ABSTRACT
Most often the term ‘Domestic Violence’, pictures a scene where a woman is beaten up by her husband. But is the scope of the term just limited to that or is there much more to it? Is domestic violence actually a women’s issue or is there something to do with the issues involving the men in our society? Is it the wife who is subjected to such torturous situations or do the mothers, sisters and daughters also face similar situations at home? These are certain questions that need to be answered to make one understand the true implications of domestic violence.
As far as the legal position is concerned, our Parliament has passed an Act called ‘The Protection of Women from Domestic Violence Act, 2005’ with the aim to provide more effective protection of the rights of women, who are victims of violence of any kind, occurring within the family, within the domestic spheres.
One of the major drawbacks of this Act is that it does not extend its protection to women living in the household other than the wife. The only provision they have is the ‘Right to Reside’. Moreover, domestic violence is considered to be a domestic affair and women often, in the name of the honor of the family do not report the violence, they rather prefer to remain silent on such occurrences of cruelty.
Further, this Act does not address the issue of Marital Rape which is a crime. Unfortunately our constitution has not provided any remedy for the victims of such a crime.
This paper aims to find real
Prior to the 1800’s, the majority of legal systems regarded ‘wife beating’ as a way in which a husband could assert his dominance and authority over his wife. Within the 1970’s, attention to domestic violence began with the woman’s movement, principally through the introduction of feminism and women’s rights. In recent years however, the way domestic violence is viewed has changed. Previously, domestic violence only occurred within marriage, predominantly against wives and therefore formalised through the use of a marriage contract. Within modern society, domestic violence can now refer to
Domestic violence: a taboo issue in our society, where the discussion is shut down by fear of instability or vulnerability. A crime, hidden from plain view, behind closed doors, that harms up to half a million innocent individuals every year. Someone is experiencing some form of domestic violence as we speak as for every 15 seconds there is a woman beaten around the world, and for every hour as many as 115 children are abused. Domestic violence, or intimate partner violence, is a violation of human rights. It involves violent, abusive or intimidating behaviour carried out by an adult against a partner or former partner to control and dominate that person. Violence of any form should not be accepted in our modern society it nurtures fear and hatred, and it should not be locked away as an allowable social norm. We should be better than that.
For centuries domestic violence has been perceived as a private matter private of which the government has not been concerned about nor was it considered the government’s business to intervene on behalf of a battered spouse. The unlawful nature of this failure for state or federal government intervention against this crime contributed to the systematic abuse of women in the family. The traditions, customs, and common law found in both British and American societies continued right up until the last decade of the 20th century and left the battered wives and very frequently, her children, at the mercy of the husband. It wasn’t until the 1990’s when the government began to do something to protect mothers, wives, and lovers from intimate
Feminism has not changed today, but its focus has changed. Many women today have good education and employment opportunities just like men, as the early feminist fought for them. Now, after getting all these, men are now discriminating them and at times abusing them in order to undermine their hard work and potentiality. Men are doing all they can to undermine the success women have been able to acquired, however, today’s feminism is struggling to protect women and girls from domestic violence, sexual harassment, and rape as well as discrimination.
Domestic violence, alternatively referred to as Intimate Partner Violence, is defined by the Department of Justice as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.” While domestic violence is commonly thought of as only physical or sexual abuse, domestic violence can also be emotional, economic, or psychological. Domestic violence has remained constant in society throughout history, even though over time society’s response to the issue has changed. While domestic violence affects everyone regardless of race, gender, age, etc. it is estimated that approximately 90% of all victims are women. For the purpose of this paper, I will be focusing on
With just the slight tweaking of just a few laws, the protection of domestic violence victims could be greatly improved and make many of them feel a lot safer when going to sleep at night. It would be a wise decision if the government implemented these changes in order to protect the victims of domestic violence, it would solve a lot of existing problems and make sure that the domestic violence victims are feeling safe
The Domestic and Family Violence Protection Act 2012 is the act of Parliament that deals with domestic violence. The key aims of the legislation are to provide immediate and short to middle term protection for aggrieved people. Under Division 2 number 8, domestic violence can be defined as “behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that— (a) is physically or sexually abusive; or (b) is emotionally or psychologically abusive (c) is economically abusive; or (d) is threatening; or (e) is coercive; or (f) in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else as shown in Appendix A”. Violence occurs between intimate partners, husband and wife, ex - partners, step- parents, parents and their teenage or adult children as well as disabled people and their carer. (Domestic and Family Violence Protection Act 2012).
Domestic violence wears many different masks and is even accepted in some societies. Many different cultures around the world have been and continue to be affected by the results of domestic violence. The term, “domestic violence,” was first
Section 76 of the Serious Crime Act 2015 to an extent has added to the existing criminal remedies by focussing not just on the physicality of domestic violence but also the psychological aspect in terms of controlling and coercive behaviour (coercive meaning acts used to harm or frighten and controlling meaning acts used to make another subordinate by isolating and depriving them ). However, it has not significantly changed the rules of evidence in protecting victims of domestic violence. In this light, it can be argued that there are problems with the implementation of section 76 in that it does not fully protect victims of domestic violence.
Women abuse is a problem that plagues society in numerous ways. It is a problem that lacks proper definition in today’s society, and as a result has many misconceptions regarding the subject. It has been a problem that has been going on for centuries and has only recently been discussed as inappropriate and a disgusting act against women. The stereotypical family of a mother, father and children, loving, caring and happy with each other is always depicted on television. Real life relationships and families range from happy and loving to extreme dysfunctional in today’s society. Not every relationship and family experiences the “haven in the heartless world” (Momirov, 2011), many experience more heartless world within the family. This paper will focus on women abuse within the family. The purpose of this paper is to explore women that are victims of domestic abuse and the social structures that create the social problem women will face for the rest of their lives. This paper argues that neoliberal state policies create the social conditions that force abused women to stay in abusive relationships. This paper covers women abuse through three main parts. Part one of this essay will
This essay will critically analyse the significant changes that have occurred within domestic violence which is viewed as a vital subject within the criminal justice system. It will explore the way that domestic violence has progressively become a concerning issue in the criminal justice system from being relatively acceptable in recent history. In addition to this, the essay will explore legislation changes in relation to domestic violence and how the police have arguably been forced to change their attitudes towards a problem that was once thought of as a private regard. It will critically analyse the theories put forward as to why domestic violence occurs in today’s society. It will explore the weaknesses within the criminal justice system, especially the police in regards to domestic violence, the police previously viewed domestic violence as a matter of which they should not get involved. However as mentioned in the essay, after many reviews within the system, many improvements have been made to help protect the victim.
Domestic violence used to be considered a private family matter and was not considered a societal problem until feminists in the 70's started pushing the matter. Beginning in the 1970’s, social policy toward female victims of domestic assaults focused on improving legal response and
Domestic Violence is a human tragedy, and has been a part of life for many individuals. It is not subjective to a particular group, race, or culture. Historically, the feminist movement preserved the theory that domestic violence is a growing matter because of the continuous power differential between the male gender and the female gender. Remarkably, this approach on domestic disputes unveiled the inner workings of barriers men, women, and children would face when in a domestic violence situation. The feminist theory emphasizes on studying “the gendered nature of all relationships…which aims at understanding how gender is related to social inequalities and oppression” (Marsigila & Kulis, 2015, p. 148). Disastrously, an ignorant notion that once dominated our culture was the belief that emotional agony was less painful than physical brutality. However,
“Every year in the United States there are over 3 million incidents of domestic violence. That means that every nine seconds a women is beaten by her domestic partner” (Findeley). There are many women that stay silent when being abuse by their partners. The consequences of staying quiet when obtaining abuse can be dangerous and can also lead to death. Many women do not recognize the importance of the fact that there is in speaking out if they are being abuse by their partner. No woman should take domestic abuse by their partners. Every woman deserves a healthy relationship; A healthy relationship involves trust, respect, and consideration for the other person. Domestic abuse has gotten worse during the past years and is still rising up. One can see that domestic abuse can occur everywhere. Domestic abuse is considered a crime and woman should not keep silent when being abuse.
Domestic violence has been a main issue throughout history and all over the world; it can evidentially affect children, the elderly, women, and even men. Although abuse can affect many individuals, a significant portion of domestic abuse cases are against women. Globally, women are constantly facing physical, social and mental abuse by men and/or their significant others. In past years, the issue of domestic violence has gained the attention of researchers. In fact, studies have shown that it is a global issue negatively impacting the social and health status of individuals, particularly women. A survey of domestic abuse in Canada signifies that 29% of married women have been abused by their partners at least once (Nwosu, 2006). Many argue