-hood of a woman. It eats at her
dignity and erodes her self-worth in the long term. Domestic violence by an intimate partner has
harmful effects on a woman’s sexual and reproductive health – like unwanted pregnancies
gynecological disorders, physical injury to private parts and large-scale impacts on mental
health.

Measures against domestic violence are implicitly mentioned in each and every global
convention and declaration that seeks an end to violence against women and exhorts equality
among humans. It is implicit in:

1. Articles 1, 5, 16 and 23 of the Universal Declaration of Human Rights, 1948

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 2. Article 4(c) of the Declaration on the Elimination of Violence against Women
(DEVAW). 

Domestic violence violates a woman’s right to a dignified life, her rights against torture and
inhuman treatment, her right to liberty and security, and her right against all forms of
discrimination. Now, it is widely treated as a human rights issue which violates the basic rights
of women.

Ending domestic violence is a long-term aim achievable only through individual daily efforts
for non-violent behavior and peaceful resolution of conflicts. An atmosphere of no tolerance
against this violence needs to be created. People need to be made aware of this menace by
properly educating and sensitizing them about the issue.

Also, severe action should be taken against culprits. Faster remedies need to be provided to
people who face such violence. Until an all-around strategy is adopted, the prevention of
domestic violence will remain an elusive dream.