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Victim of Domestic Violence | Legal Consultancy

18 hours ago 236 Reads 7 min read
Satyapal Aggarwal Legal 03 Feb 2021
Victim of Domestic Violence | Legal Consultancy

Domestic Violence is a type of violence committed by a partner, ex-partner, family members, other relatives, and family friends in the victim's domestic circle.

What are the types of abuse in domestic violence:

domestic violence - types of abuses in India

Basically, It is a pattern of abusive behavior in any relationship and the following are the types of abuses reported in India.

1. Physical Abuse

It includes hitting, biting, slapping, beating, punching, pulling hair, burning, chopping, pinching, etc, and also includes depriving someone of medical treatment and forcing someone to use drugs/alcohol.

2. Sexual Abuse

It occurs when the abuser forces the victim to do sexual contact or sexual behavior without the consent of the victim. It often takes the form of assault on sexual body parts, physical violence followed by forced sex, sexual harassment, or even sexual jokes at the victim's expense.

3. Emotional abuse

It includes disregarding the victim's sense of self-worth and takes in the form of constant criticism, name-calling, injuring the victim's relationship with their children, or interfering with the victim's abilities.

4. Economic abuse

It occurs when the abuser tries to make the victim financially dependent. Economic abusers often seek to maintain total control over financial resources, prevent access to victims' funds, or prevent a victim from going to school or work.

5. Psychological abuse

It involves the threatening to physically hurt himself/herself,  injuring the pets, separating the victim from loved ones, destruction of property, and preventing the victim from going to work or school.

6. Honor killing

It is a practice in which a person is killed by one or more family members because he or she is believed to be a shame to the family. It includes having sex outside marriage, beginning divorce proceedings, engaging in homosexual relationships, be in a relationship that has been disapproved by the family,  refusing to enter an arranged marriage.
7. Bride burning

It means some newly married brides become victims of domestic violence because of physical abuse, harassment. And some cases end in suicides by fire, hanging, or self-poisoning.

Who are the victims of Domestic Violence:

violence-against-women

Domestic violence includes the victims including anyone regardless of education, age, gender, religion. Domestic violence was previously called abuse of wife but now wives are not the only ones who can be victims of domestic violence in India.

Recommended read: Surge In Domestic Violence Amid Covid-19 Lockdown

The following can be the victims of domestic violence in India:

  1. Spouses
  2. Family Members
  3. Children
  4. Sexual/Dating/Intimate Partners

How to Recognize a Victim of Domestic Violence Around You

/recognise-a-victim-of-domestic-violence

Identifying domestic violence at first will not be easy. Some relationships are clearly abusive from the beginning, the abuse often begins subtly and worsens over time. If someone around you or you are a victim then domestic violence is recognized by, if someone:

  1. Tries to control in the matter of spending money, where to go, what medicines you take, or what you wear.
  2. Discourages you from going to a school, job, or meeting friends and family members.
  3. Hits, slaps, kicks, insults, hurts, chokes, or puts you down.
  4. Forces you to have sex or act sexually against your will.
  5. Tells you that you deserve the violent behavior and blames you for this behavior.

How to Learn the Warning Signs of a Victim in domestic violence

You should know the following warning signs of domestic abuse:

victim of domestic violence in india


Physical Signs of domestic abuse:

  1. Busted lips
  2. Black eyes
  3. Bruises on the arms
  4. Sprained wrists
  5. Red or purple marks on the neck

Emotional Signs of domestic abuse:

  1. Low self-esteem
  2. Overly apologetic or meek
  3. Fearful
  4. Substance abuse
  5. Symptoms of depression
  6. Changes in sleeping or eating patterns
  7. Anxious or on edge
  8. Talking about suicide
  9. Loss of interest in once enjoyed activities and hobbies

Behavioral Signs of domestic abuse:

  1. Being late often
  2. Becoming withdrawn or distant
  3. Canceling appointments or meetings at the last minute
  4. Isolating themselves from friends and family
  5. Excessive privacy concerning their personal life

Sexual Signs of domestic abuse:

  1. Makes you dress in a sexual way
  2. Forces you to have sex
  3. Won’t use condoms or other birth control

How to help a victim of domestic violence in India:

If you know someone, who is a victim of domestic violence, then you should help them in the following ways:

1. Spend Time With Them

Being involved can put you in danger when the temper is raging. Besides, be sure to spend sufficient time with the victim to open.  If the person decides to overcome years of fear and frustration, you do not have to end the conversation because you have another commitment.

2. Listen Without Judgment

If the person decides to listen to the story without talking, deciding, advising, or suggesting a solution. Chances are if you listen actively, the person will tell you exactly what they need. Just give the person full opportunity to talk. You can ask obvious questions, but mainly let the person take out their feelings and fears. You may be the first person whom the victim has accepted.

How to Validate the Victim's Feelings

To express conflicting feelings about their partner and their situation is not uncommon for victims.

The following are the feelings:

  1. Hope and despair
  2. Guilt and anger
  3. Love and fear

If you want to help, you must validate his feelings by stating that it is normal to have these conflicting views. But it is also important that you confirm that violence is not good and that it is not normal to live in fear of being physically attacked. Some victims do not realize that their situation is unusual because they have no other model for relationships and have gradually become accustomed to a cycle of violence. You should tell the victim that abuse is not a part of the relationship. You should ensure them that you are concerned for their safety and don't confirm that their situation is dangerous without judging them.

Basic Questions Asked on MyfitBrain regarding Domestic Violence are:

Que: What is the domestic violence act for Women in India?

Ans: Protection Of Women From Domestic Violence Act 2005 (PWDVA).

Que: What is the punishment for dowry as domestic violence in India?

Ans: According to the Dowry Prohibition Act 1961, “ It prohibits the request, payment or acceptance of a dowry, "as consideration for the marriage", where "dowry" is defined as a gift demanded or given as a precondition for a marriage” And the punishment for asking or giving dowry is imprisonment of up to six months, or a fine considering the level crime.

Que: How to file a domestic violence case against your husband?

Ans: According to the 498-A of IPC(Indian Penal Code), “This section deals with the cruelty of husband or of the family towards the married women” the punishment for this crime is 3 years imprisonment and a fine considering the level of crime.

Que: How to stop domestic violence in India?

Ans: To stop domestic violence in India, “We need to spread Awareness Campaigns, Need for more strict laws, Non-Government organizations, Seek Police Help, Counselling, etc.

Que: How to report domestic violence in India?

Ans: In case you want to help someone or you are a victim:

  1. Central Social Welfare Board, Police Helpline - Call 1091 or 1291 
  2. Shakti Shalini -  Call 10920
  3. Shakti Shalini - women's shelter - Call (011) 24373736/ 24373737
  4. SAARTHAK - Call (011) 26853846/ 26524061
  5. All India Women's Conference - Call 10921/ (011) 23389680

Final Words:

Finally, I can say that domestic violence includes emotional, economical sexual, psychological, and physical abuse and threats of abuse. Domestic violence happens at all levels in society and all population groups. Men, women, children, and elderly people are the victims of domestic violence but women are the biggest victims of domestic violence. If your friend faces such problems then you should ensure that you provide support to them and continue to provide a loving friendship.

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