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IntroductionViolence in the home is a subject of increasingly public concern. According to Davis in the Encyclopediaof Social Work, "The most affected victims, physically and psychologically, are women, including singleand married women and women separated or divorced from their partners" (Davis, 1995, p.789). For years violence against women has been excluded from everyday conversations for many reasons.Women of all races and social levels are victims of violence in the home. There are many theories as towhy this problem has been ignored for centuries with no focused attention. Violence is clearly a problem.Most agree that the solution to violence against women is to prevent it completely from ever occurringthrough measures which include harsher laws such as policies and procedures.Domestic Violence against women reaches all socioeconomic levels. Domestic Violence is not prejudice.However, most women whom suffer from domestic violence have come from a life of poverty and little or noeducation. There are many factors that play in part for a woman to become a victim of domestic violence.The question of why a woman would stay in an abusive relationship is of concern too. There are manyfactors as to why a woman would choose to stay in an abusive relationship or marriage. Most stay due tolack of finances, living stables, lack of education and for their children. For the most part, women whomdo leave an abusive home must resort to government assistance as a means of support: Which often failsand many times forcing them to return. From half to two thirds of women receiving public assistance arevictims of domestic violence (Barusch, 2002).Some women may stay in an abusive marriage due to the lack of laws to protect them from harm or in theevent that another person will threaten harm. In recent years, laws have been improved on to assist

women in this area.

Violence against women takes many forms ± physical, sexual, psychological and economic. These forms of violence are interrelated and affect women from before birth to old age. Some types of violence, such astrafficking, cross national boundaries. Women who experience violence suffer a range of health problemsand their ability to participate in public life is diminished. Violence against women harms families andcommunities across generations and reinforces other violence prevalent in society. Violence againstwomen is not confined to a specific culture, region or country, or to particular groups of women within asociety. The roots of violence against women lie in persistent discrimination against women. Up to 70 per cent of women experience violence in their lifetime. The most common form of violence experienced bywomen globally is physical violence inflicted by an intimate partner, with women beaten, coerced into sex or otherwise abused.

A World Health Organization (WHO) study in 11 countries found that the percentage of women who hadbeen subjected to sexual violence by an intimate partner ranged from 6 per cent in Japan to 59 per cent inEthiopia. Several global surveys suggest that half of all women who die from homicide are killed by their current or former husbands or partners. In Australia, Canada, Israel, South Africa and the United States, 40to 70 per cent of female murder victims were killed by their partners, according to the World HealthOrganization. In Colombia, one woman is reportedly killed by her partner or former partner every six days.Psychological or emotional violence by intimate partners is also widespread.

It is estimated that, worldwide, one in five women will become a victim of rape or attempted rape in her lifetime. The practice of early marriage ± a form of sexual violence ±is common worldwide, especially in

Africa and South Asia. Young girls are often forced into the marriage and into sexual relations,...DomesticViolence is now a well-known global occurrence affecting not only women but also their children too.Violence against woman has been around since the dawn of time. We have all seen cartoon pictures of the

caveman dragging his mate behind him by her hair. It was just something that men did. Woman had noprotection against men especially if they were married to their attacker. For the first 75 years of the 20thcentury women were seen as meek and subservient to their men and were also owned by those men. Menhad a social right to keep their women under control. Things began to change from the late 1960's early1970's. As feminism became more popular the feelings that men owned their women began to subside. Butthis change in society did not so much to change the occurrence and violence of violence in the home. Sowhat exactly is domestic violence? " Domestic Violence is usually defined as physical, emotional, sexualand other abuse by someone (usually but not always a man) of a person (usually not always a woman) withwhom they have or have had some form of intimate relationship such as marriage, in order to maintainpower and control over that person. It may include threats to kill or harm the woman and/or her children or



other family members" (Barron 1992) Lists of typical injuries sustained by victims include: § Bruising §Bleeding § Hair loss § Knife wounds § Scratches to body and face § Concussion § Broken/loss of teeth Thislist could go and on. Injuries do not have to include physical but also mental. The cause of domesticviolence against women can never fully be documented.

Sexual harassment is any kind of sexual behavior that is unwelcome and/ or inappropriate for the workplace. There are four examples of sexual harassment: making sexual advances, making solicitations,making sexual requests, and making demands for sexual compliance. This includes verbal harassment andvisual harassment such as posters, cartoons, and drawings. Sexual harassment has an impact on men, butit has a larger impact on women in the world today.The percentage of women being sexually harassed is much higher than the percentage of men. Eventhough that it not tolerated, it still happens regardless of the consequences, even in the nineties.

This is taking place because women have been viewed as outsiders in a male environment. This alsooccurs for women because we are entering a male dominated area. There are still some areas restrictedbecause of it. For example: serving in direct combat capacities such as armor, infantry, and specialforces-branches from which much of senior leadership is drawn.

Sexual harassment is believed to be increasing, but a lot of sexual harassment goes unreported. Mostwomen are afraid to report their cases for fear of being thrown out of their job or military. Also, they do not

know where to go or what to do about it. Women can get the feeling of not trusting anyone for two reasons.One, almost all commanding ranks are taken by men, and two, men are more likely to help someone of thesame gender then the other.

In traditional legal education, violence against women is not typically a subject in the law course in

its own right nor, more importantly, is it a topic in a general compulsory course such as propertylaw, contract, equity or administrative law. While it is an essential and comparatively visible part

of criminal law in courses in Australian law schools, it should also be a prominent part of alltraditional law subjects. Violence is often part of the context of a case, or essential to

understanding the dispute between the parties, even while it is not the central focus of the case. Thefederal Department of Employment, Education and Training (DEET) has recognised this by

providing funds for the development of course materials on key thematic areas, including violence,for inclusion in core subjects within the law curriculum.

The law can respond to violence against women in a number of different ways, as an examinationof violence against women in the home illustrates. These responses include enforcement of

existing criminal laws, such as the law of assault; resort to quasi-criminal laws, such as the use of protection/restraining/apprehended violence orders; the use of administrative law remedies, such

as a writ of mandamus to compel police to exercise their powers under the criminal law inappropriate cases.

These under- mentioned provisions are enumerated in Indian Penal Code, 1860:

¢ Section 304-B ----- dowry death¢ Section 354 ----- Assault or criminal force to woman¢ Section 361 ----- kidnapping from lawful guardianship

¢ Section 366 ----- kidnapping, abducting or inducing a woman¢ Section 372 -----selling minor for purposes of prostitution

¢ Section 376 ----- rape¢ Section 376-A ----- intercourse by a man with his wife during separation

¢ Section 376-B ----- intercourse by public servant with woman in his custody



¢ Section 376-D ----- intercourse by any member of the hospital with any woman in that hospital¢ Section 494 ----- remarriage

¢ Section 498 ----- enticing or taking away or detain a married woman¢ Section 498-A ----- dowry cruelty

These are the main offences under the IPC against women. Certain offences are general against allwomen and certain offences are applicable in respect of married women.

Offence of rape is regarded as one of the most heinous crimes. Every person's physical body is a

temple in itself . No one has the right to encroach and create turmoil. When there is any kind of invasion or trespass, it offends one's right. The right of a woman to live in her physical frame with

dignity is an epitomization of sacrosanctity. An impingement or incursion creates a sense of trauma in the mind of the person. Not only does the body suffers but also the mind goes through

such agony and tormentation that one may not be in a position to forget it throughout her life. She

becomes a different person in the eyes of the society for no fault of hers. That apart the offence of rape is an offence which creates s a dent in the social marrow of the collective and a concavity inthe morality of the society.

The other offences which relate to women and have become wanton and excessive are offences

under section 304-B and 498-A. the apex court has given a broader meaning to the concept of cruelty enshrined under section 498-A of ipc. A case may not fall under section 304-B when

ingredients are not fulfilled but when cruelty is otherwise proved, the trial judge is entitled torecord a conviction under section 498-A. The ingredients which are necessary to be satisfied for an

offence under section 304-B are as follows:

¢ The death of the woman is caused by any burns or bodily injuries.¢ Occurs otherwise than under abnormal circumstances.

¢ And the aforesaid two factors spring within the seven years of the girl's marriage, and¢ Soon after her death, she was subjected to cruelty and harrased by her husband or his relatives;

and¢ This is in connection with the demand of dowry.

A co-ordinated response to domestic violence requires a rethinking of, among other things,

housing and social security policies. In the context of social security, a history or current fear of violence may arise as an issue in a number of ways. For example, a sole parent may not wish to

pursue child support from her former violent partner because she is in fear of him. This is a matter,which has been recognized by the Department of Social Security in its guidelines as forming a

valid basis for an exemption from the obligation to pursue support from her ex-partner.Alternatively a woman may be overpaid entitlements as a result of pressure by a male partner to

make a claim to which she is not entitled. It has also been suggested to the Commission thatwomen who fear violence from their ex-partner may be more likely to plead guilty when

confronted with criminal charges relating to overpayments, which may themselves flow from theviolence by a partner. In one case recounted, a woman had pleaded guilty as she believed that this



would prevent her ex-partner from finding her. It was suggested that if she had been prepared to plead not guilty and the matter gone to trial, she would most likely have been acquitted. It appears

that there may be many situations in which men's violence against women (and children) may becentral to the context of a case but not formally be an issue for decision.

Suggestions and observations

# A wider social movement of educating women of their rights, to conquer the menace, is neededmore particularly in rural areas where women are still largely uneducated and less aware of their

rights and fall an easy prey to their exploitation.

# It is expected that the courts would deal with such cases in a more realistic manner and not allow

the criminals to escape on account of procedural technicalities or insignificant lacunae in theevidence as otherwise the criminals would receive encouragement and the victims of the crime

would be totally discouraged by the crime going unpunished.

# The courts are expected to be sensitive in cases involving crime against women. The verdict of acquittal made by the trial court in the case is an apt illustration of the lack of sensitivity on the part

of the trial court.

# Another fact is delay in filing of F.I.R. in a case of rape it is dependent upon the facts of eachcase. The victim does not immediately rush to the police station to lodge an F.I.R. she has too

overcome the trauma. There is consultation with the family members and a decision is taken. Allthese circumstances are to be kept in mind.

# It is noticed that some judges unnecessarily gives emphasis on the presence of spermatozoa in

the victim's private parts. It is to be borne in mind that the definition of rape has a differentconnotation. A mild penetration would meet the ingredients of the crime. There may be severalcircumstances which affect the presence of the spermatozoa and hence, emphasis on the same is

unwarranted.

Violence is a part of the background to many legal disputes, even though it is less frequently thecentral issue before a court or tribunal. The examples above are merely illustrations. Many others

could have been chosen to make the same point.

Other areas of federal law which warrant some further scrutiny in this context include banking andinsurance, and the now well-recognized phenomenon of 'sexually transmitted debt', or unconscionable guarantees; customs law regulating the importation of pornography and other

material which is violent or contributes to the maintenance of women in a position of disadvantage; broadcasting law and the ways in which vilification of women is dealt with;

employment, law and the centrality of sexual harassment as an occupational health and safetyissue.

Download - DLLE (Violence Against Women )

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