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Domestic Violence against Women in Jammu and Kashmir:

Nature and Incidence
(A Case Study of District Srinagar)
Maqsoodah Akhter1; Rubeenah Akhter2; Dr. Bhagwat Rai Singh3;

1
Research Scholar, Department of Sociology, DAVV Indore
2
Research Scholar, Department of Economics, DAVV Indore
3
Assistant Professor, Shri Atal Bihari Vajpayee, GACC Indore
******************************

ABSTRACT

The aim of the present paper is to examine the nature and incidence of domestic violence
against women. Domestic Violence is a sensitive topic and the varying causes which can
spark the violence within the four walls of homes need to be analyzed carefully and study of
the factors causing the violence may prevent a family to suffer from the menace of domestic
violence. In India comprehensive household data on the prevalence and costs of domestic
violence are lacking. This hidden nature of domestic violence against women remains so due
to the social construction of the division between public and private affairs, either because
women are ashamed to discuss about it, or because no one has thought to ask them about it,
or because it is considered as a natural part of culture. The domestic violence against women
composes of all acts which hurt the women physically and mentally. Thus, it reflects in all
practices related to wife beating, harassment of women, denial of basic rights and needs to
women, demand of dowry, threat of divorce to wives, abuse of women by in-laws, bride
burning and rape of women. Domestic violence is to be perceived not as a law and order
problem alone.

Keywords: Domestic, Violence, Nature, Incidence, Sensitive, Beating, Harassment

__________________________________________

INTRODUCTION
Domestic violence is a national problem that affects women of all races, ages,
economic status and religions with statistics emphasising the devastating effects of domestic
violence on the lives of battered women. Domestic violence is a serious human rights threat

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to women in every society rich and poor, developed and industrialised. Particularly in
patriarchal societies, it is used as a weapon for subjugating women and suppressing their
rights as equal partners in the family structure. Domestic violence is wide spread and cuts
across caste, creed, class and all educational levels. Domestic violence is one of the crimes
against women which are linked to their disadvantageous position in the society. Domestic
violence refers to violence against women especially in matrimonial homes. Therefore
domestic violence is recognized as the significant barriers of the empowerment of women,
with consequences of women’s health, their health-seeking behaviour and their adoption of
small family norm.

Domestic violence is a heinous crime against society that has operated as a serious
form of oppression of women and which has been increasing in alarming proportions.
Incidence of domestic violence crosses all the barriers of class, income, race, culture and
religion and is a highly under reported crime. Domestic violence is one of the greatest
obstacles to gender equality and securing for women their fundamental rights to equal
protection under the law and the right to life and liberty.
Women throughout the world have been accorded lower status than men.
Traditionally, women were expected to be married off and settle down in life. Rights of
power, position and authority over women were accorded to men. Women were given a very
subordinate role and status, as the socio-economic and external conditions prevailing in
ancient times were not favourable for the free movement of women. In the 21st century even
though women are educated and equally participating in employment with men, still there are
the social conventions, traditions and restrictions controlling the life of women directly or
indirectly. Violence against women is a serious problem concerning human rights violation.
In last two decades violence against women has emerged as the most burning issue
throughout the globe.

Violence against women is any act of gender-based violence which results in,
physical, sexual arbitrary deprivation of liberty in public or private life and violation of
human rights of women in situations of armed conflicts (Sheela Saravanan, 2000).Women
face restrictions in mobility, usually have less to eat than their male counterparts, are denied
proper education and health care, are often forced into early arranged marriages, have few
opportunities of employment and are underrepresented in the governments (Wahed and
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Bhuiya, 2007). Violence against women is present across the world cutting across boundaries
of culture, class, education, income, ethnicity and age. When the violence occurs within
home, the abuse is effectively condoned by the tacit silence and the indifference by the
instruments of the state and the law-enforcing machinery. Internationally, one in three women
have been beaten, coerced into sex or abused in their lifetime by a member of her own family
(Heise et al. 1999). The empirical study that numbers of family members, types of marriage
and husband’s education besides menstrual problems have significant influence on domestic
violence Murthy et al. (2004). While many researchers come out with findings that lifestyle
of men such as smoking, alcoholism and drugs promote men to commit domestic violence
(Leonard, 1992; Mc Kenry et al., 1995; Rao, 1997 and Bhatt, 1998). Domestic abuse has
many forms, including physical aggression or threats thereof; sexual abuse; emotional abuse;
controlling or domineering; intimidation; economic deprivation etc. Domestic violence can
be possibly considered the most important element of the set of violence against women
because of its far-reaching implications on their health, physical as well as psychological. It is
not only a matter of human rights but also a concern of public health Heise et al. 2002; Bates
et al. (2004).

Nature, Incidence of Domestic Violence against Women

Domestic violence is as old as Indian history itself. The nature and extent of domestic
violence depends upon the quality of life and basic social cultural milieu. Family as an
institution laid down certain principles, which regulate the relationship between husband,
wife and their children. The domestic violence causes a breach in the husband wife
relationship due to many reasons. Primarily, the violence can be categorized in two ways i.e.,
Mental and Physical. The mental violence can be carried out with the help of psychological
weapons (insult, abuse, humiliation etc.), that hurt the individual and the scars are deep
rooted. The physical violence includes different types of aggressive /physical assaults i.e.,
husband beating wife. The physical violence is quite common among people living in lower
and lower middle strata of the society. The inmates living in the family are generally affected
by such incidents. But the adults such as parents, brothers, sisters and in laws are less affected
by such acts as compared to innocent children who are in the formative phase or developing
stage. The universality and pervasiveness of violence against women cuts across
geographical, cultural and ethnic boundaries, so does it persist despite significant social

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changes. The difference is usually one only of culturally or temporarily specific

manifestations, but rarely that of the presence or absence of this violence itself. Domestic
violence is a problem that affects many people in many countries, nowadays. The victims are
mostly women and children and the abusers are usually their husbands /fathers. It usually
happens at home, women of all cultures, races, occupations, income levels and ages are
battered by husbands.
The domestic violence against women composes of all acts which hurt the women
physically and mentally. Thus it reflects in all practices related to wife beating, harassment of
women, denial to basic rights and needs to women, demand of dowry, grabbing of working
women's money, threat of divorce to wives, eve teasing of girls, sexual
exploitation/harassment of women, psychological torture, denial of due property rights, abuse
of women by in laws families, attempt to kill women in these families, bride- burning and
rape of women.1 An aspect of power dynamics of social situations, violence is not simply
aggression or injury committed by one individual (man) against another (women); it is a
behaviour in which a more powerful person takes advantage of and abuses a less powerful
one.2 The domestic violence as in other parts of country is seen in Kashmir as well. In spite of
education and economic empowerment of women they are still subjected to many types of
violence at her in laws home. There is need to understand the level of violence found in the
urban Kashmir, so that socio-legal measures could be taken for preventing the same in future.

Domestic Violence against women is increasing alarmingly in the Kashmir Valley

while the studies carried out revealed that more than 40 per cent of women in Kashmir are
physically or mentally abused by the husbands or by the in-laws. Observers believe that in
most of the cases of domestic violence, the reasons are dowry, interference from in-laws,
misunderstandings, giving birth to female babies and it results in a steep rise in the number of
domestic violence cases in Kashmir. Domestic violence is a growing menace in the state and
it is considered as a private matter which discourages women to reveal it in public or report it.

Thus, a broader view of violence is taken for the purpose of the study. Further, for the
purpose of analysis domestic violence against women has been classified as (i) Physical (ii)

1
Dr. Bashir Ahmed Dabla, (2009), Domestic violence against women in the Kashmir valley.
2
Dr.M.U.Qureshi, (2006), Women and Crime. Jay Kay Publishers Kashmir.

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Emotional and (iii) Economic. While describing the nature, incidence and extent of domestic
violence, different forms of violence used by perpetrators were considered;
(i) Respondents Perceptions of Domestic Violence: The perceptions of domestic violence
reported by the respondents were different depending upon the nature of violence
experienced by them. Naturally, respondents who did not experience any violence could not
give their perception in clear terms. Beating by husband was perceived as domestic violence
by large majority of respondent (about 90.09 per cent) and torturing by 78 per cent of
respondents. Around 35 to 39 per cent respondents perceived scolding, insulting, repeated
quarrels, mental harassment and rude behaviour, singularly or jointly, as domestic violence
against women. About 30 to 40 per cent respondents treated sexual abuse and suspecting
character as their perception of domestic violence. Thus, it is clear that there is no uniformity
about the nature of domestic violence in the opinion of the respondents.
(ii) Instigators of Domestic Violence: Domestic violence is not a natural phenomenon and
as such is not the outcome of natural relationship and behaviour. In reality, it is the effect of
some precipitating factors and instigation. Mother-in-law in the family is regarded as the
principal instigator of violence against daughter in law.
However, the findings of this study do not support this view. The study reveals that in
majority of the cases (90.09), the husband was the principal instigator of violence as against
40 per cent of the cases, wherein mother-in-law played major role in instigating violence.
Instigation from father-in-law and brother-in-law was not significant. However, sister-in-law
was not much behind in instigating violence. Our study indicates that husband is the principal
instigator and also executor of violence in the family.
(iii) Nature & Extent of Physical Violence: The most common and frequently used forms of
physical violence reported by the respondents are slaps, beating, pushing, kicking, throwing
objects, beating with cane, burning with rod, holding with rope, sexual coercion or assault.
Out of these beating, kicking, slapping and pushing were reported by about 58 per cent of the
respondents as the forms of domestic violence.
Most of the respondents in this category were from middle class and lower class
families and in 90.09 per cent of the cases the perpetrators were their husbands. Assault with
weapon and sexual assault were reported only in about 30 per cent to 40 per cent of the cases.

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Thus, in majority of the cases, the forms of physical violence used by the perpetrators were
found to be beating, slapping, pushing, kicking, assault with weapons and sexual abuse. 3
(iv) Nature and Extent of Emotional Violence: Domestic violence also includes placing a
woman in fear of imminent serious bodily harm by threat of force. This causes a reasonable
person to suffer substantial emotional distress. The respondents were asked to describe the
nature and extent of emotional violence used against them by the perpetrators. About 22.3 per
cent of the victims of domestic violence reported that they were emotionally abused by
insulting them in the presence of their children and relatives, by blaming them for everything
that went wrong in the family, levelling charges against them on small and negligible matters
and compelling them to feel guilty for no fault of theirs. The study also revealed that about
0.99 per cent of the respondents were given threats of divorce, treated like servants in the
family and were harassed in a number of ways. The worst type of emotional abuse experience
by about 11 per cent of the respondents was the repeated charge of extra- marital relations. A
number of respondents, it is observed, were not allowed to meet their friend, relatives and
parents, they had no freedom to express their views on family matters, their health problems
were neglected and strict watch was kept on their movements. To state precisely, a
sufficiently large number of respondents (about 22.3 per cent) were the victims of emotional
abuse. The study also revealed that the incidence and extent of emotional abuse was more in
urban areas as compared with rural areas. Similarly, the victims of emotional violence were
more in number from upper class, higher-middle class and lower-middleclass families as
compared to lower class families and families living below poverty line.
(V) Economic Abuse: Economic abuse is a new concept in domestic violence. It is the result
of dependency. Women’s access to resources is largely determined by their relationships to
men though marriage. The dependency of women is fully exploited by men for controlling
women. In the present study efforts were made to find out how far dependency results in
economic abuse of women. In order to maintain dependency the women respondents were
prevented from taking a job, they were forced to leave the existing job, full salary was
forcefully seized from them, they were pressurised to bring money from their family of
orientation and they were not given freedom to make purchases of their choice.

3
Agence Flavia (1987). Violence in the family: Wife Beating. Rehana Gandially (ed.) New Delhi: Sage
Publications.

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(vi) Frequency of Violence: Violence against women, if occasionally caused, does not
assume the form of a problem. However, when it is repeatedly used, for whatever reasons, it
does become a cognisable issue. As a part of this study, it was, therefore, enquired as to how
many times the act of violence is repeated in the case of a victim.
The results revealed that about 21.3 per cent of the respondents faced violence
practically every day. Incident of violence in the cases of 24.7 per cent of the respondents
faced violence once or twice in a week. About 27.3 per cent of the respondents faced violence
in a year. It was observed that the frequency of violence was not uniform in all cases and
there was variation from one case to the other. No significant difference was noticed between
the rural and urban areas in this respect. However, it was observed that frequency of violence
was more in lower class and below poverty line families as compared to families belonging to
upper class and middle class families. Further, as compared to joint families, the violence
appeared to be more frequent in nuclear families.
(vii) Duration of Violence: The respondents were asked to state as to how long they were
being abused. A large majority (80 per cent) of respondents informed that they were victims
of violence for the last more than five years, followed by 70 percentages of respondents who
were being harassed in their family for the last one to five years. It is observed that these
women are living under violent conditions due to a number of limiting factors.
(ix) Impact of Domestic Violence: Domestic violence is not considered seriously unless it
involves homicide or serious physical injury to the victim. However, from the stand point of
victim violence, in whatever form or in whatever degree, is violence.
The reactions of victims about the violence experienced by them are likely to be
different depending upon their level of education, family background, life situation and
availability or non-availability of alternatives. The reaction to abuse may be sudden or
instant, it may also culminate into long-term impact on the life of the victim, her children and
family as a whole.
The immediate reactions to violence as reported by the respondents were resistance,
fighting back, hatred against the abuser, feeling of taking revenge, helplessness, humiliation
and shame. It was observed in analysis of data that about 26 per cent of the respondents
resisted the violent action of the perpetrators and about 60 per cent fought back for defending
them from the abuse. However, 10 per cent of the total respondents were helpless and had to

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surrender to the perpetrators. About 4 per cent of the respondents in each case developed
hatred against the abusers and had a strong feeling of taking revenge. Feeling of helplessness
and shame was also reported by some of the respondents.
(x) Coping Behaviour of Victims: The victims of domestic violence adopt a number of
strategies for dealing with the abusive situation. The strategies depend upon their perceptions
of violent situation. The analysis of victims immediate reactions to violence indicated that
their reactions were either self-directed or directed to others.
However, when the strategies bear no results the victim feels helpless and is
compelled to seek some help from other persons. The sources of help are informal and
formal. The victim in the first instance approaches informal sources for help and when she
fails in seeking their help the victim has no other alternative than to seek the help from formal
sources. In the present study, we have examined the coping behaviour of the victims of
violence with reference to personal strategies, use of informal assistance sources and formal
help sources. It is observed that the victims have first used informal help sources before
approaching the formal help sources, when personal strategies failed to give expected results.
The analysis of data clearly showed that in majority of the cases (44%), family members did
not intervene to stop the violence, when the respondents were abused in their very presence.
It is observed that in more than 50 per cent of the cases from district Srinagar there was no
intervention of family members when the respondents were abused physically, verbally,
emotionally and economically. There was no significant difference in the attitude of family
members from urban and rural areas and from upper class, middle class and lower class
families. Nearly 49 per cent of the respondents approached the informal sources with a view
to seek their help but about one-third of them could not do so for reasons not disclosed by
them. In minority of the cases the victims were advised to patch up with the abusers or break
off their marriage. Only in about one-third of the cases, the victims were directed to seek help
from NGOs or police or seek the advice from lawyers.
It is interesting to note that in spite of the abusive situation the victims continued to
live with the perpetrators. An enquiry into the compulsions under which they were living in
abusive situation revealed that majority of them had no other place to go for shelter. (43%);
about one-fourth had to do so for the sake of their children and nearly 16 per cent of them

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were tolerating the abuse under pressure from their parents. There were others who hoped
that situation will change for better in future.
(xii) Long-term Impact of Domestic Violence: In the present study, attempts were made to
examine the long-term impact of domestic violence on the personal and social life of the
victims. About 5 per cent of the respondents did not report any long term impact of violence.
However, about 38 per cent of the respondents were mentally disturbed and disorganised;
about 23 per cent in each case reduced their social contacts and were ashamed of mixing with
friends and relatives and about 26 per cent were living with impaired health. Thus, more than
three-fourth of the respondents were victims of long term impact of violence.
(xiii) Impact on Family Life: The domestic violence against women spoils the cordial
relationships among the members of the family. The data analysis revealed that due to
violence perpetrated against women the conjugal relations were strained and were always
under tension in about 39 per cent of the cases. Quarrels took place on minor issues
frequently in about 29 per cent of the families. Mutual trust between the husband and the wife
was lost in about 23 per cent of the cases and communication gap widened in about 21 per
cent of the cases. Thus, as reported by a large majority of the respondents (about 81 per cent)
the normal family life is disturbed and adversely affected due to violence against women.
(xiv) Impact on the Life of Children: How and in what manner the life of children is
affected due to domestic violence? The serious impact of verbal and physical violence against
women leads to loss of respect for elders in the family. The data analysis disclosed that in
about 20 per cent of the families the children lost respects for their parents, they were not
properly taken care of by the abused mothers and they always remain under tension. The
responding mothers also reported that the personality development of the children was
blocked (16%) and they were afraid that their children may become the abusers in their life
(10%). Thus, the life of the children in the families where their mothers are abused gets
adversely affected.4
(xv) Impact on Sex-life of Victims: About 70 per cent of the respondents gave positive
response to the question on sex-life. The respondents both from urban and rural areas and
from families having different social status freely expressed their views on impact of violence
on their sex-life. A majority of 23 per cent of the respondents out of 202 reported that they

4
Ganguly Arti (1993). "Violence in the Family" An objective Analysis in Promila Kapur (ed.) Girl-Child and
Family Violence, New Delhi: Har Aanand Publications.

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have lost interest in sex as well as love for their husbands due to violence committed on them
in which their husbands were directly or indirectly involved. Nearly 90.09 per cent of the
respondents developed irritation for their husbands because husbands themselves were the
perpetrators of violence against them. As the memories of violence and inhuman treatment
invaded the minds of about 13 per cent of the respondents could not get satisfaction during
and after the sex.
(xvi) Opinion about the Relief available to the Victims of Violence
It was observed during the process of investigation that a large number of respondents were
ignorant about the relief available to the victims of domestic violence. Therefore, the
investigators had to explain to them the nature and sources of relief available under law and
with the social organisations before recording their opinion on the reliefs available. In spite of
these efforts on the part of investigators about 19 per cent of the respondents indicated their
inability to state their opinion on the relief available to victims of violence. In the opinion of
about 15 per cent of the respondents the relief available to the victims were not effective as
far as the protection of interest of the abused women was concerned. Nearly 12 per cent of
the respondents rated the available relief as insufficient to meet the requirements of the
victims. “The relief measures were described as complicated due to procedures that were
beyond the understanding of ordinary victims” was the opinion of about 18 per cent of the
respondents and equal per cent of the respondents firmly stated that the available relief was
not guaranteed. Thus, about 80 per cent of the respondents were not satisfied with the relief
available to victims of domestic violence.
(xvii) Suggestions for Reducing/Curbing Domestic Violence: It is to be noted that most of
the respondents were confused about the suggestions to be made for reducing domestic
violence. In spite of this the respondents from urban as well as rural areas suggested a
number of measures to curtail the incidence of domestic violence against women. The
measures suggested by the respondents were (I) creating awareness on family and community
level (47 per cent), (ii) very strict and effective law to punish the abusers and protect the
victims (31 per cent), (iii) Family orientation for cordial interpersonal relations among the
family members (30 per cent), and (iv) launching a drive against the evil of domestic violence
by social activists (25 per cent). Suggestions like public defamation of abusers, social boycott
of perpetrators and spiritual guidance by religious leaders etc. were also made by about 15

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per cent of the respondents. Thus, the measures suggested by majority of respondents point
out to the lacuna in the present efforts on the part of social organisation and Government
policy regarding this issue.
CONCLUSION
Domestic Violence is a sensitive topic and the varying causes which can spark the
violence within the four walls of homes need to be analyzed carefully and study of the factors
causing the violence may prevent a family to suffer from the menace of domestic violence. In
India comprehensive household data on the prevalence and costs of domestic violence are
lacking. This hidden nature of domestic violence against women remains so due to the social
construction of the division between public and private affairs, either because women are
ashamed to discuss about it, or because no one has thought to ask them about it, or because it
is considered as a natural part of culture. Domestic violence is to be perceived not as a law
and order problem alone. Primarily it is a socio cultural problem. Its impact has far reaching
effects on the family life, health of woman, life of children etc. Studies such as these which
examine the causes, its nature and manifestations and consequences would assist the general
society to understand the magnitude as well as its implications on the lives as well as the
institution of family. Examining the characteristics of the women who experience violence
and the contexts in which they live helps to identify some of the common risk factors, if any,
for violence.
SUGGESTIONS
It is to be noted that most of the respondents were confused about the suggestions to
be made for reducing domestic violence. In spite of this the respondents from urban as well
as rural areas suggested a number of measures to curtail the incidence of domestic violence
against women. The measures suggested by the respondents were (I) creating awareness at
family and community level, (ii) very strict and effective law to punish the abusers and
protect the victims, (iii) Family orientation for cordial interpersonal relations among the
family members, and (IV) launching a drive against the evil of domestic violence by social
activists. Suggestions like public defamation of abusers, social boycott of perpetrators and
spiritual guidance by religious leaders etc. were also made by about 15 per cent of the
respondents. Thus, the measures suggested by majority of respondents point out to the lacuna

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in the present efforts on the part of social organization and Government policy regarding this
issue.
1. It has been generally observed that all practices related to violence against women may not
be controlled wholly or negated completely with the formulation and application of the
relevant social legislation only. There is also the need of broader social support through the
organization of social movement against these inhuman practices. Thus, the legal and social
efforts at various levels jointly may lead to the resolution of the problems created by these
practices.
2. Social legislature may be carried out about all practices related to violence against
women. In this connection, while it may be updated/ revised in the context of radical changes,
uncovered areas in domestic violence against women, such as torture-harassment by in-laws
and grabbing the salary of working women, may be covered fully.
3. It seems important to establish sufficient number of family courts in State to deal with
and resolve chronic as well as fresh cases of domestic violence against women. If this
practice succeeds in resolving significant number of relevant cases, it will have long-term
positive implications on the resolution of problems of the concerned women. Some cases,
especially related to separation, divorce, maintenance, inheritance rights, torture, dowry
deaths, molestation and physical beating, may be taken up and resolved to the maximum
satisfaction of the parties concerned.
4. In addition to the police and courts, the role of the ‘Mohalla Committees’ seems highly
relevant and needed for the realistic, effective and productive resolution of women’s
problems related to domestic violence. These committees may compose of the social
notables, senior citizens, family/clan heads and other relevant persons of the concerned
locality and may function within the local area only.
5. It seems necessary to develop among women awareness about their rights and obligations
in all fields of life. While this process may be carried out in the schools, families, educational,
religious, political, and cultural and other institutions, it needs a broader, deeper and
continuous campaign by women as well as by men. Without proper social awareness among
women, they can neither think about nor can resist different practices related to domestic
violence against them.
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