Domestic Violence
Domestic violence in India includes any form of violence suffered by a person from a biological relative but typically is the violence suffered by a woman by male members of her family or relatives. Although Men also suffer Domestic violence, the law under IPC 498A specifically protects only women. Specifically only a woman can file a case of domestic violence. According to a National Family and Health Survey in 2005, total lifetime prevalence of domestic violence was 33.5% and 8.5% for sexual violence among women aged 15–49. A 2014 study in The Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means that the violence affects 27.5 million women over their lifetimes. However, an opinion survey among experts carried out by the Thomson Reuters Foundation ranked India as the most dangerous country in the world for women.
The 2012 National Crime Records Bureau report of India states a reported crime rate of 46 per 100,000, rape rate of 2 per 100,000, dowry homicide rate of 0.7 per 100,000 and the rate of domestic cruelty by husband or his relatives as 5.9 per 100,000. These reported rates are significantly smaller than the reported intimate partner domestic violence rates in many countries, such as the United States (590 per 100,000) and reported homicide (6.2 per 100,000 globally), crime and rape incidence rates per 100,000 women for most nations tracked by the United Nations.
There are several domestic violence laws in India. The earliest law was the Dowry Prohibition Act 1961 which made the act of giving and receiving dowry a crime. In an effort to bolster the 1961 law, two new sections, Section 498A and Section 304B were introduced into the Indian Penal Code in 1983 and 1986. The most recent legislation is the Protection of Women from Domestic Violence Act (PWDVA) 2005. The PWDVA, a civil law, includes physical, emotional, sexual, verbal, and economic abuse as domestic violence.
Protection of Women from Domestic Violence Act 2005
Domestic violence is currently defined in India by the Protection of Women from Domestic Violence Act of 2005. According to Section 3 of the Act, “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
2005 it was made illegal Jammu and Kashmir, which has its own laws, has enacted in 2010 the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010.
The National Family Health Survey of India in 2006 estimated the lifetime prevalence of sexual violence among women aged 15–49, including instances of marital rape in India. The study included in its definition of “sexual violence” all instances of a woman experiencing her husband “physically forcing her to have sexual intercourse with him even when she did not want to; and, forcing her to perform any sexual acts she did not want to”. The study sampled 83,703 women nationwide, and determined that 8.5% of women in the 15–49 age group had experienced sexual violence in their lifetime. This figure includes all forms of forced sexual activity by husband on wife, during their married life, but not recognized as marital rape by Indian law.
The 2006 NFHS study reported sexual violence to be lowest against women in the 15–19 age group, and urban women reporting 6% lifetime prevalence rate of sexual violence, while 10% of rural women reported experiencing sexual violence in their lifetime. Women with ten years of education experienced sharply less sexual violence, compared to women with less education. The total of some 83703 women took part and of 67426 Hindu women who took part in it 22453, that is equal to 33.3% respondents said yes to being physically abused at their home, similar is the case of Buddhist women where 40% women said yes to being physically abused.
The credibility of the Report is in question as it is not clear which section of the society was interviewed. As the same report suggests that domestic abuse against women in poorer families was far higher than the middle or upper class.
A 2014 study in The Lancet states, “Whereas an 8.5% prevalence of sexual violence in the country [India] is among the lowest in the world, it is estimated to affect 27.5 million women in India [given India’s large population]”. Further, the 2006 survey found that 85% of women who suffered sexual violence, in or outside of marriage, never sought help, and only 1% report it to the police.
Renuka Chowdhury, former Union minister for Women and Child Development, stated in 2006, that around 70% of women in India are victims of domestic violence. However her statistics were disputed by Save Indian Family Foundation, stating that Renuka Chowdhury talked about the reported dowry death cases and deliberately avoided mentioning the actual convictions in “dowry death trials” after false cases are dismissed in the courts. According to a BBC report, in 2013, around 309,546 crimes were reported against women of which 118,866 were for domestic violence alone.
Physical injury is the most visible form of domestic violence. The scope of physical domestic/intimate partner violence includes slapping, pushing, kicking, biting, hitting, throwing objects, strangling, beating, threatening with any form of weapon, or using a weapon. Worldwide, the percentage of women who suffer serious injuries as a result of physical domestic violence tends to range from 19% – 55%. Physical injuries as a result of domestic violence against women are more obvious than psychological ones, and can be more easily discerned by health professionals as well as courts of law in the context of legal prosecution.
Emotional abuse has been gaining more and more recognition in recent years as an incredibly common form of domestic violence (and therefore a human rights abuse) within the private home throughout developing nations such as India. Psychological abuse can erode a woman’s sense of self-worth and can be incredibly harmful to overall mental and physical wellbeing. Emotional/psychological abuse can include harassment; threats; verbal abuse such as name-calling, degradation and blaming; stalking; and isolation.
Women who experience domestic violence overwhelmingly tend to have greater overall emotional distress, as well as disturbingly high occurrences of suicidal thoughts and attempts. According to a study by the National Centre for Biotechnology Information, suicide attempts in India are correlated with physical and psychological intimate partner violence. Of the Indian women who participated in the study, 7.5% reported attempting suicide. This correlation is supported by the high rates of domestic violence in India, although the rates differ greatly by region, individual socioeconomic status and other factors.
Further information: Rape in India
Domestic sexual assault is a form of domestic violence involving sexual/reproductive coercion and marital rape. Under Indian law, marital rape is not a crime, except during the period of marital separation of the partners.
The Section 375 of the Indian Penal Code (IPC) considers the forced sex in marriages as a crime only when the wife is below 15. Thus, marital rape is not a criminal offense under IPC. The marital rape victims have to take recourse to the Protection of Women from Domestic Violence Act 2005 (PWDVA). The PWDVA, which came into force in 2006, outlaws marital rape. However, it offers only a civil remedy for the offence.
An honor killing is the practice wherein an individual is killed by one or more family member(s), because he or she is believed to have brought shame on the family. The shame may range from refusing to enter an arranged marriage, having sex outside marriage, being in a relationship that is disapproved by the family, starting a divorce proceeding, or engaging in homosexual relations.
In 2010, the Supreme Court of India issued notice seeking data and explanation for rise in honor killings to the states of Punjab, Haryana, Bihar, Uttar Pradesh, Rajasthan, Jharkhand, Himachal Pradesh and Madhya Pradesh.
Bride burning
In almost all Hindu families, the ritual of taking dowry has caused a serious problem. A newly married brides suffer domestic violence in the form of harassment, physical abuse or death when she is thought to have not brought enough dowry with marriage. Some cases end up in suicides by hanging, self-poisoning or by fire. In dowry deaths, the groom’s family is the perpetrator of murder or suicide.
According to Indian National Crime Record Bureau, in 2012, 8,233 dowry death cases were reported across India, or dowry issues cause 1.4 deaths per year per 100,000 women in India. For contextual reference, the United Nations reports a worldwide average female homicide rate of 3.6 per 100,000 women, and an average of 1.6 homicides per 100,000 women for Northern Europe in 2012.
Dowry deaths in India are not limited to any specific religion, and it is found among Hindus, Muslims, Sikhs and others. Some 80% of the total Dowry related crime found in the Hindu community followed by other Indian Religions as giving Dowry is considered as an important ritual in the traditional Hindu marriage. Furthermore, in many parts of India the Ritual of Tilak(Engagement)done mostly in Hindu families is used by Groom’s Family to Demand a huge sum of money.
The Dowry Prohibition Act 1961, 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. Gifts given without a precondition are not considered dowry and are legal. Asking or giving of dowry can be punished by imprisonment of up to six months or a fine. It replaced several pieces of anti-dowry legislation that had been enacted by various Indian states. Murder and suicide under compulsion are addressed by India’s criminal penal code. The law was made more stringent with Section 498a of Indian Penal Code (enacted in 1983). Under the Protection of Women from Domestic Violence Act 2005 (PWDVA), a woman can seek help against dowry harassment by approaching a domestic violence protection officer.
At Justice For India Foundation, we are deeply committed to combating domestic violence and dowry abuse, two interrelated issues that continue to inflict suffering and injustice on countless individuals, particularly women, around the world. Our mission is to tackle these critical issues through a comprehensive approach that emphasizes prevention, support, and systemic change.
Understanding Domestic Violence and Dowry Abuse
Domestic violence encompasses physical, emotional, and psychological abuse within the home, often perpetrated by intimate partners or family members. It is a pervasive issue that affects individuals across all socio-economic and cultural backgrounds. Dowry abuse, closely linked to domestic violence, involves the mistreatment and exploitation of individuals—particularly women—related to dowry demands during or after marriage. Both forms of abuse undermine human dignity and contribute to long-term harm.
Our Approach
01. Prevention and Awareness: Preventing domestic violence and dowry abuse begins with education and awareness. We conduct extensive outreach programs to educate communities about the signs of abuse, legal rights, and available resources. Through workshops, seminars, and public campaigns, we aim to challenge and change harmful cultural norms and attitudes that perpetuate violence and dowry demands. Our prevention efforts also focus on engaging with schools, community leaders, and local organizations to foster a culture of respect and equality.
02. Support Services: Providing immediate and long-term support for survivors is central to our work. We offer a range of services designed to help individuals escape abusive situations and begin their journey to recovery. Our support services include safe shelters, legal aid, counseling, and medical care. We also provide resources such as financial assistance and job training to help survivors regain independence and stability. By addressing both the immediate and ongoing needs of survivors, we aim to empower them to rebuild their lives with dignity and confidence.
03. Legal Advocacy and Reform: Addressing domestic violence and dowry abuse requires strong legal frameworks and effective enforcement. We advocate for comprehensive laws and policies that protect individuals from abuse and ensure justice. Our efforts include lobbying for better legal protections, supporting survivors through the legal process, and working with law enforcement to improve their response to domestic violence and dowry-related cases. By promoting legal reform and accountability, we strive to create a safer and more just environment for all.
04. Community Engagement and Empowerment: Engaging with communities is essential to creating lasting change. We work closely with community leaders, local organizations, and advocacy groups to address domestic violence and dowry abuse at the grassroots level. Our community empowerment programs aim to build local capacity to prevent abuse, support survivors, and promote gender equality. By fostering community involvement and collaboration, we enhance our impact and create sustainable solutions.
05. Training and Capacity Building: Effective intervention requires well-trained professionals. We offer training programs for healthcare providers, social workers, law enforcement officers, and other professionals to enhance their ability to recognize and respond to domestic violence and dowry abuse. Our training focuses on best practices for supporting survivors, understanding trauma, and ensuring a victim-centered approach. By building capacity within various sectors, we improve the overall response to abuse and support services.
06. Monitoring and Evaluation: To ensure the effectiveness of our programs and continuously improve our services, we implement rigorous monitoring and evaluation processes. We collect and analyze data on the outcomes of our interventions, assess the impact of our programs, and use this information to refine our strategies. Transparency and accountability are key to our approach, allowing us to measure progress and make informed decisions.
Get Involved
Addressing domestic violence and dowry abuse is a shared responsibility that requires collective action and support. At Justice For India Foundation, we invite individuals, communities, and organizations to join us in this vital mission. Your support—whether through donations, volunteering, or advocacy—can make a significant difference in our efforts to combat abuse and provide hope and healing to those affected.
Together, we can create a world where everyone is free from violence and exploitation, and where every person is valued and respected. Join us in our fight against domestic violence and dowry abuse and help us build a safer, more equitable future for all.
