Domestic violence: why it is majorly affecting females only?

Institute of law, Nirma University

Abstract:-

Domestic Violence is very grievous issue which is well known and prevalent in India towards
women. This issue is supported and accepted by gender norms, and values that place women at
subordinate and male at dominant position. Marriage is considered as very sacred institute in India
where husband has the responsibility to take care and maintain his wife but sometimes this institute
is violated by the ill practices of one partner over other and mostly the victim is only female.
Women are ill-treated, toured, killed and abused by their male partners and his relatives. This
article tries to give the answer of the question that despite being gender neutral issue why domestic
violence is mostly suffered by females only. And it also analyses the reasons for domestic violence
and views of feminist ideologies about domestic violence and how gender inequality causes
domestic violence.

Domestic violence:-

The term “domestic violence” means violence within the territory of home. Any form of violence
which is committed by the husband and his relatives on the women is the common practice of
domestic violence. Domestic violence violates the sacredness of home being called as most secured
place for individual. The victim women becomes like a prisoner in their own home and who is
depend on the prey of the doers of violence. Domestic violence can be divided into emotional,
physical, sexual and or economic abuse.1 If going through the literal meaning domestic violence is a
problem which should be affecting people at large irrespective of their gender, age, race, status,
sexuality, or group. But it most commonly used for the violence between the intimate partners in
which one partner uses power to control and assault other partners. Domestic violence
predominantly involves men victimizing women.2 The woman faces different kind of abuse in the
form of domestic violence like –

 Emotional abuse- domination, constant critics, humiliating in public, displaying extreme

1
DR L. F. Lowenstein, Domestic Violence Recent Research (2004-2005)Part:1 Incidence, Types and Causes,78 Police
J. 147, 148( (2005).
2
April Paredes, et al. Domestic Violence, 19 Geo. J. Gender & L. 265, 266 (2018)
  Verbal abuse- name calling, abusing.
 Financial abuse- using her money without her consent, concealing and controlling money,
not providing money for basic needs.
 Sexual abuse- raping, attacking on private parts, forcing to do sexual acts.

Even after having laws and legislations domestic violence is still a grievous issue in India. Day by
day the number of cases is increasing. As mostly wife’s take abuse their husband as a normal
occurrence. The consequences of domestic violence are quite harmful for not only to the victim but
also to her children and family. As most of the time female is physically hurt to a large extent like
broken of bones, injuries, miscarriage, unwanted pregnancy etc it also psychologically affects
victim which causes depression, anxiety, lack of confidence etc and if the children has grown up in
the environment of domestic violence then they are more likely to face socializing, emotional,
trusting, behavioural and other problems in life. The most important concern is that despite being a
gender neutral issue why domestic violence is harming women at a larger extent.

“Women are the only exploited group in history to have been idealized into powerlessness”

– Karl Marx

Reasons for Domestic violence:-

There were many reasons for women being the victim of domestic violence. Some of the reasons
are-

 Power, control and Dominance: - Existence of Patriarchal norms in the society also
contributes to the domestic violence. It is believed that a woman is her father’s and later her
husband’s property.3 Hence inequality is also the important aspect for domestic violence
because males are socialised to believe that they can use violence, dominate, intimate and
subjugate others mostly females.
 Lack of protection by authorities: - In India even after having laws for domestic violence
women seek less to go and fight for it. And one important reason for that is the police may
or may not intervene in the issue of domestic violence. Cook et al quoted that instead of
seeing women experiencing violent relationships as victim of battering, the police often
consider this an area in which they should not intervene.4
 Cultural aspect: - Domestic violence is also looked as cultural aspect in India not only due
to patriarchy but also due to family values and traditions also women faces domestic
violence. It has been believed that once a woman is married they have to appease their

3
Rehan Abeyrante & Dipika Jain, Domestic Violence Legislation In India: The Pitfalls of a Human rights Approach To
GenderEquality, 21 AM. U. J. Gender Soc. Pol’y & L. 333,336 (2012).
4
Supra Note 1, at p. 152.
 husband in every possible way. In India husband has considered as god i.e. “Pati
Parmeshwar”.
 Psychological reasons:- Tolerance of various problems faced by males in their working life
and dominance of other people over them like boss in addition to its personal copying take
place so the chances of behaving violently inside home increases.
 Connection between violence and poverty: - Poor were particularly susceptible to
violence due to their concern for financial support.5 Due to financial dependence women
have low self esteem and higher anxiety levels. So the domestic violence mostly exists in
low income groups.
 Influence of alcohol and sustenance abuse: - It has been seen that males are more likely to
be violent and abuse females in the state of intoxication.
 Common Law relationships: - In today’s world people are also involved in other
relationships rather than marital relationship. And the tendency of facing domestic violence
in these relationships is also higher because unmarried women cohabiting in a relationship
feel unsafe and unsecure about their status.
 Past abusive experiences: - people who personally experienced abuse in past have more
tendencies to be violent and abusive. Children who grown up in abusive environment or
have seen violence towards any family member have the tendency to be violent on someone
or being violated by someone.
 Sexual problems and pregnancy: - Particularly stress is present following the pregnancy
of a partner and being perhaps less inclined towards sexual relationships is also the reason
for domestic violence.6 Frequency is higher of male being violent is higher when their wife
is pregnant.

Feminist view about domestic violence:-

Liberal feminism: - Liberal feminism suggests that women should be free to choose in political
economic and personal areas. Women’s free consent is very important for her welfare. This
ideology believes that women are equal to men. Scholars have argued that sometimes women don’t
like to change for satisfying their own desire rather than choosing someone else’s. This ideology
does not apply on the women who initially choose selfishly. It risks the real cause for women
misery.

Radical Feminism: - This ideology believes that women needs more power than men because
women are not equal to men in the society. Miserable condition of women is because of submission
and only equality can make their situation better. Women should oppose what makes them feel
miserable and should stand against any wrong.

Marxist Feminism: - This ideology believes that the root cause of women’s oppression is
capitalism and capitalism ideology causes discrimination against women in domestic and work life.

By looking at the feminist ideologies and relating it to the domestic violence it is clear that
feminism always supported equality and domestic violence can never be tolerated against women.

5
Supra Note 1, at p. 152.
6
Supra note, at p. 154
According to Catharine Mackinnon society treats women differently or equally just to suit the
convenience of men. In India generally women don’t even report about domestic violence just
because the expectations for the successful marriage are on the wife then on the husband. If
marriage fails then women is always made responsible for it. The women who don’t sustain in a
marriage and if get separated or divorced is looked down in the society and being blamed for it.
Other difference because of which women are treated differently in society is in India people have
that notion that women’s are not entitled for the education and job and they should only do
household work. Mostly women’s are forced to marriage before they secure job and if someone try
to rebel against it then she has to fight with not only to the society but her own family. The parents
are imbued with the idea that their duty lies in marrying their daughter only.

As there is a biological difference between a man and a woman. Since male are considered as
physically more strong then female. Women having a frail body cannot effectively rebel against
man’s physical abuse and violence. This leads to the discrimination of man being physically
stronger. Women sometimes also trivialize their own problems by transforming their pain into
punishment, inevitable, pleasure and natural. They don’t speak about their pains instead hide it and
this way make it more acceptable.

“Feminism is hated because women are hated. Anti-feminism is a direct expression of misogyny; it
is the political defence of women hating” – Andrea Dworkin

Gender Biasness as A Cause of Domestic Violence:-

In India women have little social status because of strong patriarchal norms. Sex selection
abortion of female foetuses and female infanticide are widely practised to ensure only male children
are born.7 Indian women also have lower life expectancies and less access to education (and
therefore lower literacy rates), healthcare, and employment opportunities then Indian men. 8 There is
also a widespread belief that a woman is her father’s and later her husband’s property.9
Traditionally also dowry is given by brides family to groom in wedding ceremony. Since Indian
women suffer more domestic violence the patriarchy cuts the spectrum of feminist thoughts.10
There is a huge imbalance between male and female. The cause of domestic violence is also
because of the gender inequality which exists at a larger extent in society. Domestic violence is
faced by mostly females because of lack of power and control and social norms which sets different
roles for male and female in the society. Inequalities between both the sexes cuts the private and
public sphere of life which affect social, economic, political and cultural rights which results in
limiting the women’s freedom, opportunities and choices. And theses inequalities also cause risks
for violence abuse and exploitation of females.

As it is rightly said that gender is not biologically determined rather it is a social construct. And in
India there is a privilege being a male and curse being a female. The social construct defines the
role of male and female in the society. Since childhood children’s are taught to behave in a
particular way which is also decided by the society. Gender inequality not only affects women in
violence but it also affects in the outer world. Like females are mostly less paid in comparison to

7
Supra note, at p. 336
8
Supra note, at p. 336
9
Supra note, at p. 336
10
Liana Fiol Matta, On Teaching Feminist Jurisprudence, 57 Rev. Jur. U.P.R. 253, 254 (1988).
males. Male using violence on females is assumed on control, power and male’s privilege. As a
result of patriarchy the power and authority of masculinity is given to only males and society
supports and takes it as a general phenomena.

Conclusion/ suggestions:-

Domestic violence and abuse by intimate partner and his family members is a very grievous issue.
Unfortunately even after having laws, courts and police also this issue is not resolved and it is
increasing day by day at a larger extent. In India laws has not deterred husband and his family for
demanding dowry, causing dowry deaths or doing domestic violence .The status of women in India
is still unequal, bad and needed to be improved. Women not only need rights in laws for their safety
and respectful life but also need to implement those rights. Women need to be educated and
independent. And Today’s women should learn the mantra of equality and fight for their rights and
also for other women. Domestic violence does not affect only the victim but also her children and
parents. What is required is to look deeply at the reasons for domestic violence and tries to solve
those reasons. If only these reasons are controlled then only we can say that home is the safest place
for individual. Patriarchy and gender inequality is a big cause for domestic violence which is
needed to be resolved. Domestic violence can be stopped in India by giving counselling to the
couples, religious leaders, youths and speakers should aware people about the harms of domestic
violence and media should also play a vital role in enlightening people about the domestic violence.

References:-

 DR L. F. Lowenstein, Domestic Violence Recent Research (2004-2005)Part:1 Incidence,

 April Paredes, et al. Domestic Violence, 19 Geo. J. Gender & L. 265, 266 (2018)
 Liana Fiol Matta, On Teaching Feminist Jurisprudence, 57 Rev. Jur. U.P.R. 253, 254
(1988).
 Rehan Abeyrante & Dipika Jain, Domestic Violence Legislation In India: The Pitfalls of a
Human rights Approach To GenderEquality, 21 AM. U. J. Gender Soc. Pol’y & L. 333,336
(2012)
 B.R. Sharma, et al. Dowry- A Deep Rooted Cause of Violence against Women in India, 45
Med. Sci. & L. 161 (2005).
 Deborah M. Weissan, The Personal is Political- and Economic: Rethinking Domestic
Violence, BYU L. Rev. 387(2007)
 Sherene Razack, Domestic violence as Gender Prosecution: policing the Borders of
Nation,race and Gender, 8 Can. J. Women & L. 455(1995)
 Linda L. Ammons, What’s God Got To DO With It- Church and State Collaboration In the
Subordination of Women and Domestic Violence,51 Rutgers L. Rev. 1207(1999)