Domestic Violence in India

What counts as abuse

Violence against women – particularly intimate partner violence and sexual violence – is a major public health problem and a violation of women's human rights. globally about 1 in 3 (30%) of women worldwide have been subjected to either physical and/or sexual intimate partner violence or non-partner sexual violence in their lifetime. Most of this violence is intimate partner violence. Worldwide, almost one third (27%) of women aged 15-49 years who have been in a relationship report that they have been subjected to some form of physical and/or sexual violence by their intimate partner. Violence can negatively affect women’s physical, mental, sexual, and reproductive health, and may increase the risk of acquiring HIV in some settings. Violence against women is preventable. The health sector has an important role to play to provide comprehensive health care to women subjected to violence, and as an entry point for referring women to other support services they may need.

Factors associated with intimate partner violence and sexual violence against women Intimate partner and sexual violence is the result of factors occurring at individual, family, community and wider society levels that interact with each other to increase or reduce risk (protective). Some are associated with being a perpetrator of violence, some are associated with experiencing violence and some are associated with both. Risk factors for both intimate partner and sexual violence include: lower levels of education (perpetration of sexual violence and experience of sexual violence); a history of exposure to child maltreatment (perpetration and experience); witnessing family violence (perpetration and experience); antisocial personality disorder (perpetration); harmful use of alcohol (perpetration and experience); harmful masculine behaviours, including having multiple partners or attitudes that condone violence (perpetration); community norms that privilege or ascribe higher status to men and lower status to women; low levels of women’s access to paid employment; and low level of gender equality (discriminatory laws, etc.). Factors specifically associated with intimate partner violence include: past history of exposure to violence; marital discord and dissatisfaction; difficulties in communicating between partners; and male controlling behaviours towards their partners. Factors specifically associated with sexual violence perpetration include: beliefs in family honour and sexual purity; ideologies of male sexual entitlement; and weak legal sanctions for sexual violence. Gender inequality and norms on the acceptability of violence against women are a root cause of violence against women. Health consequences Intimate partner (physical, sexual and psychological) and sexual violence cause serious short- and long-term physical, mental, sexual and reproductive health problems for women. They also affect their children’s health and well-being. This violence leads to high social and economic costs for women, their families and societies. Such violence can: Have fatal outcomes like homicide or suicide. Lead to injuries, with 42% of women who experience intimate partner violence reporting an injury as a consequence of this violence (3). Lead to unintended pregnancies, induced abortions, gynaecological problems, and sexually transmitted infections, including HIV. WHO's 2013 study on the health burden associated with violence against women found that women who had been physically or sexually abused were 1.5 times more likely to have a sexually transmitted infection and, in some regions, HIV, compared to women who had not experienced partner violence. They are also twice as likely to have an abortion (3). Intimate partner violence in pregnancy also increases the likelihood of miscarriage, stillbirth, pre-term delivery and low birth weight babies. The same 2013 study showed that women who experienced intimate partner violence were 16% more likely to suffer a miscarriage and 41% more likely to have a pre-term birth (3). These forms of violence can lead to depression, post-traumatic stress and other anxiety disorders, sleep difficulties, eating disorders, and suicide attempts. The 2013 analysis found that women who have experienced intimate partner violence were almost twice as likely to experience depression and problem drinking. Health effects can also include headaches, pain syndromes (back pain, abdominal pain, chronic pelvic pain) gastrointestinal disorders, limited mobility and poor overall health. Sexual violence, particularly during childhood, can lead to increased smoking, substance use, and risky sexual behaviours. It is also associated with perpetration of violence (for males) and being a victim of violence (for females). Impact on children Children who grow up in families where there is violence may suffer a range of behavioural and emotional disturbances. These can also be associated with perpetrating or experiencing violence later in life. Intimate partner violence has also been associated with higher rates of infant and child mortality and morbidity (through, for example diarrhoeal disease or malnutrition and lower immunization rates). Social and economic costs The social and economic costs of intimate partner and sexual violence are enormous and have ripple effects throughout society. Women may suffer isolation, inability to work, loss of wages, lack of participation in regular activities and limited ability to care for themselves and their children.  

 

Prevention and response

Health sector has an important role to play  as 

violence against women requires a multi-sectoral approach, 

 The health sector can: advocate to make violence against women unacceptable and for such violence to be addressed as a public health problem; provide comprehensive services, sensitize and train health care providers in responding to the needs of survivors holistically and empathetically; prevent recurrence of violence through early identification of women and children who are experiencing violence and providing appropriate referral and support; promote egalitarian gender norms as part of life skills and comprehensive sexuality education curricula taught to young people; and generate evidence on what works and on the magnitude of the problem by carrying out population-based surveys, or including violence against women in population-based demographic and health surveys, as well as in surveillance and health information systems. 

 

RESPECT women – a framework for preventing violence against women aimed at policy makers, As  Framed by WHO & 12 other UN and bi-lateral agencies, Published in.

Respect women, preventing violence against women

 

Domestic Violence Awareness: A Legal and Human Rights Perspective

 Domestic violence remains one of the most pervasive yet under-reported violations of human dignity. It is not confined to any particular social or economic class; rather, it permeates households across the globe, silencing victims under the veil of family honour and societal pressure. In India, the issue has received legislative recognition through the Protection of Women from Domestic Violence Act, 2005 (PWDVA), but the road to complete justice requires consistent awareness, implementation, and support. Legal scholars such as Flavia Agnes and authors like Kimberlé Crenshaw have highlighted how domestic violence is not merely a private wrong but a public issue that challenges the very fabric of constitutional equality and dignity. Reports of the UN Special Rapporteur on Violence Against Women and commentaries in leading works like Women and Law in India (Agnes, 1999) echo the necessity of state intervention in the family sphere, which has often been immune from scrutiny. Why the Act as per Law? The PWDVA, 2005 was enacted to provide a civil remedy for women who are subjected to violence within the family. Prior to its enactment, women largely had to rely on provisions of the Indian Penal Code, such as Section 498-A, which criminalises cruelty by the husband or his relatives. However, criminal law alone was inadequate, as it failed to provide immediate relief like residence rights, protection orders, or monetary maintenance. The Act, therefore, embodies a rights-based approach to domestic violence, recognising it not merely as a crime but also as a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution of India. What Are Victims Undergoing? Victims of domestic violence undergo a cycle of abuse—physical, emotional, sexual, and economic. Many studies, including those cited in the National Family Health Survey (NFHS-5, 2019-21), reveal alarming statistics: nearly one in three married women in India has experienced spousal violence. The trauma is not limited to bodily harm; it often leads to: • Psychological suffering such as depression, anxiety, and post-traumatic stress. • Economic deprivation, where women are denied financial independence or basic sustenance. • Social alienation, due to stigma attached to speaking against family members. • Intergenerational impact, as children exposed to domestic violence often suffer long-term developmental harm. This suffering is what Justice Krishna Iyer described as the “invisible violence” of the private sphere, which the law must bring to light. Rights and Remedies Available to Victims The PWDVA provides a comprehensive mechanism for victims to secure immediate and long-term relief: 1. Right to Protection Orders – Restraining the abuser from committing further acts of violence. 2. Right to Residence – A woman cannot be evicted from the shared household, regardless of ownership. 3. Right to Monetary Relief – Compensation for medical expenses, loss of earnings, and maintenance. 4. Right to Custody Orders – Granting temporary custody of children. 5. Right to Compensation Orders – For physical and mental injuries suffered. Additionally, remedies under other laws exist: • Section 498-A IPC (criminal liability for cruelty). • Dowry Prohibition Act, 1961 (protection against dowry harassment). • Indian Divorce Act, Hindu Marriage Act, etc. (civil relief through divorce, maintenance, etc.). Role of the Human Rights Commissions The National Human Rights Commission (NHRC) and the State Human Rights Commissions (SHRCs) play a crucial role in strengthening the enforcement of women’s rights. Their functions include: • Monitoring implementation of laws and schemes relating to protection of women. • Intervening in cases of gross human rights violations, including domestic violence. • Recommending systemic reforms such as safe shelter homes, counselling facilities, and legal aid cells. • Conducting awareness programs to break the culture of silence surrounding domestic violence. Domestic violence is not a private issue—it is a constitutional and human rights concern. As jurists and social activists have consistently reminded us, “justice begins at home.” The law provides robust remedies, but unless women are empowered to seek them, the protection remains on paper. Advocates, judges, commissions, and civil society must together ensure that every woman lives free from violence, with dignity intact. True justice, therefore, lies not only in punishing the abuser but also in restoring the victim’s autonomy, equality, and humanity. The fight against domestic violence is a fight for the soul of constitutional morality itself. 

 

 

Legal Protection and women rights in India

What is domestic violence? In general terms, Domestic Violence is a behavioral pattern in a relationship that is used to to gain or maintain power and control over an intimate partner. Abuse is physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This includes any behaviors that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure, or wound someone. Domestic abuse can happen to anyone of any race, age, sexual orientation, religion, or gender. It can occur within a range of relationships including couples who are married, living together or dating. Domestic violence affects people of all socioeconomic backgrounds and education levels. Need for protection The act was formulated by the Parliament on the 13th of September, 2005 to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto. Domestic violence as defined under law The Protection of Women from Domestic Violence Act, 2005 popularly referred to as the DV Act was introduced to safe guard women from domestic violence in shared households. Domestic violence is defined under Section 3 of the DV Act as under: 3. Definition of domestic violence.—For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it— (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 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. Explanation I.—For the purposes of this section,— • “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; • “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; • “verbal and emotional abuse” includes— (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested; • “economic abuse” includes— • deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, house hold necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared house hold and maintenance; • disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and • prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household. Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration. Shared household is defined as under: (s) “shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a house hold whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household; Domestic relationship is defined as under: (f) “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 the nature of marriage, adoption or are family members living together as a joint family; In simple terms, as per the DV Act, domestic violence is faced by women who are subjected to any physical, sexual, verbal, emotional and economic abuse in a shared household with the husband of the aggrieved person and the relatives of the husband in certain cases. For one to realize and understand if they are being subjected to Domestic Violence, the aggrieved person would likely to seek legal help or read Section 3 of the DV Act, and understand if the abuse faced by them that are either in the form of physical, sexual, verbal, emotional or economic in nature. If yes, and the aggrieved person feels that the nature of abuse is as defined under the act, the aggrieved person’s would ideally seeks help from the following forums given below.

 

Factors associated with intimate partner violence and sexual violence against women Intimate partner and sexual violence is the result of factors occurring at individual, family, community and wider society levels that interact with each other to increase or reduce risk (protective). Some are associated with being a perpetrator of violence, some are associated with experiencing violence and some are associated with both. Risk factors for both intimate partner and sexual violence include: lower levels of education (perpetration of sexual violence and experience of sexual violence); a history of exposure to child maltreatment (perpetration and experience); witnessing family violence (perpetration and experience); antisocial personality disorder (perpetration); harmful use of alcohol (perpetration and experience); harmful masculine behaviours, including having multiple partners or attitudes that condone violence (perpetration); community norms that privilege or ascribe higher status to men and lower status to women; low levels of women’s access to paid employment; and low level of gender equality (discriminatory laws, etc.). Factors specifically associated with intimate partner violence include: past history of exposure to violence; marital discord and dissatisfaction; difficulties in communicating between partners; and male controlling behaviours towards their partners. Factors specifically associated with sexual violence perpetration include: beliefs in family honour and sexual purity; ideologies of male sexual entitlement; and weak legal sanctions for sexual violence. Gender inequality and norms on the acceptability of violence against women are a root cause of violence against women. Health consequences Intimate partner (physical, sexual and psychological) and sexual violence cause serious short- and long-term physical, mental, sexual and reproductive health problems for women. They also affect their children’s health and well-being. This violence leads to high social and economic costs for women, their families and societies. Such violence can: Have fatal outcomes like homicide or suicide. Lead to injuries, with 42% of women who experience intimate partner violence reporting an injury as a consequence of this violence (3). Lead to unintended pregnancies, induced abortions, gynaecological problems, and sexually transmitted infections, including HIV. WHO's 2013 study on the health burden associated with violence against women found that women who had been physically or sexually abused were 1.5 times more likely to have a sexually transmitted infection and, in some regions, HIV, compared to women who had not experienced partner violence. They are also twice as likely to have an abortion (3). Intimate partner violence in pregnancy also increases the likelihood of miscarriage, stillbirth, pre-term delivery and low birth weight babies. The same 2013 study showed that women who experienced intimate partner violence were 16% more likely to suffer a miscarriage and 41% more likely to have a pre-term birth (3). These forms of violence can lead to depression, post-traumatic stress and other anxiety disorders, sleep difficulties, eating disorders, and suicide attempts. The 2013 analysis found that women who have experienced intimate partner violence were almost twice as likely to experience depression and problem drinking. Health effects can also include headaches, pain syndromes (back pain, abdominal pain, chronic pelvic pain) gastrointestinal disorders, limited mobility and poor overall health. Sexual violence, particularly during childhood, can lead to increased smoking, substance use, and risky sexual behaviours. It is also associated with perpetration of violence (for males) and being a victim of violence (for females). Impact on children Children who grow up in families where there is violence may suffer a range of behavioural and emotional disturbances. These can also be associated with perpetrating or experiencing violence later in life. Intimate partner violence has also been associated with higher rates of infant and child mortality and morbidity (through, for example diarrhoeal disease or malnutrition and lower immunization rates). Social and economic costs The social and economic costs of intimate partner and sexual violence are enormous and have ripple effects throughout society. Women may suffer isolation, inability to work, loss of wages, lack of participation in regular activities and limited ability to care for themselves and their children.