Sarbari Chowdhury
Domestic violence (DV) is a grave societal issue that transcends geographical, cultural, and socioeconomic boundaries. It encompasses various forms of abuse, including physical, emotional, verbal, financial, and spiritual, and is fundamentally rooted in the abuser’s desire to exert power and control. This pervasive problem is not limited to isolated incidents but often manifests as a pattern of behavior, progressively worsening over time. It disrupts lives, families, and communities, creating ripples of trauma that can span generations.
What Constitutes Domestic Violence Under Indian Law?
Domestic violence can include physical abuse, emotional/verbal abuse, sexual abuse, and economic abuse. Threats, coercion, and controlling behavior are also considered forms of domestic violence under Indian law. The Protection of Women from Domestic Violence Act (PWDVA) of 2005 provides a legal framework to address these issues. This law empowers women to seek protection and justice while emphasizing the importance of a supportive environment for survivors.
Could you be a victim?
Some signs that may indicate you may be a victim.
Do you feel scared or unsafe around your partner? Make excuses for your partner’s behavior? Avoid doing things that would cause a conflict? Always do what your partner wants you to?
Does he regularly criticize you, call you names or put you down? Embarrass or humiliate you in public? Treat you roughly – grab pinch, shove, bite, choke, or hit you? Threaten to hurt your friends, family, pets or themselves? Destroy or steal your belongings? Control your access to money? Prevent you from going where you want, when you want? Control or monitor your phone? Threaten to take away your children?
The Global Picture
Worldwide, domestic violence remains a pervasive issue, particularly intimate partner violence (IPV). In the United States, about 41% of women and 26% of men report experiencing IPV at some point in their lives. Shockingly, IPV leads to approximately 1,300 deaths and two million injuries annually in the U.S., with over half of female homicide victims being killed by a current or former male partner. South Asian women in the U.S. face even higher risks, with studies showing 40% experiencing IPV within their current relationships. The global prevalence of domestic violence underscores the urgent need for international and local solutions.
Domestic Violence in India
In India, domestic violence is equally concerning. The National Family Health Survey (NFHS) indicates that 33-41% of married women aged 15-49 have faced some form of DV. The abuse is primarily physical, emotional, or sexual in nature. Despite the implementation of the PWDVA, the prevalence of DV remains alarmingly high. State-specific data from 2012 reveals significant variations in crime rates against women, encompassing offenses such as dowry harassment, sexual assault, and intimate partner cruelty. Addressing these issues requires stronger enforcement of laws and community-level awareness campaigns.
Local Laws Overview
The key aspects of local laws relevant to domestic violence in Jamshedpur, India, include:
- Protection of Women from Domestic Violence Act (PWDVA), 2005: This central law aims to protect women from domestic violence by providing a range of rights and remedies, including protection orders, residence orders, and monetary relief.
- Indian Penal Code (IPC), 1860: Sections such as 498A deal with the cruelty by husband or relatives of the husband, which can include physical and mental cruelty.
- Criminal Procedure Code (CrPC), 1973: This code lays down the procedures for how the criminal justice system should function, including the filing of FIRs and procedures for arrest and bail.
- Family Courts Act, 1984: Family courts in Jamshedpur handle cases related to family issues, including domestic violence, aiming for quick resolution and providing a supportive environment.
Filing a Complaint and Legal Protections
Victims of domestic violence can file a complaint with the nearest police station or approach the local Protection Officer appointed under PWDVA. NGOs working in women’s rights can also assist with filing complaints. Under PWDVA, survivors can seek protection orders, residence orders, custody orders for their children, and monetary relief for medical expenses and loss of earnings. Although PWDVA specifically addresses women, men can seek legal recourse for domestic abuse under other sections of the Indian Penal Code. Effective legal remedies are crucial to ensuring justice and safety for survivors.
The Jamshedpur Perspective and resources
Jamshedpur, known for its industrial significance, is not exempt from the issues of domestic violence. Local NGOs, such as Adarsh Seva Samiti, Mahila Kalyan Samiti, Red cross Saheli center have been instrumental in providing support to survivors. These organizations offer counseling, legal aid, and safe housing help. According to data collected by these groups, cases of domestic violence in Jamshedpur have seen an increase in reporting due to rising awareness and community interventions.
Community leaders in Jamshedpur have also taken steps to address this issue through awareness drives and workshops that educate people about domestic violence and the resources available.
Sangeeta Jha, advocate with the District court in Jamshedpur has helped more than 800 Domestic Violence survivors win their rights in courts, She says, ‘If you feel you are being victimized – fail not – face the court’. Anjali Bose, social worker of many years rescues and helps survivors through the NGO, Mahila Kalyan Samiti in the Sakchi area. Aloka Bakshi, social worker and District Chair of Inner Wheel says ‘Domestic violence comes in various forms and affects lives of people especially women. But often it is brushed under the carpet due to family pressure, believe in false apologies and refuse to admit it openly. We the women must rise, raise our voices, believe in our abilities and take action where it is needed. If we do not stay strong, cooperating with police and helpful NGOs abusers will be encouraged and become more violent in the future.’
Stories of survivors from the city reflect both the challenges they faced and the hope that local initiatives have brought into their lives. These efforts demonstrate the power of collective action in addressing a deeply entrenched social issue.
In Jamshedpur, several organizations are actively working to combat domestic violence. The Red Cross Saheli center in Sakchi provides multiple services like temporary shelters etc. Counseling services in the city are accessible through NGOs like Shramjivi Mahila Samiti offer emotional and psychological support. Legal aid services ensure survivors understand their rights and can navigate the judicial system effectively. Support groups foster a sense of community, allowing survivors to share their experiences in a safe and non-judgmental environment.
Additionally, specialized services for children affected by DV are available, including educational resources and trauma counseling. Other NGOs like Tata Steel Rural Development Society (TSRDS) and the Women Protection Cell (Police) also play a significant role in providing safety, empowerment, job skill training, shelter, legal aid, and awareness campaigns.
Evidence and Immediate Steps
To prove domestic violence, survivors can rely on evidence such as medical reports, police reports, witness testimonies, photographs, video/audio recordings, neighbor and friend witnesses, and any documentation corroborating the abuse. After experiencing domestic violence, survivors should seek a safe place, contact the police, obtain medical care if required, and document all evidence of abuse. They can also obtain protection orders to restrain the abuser from committing further acts of violence or contacting them. These steps are vital in ensuring the safety and legal rights of survivors.
How to Support a Survivor
If someone you know is experiencing DV, it is important to approach them with compassion and patience. Avoid judgment or criticism and affirm their experiences. Encouraging safety planning and offering practical help, such as accompanying them to seek professional or NGO support, can make a significant difference. Always respect their decisions and boundaries. Your support can be a crucial lifeline for someone navigating the complexities of domestic violence.
A Call to Action
Addressing domestic violence requires collective efforts from individuals, communities, and institutions. In Jamshedpur, this includes amplifying the efforts of local organizations, increasing public awareness, and providing robust legal and financial support for survivors. Regardless of the abuser’s political or social influence, victims are entitled to legal protection, and thorough documentation can strengthen their case. By fostering awareness, supporting survivors, and advocating for stronger protections, we can create a society where everyone feels safe and respected. Let us stand united in breaking the cycle of abuse and offering survivors the lifeline they need to rebuild their lives.
(Author is a social worker helping survivors of Domestic Violence from the South Asian diaspora in Phoenix, Arizona, USA for more than 15 years. An engineer by profession, she has chosen this work as her life goal. She grew up in Jamshedpur and visits the city regularly. The views expressed are personal.)
