“Not all men practice violence against women but all women live with the threat of male violence every single day. All over the Earth.”
― Fuad Alakbarov
The following research study is given here as a means of initiating discussion regarding possible legal remedies for violence against women. In this context, the various legal issues that can be resolved through the judicial system have been outlined. Even when it isn't the primary issue at hand, we want to bring attention to how much of an impact violence has on legal disputes. Sadly, this is something that is commonly disregarded as irrelevant. This article presents instances of a variety of legal remedies before moving on to address legal solutions that have been or might be beneficial in situations where violence is the primary issue. As these two condensed case studies make clear, a function can also be played by[1] other subfields of law in addition to criminal law and quasi-criminal law. The cases that are reviewed in this paper are ones in which violence did not play a direct role in the legal proceedings but was nevertheless an underlying component of the case. Even if violence wasn't a primary focus of the court's deliberations in these cases, it's clear from the outcome that it played a role.
Violence against women is now widely recognised as a public health issue and a human rights violation with far-reaching consequences. It's a major contributor to the decline in women's health, affecting their bodily as well as mental well-being. Understanding the scope and nature of the many forms of violence perpetrated against women is essential. Clear definitions are essential in order to compare data from diverse research and build a knowledge base that will allow us to identify the various and overlapping ways in which violence against women occurs, as well as what measures may serve to avoid it and respond to its effects. In order to compare data from various studies, it is necessary to have these definitions.
However, despite the start of a new millennium, India's patriarchal society has continued to oppress and mistreat women since the dawn of civilization. The fact that we've entered a new century does not change that. As a result of her helplessness and vulnerability, she is used on a daily basis and faces gender bias in every setting. As a result of widespread gender-based violence, women's rights and well-being are under constant threat..
According to historical records, ancient Indian women suffered a wide range of physical and sexual abuse. Dropti is mentioned in the [2]Mahabharata as a victim of brutality. Duryodhana ordered his brother Dushasan to strip Dropti naked in the royal palace when Yudhishtir gambled his wife Dropti in a gambling game and lost. Despite Dushasan's best efforts, Lord Krishna intervened and spared the life of Dropti. Devaki's seven newborn babies died as a result of Kans' negligence. Even in the most developed countries, violence against women and girls is still a major public health concern that impacts them more than males.
There are two incidences that should be brought up when discussing issues of violence against women and mental illness. An American couple's turbulent marriage was made public after a 1993 event when the wife slashed her husband's penis with a knife, which was dubbed the "Bobbitt" case. After that, a penis reattachment operation was carried out. The woman's spouse allegedly subjected her to sexual, physical, and mental abuse, made light of his extramarital affairs, and pressured her into obtaining an abortion during the course of their relationship. Another allegation made by his spouse was the one about his extramarital activities. Because she had been abused, her lawyer suggested that she was suffering from clinical depression and probably post-traumatic stress disorder. The jury found her not guilty because she was mentally ill and hence unable to control her desire to sexually abuse her husband. It was impossible to hold her accountable for her actions because of this.
Social Security
Many regulations, particularly those relating to housing and social security, must be reevaluated in order for a coordinated response to domestic abuse to be effective. There are numerous ways in which a prior history of or current fear of violence can affect one's eligibility for social security benefits. Solo parents who were previously in an abusive relationship may be too terrified of the other parent to pursue child support from the violent ex-partner.. The Department of Social Security has recognised this as a valid ground for an exemption from the requirement to obtain support from her former spouse in its recommendations. Exemptions may be granted if the former partner is unable or unwilling to give financial help, according to the rules of divorce. A further risk for women is that they may be underpaid for benefits to which they are not entitled because of the influence of their male partners. According to the Commission, it has been noted that women who fear violence from their ex-partner may be more likely to plead guilty when faced with criminal charges related to overpayments.
When a lady filed a guilty plea, she believed that doing so would keep her ex-boyfriend from finding out where she was. She would have been freed without facing any consequences if the matter had gone to trial with her prepared to submit a not guilty plea. According to this study, it appears that men's aggression against women (and children) may have an important role in the context of a case, even though it is not formally an issue for decision-making. Employees at the Social Security Administration are being trained on how to deal with customers who have been the victims of violence. Despite the fact that the effects of violence on clients are well known, this acknowledgment has yet to be included into the legislation that governs entitlements.
WOMENS' VIOLENCE AGAINST WOMEN: A GUIDELINE FOR PROCEDURES
According to the World Health Organization's report on violence and health, there are three basic categories of violence based on who does the violent act. Individual violence, interpersonal violence, and collective aggression all fall under these broad headings. As a result, it provides an accurate depiction of the nature of the violence, which may involve physical, sexual, or psychological abuse, as well as deprivation or neglect.
There are many sorts of violence in today's culture, and this taxonomy takes a comprehensive look at each one. People of various ages and phases of life can benefit from it. Although women are subjected to a variety of violence, the most common kind of violence against women is interpersonal violence, which is harm done on a woman by another individual or a small group of individuals. Family and intimate partner violence, as well as communal violence, are further subcategories of domestic violence. Instead of taking place between family members or intimate partners, communal violence occurs between strangers who may or may not know one another. It might take place in public or private places. As an added bonus, it takes place somewhere else than the house.
Women of childbearing age and beyond are particularly vulnerable to many forms of interpersonal abuse. This dictionary will focus on these issues. As a result, it will show how a person's level of violence changes over time. Because women are more frequently the victims of intimate partner or family violence, this restriction is based on the premise that men are more likely to be involved in communal or group violence. Since this classification includes culturally specific kinds of violence, those will be described as well.
Several factors in the societal context work against women
Gender roles and their accompanying misconceptions have endured throughout human history. The primary roles of women have traditionally been marriage and motherhood. For many women, being single, divorced, or separated from a partner is viewed as socially undesirable. In many Indian weddings, dowries are still given as a wedding gift. There is no way to break up a marriage. There are several reasons why women are expected to have a lesser degree of education and a lower level of employment than their male counterparts when they get married. Since marriage has been modeled on a "father-daughter," "brother-sister," or "father-son" relationship, the husband retains the right to order and discipline his wife. Her parents are no longer allowed to see her after the wedding, and she must live with her new husband. For this reason, she must learn to accept her subordinate position as the "Bahu" (daughter-in-law) in her husband's family and respect others who are younger than her. As a result, she has to accept the existing social norm of lower status in her husband's family.
She should not share her problems with anyone who is not a member of the household, and she should not seek help from any other source (not even parents). The husband receives a position of eminence in the cosmos. "Suhagvati raho," which means "may your spouse have a long life," or "Phalo puto," which means "may you yield fruits (children)" are given to the husband, not the wife. She'll be expected to bring money and gifts from her parents for a slew of upcoming celebrations. She has no personal belongings. Her existence has no meaning or purpose without him. Even if satanism is on the decline, many cultures still force women to marry men they don't want. Women are more prone to be abused because of these cultural factors, which have remained in place for a long time.
Modernisation
Modern lifestyles and rapid technological advancements are also cited as factors. The widespread use of mobile phones, tablets, televisions, computers, and the internet has become the norm. There are[3] less restrictions on women's ability to leave the house and less gender segregation. "Fashion, Drink, Dine, and Make Merry" or "You Live Only Once" is becoming increasingly popular among today's young people. The use of sexually explicit content on television and in movies is a way to make income more quickly. Adult content is freely available on the internet and through other media to a vast number of people.
Aftermath marriages
For a variety of reasons, marriages are taking longer to consummate, and there is a current trend toward getting married at the age of 30 or older.
Life's ups and downs
Young people in developing countries confront a variety of challenges, including a lack of educational options, fierce competition for employment and scholarships, high levels of corruption, and rising living costs. High-risk individuals may be young adults who are living away from their families, who experience anxiety and depression, who engage in regular pornographic watching, and who abuse alcohol as a means of escapism and comfort.
The legal system and the law enforcement apparatus
Deterrence is not effective when the legal system and law enforcement are insensitive, inept, corrupt, and unaccountable. There has been a decline in religious and moral values. The population is increasing at an unprecedented rate. An unexpected population increase produces a variety of stressors, which in turn increases the likelihood of violence against women.
POSSIBLE MEASURES TO IMPACT VIOLENCE AGAINST WOMEN
Mental Help and Support
Diagnoses and treatments for mental health issues should be started right away. Isolating patients with active symptoms until their health im[4]proves significantly is the best course of action. Mentally retarded or chronically schizophrenic people, for example, may require care for the rest of their lives.
Special care is required for women who suffer from serious mental illness. The following issues need to be brought to the attention of the general public:
Women need protection, but women with mental illness need even more protection and care.
The stigma surrounding mental illness is the major root of the problem, not the illness itself.
Physical diseases, rather than mental ones, are the primary cause of marital strife.
Shouldn't there be just one standard for everything? A woman's ability to keep a marriage together despite her husband's mental illness should serve as a model for a guy. Furthermore, if it is okay to marry one's son or daughter who has a mental illness, the same must be true for those who do not have such a disease. Acceptance of a daughter-in-law with a mental illness is also appropriate. Strong family support has a huge impact on a patient's prognosis.
Many women with mental illness make better wives and daughters-in-laws than women without mental illness, according to research. Societal acceptance of the woman's mental illness will follow if her husband's family accepts her. It is important for individuals who care for the woman to understand and accept her disease. The solution does not lie in resorting to violence. Any mental problem, whether it be the victim's or the offender's (such as depression), should be treated as quickly as feasible (such as alcoholism or schizophrenia).
There are restrictions on the amount of alcohol that can be ingested. The use of alcoholic beverages should be prohibited in places where large groups of people congregate, such as public institutions and modes of public transportation like trains and buses. There should be a reduction in the number of establishments that offer alcohol. It's possible that the age at which people can purchase alcohol will rise to 30. On important occasions, like holidays, it is recommended that breathalyzers be used for further checks. Treatment for alcoholism should be provided to anybody, regardless of their wishes.
Regulation of the media
Sexually explicit material should be subject to censorship. Positive messages that condemn violence and celebrate the recovery of the victim should be projected. It is imperative that pornography be outlawed and strictly enforced. Because of this, it may be that access has been limited.
Marriages
So that their sexual needs can be met in a socially acceptable manner, young men and women are advised to get married in their early to mid-20s or as soon as is practically practicable.
Improving the functioning of the marital institution
Deterrent: A healthy marriage would help prevent this. The "Shiv-Parvati" model should be widely disseminated by Hindus.
Law enforcement
All levels of law enforcement must be equipped with apparatus that is both effective and accountable (administration, government, police, and the judiciary).
CONCLUSION
Violence frequently forms the backdrop of many legal situations, even if it is considerably less frequent for it to be the main issue before a court or tribunal. The prior instances were only used to demonstrate the point. Numerous additional instances may have been used to make the same point. Despite the fact that women's position has increased over the past forty years, they are still fighting to preserve their opportunity and pride. Indian women are currently experiencing the most tough time, both physically and mentally. The main cause of this is a lack of knowledge and understanding of the legal protections and rights afforded to Indian women. The Constitution ensures that women enjoy a variety of rights, including the right to protective separation, the right to be free from abuse, the right to equal treatment under the law, the right to opportunities, and the right to political representation.
In terms of hiring, making choices, pay scales, and job duties, there should be no gender bias. In addition, there should be gender equality in offices that provide helpful transportation, free instruction up to PG, 24-hour caregiving, and management assistance both at home and at work. This will boost women globally and throughout all sectors, for the better. The status of women is insecure despite the fact that the constitution includes a few guarantees for their health and safety. In order to support the levels of confidence of the ladies in light of the strengthening of true ladies, it is vital to put the constitutional protests into practice without delaying the ongoing court cases. Although women make up more than half of the population in India, there needs to be a distinct discussion on their rights because they face discrimination and have their rights violated in every aspect of their lives. The sole victims of crimes like rape, dowry, bride-burning, sexual harassment, selling and importing, prostitution and trafficking, etc., are women.
To build this knowledge, however, evaluation and documentation are crucial components, and clear definitions are a crucial part of both. There are certain clear definitions that can help, even though it is yet unknown which treatments are the most successful in preventing gender-based violence.
[1] Joti journal, October 2002, Vol.3, Judicial Officers' Training & Research Institute, High Court of Madhya Pradesh, (2002) [2] Krantz G, Garcia-Moreno CViolence against womenJournal of Epidemiology & Community Health 2005;59:818-821. [3] Sharma I. Violence against women: Where are the solutions? Indian J Psychiatry. 2015 Apr-Jun;57(2):131-9. doi: 10.4103/0019-5545.158133. PMID: 26124518; PMCID: PMC4462781. [4] New Delhi (India): Professional Book Publishers; 2002. The Hindu Marriage Act, 1955. 5 Agnes, Flavia, Law and gender inequality- the politics of women rights in India, Oxford University Press, New Delhi, (1999).
This article is written by Kabir Gaba of Symbiosis Law School Pune.