10.1 INTRODUCTION A pregnant woman sits alone with her thoughts inside the cold, empty hospital consultation room in India. She simply wants to make sure her baby is okay, but in the back of her mind, she knows there is a lot riding on whether the baby is a boy or girl. She knows it is illegal to ask the doctor to disclose information about the sex of her baby, but is desperate to please her husband and in-laws with the news of a son. In the United States, finding out the sex of a baby is simply another regular milestone that parents undergo during pregnancy. Normally, the moment is filled with excitement and love, but that is not the case for women in India. A poll by the Thomson Reuters Foundation found that India is ranked the most unsafe country for women. Their culture of perpetuating female inferiority and subordination contributes to a vicious cycle of mass sex-selective abortions and female feticide, which has exacerbated crimes against women. Sex-selective abortions, also known as female feticides, occur when female fetuses are aborted due to a cultural preference for sons. In India, the cause for female feticide is the overwhelming belief that women have less societal value than men. A lack of education among women, insufficient female leadership, and negative perceptions of women as “economic burdens” contribute to this view. 10.2 IS ABORTION LEGAL? Both government and private entities provide healthcare services in India. However, government services are rare and lack the high quality of treatment, while private services provide a high standard of care but are not affordable to most of the population. Furthermore, Indian health insurance is not mandatory, and employers do not have a legal obligation to provide insurance to their employees. As a result, 70% of the population does not have health insurance, meaning that they have to pay for most services and procedures out-of-pocket. Abortion is one of these procedures. Abortion is legal in India, but sex-selective abortions, abortions solely based on the sex of the fetus, are illegal. Legal abortions are performed strictly at the discretion of the physician. The woman does not have the right to choose whether she would like to have an abortion. A physician can perform a legal abortion if the fetus has any abnormalities, if the pregnancy is life-threatening to the mother or the fetus, if pregnancy occurred due to the failure of contraception in married women, and if the pregnancy resulted from instances of sexual assault or rape. In India, legal abortions can be performed within the first seven weeks of pregnancy using an abortion pill in the presence of 151 CU IDOL SELF LEARNING MATERIAL (SLM)
a medical professional. However, after the first seven weeks have passed, surgery is required to abort a fetus to maintain the safety of the woman’s life. Insurance companies would cover some medical costs only if the pregnancy were terminated due to a medical threat to the woman’s life. Otherwise, the woman has to bear the total economic cost. This raises an important question: why do women not have the autonomy to make decisions about having an abortion? Autonomy is not simply about making individual choices, but it also involves economic autonomy or independence. Even if a woman wants to have an abortion for medical reasons but cannot afford to, she may have to turn to unsafe or illegal options. Obviously, due to the illegal nature of sex-selective abortions, a woman’s only option is to use illegal or unsafe methods. 10.3 CONSEQUENCES OF ILLEGAL ABORTION Lack of access to safe, affordable, timely and respectful abortion care, and the stigma associated with abortion, pose risks to women’s physical and mental well-being throughout the life-course. Inaccessibility of quality abortion care risks violating a range of human rights of women and girls, including the right to life; the right to the highest attainable standard of physical and mental health; the right to benefit from scientific progress and its realization; the right to decide freely and responsibly on the number, spacing and timing of children; and the right to be free from torture, cruel, inhuman and degrading treatment and punishment. Each year, 4.7–13.2% of maternal deaths can be attributed to unsafe abortion. In developed regions, it is estimated that 30 women die for every 100 000 unsafe abortions. In developing regions, that number rises to 220 deaths per 100 000 unsafe abortions. Estimates from 2012 indicate that in developing countries alone, 7 million women per year were treated in hospital facilities for complications of unsafe abortion. Physical health risks associated with unsafe abortion include: incomplete abortion (failure to remove or expel all pregnancy tissue from the uterus); haemorrhage (heavy bleeding); infection; uterine perforation (caused when the uterus is pierced by a sharp object); and 152 CU IDOL SELF LEARNING MATERIAL (SLM)
damage to the genital tract and internal organs as a consequence of inserting dangerous objects into the vagina or anus. Unsafe abortion is a significant cause of death and ill health in women in the developing world. A substantial body of research on these consequences exists, although studies are of variable quality. However, unsafe abortion has a number of other significant consequences that are much less widely recognized. These include the economic consequences, the immediate costs of providing medical care for abortion-related complications, the costs of medical care for longer-term health consequences, lost productivity to the country, the impact on families and the community, and the social consequences that affect women and families. 10.4 CONSEQUENCES OF FEMALE FOETICIDE As Newton’s Third Law of Motion states, “For every action, there is an equal and opposite reaction.” The after-effects of the genocide of female feticide are far-reaching. Blinded by their desire for male children, the majority of parents are ignorant of the disaster they unwittingly invite by indulging in female feticide. Skewed Sex Ratio: In India, the number of girls is declining with each passing decade. From 962 and 945 girls for every 1000 boys in the years 1981 and 1991 respectively, the ratio plummeted to a low of 914 girls born for 1000 boys in 2011. In China, the ratio is an alarming 100 girls for 118 boys (or 848 girls for 1000 boys). These are just two examples of nations trapped in vicious abortion cycles, but there are many other countries struggling with skewed sex ratios, as well. See below for more statistics from other countries. Female/Women Trafficking: The steep decline in the number of girls makes them scarce for the teaming number of males eligible for marriage. As a result, illegal trafficking of women has become commonplace in many regions. Women, often young girls who’ve just crossed the threshold of puberty, are compelled to marry. Many young girls are kidnapped from their parents and sold to the highest bidder. Child marriages and pregnancies have a devastating consequence. When a region participates in the trade of its female population, the present and future psychological cost is alarming. Increase in Rape and Assault: Once women become an endangered species, the instances of rape, assault, and violence become widespread. When there are fewer 153 CU IDOL SELF LEARNING MATERIAL (SLM)
available females, the surviving ones will be faced with the reality of handling a society driven by a testosterone high. The legal system may offer protection and, as is the situation today, many crimes may not ever surface for fear of isolation, humiliation, and punishment on the girl’s part. Population Decline: With no mothers to bear children (male or female), there will be fewer births, leading to a decline in population. Though population control is currently the goal of many nations like China and India, a total wipeout of one sex is not the way to achieve this target. 10.5 LAWS TO PROTECT UNBORN FEMALE CHILD The Constitution of India, 1950 Section 312 of the Indian Penal Code 1860 read with the Medical termination of Pregnancy Act, 1971 where all the restrictions imposed therein, including the time limit of 20 weeks, other than the ones to ensure good medical conditions, infringe the right to abortion and the right to health, which emanate from right to life as guaranteed under Article 21 of the Constitution. Right to abortion is a species of right to privacy, which is again proclaimed a continuance of the right to life under Art 21 of the Constitution. The Indian Penal Code, 1860 Sections 312-316 of the Indian Penal Code (IPC) deal with miscarriage and death of an unborn child and depending on the severity and intention with which the crime is committed, the penalties range from seven years of imprisonment and fine to life imprisonment. Section 312. Causing miscarriage Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation: A woman who causes herself to miscarry, is within the meaning of this section. Section 313. Causing miscarriage without woman's consent 154 CU IDOL SELF LEARNING MATERIAL (SLM)
Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with [imprisonment for life] or with imprisonment of either description for a term which may extend to ten years. Section 314. Death caused by act done with intent to cause miscarriage Whoever, with intent to cause the miscarriage of woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term may extend to ten years, and shall also be liable to fine. If the act is done without the consent of the woman, shall be punished either with [imprisonment for lifeor with the punishment above mentioned. Explanation: - It is not essential to this offence that the offender should know that the act is likely to cause death. Section 315. Act done with intent to prevent child being born alive or to cause it to die after birth. Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years or with fine.’ Section 316. Causing death of quick unborn child by act amounting to culpable homicide Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years. The Medical Termination of Pregnancy Act, 1971 The Medical Termination of Pregnancy Act, 1971 was conceived as a tool to let the pregnant women decide on the number and frequency of children. It further gave them the right to decide on having or not having the child. However, this good intentioned step was being misused to force women to abort the female child. In order to do away with the lacunae inherent in previous legislation, the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act was passed in 1994, which came into force in January 1996. The Act prohibited determination of sex of the foetus and stipulated punishment for the violation 155 CU IDOL SELF LEARNING MATERIAL (SLM)
of provisions thereof. It also provided for mandatory registration of genetic counselling centres, clinics, hospitals, nursing homes, etc. The Pre-Conception And Pre-Natal Diagnostic Techniques (Regulation And Prevention of Misuse) Act, 1994 To combat the practice of female foeticide in the country through misuse of technology, done surreptitiously with the active connivance of the service providers and the persons seeking such service, the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act was enacted on September 20, 1994. The Act was amended in 2003 to improve regulation of technology capable of sex selection and to arrest the decline in the child sex ratio as revealed by the Census 2001 and with effect from 14.02.2003, due to the amendments, the Act is known as the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act,1994. Its Purpose: The main purpose of enacting the PC&PNDT (prohibition of Sex Selection) Act, 1994 has been to: i. Ban the use of sex selection techniques before or after conception. ii. Prevent the misuse of pre-natal diagnostic techniques for sex selective abortions. iii. Regulate such techniques Stringent punishments have been prescribed under the Act for using pre-conception and pre-natal diagnostic techniques to illegally determine the sex of the foetus. 10.6 SUMMARY Female foeticide is one of the most sensitive and burning issues not only for India but for the whole world. It’s a general supposition that advanced countries with better knowledge rate may have better coitus rate but this supposition is questioned if one looks at the data. This process began in the early 1990s when ultrasound ways gained wide use in India. There was tendency for families to continuously produce children until a manly child was born. This was primarily due to the large sexist culture that exists in India against women. This is reflected by knowledge rates among women as well as profitable participation, 156 CU IDOL SELF LEARNING MATERIAL (SLM)
which are both particularly low in countries where female foeticide is prominent, and an unstable population rate exists alongside. The government originally supported the practice to control population growth. The Preconception and Prenatal Diagnostic Techniques (PCPNDT) Act was passed in 1994, making coitus-picky revocation illegal. It was also amended in 2003 holding medical professionals fairly responsible. Still, the PCPNDT Act has been inadequately executed by authorities. 10.7 KEY WORDS Abortion: the deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy. Female foeticide: Female foeticide is the process of finding out the sex of the foetus and undergoing abortion if it is a girl. Foeticide: the crime of killing a baby that has not yet been born Patriarchy: a system of society or government in which the father or eldest male is head of the family and descent is reckoned through the male line. 10.8 LEARNING ACTIVITY 1. What is illegal abortion? ___________________________________________________________________________ ___________________________________________________________________________ 2. Explain the significance of protection of female foeticide? ___________________________________________________________________________ ___________________________________________________________________________ 10.9 UNIT END QUESTIONS A. Descriptive Questions Short Questions 1. What are the legal ways of abortion in India? 2. What do you mean by illegal abortion? 157 CU IDOL SELF LEARNING MATERIAL (SLM)
3. What is sex ration? 4. What is the current sex ration in India? 5. Name the law to protect female children. Long Questions 1. Write a note on illegal abortion in India 2. What are the consequences of illegal abortion? 3. What are the consequences of female foeticide? 4. What is a skewed sex ration? 5. How can we prevent female foeticide? B. Multiple Choice Questions 1. The economic system in which highly complex division of labour is present is the feature of a. modern societies b. simple societies c. globalization d. rural economy 2. The reason for the sudden decline in sex ratio can be attributed to a. Female foeticide b. Life expectancy rate c. Son preference d. Maternal mortality rate 3. According to the immoral traffic (prevention) act of 1956, on first offence, what is the punishment for procuring, inducing or taking an adult person for the sake of prostitution a. One to Three years imprisonment and fine b. Up to Two years imprisonment and fine c. Three to Seven years rigorous imprisonment and fine 158 CU IDOL SELF LEARNING MATERIAL (SLM)
d. No imprisonment but only fine 4. According to Indian law, what is the minimum age of a person for employment in a factory? a. 18 years b. 21 years c. 14 years d. 16 years 5. The information on whether a specific woman underwent medical termination of pregnancy(MTP) in a hospital in the past can be obtained a. by visiting the hospital and checking the hospital records b. by filing an RTI to the hospital by the current husband c. by submitting an application from the in-laws’ family and paying the necessary fees tothe hospital d. no one can access the information Answers 1-a, 2-a, 3-c. 4-c, 5-d 10.10 REFERENCES References books Turner, Jonathan H., 1987; The Structure of Sociological Theory, Fourth Edition, Rawat Publications, Jaipur. Henry, Kenneth, 1978, Social Problems: Institutional and Interpersonal Perspectives, Scott, Fopresman and Company, Illinois, London. Kothari, Rajani, 1988, Transformation and Survival, Ajanta Publications, Delhi. Lerner, Daniel, 1964, The Passing of Traditional Society, The Free Press, London. Polanyi, Karl, 1957, The Great Transformation: The Political and Economic Origin of our Time, Beacon Press, Boston. 159 CU IDOL SELF LEARNING MATERIAL (SLM)
Merton, Robert K. & Nisbet, Robert, 1976, Contemporary Social Problems, Hercourt Brace Iovanovich, International Editing, New York, Chicago. Singh, Yogendra, 1988, Modernizations of Indian Tradition, Reprint, Rawat Publication, Jaipur. Ancel, Marc (1965), Social Defence – A Modern Approach to Criminal Problems, Routlege and Kegan Paul, London. Bhattacharya, S.K. (1981), “The Concept and Areas of Social Defence”, in Readings in Social Defence edited by N.C. Joshi and V.B. Bhatia, Wheeler Publishing, Allahabad. Government of India (Ministry of Social Welfare) (1974), Social Defence in India, National Institute of Social Defence, New Delhi. Government of India (Ministry of Social Welfare) (1980), National Institute of Social Defence: A Perspective, NISD Publication, New Delhi. Srivastava, S.P., April (2000), “Explaining the Concept of Social Defence”, Social Defence, Vol. 49, No. 144. Textbook references Ahuja, Ram (1992), Social Problems in India, Rawat Publications, Jaipur. Keneth, Henry (1978), Social Problems: Institutional and Interpersonal Perspectives, Scott, Fopresman and Company, Illinois, London. Merton, Robert K, and Robert Nisbet (1971), Contemporary Social Problems, Fourth Edition, Harcourt Brace and Co., New York. Memoria, Dr. C.B. (1960), Social Problems and Social Disorganisation in India, Kitab Mahal, Allahabad. Annual Report 2003, National Commission for Women, New Delhi. Annual Report 2002-2003, Ministry of Social Justice and Empowerment, Government of India. Cooley, C.H. (1902), Human Nature and Social order, Scribner, New York. Crime in India (2003), Annual Report, National Crime Records Bureau, New Delhi. 160 CU IDOL SELF LEARNING MATERIAL (SLM)
Merton, (1957), R.K., Social Theory and Social Structure, Free Press, Glencoe, Illinois. Ram, Ahuja (1997), Social Problems in India, Rawat Publications, New Delhi. William, Scott (1988), Dictionary of Sociology, Goyl Saab Publishers, New Delhi. Website https://open.lib.umn.edu. https://www.sociologylens.in/2021/03/social-problems.html https://academic.oup.com/socpro https://www.oxfordbibliographies.com/ 161 CU IDOL SELF LEARNING MATERIAL (SLM)
UNIT- 11 DOMESTIC VIOLENCE: DEFINITION (AS PER INDIAN LAW) STRUCTURE 11.0 Learning Objectives 11.1 Introduction 11.2 Understanding Domestic Violence 11.3 Risk factors/ factors contributing to domestic violence 11.4 Consequences of Domestic Violence 11.4.1 Mental Health effects: 11.4.2 Physical health effects: 11.4.3 Effects of domestic violence on children 11.5 Protection of Women from Domestic Violence Act, 2005 11.6 Salient features of the Act are as follows: 11.7 Summary 11.8 Key Words 11.9 Learning Activity 11.10 Unit End Questions 11.11 References 11.0 LEARNING OBJECTIVES After studying this unit, you will be able to; Explain the problem of domestic violence Describe the definition of domestic violence as per Indian law Describe the laws that deal with domestic violence in India Describe the definition of domestic violence as per international law Describe the international laws that deal with domestic violence 162 CU IDOL SELF LEARNING MATERIAL (SLM)
Elaborate on the prevalence of domestic violence in India Elaborate on the prevalence of domestic violence throughout the world 11.1 INTRODUCTION Domestic violence occurs when a person consistently aims to control their partner through physical, sexual, or emotional abuse. The United States Department of Justice defines domestic violence as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner.” Domestic violence is a problem of epidemic proportions with far-reaching consequences for individual victims, their children and their communities. Domestic violence results in death, serious injury, and chronic medical and mental health issues for victims, their children, the perpetrators, and others. The lethal outcome of domestic violence is tragically evident in media reports that describe a steady stream of homicides against victims, their children, family or friends, those who are trying to protect them, innocent bystanders, and perpetrators. Domestic violence refers to violent or abusive acts committed by one family or household member against another, such as child abuse or spousal abuse. Domestic violence can refer to physical harm, or behavior that is controlling, coercive, or threatening. It can occur in any kind of intimate relationship -- married or unmarried, straight or gay, living together, or simply dating. 11.2 UNDERSTANDING DOMESTIC VIOLENCE Domestic violence occurs when a person consistently aims to control their partner through physical, sexual, or emotional abuse. The United States Department of Justice defines domestic violence as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner.” Domestic violence has many names: wife abuse, marital assault, woman battery, spouse abuse, wife beating, conjugal violence, intimate violence, battering, partner abuse, for example. Sometimes these terms are used interchangeably to refer to the problem, while at other times a particular term is used to reflect a specific meaning (e.g., “woman abuse” to highlight the fact that most victims are women). In addition to these multiple terms, there are different behavioral and legal definitions for domestic violence. With so many varying terms 163 CU IDOL SELF LEARNING MATERIAL (SLM)
and definitions, there can be a lack of clarity about what is meant by domestic violence, leading to inconsistencies in identification, assessment, and interventions as well as inconsistencies in research. Domestic violence occurs in a relationship where the perpetrator and victim are known to each other. It occurs in both adult and adolescent intimate relationships. The victim and perpetrator may be dating, cohabiting, married, divorced, or separated. They are heterosexual, gay or lesbian. They may have children in common. The relationships may be of short or long duration. The intimate context of the violence is important in understanding the nature of the problem and in developing effective interventions. To an outside observer, domestic violence may look like strangerto-stranger violence (e.g., punching, slapping, kicking, choking). Domestic violence victims experience traumas similar to those of victims of stranger violence (e.g., burns, internal injuries, head injuries, bruises, stab wounds, broken bones, muscle damage, psychological trauma). However, the intimate context of domestic violence shapes the way in which both the perpetrator and the victim relate to and are affected by the violence. And, unfortunately, the intimate context all too often leads those outside the relationship to take domestic violence less seriously than other types of violence. In domestic violence, perpetrators have on-going access to their victims, know their daily routines and vulnerabilities, and can continue after violent episodes to exercise considerable physical and emotional control over their daily lives. In addition, these perpetrators have knowledge of their victims (e.g., prior medical conditions, allegiance to their children) which they use to target their assaults (e.g., withholding medications, grabbing victims from behind, threatening to harm the children), increasing the victims’ trauma and fear. Victims of domestic violence not only deal with the particularities of a specific trauma (e.g., head injury) and the fear of future assaults by a known assailant, but must also deal with the complexities of an intimate relationship with that assailant. Many perpetrators believe that they are entitled to use tactics of control with their partners and too often find social supports for those beliefs. It is the “family” nature of these relationships that sometimes gives the perpetrator social, if not legal, permission to use abuse. Unlike victims of stranger violence, victims of domestic violence face social barriers to a separation from their perpetrators as well as barriers to other strategies for self-protection 164 CU IDOL SELF LEARNING MATERIAL (SLM)
(Hart, 1993). Domestic violence as defined here does not include other types of intimate or family violence: child abuse/neglect, child to-parent violence, sibling violence, and the abuse of the elderly (unless the abuse is being perpetrated by the elder’s intimate partner). While other types of family violence may result in the same kinds of physical injuries and psychological damage found in domestic violence cases, the dynamics are different, require different interventions, and are beyond the scope of this manual. 11.3 RISK FACTORS/ FACTORS CONTRIBUTING TO DOMESTIC VIOLENCE Considerate the risk factors associated with domestic violence will help to frame some of our local analysis questions, determine good effectiveness measures, identifying key intervention points and select appropriate responses. Risk factors do not automatically mean that a person will become a domestic violence victim or an offender. Several studies have tried to find out the factors responsible for domestic violence at national and international level and found that gender, race, poor socioeconomic condition are the primary factors for domestic violence. The author categorises risk factors under five headings. 1. Individual risk factors: includes low self-esteem, low income, low academic achievement, aggression or delinquent behaviour as youth, heavy alcohol & drug use, antisocial or borderline personality traits, unemployment, prior history of being physically or psychological abusive, depression, anger and hostility, bad company, emotional dependence and insecurity etc. 2. Relationship factors: includes economic stress, unhealthy family relationships and interactions, marital instability-divorces or separations, marital conflict-fights, dominance and control of the relationship by partner over the other etc. 3. Community factors: includes poverty and associated factors, weak community sanctions against IPV (intimate partner violence), lack of institutions, relationships, and norms that shape a community’s social interactions. 4. Societal factors: are traditional gender norms (e.g. women should s Tay at home, not enter at workplace, and be submissive, men support the family and make decisions). 5. Legal and political factors: are lesser legal status of women either by written law or by practice, laws regarding divorce, child custody, maintenance and inheritance, low level of legal literacy among women, insensitive treatment of women and girls by police and 165 CU IDOL SELF LEARNING MATERIAL (SLM)
judiciary, and political factors includes domestic violence not taken seriously, limited participation of women in organising political polices, underrepresentation of women in police, media, politics etc. 11.4 CONSEQUENCES OF DOMESTIC VIOLENCE In general, victims of repeated violence experience more serious consequences than victims of one-time incidents. Women with a history of intimate partner violence are more likely to display behaviors that lead to further health risks such as substance abuse, alcoholism, and suicide attempts. Intimate partner violence is also associated with a variety of negative health behaviors; studies show that the more severe the violence, the stronger its relationship to negative health behaviors by victims. Some victims may engage in high-risk sexual behaviors such as unprotected sex, decreased condom use, early sexual initiation, choosing unhealthy or multiple sexual partners, or trading sex for food, money, or other items. There is often an increased use of harmful substances and illicit drug use, alcohol abuse, and driving while intoxicated. Victims of intimate partner violence may also engage in unhealthy diet-related behaviors such as smoking, fasting, vomiting, overeating, and abuse of diet pills. They may also overuse health services. Women who experience severe aggression by men, such as not being allowed to go to work or school or having their lives or their children’s lives threatened, are more likely to have been unemployed in the past and be receiving public assistance (CDC, 2015a, 2003). They may have restricted access to services, strained relationships with healthcare providers and employers, and be isolated from social networks. 11.4.1 Mental Health effects: Domestic violence can lead to common emotional traumas such as depression, anxiety, panic attacks, substance abuse and posttraumatic stress disorder. Abuse can trigger suicide attempts, psychotic episodes, homelessness and slow recovery from mental illness. Children exposed to domestic violence are also at risk for developmental problems, psychiatric disorders, school difficulties, aggressive behaviour and low self-esteem. These factors can make it difficult for survivors to mobilize resources. Psychological health effects are more dangerous than physical health effects. Women who earn 65% or more of their households ‟ income are more likely to be psychologically abused. 166 CU IDOL SELF LEARNING MATERIAL (SLM)
11.4.2 Physical health effects: Violence committed by an intimate partner has numerous and sometimes devastating consequences for the victim. In addition, children living in an abusive household are affected by violence, even if they are not directly attacked. The damage can occur insidiously; victims are only able to free themselves from abusive situations after they are able to recognize the problem. A study conducted on physical violence in American families shows that fifty percent of men who frequently assault their wives frequently assault their children. Domestic violence gives birth to so many physical problems i.e., injury or fracture on neck, nose, pelvis, chest, abdomen and other body parts, scratches and bleeding. Physical violence could be in the form of kicking, hitting, dragging by hair, yelling, throwing against the wall or floor, punching and most common slapping etc. Consequences could occur in term of migraine, headache, chronic body pain, backache, fainting, seizures, gastrointestinal disorders and sometime cardiac problem like hypertension and somatic chest pain etc. Others problems related to gynecological system could be carcinoma cervix, decreased libido, genital irritation, proneness to genital tract infections and dyspareunia. 95% of men who physically abuse their intimate partners also psychologically abuse them. 11.4.3 Effects of domestic violence on children Many children exposed to violence in the home are also victims of physical abuse.1 Children who witness domestic violence or are victims of abuse themselves are at serious risk for long- term physical and mental health problems. Children who witness violence between parents may also be at greater risk of being violent in their future relationships. 11.5 PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 Protection of Women from Domestic Violence Act, 2005 came into force from 26 October 2006. It is a very comprehensive and promising legislation that combines civil remedies with criminal procedures to ensure effective protection and immediate relief to victims of violence of any kind occurring within the family, The definition of ‘domestic violence' is in consonance with the UN Model Legislation on Domestic Violence. The aggrieved can seek protection against any physical, sexual, verbal and emotional abuse or economic abuses. This law for the first time recognizes a women's right to a violence free home. Under the Act, the right to reside in the matrimonial home/shared household was seen as a major breakthrough in women's rights in India. She cannot be evicted from the shared household and if evicted 167 CU IDOL SELF LEARNING MATERIAL (SLM)
can seek immediate relief, seek a protection order, monetary compensation, residency order, custody order, free legal services, medical aid and counselling with the help of the Protection Officer or Service Provider. The Act envisages appointment of domestic violence Protection Officers by the State Governments in every district and encourages the participation of voluntary associations as Service Providers. The Ministry of Women and Child Development, the National Commission for Women and the non-governmental organizations have also taken initiatives to propagate the remedies available in this Act to the affected women by organizing awareness campaigns/seminars/ workshops and sensitizing the enforcement agencies. 11.6 SALIENT FEATURES OF THE ACT ARE AS FOLLOWS: 1. It covers those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage, a relationship in the nature of marriage, or adoption. In addition, relationships with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to the protection under the proposed legislation. However, whereas the Act enables the wife or the female living in a relationship in the nature of marriage to file a complaint against any relative of the husband or the male partner, it does not enable any female relative of the husband or the male partner to file a complaint against the wife or the female partner; 2. It defines \"domestic violence\" to include actual abuse or the threat of abuse that is physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition; 3. It confers on the aggrieved woman the right to reside in a shared household, whether or not she has any title or rights in the same. In fact, a respondent, not being a female, can be directed under the Act to remove himself from the shared household or to secure for the aggrieved woman the same level of alternate accommodation as enjoyed by her in the shared household or to pay rent for the same; 4. The orders for relief the aggrieved woman is entitled to under the Act include protection orders, residence orders, monetary relief, custody orders and compensation orders; 168 CU IDOL SELF LEARNING MATERIAL (SLM)
5. It empowers the Magistrate to pass protection order in favour of the abused to prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives or others who provide her assistance against the domestic violence; 6. It provides for appointment of Protection Officers and recognizes and involves nongovernmental organisations as service providers for providing assistance to the abused with respect to her medical examination, obtaining legal aid, safe shelter. 11.7 SUMMARY Women constitute about one-half of the global population. Branded as a \"weaker sex\" they have been subjected to man's sense of male superiority and dominance. For centuries we have been taught that it is 'natural' for men to protect and dominate and for women to respect and defer. The women are subjected to exploitation both in the house and outside the house. The gender-based violence is faced by the women throughout their life. The violence against women has become a global problem. The number of legislations enacted proved insufficient to improve the status of woman. The moment she goes out of the house to complain about harassment and violence, she is not accepted in both the houses - maternal and matrimonial. Any type of proceedings against the husband or in-laws affects the continuation of matrimonial home. Women are still being treated as commodity and as a result atrocities on women are increasing. It is popular misconception that the home is a place of security and safety; violence only occurs outside the home. In almost all over the world in the recent past there has been persistent and frequent commission of domestic violence against women violating their basic human right of dignity and honor. India is no exception to it. The felt need to have a comprehensive legislation on domestic violence has resulted in enactment of The Protection of Women from Domestic Violence Act 2005, It gives an exhaustive definition of 'domestic violence. 169 CU IDOL SELF LEARNING MATERIAL (SLM)
This enactment is legislated with a hope that the legislation will act as deterrent to the domestic violence acts. This Act came into effect from 26th October 2006. In this unit we attempt to present to you the important aspects of this Act. 11.8 KEY WORDS Domestic Violence: Domestic Violence is an umbrella term that encompasses both Intimate Partner Violence and Family Violence Intimate Partner Violence: Intimate Partner Violence is a pattern of coercive and abusive behaviors used by one partner to maintain power and control over another partner in an intimate relationship. Violence:“The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation.” 11.9 LEARNING ACTIVITY 1. Explain the prevalence of domestic violence in India? ___________________________________________________________________________ ___________________________________________________________________________ 2. Explain the protection of women from domestic violence act in detail? ___________________________________________________________________________ ___________________________________________________________________________ 11.10 UNIT END QUESTIONS A. Descriptive Questions Short Questions 1. Define domestic violence? 2. What is the act for protection of victims of domestic violence in India? 3. Name any two risk factors for domestic violence? 4. When was the protection of women from domestic violence act passed in India? 5. What is the purpose of protection of women from domestic violence act? 170 CU IDOL SELF LEARNING MATERIAL (SLM)
Long Questions 1. Write a note on domestic violence? 2. Write about the various risk factors of domestic violence? 3. What are the mental health effects of domestic violence? 4. What are the physical effects of domestic violence? 5. What is the impact of domestic violence on children? 6. What are the salient features of protection of women from domestic violence act? B. Multiple Choice Questions 1. When was the Protection of Women from Domestic Violence Act enacted? a. 2005 b. 2004 c. 2006 d. 2001 2. Dowry deaths, wife battering is an example of ________________. a. Domestic violence b. Criminal violence c. Personal violence d. Civil violence 3. In honour killing, it is a murder committed by _________. a. Neighbour b. Friends c. Family members d. Known individual 4. Crime against partner means ______________________. a. Criminal violence 171 CU IDOL SELF LEARNING MATERIAL (SLM)
b. Personal violence c. Civil violence d. Domestic violence 5. Which of the following is TRUE regarding domestic violence? a. Many children who witness repeated domestic violence may not think that this is how all relationships are. b. Many children who witness repeated domestic violence will think that such relationships are strange. c. Many children who witness repeated domestic violence will try very hard not to imitate what they see. d. Many children who witness repeated domestic violence may think that this is how all relationships are. Answers 1-a, 2-a, 3-c. 4-c, 5-d 11.11 REFERENCES References books Turner, Jonathan H., 1987; The Structure of Sociological Theory, Fourth Edition, Rawat Publications, Jaipur. Henry, Kenneth, 1978, Social Problems: Institutional and Interpersonal Perspectives, Scott, Fopresman and Company, Illinois, London. Kothari, Rajani, 1988, Transformation and Survival, Ajanta Publications, Delhi. Lerner, Daniel, 1964, The Passing of Traditional Society, The Free Press, London. Polanyi, Karl, 1957, The Great Transformation: The Political and Economic Origin of our Time, Beacon Press, Boston. Merton, Robert K. & Nisbet, Robert, 1976, Contemporary Social Problems, Hercourt Brace Iovanovich, International Editing, New York, Chicago. Singh, Yogendra, 1988, Modernizations of Indian Tradition, Reprint, Rawat Publication, Jaipur. 172 CU IDOL SELF LEARNING MATERIAL (SLM)
Ansel, Marc (1965), Social Defence – A Modern Approach to Criminal Problems, Routlege and Kegan Paul, London. Bhattacharya, S.K. (1981), “The Concept and Areas of Social Defence”, in Readings in Social Defence edited by N.C. Joshi and V.B. Bhatia, Wheeler Publishing, Allahabad. Government of India (Ministry of Social Welfare) (1974), Social Defence in India, National Institute of Social Defence, New Delhi. Government of India (Ministry of Social Welfare) (1980), National Institute of Social Defence: A Perspective, NISD Publication, New Delhi. Srivastava, S.P., April (2000), “Explaining the Concept of Social Defence”, Social Defence, Vol. 49, No. 144. Textbooks Ahuja, Ram (1992), Social Problems in India, Rawat Publications, Jaipur. Keneth, Henry (1978), Social Problems: Institutional and Interpersonal Perspectives, Scott, Fopresman and Company, Illinois, London. Merton, Robert K, and Robert Nisbet (1971), Contemporary Social Problems, Fourth Edition, Harcourt Brace and Co., New York. Memoria, Dr. C.B. (1960), Social Problems and Social Disorganisation in India, Kitab Mahal, Allahabad. Annual Report 2003, National Commission for Women, New Delhi. Annual Report 2002-2003, Ministry of Social Justice and Empowerment, Government of India. Cooley, C.H. (1902), Human Nature and Social order, Scribner, New York. Crime in India (2003), Annual Report, National Crime Records Bureau, New Delhi. Merton, (1957), R.K., Social Theory and Social Structure, Free Press, Glencoe, Illinois. Ram, Ahuja (1997), Social Problems in India, Rawat Publications, New Delhi. William, Scott (1988), Dictionary of Sociology, Goyl Saab Publishers, New Delhi. Website 173 https://open.lib.umn.edu. https://www.sociologylens.in/2021/03/social-problems.html https://academic.oup.com/socpro CU IDOL SELF LEARNING MATERIAL (SLM)
https://www.oxfordbibliographies.com/ 174 CU IDOL SELF LEARNING MATERIAL (SLM)
UNIT-12 TYPES OF DOMESTIC VIOLENCE 175 STRUCTURE 12.0 Learning Objectives 12.1 Introduction 12.2 Domestic Violence 12.3 Types of Domestic Violence 12.4 Control 12.5 Physical Abuse 12.6 Emotional Abuse 12.7 Sexual Abuse 12.8 Financial Abuse 12.9 Psychological Abuse 12.10 Isolation 12.11 Stalking 12.12 Summary 12.13 Key Words 12.14 Learning Activity 12.15 Unit End Questions 12.16 References 12.0 LEARNING OBJECTIVES After studying this unit, you will be able to; Elaborate the types of domestic violence Describe physical abuse Describe emotional abuse Describe sexual abuse CU IDOL SELF LEARNING MATERIAL (SLM)
Describe technological abuse Describe financial abuse Describe abuse by immigration status 12.1 INTRODUCTION Domestic abuse, also called \"domestic violence\" or \"intimate partner violence\", can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse is physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This includes any behaviors that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure, or wound someone. Domestic abuse can happen to anyone of any race, age, sexual orientation, religion, or gender. It can occur within a range of relationships including couples who are married, living together or dating. Domestic violence affects people of all socioeconomic backgrounds and education levels. Victims of domestic abuse may also include a child or other relative, or any other household member. Domestic abuse is typically manifested as a pattern of abusive behavior toward an intimate partner in a dating or family relationship, where the abuser exerts power and control over the victim. Domestic abuse can be mental, physical, economic or sexual in nature. Incidents are rarely isolated, and usually escalate in frequency and severity. Domestic abuse may culminate in serious physical injury or death. Domestic violence — also called intimate partner violence — occurs between people in an intimate relationship. Domestic violence can take many forms, including emotional, sexual and physical abuse and threats of abuse. Abuse by a partner can happen to anyone, but domestic violence is most often directed toward women. Domestic violence can happen in heterosexual and same-sex relationships. Abusive relationships always involve an imbalance of power and control. An abuser uses intimidating, hurtful words and behaviours to control a partner. It might not be easy to identify domestic violence at first. While some relationships are clearly abusive from the outset, abuse often starts subtly and gets worse over time. 176 CU IDOL SELF LEARNING MATERIAL (SLM)
12.2 DOMESTIC VIOLENCE “Violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women…” states the United Nations Declaration on the elimination of Violence against Women, General Assembly Resolution, December, 1993. Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse. The frequency and severity of domestic violence can vary dramatically; however, the one constant component of domestic violence is one partner’s consistent efforts to maintain power and control over the other. Domestic violence is a family problem affecting individuals in every community, regardless of age, economic status, sexual orientation, gender, race, religion, or nationality. It is often accompanied by emotionally abusive and controlling behavior that is only a fraction of a systematic pattern of dominance and control. Domestic violence can result in physical injury, psychological trauma, and in severe cases, even death. The devastating physical, emotional, and psychological consequences of domestic violence can cross generations and last a lifetime. Domestic violence can involve a wide array of physical, sexual and emotional abuse. Domestic violence can be described as the power misused by one adult in a relationship to control another. It is the establishment of control and fear in a relationship through violence and other forms of abuse. This violence can take the form of physical assault, psychological abuse, social abuse, financial abuse or sexual assault. The frequency of the violence can be on and off, occasional or chronic. ‘Domestic violence is not simply an argument. It is a pattern of coercive controls that one person exercises over another. Abusers use physical and sexual violence, threats, emotional insults and economic deprivation as a way to dominate their victims and get their way’ 177 CU IDOL SELF LEARNING MATERIAL (SLM)
12.3 TYPES OF DOMESTIC VIOLENCE When most people think of domestic violence, they imagine a situation where the abusive partner physically hurts the victim. However, physical harm is only one form of abuse and there are various types of domestic violence; domestic violence can be physical, emotional, sexual, financial, or psychological. Being victimized by a situation of domestic violence can create feelings of helplessness and even self-doubt, so it's important that you understand the different signs of abuse so that you can identify the problem and to get help. Many victims try to justify their abuser's actions, and try to convince themselves that the situation will improve. Keep in mind, however, that domestic violence situations frequently escalate. What may begin as occasional intimidation, threats of violence, or aggressive sexual advances, can escalate into rape, physical assault, and even murder. If you have children, be aware that when they witness domestic violence, it can lead to them developing violent behaviors later in life. If you're a victim, know that you can get help. There are resources available including: police help, legal prosecution of the abuser, restraining orders, and institutional support. Domestic violence is a serious matter that's often unreported, partly because victims are unaware of the different types of domestic violence. 12.4 CONTROL Controlling behaviour is a way for the abuser to maintain dominance over the victim. Controlling behaviour, the belief that they are justified in the controlling behavior, and the resultant abuse is the core issue in domestic violence. It is often subtle, almost always insidious, and pervasive. This may include but is not limited to: Checking the mileage on the odometer following their use of the car. Monitoring phone calls, using caller ID or other number monitoring devises, not allowing the victim to make or receive phone calls. Not allowing their freedom of choice in terms of clothing styles or hairstyle. This may include forcing the victim to dress in a specific way such as more seductively or more conservatively than they are comfortable. 178 CU IDOL SELF LEARNING MATERIAL (SLM)
Calling or coming home unexpectedly to check up on them. This may initially start as what appears to be a loving gesture, but becomes a sign of jealousy or possessiveness. Invading their privacy by not allowing them time and space of their own. Forcing or encouraging dependency by making the victim believe they’re incapable of surviving or performing simple tasks without the abuser or on their own. Using the children to control the victim parent by using the children as spies, threatening to kill, hurt or kidnap the children, physical and/or sexual abuse of the children, and threats to call Department of Child Safety (DCS, formerly CPS) if the mother leaves the relationship. 12.5 PHYSICAL ABUSE Physical abuse is the most recognizable form of domestic violence. It involves the use of force against the victim, causing injury (a punch or a kick, stabbing, shooting, choking, slapping, forcing you to use drugs, etc.). However, the injury doesn't need to be a major one. For example, your abuser slaps you a few times, causing only minor injuries that don't require a visit to the hospital. Although the injury is minimal, the slapping would constitute domestic violence. As we’ve seen, this is one of the most common forms of domestic abuse. This treatment may be meted out in varying degrees of severity. Typical forms of abuse, among others, might include: Hitting, kicking, biting, slapping, shaking, pushing, pulling, punching, choking, beating, scratching, pinching, pulling hair, stabbing, shooting, drowning, burning, hitting with an object, threatening with a weapon, or threatening to physically assault. Withholding of physical needs including interruption of sleep or meals, denying money, food, transportation, or help if sick or injured, locking victim into or out of the house, refusing to give or rationing necessities. Abusing, injuring, or threatening to injure others like children, pets, or special property. Forcible physical restraint against their will, being trapped in a room or having the exit blocked, being held down. 179 CU IDOL SELF LEARNING MATERIAL (SLM)
The abuser hitting or kicking walls, doors, or other inanimate objects during an argument, throwing things in anger, destruction of property. Holding the victim hostage. Other forms of physical abuse can include: Withholding physical needs such as sleep or food Refusing to release necessities (e.g., drugs) Locking a victim out of the house Withholding help where the victim is sick/injured 12.6 EMOTIONAL ABUSE Emotional abuse involves the destruction of the victim's self-worth, and is brought about by persistent insult, humiliation, or criticism. Emotional abuse can be a difficult type of domestic violence for many people to understand, since, on the surface, it appears to be quite common in unhealthy relationships. In most states, emotional abuse is not enough on its own to bring a domestic violence action unless the abuse is so persistent and so significant that the relationship can be labeled extremely coercive. Typically, evidence of emotional abuse is combined with other abuse (physical, financial, sexual, or psychological) to bring a domestic violence action. Emotional abuse is a little harder to quantify because of its non-physical qualities. However, it is identifiable from the words and actions a person uses to berate, embarrass, or otherwise tear down the self-esteem of another person. This abuse specifically targets the emotional and psychological well-being of a person. It can take many forms: an abuser may distort reality through his statements or actions to confuse his victim. This is known as gaslighting. This may include but is not limited to: Insulting or criticizing to undermine the victim’s self-confidence. This includes public humiliation, as well as actual or threatened rejection. 180 CU IDOL SELF LEARNING MATERIAL (SLM)
Threatening or accusing, either directly or indirectly, with intention to cause emotional or physical harm or loss. For instance, threatening to kill the victim or themself, or both. Using reality distorting statements or behaviours that create confusion and insecurity in the victim like saying one thing and doing another, stating untrue facts as truth, and neglecting to follow through on stated intentions. This can include denying the abuse occurred and/or telling the victim they’re is making up the abuse. It might also include crazy making behaviours like hiding the victim’s keys and berating them for losing them. Consistently disregarding, ignoring, or neglecting the victim’s requests and needs. Using actions, statements or gestures that attack the victim’s self-esteem and self- worth with the intention to humiliate. Telling the victim they’re mentally unstable or incompetent. Forcing the victim to take drugs or alcohol. Not allowing the victim to practice their religious beliefs, isolating them from the religious community, or using religion as an excuse for abuse. Using any form of coercion or manipulation which is disempowering to the victim. Emotional violence may be seen as direct threats of physical harm to the victim, or indirect threats to hurt their loved ones. Abusers may even threaten to harm themselves in the manipulation of their victims. A person may be facing emotional abuse where their requests and needs are constantly ignored. Likewise, where an abuser repeatedly attacks the self-worth and esteem of a person, or uses coercion that degrades or disempowers them, that is emotional abuse. Emotional abuse is an all-too-common experience many deal with in relationships. One study found 40% of women and 32% of men reporting excessive aggression in their relationships. A further 41% of women and 43% of men gave accounts of coercive control from their partners.5 Emotional abuse; however, goes beyond intimate relationships. The spouses, children, and relatives of the elderly have contributed to a 5% emotional abuse rate within the older population.3 181 CU IDOL SELF LEARNING MATERIAL (SLM)
In children—the terror, isolation, and ill-treatment experienced in early life have been linked with alcoholism in later years.6 12.7 SEXUAL ABUSE Sexual abuse is a common form of domestic violence. It includes not only sexual assault and rape, but also harassment, such as unwelcome touching and other demeaning behaviours. Many victims don't realize how broadly sexual abuse is interpreted. For example, if you've ever been coerced into not using contraception (the pill, a condom, an IUD, etc.) or having an abortion, then you may have actually been sexually abused. This form of abuse is known as reproductive coercion. Sexual abuse is using sex in an exploitative fashion or forcing sex on another person. Having consented to sexual activity in the past does not indicate current consent. Sexual abuse may involve both verbal and physical behaviour. This may include, but is not limited to: Using force, coercion, guilt, or manipulation or not considering the victim’s desire to have sex. This may include making the victim have sex with others, have unwanted sexual experiences, or be involuntarily involved in prostitution. Exploiting a victim who is unable to make an informed decision about involvement in sexual activity because of being asleep, intoxicated, drugged, disabled, too young, too old, or dependent upon or afraid of the perpetrator. Laughing or making fun of another’s sexuality or body, making offensive statements, insulting, or name-calling in relation to the victim’s sexual preferences/behaviour. Making contact with the victim in any non-consensual way, including unwanted penetration (oral, anal or vaginal) or touching (stroking, kissing, licking, sucking or using objects) on any part of the victim’s body. Exhibiting excessive jealousy resulting in false accusations of infidelity and controlling behaviours to limit the victim’s contact with the outside world. Having affairs with other people and using that information to taunt the victim. Withholding sex from the victim as a control mechanism. 182 CU IDOL SELF LEARNING MATERIAL (SLM)
12.8 FINANCIAL ABUSE Of the types of domestic violence, financial abuse is perhaps the least obvious. Financial abuse may take on many forms, such as a husband preventing his wife from obtaining an education or a job outside the home. Financial abuse is extremely common, particularly when families have pooled their money into joint accounts (with one partner controlling) and where there's little or no family support system to help. Financial abuse is simply another form of control, even though it is usually less obvious than physical or sexual abuse. Financial abuse is a way to control the victim through manipulation of economic resources. This may include, but is not limited to: Controlling the family income and either not allowing the victim access to money or rigidly limiting their access to family funds. This may also include keeping financial secrets or hidden accounts, putting the victim on an allowance or allowing the victim no say in how money is spent, or making them turn their pay check over to the perpetrator. Causing the victim to lose a job or preventing them from taking a job. The abuser can make the victim lose their job by making them late for work, refusing to provide transportation to work, or by calling/harassing/calling them at work. Spending money for necessities (food, rent, utilities) on nonessential items (drugs, alcohol, hobbies.) Often, the victim is completely dependent on their partner for money. With no access to money except through the abusive partner, the victim is completely at the abusive partner's mercy. The abusive partner may withhold money for food, clothing, and more. If children are involved, this can overlap with neglect. In this case, the abuser wields their influence over the economic resources in the relationship as a means to oppress their victim. This may appear in the form of limiting or denying the victim access to funds. It may also be found where the victim is kept on an allowance, or denied any say in how finances are to be dispersed. The abuser may also take away their victim’s ability to earn money. This may be pulled off by barring their continuation at work. An abuser may also orchestrate a victim’s loss of employment by sabotaging them at work. They may go as far as denying the victim access to transportation to work. 183 CU IDOL SELF LEARNING MATERIAL (SLM)
12.9 PSYCHOLOGICAL ABUSE Psychological abuse is basically a catchall term for intimidating, threatening, or fear-causing behaviour. This behaviour must be persistent and significant. A one-time event generally won't be enough to bring a domestic violence action. Like emotional abuse, psychological abuse may not, on its own, be enough to bring a domestic violence action unless it's especially severe. A wide variety of behaviours fall under the umbrella of psychological abuse. Some common examples include: Preventing the victim from talking to people unless they have \"permission\"; Preventing the victim from leaving the house; Threatening the victim with violence or Emotional blackmail for doing something the abusive partner doesn't agree with. 12.10 ISOLATION Isolation is a unique form of domestic abuse in that it can be carried out by an abuser, but may also be resorted to by the victim for a number of reasons. The abuser primarily wants to maintain control over his victim. One way to do this is to keep them away from family, friends, or colleagues who may attempt to offer advice or protection against their victimizer. The abuser can center himself in his victim’s life by policing who his victim can or cannot see. This can leave the victim socially isolated, their primary human contact being with their abusive partner. Isolation is a form of abuse often closely connected to controlling behaviors. It is not an isolated behavior, but the outcome of many kinds of abusive behaviors. By keeping the victim from seeing who they want to see, doing what they want to do, setting and meeting goals, and controlling how the victim thinks and feels, the perpetrator is isolating the victim from the resources (personal and public) which may help them leave the relationship. By keeping the victim socially isolated the batterer is keeping the victim from contact with the world which might not reinforce the perpetrator’s perceptions and beliefs. Isolation often begins as an expression of their love for the victim with statements like, “if you really loved me you would want to spend time with me, not your family”. As it progresses, the isolation 184 CU IDOL SELF LEARNING MATERIAL (SLM)
expands, limiting or excluding their contact with anyone but the batterer. Eventually, the victim is left totally alone and without the internal and external resources to change their life. Some victims isolate themselves from existing resources and support systems because of the shame of bruises or other injuries, the perpetrator’s behavior in public, or the perpetrator’s treatment of friends or family. Self-isolation may also develop from fear of public humiliation or from fear of harm to themselves or others. The victim may also feel guilty for the abuser’s behavior, the condition of the relationship, or a myriad of other reasons, depending on the messages received from the abuser. In some cases, a person who is facing abuse may choose to avoid interactions with family, friends, colleagues and other acquaintances for fear that they notice the bruising, cuts and other injuries sustained in their relationships. They may also resort to isolating themselves from loved ones to avoid their abuser’s reaction should he learn of a meeting. The victim may also simply choose to avoid their loved ones because of their abuser’s unmasked hatred towards them. 12.11 STALKING This is a severe form of emotional and psychological abuse. Stalking is majorly faced by women, with 4 out of 5 cases of this act being against women. Explained simply, stalking is the persistent and unwanted pursuit of another person. This pursuit will typically lead the person on the receiving end to fear physical harm or death to themselves, their family, or other loved ones. Stalking may occur during or after a relationship has ended. It includes terrorizing behavior like watching the victim from a distance, breaking into the victim’s home, reading their mail, following victims through daily activities, violating restraining orders against being in close proximity with the victim, etc. This form of abuse can be incredibly harmful to the victim, causing sleep difficulties, intense feelings of stress and anxiety, depression, anger, eating disorders, excessive feelings of vulnerability, and more. Below is a list of common stalking behaviours. Stalking during a relationship or after it has ended is high-risk behaviour. It is typically defined as the wilful, malicious and repeated following or harassing of another person, accompanied by a credible threat of violence. It has been increasingly recognized as a serious crime in the United States. Safety precautions must 185 CU IDOL SELF LEARNING MATERIAL (SLM)
be taken if it is occurring to you or someone you love! And remember, in most states, these behaviours are also against the law. Mailing cards or other cryptic messages Breaking windows, breaking into or vandalizing partner’s home Taking partner’s mail Leaving things, such as flowers on doorstep or at work Watching partner from a distance Hang-up calls on the telephone Following partner with a car or on foot Hiding in bushes or other surveillance of partner’s home Surveillance of partner at work Other trespassing Vandalizing partner’s property Destroying property to scare or intimidate partner Stealing things from partner Breaking into partner’s house or car Filing numerous pleadings in court cases Filing for custody of children regardless of their needs Not respecting visitation limitations Harassing telephone calls or notes Violation of restraining orders 12.12 SUMMARY Domestic violence is experienced at epidemic proportions the world over. Whether it is through overt acts of physical violence, or less easy to identify measures like emotional or financial abuse. Violence may also come in the form of stalking or isolating a partner in a relationship. 186 CU IDOL SELF LEARNING MATERIAL (SLM)
Domestic violence can have devastating effects on the physical and psychological well-being of a victim. Making the decision to leave an abusive situation can be incredibly difficult, but it is also tremendously brave. There are multiple services ready to help with making that decision. If you or a loved one require help getting away from an abusive partner—local community centres, helplines, and emergency services can help to safely get you away from the danger, and on the right track to a secure life away from the abuser. When the general public thinks about domestic violence, they usually think in terms of physical assault that results in visible injuries to the victim. This is only one type of abuse. There are several categories of abusive behavior, each of which has its own devastating consequences. Lethality involved with physical abuse may place the victim at higher risk, but the long-term destruction of personhood that accompanies the other forms of abuse is significant and cannot be minimized. The cycle of violence can happen many times in an abusive relationship. Each stage lasts a different amount of time in the relationship, with the total cycle taking from a few hours to a year or more to complete. Emotional abuse is present in all three stages. Domestic violence can be lethal. Death is always possible as an accidental outcome of the violence. Physical abuse is one of the first forms of violence people think of when they hear the words domestic violence. Physical abuse is slightly easier to recognize because it is harder to disguise, and often more overt than emotional abuse. Physical abuse occurs when behaviors are clearly intended to render the victim powerless and to gain control in the relationship. Sexual abuse is a difficult aspect of domestic violence, both to discuss and, at times, identify. Women are expected to endure a tremendous amount of sexual violence in their lives, and many will have difficulty identifying sexual abuse as abuse. Financial abuse is an often unknown, yet very common, form of domestic violence. It occurs when one partner is controlling the financial independence and freedom of the other partner. 187 CU IDOL SELF LEARNING MATERIAL (SLM)
12.13 KEY WORDS Abusive Behaviours: Abusive or coercive behaviours may include, but are not limited to, physical assaults, verbal assaults, threats, intimidation, use of weapons, isolation, destruction of property, violence toward other significant people or pets, sexual manipulation and control over economic resources. Intent: The pattern of behaviours is not a matter of coincidence or the result of a time-limited crisis. Rather, it is an ongoing pattern in the relationship whereby the abuser acts to control the other person. Economic or financial abuse: This involves the unequal control of finances in a relationship or family and the deprivation of basic necessities. Physical abuse: This includes directly assaulting a person like pushing, slapping, punching, kicking, choking, biting, shaking, inflicting burns, hair pulling, using a weapon, for example, belting, stoning, flogging with a stick, spearing, etc. Verbal and emotional abuse: Verbal abuse includes the intent to humiliate, degrade, demean, threaten, coerce or intimidate, and includes the use of derogatory language or continual ‘put-downs’ to highlight a particular part of a person’s being or their societal role. Spiritual or cultural abuse: It is when power and control is used to deny a partner or family member their human, cultural or spiritual rights and needs. It can also include using religion or culture as an excuse to commit particular abuses to justify the behaviour. Social abuse: Social abuse and isolation is commonly used by perpetrators to separate the victim from supportive friends, family and community agencies. 12.14 LEARNING ACTIVITY 1. Write with behaviours the different types of domestic violence? ___________________________________________________________________________ ___________________________________________________________________________ 2. What are ways in which a spouse makes their partners dependent on them? 188 CU IDOL SELF LEARNING MATERIAL (SLM)
___________________________________________________________________________ ___________________________________________________________________________ 12.15 UNIT END QUESTIONS A. Descriptive Questions Short Questions 1. Define Domestic Violence? 2. Name any four types of domestic violence? 3. Define physical abuse? 4. Define financial abuse? 5. Define emotional abuse? Long Questions 1. Write a note on the different types of domestic violence? 2. Write about the different behaviours that come under physical abuse? 3. Write about the different behaviours that come under emotional abuse? 4. Write about the different behaviours that come under isolation as abuse? 5. Write about the different behaviours that come under stalking as abuse? B. Multiple Choice Questions 1. When did The Domestic violence act 2005, come into force? a. 26 October 2006 b. 01 April 2006 c. 21 May 2015 d. 11 March 2005 2. The unlawful attempt or threat to inflict immediate harm or death is referred to as: ________________. a. Assault 189 CU IDOL SELF LEARNING MATERIAL (SLM)
b. Battery c. Robbery d. Attempt 3. \"A pattern of behaviour that constitutes\" is called. a. Dowry Prohibition Act 1971 b. Dowry Prohibition Act 1967 c. Dowry Prohibition Act 1961 d. Dowry Prohibition Act 1959 4. Which of the following is TRUE regarding domestic violence? a. Domestic violence is not used to maintain power and control b. Domestic violence only involves men abusing women c. Domestic violence is used to maintain power and control d. Domestic violence is not a serious problem in most communities 5. Domestic violence can take the form of which type of abuse? a. Physical b. Emotional c. Financial d. All of the above Answers 1-a, 2-a, 3-c. 4-c, 5-d 12.16 REFERENCES References books Clinard, M. B., & Quinney, R. (2016). Criminal Behavior Systems: A Typology. London: Routledge. 190 CU IDOL SELF LEARNING MATERIAL (SLM)
Turner, Jonathan H., 1987; The Structure of Sociological Theory, Fourth Edition, Rawat Publications, Jaipur. Henry, Kenneth, 1978, Social Problems: Institutional and Interpersonal Perspectives, Scott, Fopresman and Company, Illinois, London. Kothari, Rajani, 1988, Transformation and Survival, Ajanta Publications, Delhi. Lerner, Daniel, 1964, The Passing of Traditional Society, The Free Press, London. Polanyi, Karl, 1957, The Great Transformation: The Political and Economic Origin of our Time, Beacon Press, Boston. Merton, Robert K. & Nisbet, Robert, 1976, Contemporary Social Problems, Hercourt Brace Iovanovich, International Editing, New York, Chicago. Singh, Yogendra, 1988, Modernizations of Indian Tradition, Reprint, Rawat Publication, Jaipur. Ancel, Marc (1965), Social Defence – A Modern Approach to Criminal Problems, Routlege and Kegan Paul, London. Bhattacharya, S.K. (1981), “The Concept and Areas of Social Defence”, in Readings in Social Defence edited by N.C. Joshi and V.B. Bhatia, Wheeler Publishing, Allahabad. Government of India (Ministry of Social Welfare) (1974), Social Defence in India, National Institute of Social Defence, New Delhi. Government of India (Ministry of Social Welfare) (1980), National Institute of Social Defence: A Perspective, NISD Publication, New Delhi. Srivastava, S.P., April (2000), “Explaining the Concept of Social Defence”, Social Defence, Vol. 49, No. 144. Textbooks Ahuja, Ram (1992), Social Problems in India, Rawat Publications, Jaipur. Keneth, Henry (1978), Social Problems: Institutional and Interpersonal Perspectives, Scott, Fopresman and Company, Illinois, London. 191 CU IDOL SELF LEARNING MATERIAL (SLM)
Merton, Robert K, and Robert Nisbet (1971), Contemporary Social Problems, Fourth Edition, Harcourt Brace and Co., New York. Memoria, Dr. C.B. (1960), Social Problems and Social Disorganisation in India, Kitab Mahal, Allahabad. Annual Report 2003, National Commission for Women, New Delhi. Annual Report 2002-2003, Ministry of Social Justice and Empowerment, Government of India. Cooley, C.H. (1902), Human Nature and Social order, Scribner, New York. Crime in India (2003), Annual Report, National Crime Records Bureau, New Delhi. Merton, (1957), R.K., Social Theory and Social Structure, Free Press, Glencoe, Illinois. Ram, Ahuja (1997), Social Problems in India, Rawat Publications, New Delhi. William, Scott (1988), Dictionary of Sociology, Goyl Saab Publishers, New Delhi. Website https://open.lib.umn.edu. https://www.sociologylens.in/2021/03/social-problems.html https://academic.oup.com/socpro https://www.oxfordbibliographies.com/ 192 CU IDOL SELF LEARNING MATERIAL (SLM)
UNIT-13 DEVIANCE AND CRIME: DEFINITION STRUCTURE 13.0 Learning Objectives 13.1 Introduction 13.2 Crime: Meaning and Definition 13.3 Types of Crimes 13.4 Categories of crime 13.4.1 Crime against Person 13.4.2 Crime against Property 13.4.3 Political Crime 13.4.4 Economic Crime 13.4.5 Social Crime 13.5 Delinquency 13.6 Laws governing crime 13.6.1 Indian Penal Code 13.6.2 Civil Procedure Code 13.6.3 Criminal Procedure Code 13.6.4 Difference between Indian Penal Code, Civil Procedure Code and Criminal Procedure Code 13.7 Laws related to Delinquency 13.7.1 The United Nations Convention on the Rights of the Child (UNCRC) 13.7.2 Juvenile Justice (Care and Protection of Children) Act, 2015 13.8 Authorities’ Associated with Crime and Delinquency 13.8.1 Judiciary System of India 13.8.2 Police System 13.8.3 National Commission for Protection of Child Rights 13.8.4 Child Welfare Committee 13.8.5 Juvenile homes 13.9 Summary 193 CU IDOL SELF LEARNING MATERIAL (SLM)
13.10 Key Words 13.11 Learning Activity 13.12 Unit End Questions 13.13 References 13.0 LEARNING OBJECTIVES After studying this unit, you will be able to; Explain the concept of social control Explain the concept of deviance Explain the concept of crime Explain social definition of deviance Explain legal definition of deviance Explain social definition of crime Explain legal definition of crime 13.1 INTRODUCTION Society governs and regulates individual behaviour. The way in which we behave, interact, communicate with people around us and in situations we encounter are regulated, managed and directed by the society we are a part of. Moreover, the decisions we take are guided by our social constructs. Every day, we encounter a number of situations and take decisions while handling them. Our priorities, decisions as well as our outlook towards our life are all decided within the framework of the nature of our social environment. As a student, the decision to continue education or take a certain field of study or even the place of education will be determined by your social circle. A person is more likely to choose a field which is similar to their family members or peer group. Even, the motivation to study in a particular institute or a particular country may be influenced by someone who has attended that institute or has been to that particular country. The decision to not continue education is also dependent on our social situations and circumstances. Similarly, most of our behaviour and decisions are determined by what we know was social norms. Social norms are also known as mores. They are referred to as unknown rules of 194 CU IDOL SELF LEARNING MATERIAL (SLM)
behaviour which are considered as acceptable by a particular group of people or a society. Norms are different from laws as laws are written and have a formal course or punishment for those who violate them. In case of norms, violation leads to informal consequences. Any behaviour that violates social norms is considered to be deviant. On the other hand, a behaviour that violates local, national or international laws is known as crime. Deviant behaviour and criminal activity weaken the established social norms or legal structure on the society. On order to handle them, society may use social or legal frameworks of control. Social control exercises control over deviant behaviour and legal structures exercise control over criminal activity. In this unit, we will look into the concept of social norms and social control. We will also study how social norms vary from society to society. Nest, we will try to understand the concepts of deviance and crime. We will study the criteria used to determine whether a behaviour is deviant or crime and ways in which the society exerts social control to reduce deviant behaviour. We will also look into legal frameworks of defining deviant behaviour and crime. 13.2 CRIME: MEANING AND DEFINITION Societies have been concerned about behavioural expectations, disruptions to social order, and the protection of the natural flow of life since ancient times. Ancient Babylon’s Code of Hammurabi is the earliest evidence of a society that clearly identified a set of rules governing social life. King Hammurabi (1795–1750 BC) established a historical precedent for other societies to follow. By drawing notice to his subjects of what he saw as acceptable behaviour, he laid the foundation for a more organized, purposeful, and civilized social order. With varying degrees of formalization and success, rulers have endeavoured to protect their kingdoms, albeit the wealth and power of monarchs have frequently superseded the interests and protection of their citizens. The key issue here is that rules governing social life have been part of the social order of human communities since recorded time. Violations of these codes of conduct have also been part of the social fabric and social experience since humans began living in social groups. Crime has traditionally been studied as a form of deviant behaviour. Crime is a behaviour that violates official law and is punishable through formal sanctions. The dictionary meaning of the word ‘crime’ refers to a “violation of law” or “an act punishable by law”. 195 CU IDOL SELF LEARNING MATERIAL (SLM)
For example, driving with a blood alcohol percentage over the province’s limit is a crime. The English word ‘crime’ is derived from the Latin term “crime” which means ‘charge’ or ‘offence’. Thus, literally the word crime means “an attack on norms or the law”. It also means “violation of norms and laws”. According to Samuel Koenig, “Crime may be defined as any act forbidden by law which society expects its authorized officials to enforce.” According to F.R. Scarcity and M.L. Andersen, “Crime can be defined in terms of the body of law that codifies a society’s rules about proper and improper behaviour.” According to Hall Jerome has defined crime as “legally forbidden and intentional action which has a harmful impact on social interests, which has a criminal intent, and which has legally-prescribed punishment for it.” According to Elliot and Merrill, “Crime may be defined as anti-social behaviour which the group rejects and to which it attaches penalties.” Therefore, crime is believed that anti-social elements are responsible for increase in crime rate. According to Mowrer (1959) has defined as “an anti-social act”. 13.3 TYPES OF CRIMES Crimes have been classified on varied bases. Sutherland has given two types of crimes on the basis of their atrocity and seriousness – felony and misdemeanour. The distinction between the two is made in terms of the sentence that can be imposed. Types of crime Felony Misdemeanours Figure no 13.1 Types of crime Felony: 196 CU IDOL SELF LEARNING MATERIAL (SLM)
Types of crimeFelonies are the most serious of crimes that one can commit. Felonies are punishable by one year or more imprisonment. In fact, there are some states which impose the death penalty for certain types of felony crimes. Felony crime includes personal crimes, such as murder, robbery and rape. Other types are crimes against property, including burglary or larceny. One well-known celebrity case that involved a felony charge was the murders of Nicole Brown Simpson and Ron Goldman. Celebrity O.J. Simpson, the former husband of Nicole Brown Simpson, was charged with the murders of the two victims. After a lengthy public trial, O.J. Simpson was found not guilty of the felony murder charges. Misdemeanours Misdemeanours are less serious crimes. These crimes are punishable by less than one-year imprisonment. Examples of misdemeanours include assault, battery or writing bad checks. For instance, in 2011, actress Lindsay Lohan pled guilty to a misdemeanour charge for stealing a $2,500 necklace. violent personal crime occasional property crime occupational crime political crime public order crime conventional crime Figure13.2 Types of crime by Clinard and Quinney Clinard and Quinney have given six types of crimes: 197 CU IDOL SELF LEARNING MATERIAL (SLM)
1. Violent personal crime: This crime is based on the use of violence and is committed by a person who does not have earlier record of crime against him. Murder, rape, assault are some examples of this crime. The reaction of society against those who commit this crime is very harsh. 2. Occasional property crime: This crime is violation of individual property rules. Shoplifting is one example of this crime. 3. Occupational crime: This crime is committed, during the course of one’s occupation, with an economic motive. The criminals who commit this crime accept the traditional norms of society except that of honesty. Embezzlement, black-marketing, misleading advertisements are some examples of this crime. 4. Political crime: This is committed by an individual with vested political and economic interests. Treason, spying, passing secrets to enemy countries are examples of this crime. 5. Public order crime: This crime is one in which an individual violates the rules of conduct in society. Some examples of this crime are alcoholism vandalism, prostitution, homosexuality and violation of traffic rules. 6. Conventional crime: This is a crime in which an individual violates the sacred norms of individual property. Theft, robbery, dacoity, kidnapping, and riot are some examples of this crime. Individuals commit these crimes on a part-time basis, and these crimes are not the main source of their income. However, these criminals are more committed to criminal subculture. 13.4 CATEGORIES OF CRIME Crime Political against crime property Economic crime Crime Categories Social against of crime crime person 198 CU IDOL SELF LEARNING MATERIAL (SLM)
Figure13.3 Categories of crime 13.4.1 Crime against Person Crimes against people are a category of crime that consists of offenses that usually involve causing or attempting to cause bodily harm or a threat of bodily harm. These actions are taken without the consent of the individual the crime is committed against, or the victim. These types of crimes do not have to result in actual harm - the fact that bodily harm could have resulted and that the victim is put in fear for his/her safety is sufficient. In a personal crime, the victims themselves are directly harmed, whether physically, mentally, or emotionally, by the offender. Personal crimes are the crimes most associated with violence against victims. For example, homicide is the willful killing of a person while murder is the unlawful willful killing of a person. Homicide can be lawful. A police officer who kills someone using the lawful amount of force in a justified situation has committed a homicide. A lawfully armed homeowner defending him- or herself during a home invasion is also lawful homicide. Murder, however, is never justified. Murder involves a mens rea, or criminal intent, in which the person planned on killing the victim, either ahead of time, known as 'premeditation', or in the spur of the moment. This 'spur of the moment' murder is sometimes known as 'in the heat of passion'. Another term for the unlawful killing of an individual is manslaughter. There are many different definitions of manslaughter depending on local statutes of the jurisdiction, but is generally the unintentional killing of a person due to an intentional act of negligence. Think of Sam, a drunk driver who got in an accident and killed someone else. Sam did not intend to kill anyone when he got in the car, but his act of intentional negligence (driving drunk) led to an unintentional and unlawful killing. Or say a company CEO, Marcia, tries to save money by intentionally neglecting to provide her employees with the required safety equipment to complete their job. If someone is killed on the job due to the lack of personal protective equipment, then the company, Marcia, or both could be charged with manslaughter. Not every personal crime involves the taking of a life, for example, assault and battery. Assault, when it's a separate crime, usually involves an attempt to commit a battery or 199 CU IDOL SELF LEARNING MATERIAL (SLM)
causing someone to fear for their physical safety from an attack of some kind. Battery, generally involves unlawful touching from an offender to a victim involving being struck, kicked, or otherwise. An 'aggravated assault' or 'aggravated battery' usually involves some form of weapon, such as a firearm or knife. Perhaps one of the most despicable personal crimes is rape or sexual assault. Rape can be roughly defined as the forcible sexual penetration of a victim by an offender with either a part of the offender's body (e.g., penis) or by other means. Sexual assault can generally be summarized as the unlawful touching of a victim by an offender to satisfy some sexual desire of the offender. Other personal crimes include kidnapping, false imprisonment, and robbery. The important distinction of personal crimes is that the offense occurs against an actual person and not their property. That offense can be physical, mental, or emotional. Note that these crimes can all be called different things based on the jurisdictions and statutes involved. For example, homicide and murder may be synonymous in one jurisdiction but not in another. There may be varying degrees of murder, such as premeditated murder, first- degree murder, or second-degree murder. 13.4.2 Crime against Property Property crime is a category of crime that includes burglary, motor vehicle theft, theft, arson, vandalism and shoplifting. It involves the taking of property or money and does not include a threat of force or use of force against the victim. Burglary Burglary is a property crime that involves breaking and entering into a commercial establishment or a home with the purpose of committing some sort of crime inside, such as stealing. According to a 1999 poll, up to 50% of burglaries are not reported, and this is due to its incredibly low solvability rate. Burglaries tend to occur the most in late summer and are most likely to happen during the day, when the odds are good that no one will be home. Burglary is punishable in most states by a prison sanction if an individual is convicted of the crime. Theft Theft is a property crime that involves taking the property or services of another person without the other person giving consent. Theft can be done without the other person's 200 CU IDOL SELF LEARNING MATERIAL (SLM)
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