Intimate Partner Violence : Facts, law and Punishments.

2 years ago Mumbai Anusha K P

Despite the enactment of significant legislations, the violence against women is a serious problem in the Indian society. Intimate partner violence is one of the most common forms of violence against women and includes physical, sexual, and emotional abuse. Domestic violence or Domestic abuse or Intimate Partner Violence (IPV) refers to abuse committed in a domestic setting or by someone within the victim’s circle. It symbolises close relationship between the victim and the perpetrator. The main difference between general assault and domestic abuse is the relation of the victim and perpetrator.  

Types of abuse

Physical Abuse- It refers to any abuse that caused or endangered the victim with bodily injury, physical pain, temporary or permanent pain.  Signs are any bruised body part, broken bones, cuts, etc.

Child Abuse- When parent or caregiver subjects a child to any kind of maltreatment. Child maltreatment may include neglect, physical abuse or sexual abuse. The signs include being withdrawn, increased anxiety, becoming aggressive, etc

Sexual Abuse-    The action of perpetrator threatening the victim, taking advantage of the person non-consensually in a domestic set up. Signs include bruises around genitals, torn or stained underclothing etc. 

Digital Abuse- Digital abuse refers to the use of technology to harass, threaten or intimidate any known person. It typically involves maltreating a person in online dating or relationship set up.

Verbal Abuse- It is the action of the perpetrator to demean, frighten or using foul language. Such abuse can even escalate to physical abuse. Signs for verbal abuse are constant threatening, yelling, name calling, teasing, accusing, etc.

Financial Abuse- It is when the perpetrator tries to diminish the capacity of the victim to acquire and maintain their own finance and forcing them to depend on the perpetrator themselves or on any other person. This threatens the economic security and self sufficiency of the victim.  It is also called economic abuse.

Psychological Abuse- Also called Emotional Abuse means controlling or manipulating a person’s emotions by blaming, accusing, criticizing, shaming, etc in a domestic set up. Signs include emotional exhaustion, a sense of self-doubt and a low self-esteem.

Stages of Abuse

An abuser usually gets on a cycle of abuse. Such a cycle includes mainly 4 stages. 

  1. Tension Building- The cycle usually begins with a tension building. The abuser feels emotions like irritation, jealousy, frustrated and faces anger issues. In many cases, he/she may resort to alcoholism or drugs. 
  2. Acting out period- The abuser starts throwing, hitting, biting, kicking objects as well as partners so as to vent out the anger and frustration. The abuse may take any form like sexual, physical, psychological etc.
  3. Honeymoon period- This stage is also called reconciliation stage. The abuser may regret their actions and tries to reconcile problems by being kind, loving and caring more than usual. 
  4. Calm period- This phase is an extension of previous stage. The abuser deliberately tries to not get into that zone of abuse. The abused may feel relieved and that his/her partner has changed. 

Unfortunately, in most cases this cycle repeats itself. Over time the reconciliation phase calm period may shorten and eventually cease.     

Laws against Domestic Violence In India

Protection of women against domestic violence act, 2005- This act provides protection to females against abuse from male members of the family. This not only includes their partner also the extended family like father-in-law, brother-in- law etc. A woman has the right to liberate herself from any kind of abuse and get compensated for the same. 

Section 498 A of IPC- This is a criminal law wherein the woman is protected against mental and physical abuse by her spouse and his family members. In India, marital rape is not considered as a crime. But the same can be considered as cruelty against women. Any action that that forces the woman to commit suicide or risk her own life or causes or intends to cause grave injury to her physical or mental health is covered under this act.

Dowry Prohibition Act, 1961- According to this law, giving and taking of dowry is a crime and can punish any or both the parties by imprisonment up to 6 months or a fine or Rs 5000 or both. Also section 304B of Indian Penal Code (dowry death) provides laws to protect woman against cruelty or harassment.

Unfortunately, there are no laws in India that prevent domestic violence against men in India at present. But going forward, looking at the statistics and considering the number of cases that go unreported, a gender- neutral law against domestic violence is the need of the hour.  












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