Am I a victim of domestic violence?

One of the most common misconceptions about domestic violence is that it is limited to physical abuse. It isn’t surprising then that a number of domestic violence cases go unreported.

Violence in the physical form is only one aspect of a larger pattern of abuse. There are many abusers who aren’t physically violent, but they repeatedly manipulate and control their victims using alternative means.

Many women decide not to report abuse for fear of not being believed. In fact, a number of women hold themselves responsible for the bitterness in their relationship with their abuser.

In order to step out of this vicious cycle of abuse, women must first be able to identify behaviour that constitutes domestic violence.

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What is domestic violence?

The Protection of Women from Domestic Violence Act, 2005 provides a broad definition of domestic violence.

• Violence of any kind occurring within a family is termed as domestic violence.
• Family includes spouse, partner, ex-partner, other family member, close relative and family friend.
• Essentially, violence by anyone in a domestic relationship with the woman will be considered as domestic violence. Domestic relationships include live-in relationships.

Several forms of abuse are covered in the definition of domestic violence, namely:

Physical abuse –

Physical abuse will include the following behaviours:

• Slapping, beating, punching, scratching, hitting or kicking a woman, or any other acts that cause pain or injury to the woman.
• Throwing objects at a woman.
• Using physical force to intentionally cause a woman to be annoyed or scared.
• Any actions that can lead to severe injury or death of a woman.
• Any such conduct of an abuser that compels a woman to commit suicide.
• Depriving a woman of food or any other acts that can harm the woman’s health or development.
• Depriving a woman of sleep.
• Any such acts done to pressurise a woman, or someone related to her, to meet demands for dowry.
• Threatening to harm a woman or someone she may be interested in (for e.g., her children) or her property.
• Threatening to harm a woman’s reputation or the reputation of someone who she is interested in (even if the person is dead).
• Damaging a vehicle or equipment used by a woman just to make things difficult for her.
• Any actions of an abuser that are capable of causing injury to a woman.
• Note that it is not only actual harm or injury that is included in the definition of physical abuse. Any suggestions or gestures which look like the abuser is preparing to harm the woman will also constitute physical abuse.

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Verbal and Emotional abuse (including mental abuse) –

The following will be covered under mental, verbal and emotional abuse, though this sort of abuse will not be limited to these behaviours.

• Behaviour that harms the mental wellbeing of a woman.
• Harassing a woman to compel her or any other person related to her to meet any demands for dowry.
• Harassing a woman to surrender her property.
• Threatening to commit suicide to force a woman to meet any demands for dowry or to make her surrender her property.
• Torturing a woman psychologically by threatening her or her loved ones such as her children.
• Locking a woman in or out of the house as punishment.
• Insulting, ridiculing, humiliating or name-calling a woman.
• Insulting or ridiculing a woman for not having a child or for not being able to have a male child.
• Threatening to cause physical pain to any person in whom the woman is interested.
• Threatening to kidnap or torture a woman’s children.
• Repeatedly mocking a woman.
• Falsely accusing a woman of cheating on her spouse or partner.
• Humiliating a woman because of her skin-tone or built.

Sexual abuse –

Sexual abuse will cover the following behaviours:

• Forcing a woman to have sexual intercourse.
• Demanding a woman to indulge in unnatural sexual intercourse.
• Forcing a woman to watch pornography.
• Conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman.

Economic abuse –

Economic abuse will include the following behaviours:

• Depriving a woman of money or resources for her or her children’s maintenance or upkeep.
• Depriving a woman of her property whether she owns it jointly or separately.
• Depriving a woman or her children of medical facilities.
• Not paying the house rent related to the shared household.
• Disposing of household articles.
• Giving away movable or immovable assets.
• Disposing of valuables, shares, securities, bonds, etc. or any other property in which the woman has any interest.
• Prohibiting or restricting a woman’s access to the shared household or access to any facilities which the woman is entitled to use.
• Hiding a woman’s jewellery or important documents.
• Forcing a woman to leave her job.
• Interfering with the woman’s ability to get an employment.
• Depriving a woman of financial resources that she is entitled to by law or custom, for example not giving household necessities to a woman or her children.

The determination of whether someone’s behaviour will constitute domestic violence will depend on the overall facts and circumstances of each case. Therefore, if the overall facts of a case do not suggest intentional abuse of a woman, the law may not consider an isolated act to be one of domestic violence.

Get help!

If you are a victim of domestic violence, know that there is help available. Seek the support of people you can trust, like friends or family members.

You may call the following helpline numbers to report domestic abuse.

Women Helpline (All India) – Women in Distress	1091
Women Helpline Domestic Abuse	181
Police Control Room/ Emergency Number	112
Women Related Complaint (Uttarakhand Police)	9411112780
Women Helpline Toll Free Number (for Other States)	18001804111
Police	100

[Disclaimer: This post is an attempt to raise awareness of laws affecting Indian women. The post is only for general information and is not meant to substitute legal advice.]