Domestic Violence

What is Domestic Violence?

Domestic violence refers to a pattern of behavior in which one partner in an intimate relationship seeks to exert power and control over the other partner through various forms of abuse, including physical, emotional, psychological, sexual, or financial abuse. Domestic abuse or violence happens when one person in a relationship hurts or harms their partner on purpose. It’s not just hitting or pushing; it can also include things like making the other person feel bad about themselves or controlling their money. Domestic violence is about one person trying to have power and control over the other, often making them feel scared or trapped. It can happen to anyone, but it’s often kept secret because the person being hurt may feel ashamed or afraid to speak up. Understanding domestic violence is important so we can help people who are going through it and work together to stop it from happening....

Types of Domestic Violence

1. Physical Abuse: Physical abuse is when someone hurts another person’s body. This can be hitting, kicking, or using things to hurt them. For example, if a husband hits his wife and leaves bruises on her, that’s physical abuse. It’s not just about the pain from the hits; it also makes the person feel scared and trapped....

Landmark Judgement: Domestic Violence Act, 2005

One landmark case law related to domestic violence is “Indira Jaising v. Supreme Court of India and Another” (2010). This case is significant because it led to the expansion of the definition of “aggrieved person” under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) in India. In this case, the petitioner, Indira Jaising, a senior advocate and prominent women’s rights activist, challenged the constitutionality of Section 2(q) of the PWDVA, which defined an “aggrieved person” as any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by him. Indira Jaising argued that the definition of “aggrieved person” under the PWDVA was discriminatory and violated the principles of equality and non-discrimination enshrined in the Indian Constitution. She contended that the term “aggrieved person” should be interpreted in a gender-neutral manner to include not only women but also men and transgender individuals who may be victims of domestic violence. The Supreme Court of India, in its judgment, agreed with the petitioner’s arguments and held that the term “aggrieved person” under the PWDVA should be interpreted in a gender-neutral manner to include not only women but also men and transgender individuals. The Court emphasized the need for a broad and inclusive interpretation to ensure that victims of domestic violence, irrespective of gender identity, are provided with legal protection and access to remedies under the PWDVA. This landmark judgment expanded the scope of protection under the PWDVA and affirmed the rights of all individuals, regardless of gender, to be free from domestic violence. It marked a significant step towards recognizing and addressing domestic violence as a human rights issue affecting individuals of all genders....

International Legal Framework

1. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): CEDAW is an important agreement from the United Nations that aims to make sure women and girls are treated fairly and equally. It says that violence against women is wrong and against their rights. Countries that sign this agreement promise to make laws and programs to stop violence against women, including in their homes. They also agree to help victims and punish people who hurt women....

Conclusion

In conclusion, the international rules about domestic violence are really important for keeping women safe and making sure they’re treated fairly. These rules tell countries what they need to do to stop violence against women, especially in their homes. By following these rules and working together, we can make sure that women and girls everywhere can live without being scared or hurt by the people who are supposed to care for them. It’s all about making the world a safer and fairer place for everyone....

Domestic Violence- FAQs

What are the signs of domestic violence?...