Prevalence of domestic violence

Context:

November 25 is celebrated every year as the International Day for the Elimination of Violence against Women.
Violence against women and girls (VAWG) is one of the most widespread, persistent and devastating human rights violations in our world today and remains largely unreported due to the impunity, silence, stigma and shame surrounding it.

Constitutional Provisions:

The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women to ease the cumulative barriers of socio-economic, educational and political disadvantages faced by them.
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
The State shall direct its policy towards securing to all citizens men and women, equally, the right to means of livelihood, and shall strive to ensure equal pay for equal work.
The State is also directed to make provision for ensuring just and humane conditions of work and maternity relief.

Violence against women:

The “Declaration on the Elimination of Violence Against Women” issued by the UN General Assembly in 1993, defines violence against women.
As “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.”
However, violence against women continues to be an obstacle to achieving equality, development, peace as well as to the fulfilment of women and girls’ human rights.
All in all, the promise of the Sustainable Development Goals (SDGs) - to leave no one behind - cannot be fulfilled without putting an end to violence against women and girls.

Disheartening reality:

The latest round of the National Family Health Survey-5 (2019-21) reveals that we live in a society where violence against women persists to such an extent that 32% of ever-married women aged 18-49 years have ever experienced emotional, physical, or sexual violence committed by their husband, with more rural than urban women reporting experiences of domestic violence.
The most disheartening reality is that despite almost a third of women being subject to domestic violence, the National Family Health Survey-5 (2019-21) reports that only 14% of women who have experienced domestic violence have ever sought help; and this number is much lower in the rural areas.

Reasons of underreporting:

Women were hopeful that things would change, that they could change their husband’s behaviour, that he would listen to them.
Crucially women did not want to be a ‘burden’ on others, in particular their families.
By naming the violence they experienced, women believed that they would become ‘a problem’ or a source of ‘tension’ for their families, in bringing them shame and dishonour, irrespective of the survivor’s level of education, caste, or class.
For migrant women, transpeople or those with several sisters, or ill, older or deceased parents, it was felt even more acutely that the perpetrator’s violence was their individual responsibility to manage.

Not seeking help:

Women mainly turned to their parents who, in a majority of cases, insisted on their daughter preserving the family environment which they should do by ‘adjusting’ to, or accommodating their husband’s (and his family’s) needs better.
In a minority of cases, the daughter’s welfare was prioritised over the well-being of the ‘the family’ and steps were taken to help mediate or exit the relationship, and much more infrequently approach the police and lawyers.
For survivors who took longer to seek help, the actions of relatives or neighbours who witnessed the violence were often pivotal in transforming their situations.
So were key ‘turning’ or ‘tipping’ points such as a survivor’s heightened concerns for their children’s safety, the discovery of a husband’s affair or when violence became “too much” and required medical assistance.
Waiting until such a point before seeking help was more likely for survivors who struggled to imagine exiting a relationship due to financial insecurity and/or patriarchal norms concerning property ownership.

Gender inequality:

Social norms about gender inequality are so ingrained that NFHS-5 data reports that women are more likely than men to justify a scenario in which it is acceptable for a husband to beat or hit his wife.
Though survivors who did (finally) confide in relatives and friends about domestic violence described feeling a ‘sense of a relief’ and that a ‘burden had been lifted’, giving them new ‘hope’ that things might change.

Transforming the situation:

Whilst sharing experiences of violence was an incredibly powerful step for women, actually transforming their violent domestic experiences and accessing services and support provided by the state and non-state actors proved to be an arduous roller coaster of emotions, promises, uncertainty, fear and disappointment.
With few safe houses across India, the simple reality was that many women have nowhere else to go, and access to legal justice through the courts was a material possibility only for women with independent wealth and connections or those supported by specialist non-governmental organisations.
So, for many survivors, transforming their situation depended on securing their economic self-sufficiency by pursuing new skills and livelihood opportunities.