World Day Of Social Justice: Preventing Domestic Violence is Essential For Social Justice

One of society's most marginalised and disenfranchised groups are unemployed survivors of domestic abuse. A lifetime of conditioning about marriage being the penultimate destination for women has left survivors of domestic abuse utterly alone within the confines of their marital home. All of this is made worse by a lack of a support system, no access to safe shelter and the journey to avail of redressal mechanisms being an uphill battle.

Domestic violence is a pervasive issue in our society - the National Family Health Survey-5 (NFHS-5) found that nearly 30% of women aged 18-49 had experienced domestic abuse. That is nearly one-third of India¡¯s women population being deprived of their rights.

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Given that domestic violence is a widespread issue, the process of survivors getting justice and opportunities to rebuild their lives has to be a multi-faceted one. Redressal and rehabilitation have to involve legal justice, building a support system and livelihood opportunities, to enable survivors to stand on their own two feet.

Last year, the National Commission for Women registered over 6,900 complaints of domestic violence, which accounted for 23% of the total number of gender-based violence cases (nearly 31,000) registered by the NCW. The NFHS-5 also revealed that 77% of survivors never sought help for the violence they had experienced.

Domestic violence is underreported for a variety of reasons, and the proportion of women who choose to remain in abusive marriages is not surprising. It is most difficult for married women with children who are financially dependent on their abusive husbands to leave. Many women are discouraged from leaving abusive marriages because of labels such as "divorcee" or "single mom" and their impact on their children. Lack of a strong support structure, fear of social judgement, and inability to provide for the child are all factors. Besides an abusive marital home, survivors have nowhere else to go.

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Nirupama, from Kalahandi (Odisha), was in an abusive marriage. Concerned for the safety of her two children and herself, she sought help from the Bijayani Women Support Centre (established by Oxfam India and partner NGOs), where she was counselled and encouraged to file a police report against her husband. Her husband was ordered to pay maintenance, which he stopped after two months. The counsellors at the support centre guided Nirupama to approach the Women's Commission, which assisted her in submitting a petition to the family court seeking maintenance. Nirupama was able to finally get out of an abusive relationship and receive Rs 7,000 in maintenance thanks to this support system, which comprises multiple organisations working seamlessly with one another.

While Nirupama got help, for most survivors approaching institutional sources of assistance is a daunting task. They have to overcome patriarchal societal norms that they themselves have been conditioned into, a culture of victim blaming, shaming, and fear of judgement¡ªall of which make a woman hesitate to speak up.

At the preliminary level, we must normalise the formation of a support system among family members, friends, and neighbours. This is after breaking the conditioning that domestic violence is a "private matter" that should be resolved at home. While it may be difficult for women to open up to friends and family, those who are approached must be nonjudgmental, sensitive, and supportive. It is not enough to ask survivors of violence to speak up; we must also develop the capacity as societies, communities, and individuals to listen to and believe survivors of violence.

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The counselling process needs to overcome the conditioning of a life that is only limited to marriage and family. According to the NFHS-5, more than 40% of women and 38% of men said that it was ok for a man to beat his wife if she disrespected her in-laws, neglected her home or children, went out without telling him, refused sex, or didn't cook properly. In four states, more than 77% of women justified wife beating. Even though there's been more reporting in the past decade, domestic violence is still hugely underreported in India, given how domestic violence is normalised. Patriarchal norms are intended to keep the institution of marriage strong while ignoring the abuse that occurs within its boundaries.

In terms of grievance redressal, the Protection of Women from Domestic Violence Act (2005) is comprehensive. The Act allows a magistrate to issue a stop violence order (Section 18), ensure that the survivor receives monetary relief (Section 20), and includes the right to seek relief in any court (family or criminal). However, existing laws and access to laws are very, very different. Survivors are then saddled with the task of overcoming the misogynist biases of the police and the courtroom.

Sometimes, even existing laws fail to provide a concrete form of relief in cases of domestic abuse. The purpose of Section 498A of the Indian Penal Code was to address marital violence. However, in the case of Arnesh Kumar v. State of Bihar (2014), the Supreme Court weakened the application of Section 498A, claiming that it was used as a weapon by disgruntled wives. The dilution of Section 498A has now enabled police officers to have a final say in whether or not the perpetrator should be arrested in a domestic violence incident. The assumption that false cases are more harmful than denials of First Information Reports (FIR) in genuine cases leads to police officials discouraging social workers and domestic violence survivors from filing a complaint.

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Priority should be given to infrastructure, such as the establishment of more one-stop support centres. Survivors must have access to medical, legal, and shelter services, in addition to counselling. To provide a variety of relief services and a quick turnaround while referring to one another, a streamlined communication process between various government and non-government bodies is required. For women to gain control of their own lives, increased efforts to improve women's livelihoods are required. This can be achieved by offering them vocational training, business credit, and job opportunities. The stigma associated with a working woman or a working woman in charge of her own finances who is bent on destroying the sanctity of the family unit must be removed. When women are reduced to family and marital responsibilities, their personhood suffers.

On the World Day of Social Justice, it is crucial to recognise that a long-term and dynamic approach is necessary to overcome the normalisation of domestic violence, break free from it, and ensure that survivors gain their independence. It is critical that this approach takes into account women's dignity, rights, and autonomy; that the legal recourse process is free of barriers such as patriarchal norms and a victim-blaming culture; and that survivors have access to quality resources such as education, healthcare, and livelihood opportunities, as well as safe and secure shelters, in order to live a life of safety, freedom, and self-determination.

About the author: Mahika Banerji is a member of the Communications team at Oxfam India. All views/opinions expressed in the article are of the author.