Decriminalization of Domestic Violence

Introduction:

Concept of domestic violence is not new. People all around the world face domestic violence. Domestic Violence means destructive or vicious behaviour in the house against one spouse or any other family member. It is not necessary that it should be done by your partner only it can be parents or in-laws. Domestic Violence can be against partner, child, elderly people or parents.

Statistics show that women are largely victims of domestic violence. In certain nations, domestic violence at home is frequently defended, especially in instances of unfaithfulness on the part with the lady, and is legitimately allowed. Study shows that country with a high rate of gender equality do have less number of domestic violence cases in their country and country with great differences between the genders do have more cases of domestic violence cases[1]

Domestic Violence frequently happens when the abuser feels that the victim is entitled to this type of treatment. Often people who are abusers or victims don’t acknowledge the abuse as domestic violence.

Decriminalisation of domestic violence means the act of abuse is not punishable under law. Russia along with 2 other countries has decriminalised domestic violence. Russia does not treat domestic violence as a standalone crime.

Types of Domestic Violence

1. Physical violence– under this the abuser uses physical force upon the victim like hitting, kicking, burning, choking, slamming, shoving or assault with a weapon. It isn’t necessary that physical abuse may need medical attention.
2. Sexual abuse– means sexual contact which happens without the victim’s consent it could be rape or attempted rape or unwanted touching or forcing the victim to perform sexual acts etc.
3. Economic or Financial abuse– the abuser has control over all the financial resources and the victim has to take permission to use it or the abuser controls the money earned by the victim or the abuser wants to make the victim financially dependent upon them or blocking access to banks or not allowing the victim to get a job etc.
4. Physiological abuse–  means doing such acts which causes fear in the mind of the victim.
5. Emotional abuse– means blaming the victim for all the problems or constantly demeaning the victim, blackmailing etc.
6. Social abuse– means not allowing the victim to meet their family or friends.
7. Verbal abuse– swearing, calling names, humiliating etc.
8. Technological abuse– with the help of technology stalking the victim or sending threatening messages or bullying over social media etc.

Decriminalization of the Offence

Russia is one of the few countries which has decriminalised domestic violence. Since it’s decriminalisation women and human right activist have protested against it.

In 2016 Russia decriminalised non aggravated battery it is classified under administrative offence due to which penalties are reduced earlier it came under criminal offence.

Law was there for aggravated battery and battery against relatives (spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, and grandchildren) under criminal penalties. But people of church criticised this change because of the difference between battery committed by a family member and by other people. Due to which group of State Duma members introduced a bill amending Article 116 of Criminal code which was sanctioned in 2017 by the President. As a result, only aggravated battery repeated battery, or battery that results in harm to the victim’s health remain criminally punishable.

Effects of Decriminalization

According to the report of the Russian court, 79 per cent of women were convicted for murder from 2016 to 2018 we’re defending themselves against violence [2]

Study shows that in Russia nearly 14,000 women and 2,000 children are murdered by their close relatives. Decriminalisation of the offence gives the offender sense of security.[3]

One of the main issues which prevailed in Russia even before the decriminalisation of domestic violence was that police never easily wrote a complaint against the abuser of domestic violence and after it’s decriminalisation the police have more reason to not write an FIR. The number of cases will decrease and murder will increase.

Domestic Violence in India

The survey conducted in 2015-16 by National Family Health shows 31.1 per cent of women face violence from their spouse at least once in a life time[4]. Reports of the National Crime Bureau show that crime recorded under crime against women is mostly done by the husband or his relatives.[5] There is more than 70 per cent of people who are subjected to domestic violence but do not report the case and those who inform the family members or close relatives often are encouraged not to tell anyone.

During lockdown because of COVID, the number of cases increased by 50 per cent. The government with the help of the National Commission for Women launched an online helpline number to tackle an increase in domestic violence cases. Various States too launched helpline numbers to solve the issue of increase in the number of cases.

Unmistakably tending to aggressive behaviour at home has become a critical issue not just for the public authority, as it is a general wellbeing emergency and a criminal demonstration yet in addition to the general public.

Laws for Domestic Violence

Domestic violence in India is legally punishable. Indian law against domestic violence is strong.

1. Section 498A of Indian Penal Code

This section of IPC has provision for ‘Cruelty against women by her husband or his relative’. The term Cruelty under the Act has been defined widely and not restricted it includes physical or mental torture or any other act which will compel her to do something dangerous. If cruelty is committed the punishment is imprisonment which can extend till 3 years or with a fine. An offence under this act is non-bailable, cognizable and non-compoundable. The complaint under this section can be filed by the aggrieved women herself or any other person who is related to the women by blood, adoption or marriage. A complaint has to be filed within 3 years from the last incident.

This section has been missed by opportunistic women by filing false case which needs to be solved. Although our law doesn’t have any provision regarding false accusations but the husband and his family can seek remedy by filing a case under section 500 Section 9 and section 182 of IPC.

2. The Dowry Prohibition Act, 1961

This act deals with dowry cases. Dowry system is illegal in India but it prevails and due to which many women commit suicide or are tortured to death by her in-laws and husband. Dowry implies giving money or property or both to the grooms family by the brides family. To destroy this evil from society Parliament enacted the Dowry Prohibition Act, 1961. Under this act, special officers are appointed who look into such matters. Punishment for giving or taking dowry is imprisonment not less than 5 years or fine. If death happens with 7 years of marriage under unnatural circumstances or bodily burn then the in-laws and husband and any relative if found guilty under section 304 of IPC will be held and shall be punished for 7 years minimum which can extend to life imprisonment. If before death the women was subjected to any kind of violence the death will be considered as death by dowry. Although law may be enacted but giving of dowry hasn’t ceased people still practice this act of dowry.

3. Protection of Women from Domestic Violence Act, 2005

This act came into force on 26^th October 2006. This act for the 1^st time defined domestic violence. Mainly this act was enacted to provide protection to the women against violence committed by their husbands or live-in partners or relatives but later on, it included violence against sisters, mothers, widows. The term domestic violence includes physical, mental torture, sexual abuse, economic abuse, verbal or emotional abuse, any act which threatens her.

Case laws

• Hiral P. Harsora And Ors v. Kusum Narottamdas Harsora And Ors. (2016)[6] – Through this case scope of the act was broaden by deleting the term ‘adult male’ from section 2(q) which allowed women to be prosecuted for domestic violence.

• Kamlesh devil v. Jaipal and Ors (2019)[7] – Supreme Court held that sheer allegation won’t constitute for domestic violence act

• Shyamlal Devda v. Parimala (2020)[8] – Under this case, the Supreme Court stated that aggrieved person can file the case where they reside permanently or temporarily.

• Indira Sarma v. V.K.V Sarma (2013)[9] – Under this case, the Supreme Court stated that the domestic violence act is made to protect the victims of violence and to prevent violence.

Conclusion

Domestic Violence is an act which should not be decriminalised. Countries which have decriminalised it have only seen an increase in violence against women. Since the bill was accepted in Russia many people along with activist have protested because the law is not in the favour of the women.

In order to stop violence, it is important that people should be educated because many people who suffer domestic abuse don’t know that they are being abused and think it’s normal. So it is important to educate people so they can distinguish between love and abuse. Most of the times victims who grow up in such household name abuse themselves when they grow up because they think it is normal.

Study shows that where there is gender equality number of domestic violence cases are less than those countries which have inequality. It is important to promote gender equality and gender sensitization.

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References:

• Russia- Decriminalisation of Domestic Violence on Library of Congress https://www.loc.gov/law/help/domesticviolence/russia.php#_ftn21
• Laws of domestic violence in India by Tushar Vashi https://www.lawyered.in/legal-disrupt/articles/laws-domestic-violence-india-advocate-tushar-vashi/

[1] Partner Abuse Worldwide by Esteban Eugenio Esquivel-Santoveña, Teri Lambert, and John Hamel

[2] Russia has no domestic law but this could change by Juilan Collins https://www.google.com/amp/s/www.aljazeera.com/amp/features/2019/12/20/russia-has-no-domestic-violence-law-but-that-could-soon-change

[3] Putting an end to impunity: Russia’s systematic failure to protect women from domestic violence

https://leidenlawblog.nl/articles/putting-an-end-to-impunity-russias-systematic-failure-to-protect-women-from-domestic-violence

[4] NFhs-4

[5] Crime in India -2018 CII 2018 SNAPSHOTS ST-PDF

[6] Hiral P. Harsora And Ors V. Kusum NarottaIdas Harsora And Ors. AIR (2016) 10 SCC 165 https://indiankanoon.org/doc/114237665/

[7] Kamlesh devil V. Jaipal and Ors AIR SCC(2019) – https://indiankanoon.org/doc/46655686/

[8] Shyamlal Devda V. Parimala (2020) 3SCC 14 – https://indiankanoon.org/doc/41851528/

[9] Indira Sarma V. V.K.V Sarma (2013) 15 SCC 755 – https://indiankanoon.org/doc/192421140/