Domestic Violence: Challenges Before Women’s Movement and NGOs by Dr. Vibhuti Patel, Director, P.G. S. R. Professor and Head, Post Graduate Department of Economics, SNDT Women’s University, Smt. Nathibai Thakersey Road, Churchgate, Mumbai-400020 Tel (91) (22) 26770227 ®, 22052970 (O), Mobile-9321040048 Email: vibhuti.np@gmail.com “Violence against women is perhaps the most shameful human rights violation. And it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.” Kofi Annan, Secretary-General of the United Nations Introduction The concept of human rights evolved largely from ideas of western political theory about rights of individuals to autonomy and freedom. Thus the international human rights law evolved to protect individuals' autonomy vis-à-vis the state. And, it held states responsible for individual rights and accountable for abuse of those rights. The development of human rights has been expressed in terms of 'generations': The civil and political rights, as the first generation rights; economic, social and cultural rights as the second generation rights; and the group or people's rights, which are recently defined as the third generation rights.

1. Understanding Domestic Violence
(Definition, Types, consequences for women, history of the DV
movement in India, changes in the Law)
by
Dr. Vibhuti Patel, Director, P.G. S. R.
Professor and Head, Post Graduate Department of Economics,
SNDT Women’s University, Smt. Nathibai Thakersey Road,
Churchgate, Mumbai-400020
Tel (91) (22) 26770227 ®, 22052970 (O), Mobile-9321040048 Email: vibhuti.np@gmail.com
“Violence against women is perhaps the most shameful human rights violation. And it is perhaps the
most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we
cannot claim to be making real progress towards equality, development and peace.” Kofi Annan,
Secretary-General of the United Nations
Introduction
The concept of human rights evolved largely from ideas of western political theory about rights of
individuals to autonomy and freedom. Thus the international human rights law evolved to protect
individuals' autonomy vis-à-vis the state. And, it held states responsible for individual rights and
accountable for abuse of those rights.
The development of human rights has been expressed in terms of 'generations': The civil and political
rights, as the first generation rights; economic, social and cultural rights as the second generation rights;
and the group or people's rights, which are recently defined as the third generation rights.
Indeed the development of human rights movement, right from the Universal Declaration of Human
Rights (1948), and the three generations of rights show that rights are defined as 'belonging to all
human beings' irrespective of gender. However, though international law is gender neutral in theory, in
practice it constituted men and women into separate spheres of existence--public and private,
respectively. Thus men exist as public, legal entities that enjoy civil and political rights and in a way
define the nature of rights discourse. Women's existence, on the other hand, is "privatized", thus, seen
as existing outside the purview of the state's obligation. Often women's exclusion from the human
rights practice and discourse, their relegation to the private, has been justified on grounds of social and
cultural specificity of region or a group. Thus, social and cultural norms, which become grounds for
respective states' consistent relegation of women to private sphere, results in international law being
either reinforcing or replicating exclusion of women's human rights abuses from the public sphere. The
effects of this public/private divide in the international law are more evident in domestic violence,
which literally happens in the private. Many laws are gender neutral, however, their application is
gender biased. (Agnes, 1988)
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2. Moreover the economic and social context of its (laws) application had not been considered seriously
by both the governmental and at the same time non-governmental organizations, all over the world.
Harms suffered by women at the hands of private individuals or within the family had been placed
outside of the conceptual framework of international human rights. Feminists have argued that a failing
of international human rights norms is in not recognizing the 'gendered' consequences of their
application they render invisible particular problems suffered by women.
Moreover, in addition to holding states responsible for taking action against the human rights abuses
occurring in the private sphere, feminist human rights thinkers argued that domestic violence should be
conceived as a form of torture. They aver that though torture with cases of disappearance and murder,
is widely recognized as a core violation of human rights, that inequality on the basis of sex is widely
condemned, why is torture on basis of sex in the form of rape, domestic battering and pornography not
seen as a violation of human rights?
The feminist analysis examines characteristics of domestic violence, in the light of international legal
understanding, of what constitutes torture and cruelty, the inhuman and degrading treatment it entails.
They affirm that process, purposes, and consequences of torture and that of domestic violence are
startlingly similar. That whether torture committed in domestic context or that inflicted officially, does
not reduce its intensity of violence, nor does it demand different standards of judgments and actions on
part of state.
The existing international human rights instruments, has both a separate provision for women's rights
(i.e. Convention on the Elimination of All Forms of Discrimination against Women, CEDAW), and
other general mechanisms which stressed formal equality of women and men. While this development
is important, it is not adequate to address issue of women's subordination. Recently, non-governmental
organizations have begun to document women's abuse within the context of traditional human rights
law. (Mathur, 2004)
These efforts are based on and addressed within that framework of whose 'very structure is built on the
silence of women'. The fundamental problem women face is not discriminatory treatment vis-à-vis
men. Rather it is necessary to raise a larger problem: that, women are in inferior position because they
have no power either in public or private worlds, or in international human rights law. Thus problem of
domestic abuse as a human rights issue will have to be seen as a part of larger reality of subordination
of women--their powerlessness in terms of defining the human rights discourse.
What are the signs of domestic violence?
• Destructive criticism and verbal abuse: shouting/mocking/accusing/name calling/verbally
threatening.
• Pressure tactics: sulking, threatening to withhold money, disconnect the telephone, take the car
away, commit suicide, take the children away, report you to welfare agencies unless you
comply with his demands regarding bringing up the children, lying to your friends and family
about you, telling you that you have no choice in any decisions.
• Disrespect: persistently putting you down in front of other people, not listening or responding
when you talk, interrupting your telephone calls, taking money from your purse without asking,
refusing to help with childcare or housework.
• Breaking trust: lying to you, withholding information from you, being jealous, having other
relationships, breaking promises and shared agreements.
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3. • Isolation: monitoring or blocking your telephone calls, telling you where you can and cannot
go, preventing you from seeing friends and relatives.
• Harassment: following you, checking up on you, opening your mail, repeatedly checking to
see who has telephoned you, embarrassing you in public.
• Threats: making angry gestures, using physical size to intimidate, shouting you down,
destroying your possessions, breaking things, punching walls, wielding a knife or a gun,
threatening to kill or harm you and the children.
• Sexual violence: using force, threats or intimidation to make you perform sexual acts, having
sex with you when you don't want to have sex, any degrading treatment based on your sexual
orientation.
• Physical violence: punching, slapping, hitting, biting, pinching, kicking, pulling hair out,
pushing, shoving, burning, strangling.
• Denial: saying the abuse doesn't happen, saying you caused the abusive behaviour, being
publicly gentle and patient, crying and begging for forgiveness, saying it will never happen
again.
Protection of Women from Domestic Violence Act, 2005 defines “Domestic Violence”
as
• (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or
physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse; or
• (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or other property or
valuable security; or
• (c) has the effect of threatening the aggrieved person or any person related to her by any
conduct mentioned in clause (a) or clause (b); or(d) otherwise injures or causes harm, whether
physical or mental, to the aggrieved person.
Domestic Violence in India
NFHS II data on domestic violence are quite revealing.
India / State Percentage beaten or physically mistreated since age 15 by:
Husband In-laws Other Person
India 18.8 1.8 3.1
Andhra Pr. 21.2 2.8 2.0
Kerala 7.5 0.2 3.2
Uttar Pr. 20.8 1.9 2.2
Bihar 24.9 2.4 3.1
Rajasthan 9.8 1.5 0.9
Madhya Pr. 19.7 1.9 1.6
Orissa 22.9 3.0 7.9
Punjab 11.7 1.3 4.4
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4. Haryana 10.8 2.3 3.4
J&K 15.4 4.8 7.1
Tamil Nadu 36.0 0.5 9.0
Source: NFHS-II, 1998-99, IIPS, Mumbai, 2000.
2005-06 National Family Health Survey III
Nearly 55% of Indian women and a little over half of Indian men think that wife-beating is okay,
according to the latest National Family Health Survey, reflecting widespread social acceptability of
domestic violence across genders. Over 40% of Indian women have experienced domestic violence at
some point in their married lives, and nearly 55% think that spousal abuse is warranted in several
circumstances, according to the newly-published findings of India’s third National Family Health
Survey (NFHS-III). NFHS-III, which interviewed 1.25 lakh women in 28 states and the national
capital, during 2005-06 found that just over a third of women who had been married at any point in
their lives said they had been pushed, slapped, shaken or otherwise attacked by their husbands at least
once.
Slapping was the most common act of physical violence by husbands. More than 34% of women said
their husbands slapped them, while 15% said their husbands pulled their hair or twisted their arm.
Around 14% of the women had things thrown at them. The NFHS also states that an overwhelming
4

5. majority of women who reported domestic violence were first assaulted by their husbands less than two
years into their marriage. According to the figures, 62% experienced physical or sexual violence within
the first two years of marriage, while 32% experienced violence in the first five years. India’s latest
and most comprehensive survey also found that one in six wives had been emotionally abused by their
husbands, while one in 10, or 10%, have experienced sexual violence like marital rape on at least one
occasion. Low levels of education clearly play a major role in this horrifying trend -- over 47% of
women who reported domestic violence had no education, compared with 12% among women with 12
or more years of education. The figure was 16% for women who had completed high school.
According to the NFHS figures, domestic violence is most common in Bihar -- the percentage of
abused women is 59%, with 63% of incidents reported among urban women. Bihar was followed by
Rajasthan (46.3%), Madhya Pradesh (45.8%), Manipur (43.9%), Uttar Pradesh (42.4%), Tamil Nadu
(41.9%), and West Bengal (40.3%). Meanwhile, the tiny, ‘less developed’ but highly progressive hill
state of Himachal Pradesh reported the lowest incidence of abuse by husbands -- a mere 6%. Women
belonging to scheduled caste and scheduled tribe communities reportedly experienced the most spousal
abuse, with one in three reporting having been beaten by their husbands. Ironically, Buddhist women
reported the highest levels of violence (41%) followed by Muslim and Hindu women (34%-35%) and
Sikh and Christian women (26%-28%). Women from the Jain community reported the lowest levels of
violence -- 13%. With regard to attitudes to domestic violence, the NFHS found that 41% of women
thought that husbands were justified in slapping their wives if the latter showed disrespect to their in-
laws. Meanwhile, a substantial 35% of women thought they deserved a brutal beating at the hands of
their spouses if they neglected doing the household chores or looking after their children.
Given this attitude towards domestic violence from the victims themselves, it is unsurprising that nearly
51% of the 75,000 Indian men surveyed think hitting or beating their wives is acceptable for certain
reasons, particularly if she disrespects her in-laws. A smaller number think bad cooking or refusing sex
is reasons for physically assaulting their wives. Experts say the way women in India are brought up
explains why only one in four abused women seek help to try and end the violence their husbands mete
out to them. For instance, only 2% of women who faced domestic violence sought intervention from
the police.
G C Chaturvedi, director, National Rural Health Mission, says: “In India, the worst problem we face is
that victims in almost all states don’t feel victimised, both in case of dowry or spousal violence. They
feel being beaten up or tortured by their husbands is all right. They have been groomed to believe that.
We are trying to change this mindset by educating and empowering more women, making them aware
of their rights. It will take some time to change people.”
Commenting on NFHS findings on the widespread social acceptability of gender-based physical abuse
by a partner, Dr Sulabha Parasuraman of the International Institute of Population Studies (IIPS) says
the attitude of Indian women is “truly shocking”. “Men are brought up being taught that beating up
their wives isn’t wrong, while women are told that being assaulted by their husbands is acceptable.
Girls are taught that they can be punished by their husbands for disobedience. This social attitude has to
change immediately.” The IIPS spearheaded the survey on domestic violence for the NFHS that was
jointly conducted by 18 organisations.
A nationwide survey in 2004 showed that 52 per cent of women suffer at least one incident of physical
or psychological violence in their lifetime (ICRW, 2004).
5

6. VAW in the personal life—manifested in the form of pre-birth elimination of girls, female infanticide,
dowry murders, forced polyandry, trafficking of girls and women and incest is increasingly accepted as
a serious social problem (Mathur, 2004).
The Indian feminists have asserted that the pillars of patriarchy—namely family, kinship and
community organizations, religious and cultural organizations and state—covertly and overtly glorify
widow burning and witch hunts of widows, divorcees and deserted women, all in an effort to exercise
total control over women’s sexuality, fertility and labour, and also to usurp their property and land
rights (Lohia, 1998).
A study by the Centre for Women's Development Studies says every hour five women face cruelty at
home. (CWDS, 2002). Other studies reveal that every six hours, somewhere in India, a young married
woman is burned alive, beaten to death, or driven to commit suicide. (ICRW, 2004). The NFHS (II)
reported one in five married women in India experiences domestic violence from the age of 15. It is
estimated that more than 15,000 women suffer from dowry-related violence ever year. Analysis by the
National Crime Records Bureau shows that in 1999, cruelty by husbands and dowry-related violence
together accounted for 36 per cent of the total crimes against women (Jagori, 2003). According to the
Indian National Crime Records Bureau's unique 'crime clock 2005’ which tracked criminal activities
over 2004, the country reported one molestation every 15 minutes; one crime against women every 3
minutes; one dowry death every 77 minutes; one rape every 29 minutes; one murder every 16 minutes;
and one sexual harassment case every 53 minutes. Recent studies show that even in the most
progressive state in the country, Kerala, crimes against women has risen four-fold in the past seven
years. Foeticide is on the rise -- there were 967 girls for every 1,000 boys in the 0-6 age group in 2001
as opposed to 976 in 1971 (Patel, 2006). 75 per cent of women who are victims of domestic violence do
not seek help due to concern for family 'honour' (ICRW, 2004). Data from NFHS (II) show that 56 per
cent women justified beatings by husbands.
What came to be known in India as 'dowry deaths' – the killing of young married women for the
'dowry' or money/goods they brought with them at the time of marriage. This was also the beginning of
a process of learning for women: most protests were directed at the State. Because women were able to
mobilise support, the State responded, seemingly positively, by changing the law on rape and dowry,
making both more stringent. (Ghaswala,1998). This seemed, at that time, like a great victory. It was
only later that the knowledge began to sink in that mere changes in the law meant little, unless there
was a will and a machinery to implement these. And that, the root of the problem of discrimination
against women lay not only in the law, or with the State, but was much more widespread.
In the early campaigns, groups learnt from day to day experiences that targeting the State was not
enough and that survivors also needed support (Patel, 2002). So a further level of work was needed:
awareness raising or conscientisation so that violence against women could be prevented, rather than
only dealt with after it had happened. Legal aid and counseling centers were set up, and attempts were
made to establish women's shelters (Dabir, 2000).
NFHS-III on Domestic Violence
Nearly 55% of Indian women and a little over half of Indian men think that wife-beating is okay,
according to the latest National Family Health Survey, reflecting widespread social acceptability of
domestic violence across genders
Over 40% of Indian women have experienced domestic violence at some point in their married lives,
and nearly 55% think that spousal abuse is warranted in several circumstances, according to the
6

7. newly-published findings of India’s third National Family Health Survey (NFHS-III).
NFHS-III, which interviewed 1.25 lakh women in 28 states and the national capital, during 2005-06
found that just over a third of women who had been married at any point in their lives said they had
been pushed, slapped, shaken or otherwise attacked by their husbands at least once.
Slapping was the most common act of physical violence by husbands. More than 34% of women
said their husbands slapped them, while 15% said their husbands pulled their hair or twisted their
arm. Around 14% of the women had things thrown at them.
The NFHS also states that an overwhelming majority of women who reported domestic violence
were first assaulted by their husbands less than two years into their marriage. According to the
figures, 62% experienced physical or sexual violence within the first two years of marriage, while
32% experienced violence in the first five years.
India’s latest and most comprehensive survey also found that one in six wives had been emotionally
abused by their husbands, while one in 10, or 10%, have experienced sexual violence like marital
rape on at least one occasion.
Low levels of education clearly play a major role in this horrifying trend -- over 47% of women who
reported domestic violence had no education, compared with 12% among women with 12 or more
years of education. The figure was 16% for women who had completed high school.
According to the NFHS figures, domestic violence is most common in Bihar -- the percentage of
abused women is 59%, with 63% of incidents reported among urban women. Bihar was followed by
Rajasthan (46.3%), Madhya Pradesh (45.8%), Manipur (43.9%), Uttar Pradesh (42.4%), Tamil Nadu
(41.9%), and West Bengal (40.3%).
Meanwhile, the tiny, ‘less developed’ but highly progressive hill state of Himachal Pradesh reported
the lowest incidence of abuse by husbands -- a mere 6%.
Women belonging to scheduled caste and scheduled tribe communities reportedly experienced the
most spousal abuse, with one in three reporting having been beaten by their husbands.
Ironically, Buddhist women reported the highest levels of violence (41%) followed by Muslim and
Hindu women (34%-35%) and Sikh and Christian women (26%-28%). Women from the Jain
community reported the lowest levels of violence -- 13%.
With regard to attitudes to domestic violence, the NFHS found that 41% of women thought that
husbands were justified in slapping their wives if the latter showed disrespect to their in-laws.
Meanwhile, a substantial 35% of women thought they deserved a brutal beating at the hands of their
spouses if they neglected doing the household chores or looking after their children.
Given this attitude towards domestic violence from the victims themselves, it is unsurprising that
nearly 51% of the 75,000 Indian men surveyed think hitting or beating their wives is acceptable for
certain reasons, particularly if she disrespects her in-laws. A smaller number think bad cooking or
refusing sex is reasons for physically assaulting their wives.
Experts say the way women in India are brought up explains why only one in four abused women
7

8. seek help to try and end the violence their husbands mete out to them. For instance, only 2% of
women who faced domestic violence sought intervention from the police.
G C Chaturvedi, director, National Rural Health Mission, says: “In India, the worst problem we face
is that victims in almost all states don’t feel victimised, both in case of dowry or spousal violence.
They feel being beaten up or tortured by their husbands is all right. They have been groomed to
believe that. We are trying to change this mindset by educating and empowering more women,
making them aware of their rights. It will take some time to change people.”
Commenting on NFHS findings on the widespread social acceptability of gender-based physical
abuse by a partner, Dr Sulabha Parasuraman of the International Institute of Population Studies
(IIPS) says the attitude of Indian women is “truly shocking”. “Men are brought up being taught that
beating up their wives isn’t wrong, while women are told that being assaulted by their husbands is
acceptable. Girls are taught that they can be punished by their husbands for disobedience. This social
attitude has to change immediately.”
The IIPS spearheaded the survey on domestic violence for the NFHS that was jointly conducted by
18 organisations.
The Constitution of India guarantees the following Fundamental Rights that guide us to challenge
domestic violence.
Article 14- equal rights and opportunities for men and women in the political, economic and social
sphere
Article 15- prohibition of discrimination on the grounds of sex, religion, caste etc
Article 15(3) - empowers the State to take affirmative measures for women
Article 16- provides for equality of opportunities in the matter of public appointments
Historical Background to Campaign for Protection of Women and children from Domestic
violence Act:
In 1983, domestic violence was recognised as a specific criminal offence by the introduction of section
498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a
married woman. Four types of cruelty are dealt with by this law:
•Conduct that is likely to drive a woman to suicide,
•Conduct which is likely to cause grave injury to the life, limb or health of the woman,
•Harassment with the purpose of forcing the woman or her relatives to give some property, or
•Harassment because the woman or her relatives is unable to yield to demands for more money or does
not give some property.
What are the forms of "cruelty" recognised by the Courts?
•Persistent denial of food,
•Insisting on perverse sexual conduct,
•Constantly locking a woman out of the house,
•Denying the woman access to children, thereby causing mental torture,
•Physical violence,
•Taunting, demoralising and putting down the woman with the intention of causing mental torture,
•Confining the woman at home and not allowing her normal social intercourse,
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9. •Abusing children in their mother's presence with the intention of causing her mental torture,
•Denying the paternity of the children with the intention of inflicting mental pain upon the mother, and
•Threatening divorce unless dowry is given.
What is a "matrimonial home"? What rights do women have in their matrimonial home?
The matrimonial home is the household a woman shares with her husband; whether it is rented,
officially provided, or owned by the husband or his relatives. A woman has the right to remain in the
matrimonial home along with her husband as long as she is married, though there is no definite law
regarding this right. If a woman is being pressurised to leave the matrimonial home, she can ask the
Court for an injunction or "restraining order" protecting her from being thrown out.
This can usually be obtained quite easily. It is generally advisable not to leave the matrimonial home; it
is easier to get a court order preventing a woman being thrown out than to get an order enforcing her
right to return to it once she has left or been thrown out.
What is an 'Injunction' and how does it apply to domestic violence cases?
An injunction is a court order directing a person to do or not to do something. A woman has a lot of
flexibility regarding what she can request the Court to order. For instance, if she is being stalked by
somebody (including her husband), she can obtain injunctions against the person coming near her
home or place of work, or even telephoning her.
What can be done in the case of dowry-related harassment or dowry death?
•Section 498-A of the Indian Penal Code covers dowry-related harassment. As with other provisions of
criminal law, a woman can use the threat of going to court to deter this kind of harassment. The Indian
Penal Code also addresses dowry deaths in section 304-B. If a woman dies of "unnatural causes" within
seven years of marriage and has been harassed for dowry before her death, the Courts will assume that
it is a case of dowry death. The husband or in-laws will then have to prove that their harassment was
not the cause of her death. A dowry death is punishable by imprisonment of at least seven years. When
filing an FIR (First Information Report), in a case where a woman is suspected to have been murdered
after a history of torture due to dowry demands, the complaint should be filed under section 304-B
rather than under section 306, which deal with abetment to suicide. Section 306 should be invoked
when a woman commits suicide because of dowry-related harassment.
Can you refuse to have sex with your husband? Is there a law on marital rape?
•Since India does not have a law on marital rape, even if a woman's husband has sexual intercourse
with her without her consent, he cannot be prosecuted for rape. However, excessive and unreasonable
demands for sex, or demands for unnatural sex have been considered forms of cruelty and may entitle a
woman to a divorce.
•If a woman is judicially separated, her husband cannot have sexual intercourse with her without her
consent. If he does, he can be prosecuted under section 376-A of the IPC. Note that consent under
pressure (e.g. because of threats to injure or to stop paying maintenance) is not considered valid.
What can a woman do to prevent domestic violence?
•One option is to get the woman's husband to execute a "bond to keep peace", or a "bond of good
behaviour "through the Executive, Magistrate who can order the husband to put a stop to domestic
violence. The husband can also be asked to deposit securities (i.e. money or property) that will be
forfeited if he continues to act violently.
9

10. Protection of Women from Domestic Violence Act, 2005
•Recognition of the right to residence
•Provision for the appointment of Protection officers and the recognition of Service Providers
•Trainings for Protection Officers and Judges
•Awareness creation
•Budgetary allocation
Distinction between Civil and Criminal Law
•The distinction between civil and criminal law is a basic part of the Indian legal system. Civil laws
deal with the rights and obligations of people and what is needed to protect them, while criminal law
deals with offences and their punishment. In a criminal offence, the State takes upon itself the
responsibility to investigate and collect evidence (through the police), to fight the case in court (through
a public prosecutor) and enforce the punishment. Robbery, murder and kidnapping are examples of
criminal offences. Criminal offences are dealt with by the Indian Penal Code (IPC).
•The procedure by which a criminal trial is conducted is quite different from the processes involved in a
civil trial. An important difference is that the "standard of proof" required in criminal cases is much
higher than in civil cases. Since criminal law is centrally linked with issues of punishment, allegations
and facts must be proved "beyond reasonable doubt", so that innocent people are not punished. In civil
cases, the courts scrutinise the "balance of probabilities" before deciding in whose favour to make a
judgment.
• Both civil and criminal laws apply in case of DV.
•Inflicting physical violence on a wife or daughter-in-law as well as subjecting her to cruelty - physical,
mental, sexual or emotional and economic - in a marriage is not only a civil offence and provides
ground for divorce (a "matrimonial offence"), but is also a criminal offence under the Indian Penal
Code, for which a person can be imprisoned. The laws dealing with marital abuse have been made very
stringent through amendments in the Indian Penal Code and the Evidence Act (Jaising, 2001).
Implementation of laws
To make the laws concerning women the state needs to strengthen the machinery for their
implementation. Important steps in this regard are:
•Appointment and empowerment of statutory authorities at the central and state levels.
•Preparation of policy statements by such statutory authorities enclosing clear guidelines on the manner
of implementation of the law such as code of conduct to be followed by functionaries, provision of best
practices, etc.
•Evaluation and auditing the effectiveness of particular laws and the periodic publication and
submission of compliance reports with a central statutory authority.
•Upgrading the quality of statistics maintained on women. Each statutory body to conduct yearly
surveys in their particular field.
•Building capacity of the functionaries appointed under the law such as statutory authorities, police
personnel, health personnel, counselors, etc by conducting regular trainings on the law including
aspects of gender sensitisation as well as improving practices followed by them.
10

11. •Introducing mechanisms to ensure quicker and simpler procedures for women to obtain legal redress to
their problems. This would include the provision of legal aid, assistance at the time of registering
complaints, making applications, provision of information on the legal options available to the women
etc.
• Raising awareness of the services and support available to women facing discrimination, from both
governmental and non governmental sources.
•Ensuring adequate representation of women in statutory advisory bodies/ policy making bodies.
•Sustained interactions between different governmental agencies to promote multi agency working.
•Allocation of adequate budgets for the proper functioning of the statutory authorities.
•Constant monitoring and auditing of accounts by a central authority.
•Submission of financial reports to the Auditor General for it to be placed before on the floor of the
Parliament or State Legislature as the case may be.
DILASA - Crisis Centre for treatment and counseling of women victims of violence in a public
hospital
With the aim to sensitise the public health system to gender and violence issues, CEHAT and the Public
Health Department of the Brihanmumbai Municipal Corporation have established Dilaasa at K B
Bhabha Hospital, Bandra West. Dilaasa means Reassurance and it seeks to provide social and
psychological support to women survivors of domestic violence.
This Centre has been set up in a peripheral public hospital in collaboration with Brihanmumbai
Municipal Corporation (BMC). CEHAT will continue to provide support in terms of counseling and
allied services to survivors of domestic violence for the next 3 years. The crisis centre model is being
replicated in two other hospitals in Mumbai and one district hospital. In addition the activities will
focus on prevention of violence against women; community based support system for women survivors
of violence, research on violence faced by health care professionals and the violence which exists
within the system. It will also upscale the training function through regular 'Training of Trainers'
programme and a course for nurses on 'Gender Based Violence and their Role in Responding to the
Survivors of Violence'. (Deoshali, Maghnani & Malik, 2005)
Dilaasa believes that every woman has a right to a safe home, right to a life without violence. There is
no excuse to domestic violence.
Objectives:
1. Provide social and psychological support to women coming to the centre.
2. Sensitise the hospital staff to gender and violence issues.
3. Train the hospital staff of the casualty and various out patient departments in identifying women
facing domestic violence.
4. Create a training cell in the hospital which would train the other staff of the hospital.
5. Network with other organisations working on women's issues for mutual support and sharing.
Services:
1. counseling: Trained counselors help women to build their strength so that they can rebuild their lives.
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12. 2. Legal aid: Through our collaboration with Majlis and Lawyers Collective, we provide legal aid to
women. Lawyers are available twice a week at the centre.
3. Temporary shelter: There is provision for temporary shelter for a short period at two shelters in the
city. The hospital also provides 24 hour shelter under medical observation.
Activities:
1. Training: is one of the ongoing activities of the centre. The hospital staff is being sensitised to gender
issues so that they are able to screen women survivors of domestic violence and refer them to the
centre. A group of hospital staff has been trained as key trainers. A core group of 12 has emerged as the
training cell of the hospital. They are now conducting training for the rest of the hospital staff. The core
group also has intensive discussions/debates and mock sessions to review their role and develop further
as trainers.
2. Research: A few short studies were conducted in the initial phase to understand the hospital systems
and procedures. Every year we would analyse the counseling process based on the case records of the
women registered at Dilaasa.'
3. Documentation: Every activity of the centre and its processes are being documented to enable us to
evaluate the work of the centre.
4. Networking: Dilaasa is networking with women's organisations, legal aid agencies, shelters and other
groups working with women survivors of domestic violence for mutual support, referral and sharing.
Conclusion:
There is a need for an affirmative action to protect girls, young and elderly women from domestic
violence and establish human rights for women. It must address the following areas of intervention.
1. Improve Women's Economic Capacities: Improve women's access to and control of income and
assets, recognize her shared right to the family home, and incorporate the principle of division of
community property in divorce laws. Productive assets and property are critical to strengthening the
economic and social status of women, providing income opportunities and improved respect for
women outside marriage and family.
2. Strengthen and expand Training and sensitization Programs: Programme designed to train,
sensitize and inter-link those working at critical entry points to identify and treat abused women
should be a priority, with one aim being increased accountability across institutions. Such
programmes should be tailored for medical personnel, the judiciary, counseling and other support
service providers.
3. Dilaasa model of one stop crisis centre housed in the public hospital to facilitate collective
intervention of medical staff, police and NGO must be replicated through out the country.
4. Effective use of the Media to build Public Awareness: Mobilisation of communities around
campaigns such as that for "Zero Tolerance of Violence" requires improved skills and capacity
among NGOs to enter new forms of dialogue with journalists and media personnel to heighten
awareness of human rights and their significance for addressing domestic violence.
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13. 5. Programmes designed for the batterers: must be introduced in both the state and voluntary
sectors. In order to promote a holistic approach to prevention as well as intervention, the deficiency
in programmes designed for men needs to be addressed.
6. Addressing Domestic Violence through Education: Prevention of domestic violence ultimately
depends upon changing the norms of society regarding violence as means of conflict resolution and
traditional attitudes about gender. To achieve this, there must be introduction of gender and human
rights in the curricula of schools, universities, professional colleges, and other training colleges.
Along with this, there must be recognition and commitment to the principle of free compulsory
primary and secondary education for girls.
References:
Agnes, Flavia “Our Fight against Wife beating” in Rehana Ghadially Women in Indian Society-A Reader, Sage
Publications, Delhi, 1988.
CWDS Crimes Against Women: Bondage and Beyond Centre for Women's Development Studies, New Delhi,
2002.
Deoshali, Padma, Purnima Maghnani and Dr. Seema Malik Establishing Dilaasa-Documenting the Challenges,
Cehat, 2005.
Ghaswala, Bakula “ ‘Astitva’ Battles Domestic violence” in Shirin Kudchedkar and Sabiha al-Issa Violence
Against Women and Women Against Vilolence, Pencraft International, Delhi, 1998.
ICRW Domestic Violence in India: A Summary Report of a Multi-site Household Survey, New Delhi, 2004.
Jagori “Didn't We Ban It 40 Years Ago?” (2003), New Delhi www.jagori.org
Lohia, Shaila “ Domestic Violence in rural Areas”, in Shirin Kudchedkar and Sabiha al-Issa Violence Against
Women and Women Against Vilolence, Pencraft International, Delhi, 1998.
Mathur, Kanchan Countering Gender Violence: Initiatives towards Collective Action in Rajasthan Thousand
Oaks (California), Sage Publications, London. 2004.
Dabir, Neela Women in Distress, Rawat Publications, JAIPUR, 2000.
Jaising, Indira (Ed.) Law of Domestic Violence: A User's Manual for Women, The Lawyers Collective, Delhi,
2001.
Patel, Vibhuti Women’s Challenges of the New Millennium, Gyan Publications, Delhi, 2002.
Patel, Tulsi (Ed.) Sex-Selective Abortion in India Gender, Society and New Reproductive Technologies, Sage
Publications, 2006.
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