Domestic Violence Against Women : Legal Control and Judicial Response

Contents: Preface. List of abbreviations. Introduction. I. Position of women in Indian society: 1. Women in Hinduism. 2. Women in Buddhism. 3. Women in Christianity. 4. Women in Sikhism. 5. Women in Jainism. 6. Women in Muslim period. 7. Women in British rule. 8. Women in Post-independence India. II. Concept of violence against women: A. Definition of violence: 1. Lexicon meaning of violence. 2. Sociological definition of violence. 3. Socio-psychological definition of violence. 4. Operational definition of violence. B. Definition of domestic violence: 1. Definition under criminal law. 2. Definition under special laws. 3. Definition under civil law. 4. Definition under proposed law. 5. The protection of women from Domestic Violence Act, 2005. C. Characteristics of domestic violence: 1. Domestic violence in ancient Indian society. 2. Domestic violence in present Indian society. III. Magnitude and forms of domestic violence: A. Violence against female foetus and girl child: 1. Female foeticide. 2. Female infanticide. 3. Incest. B. Violence against married women: 1. Dowry. 2. Cruelty / Wife battering. 3. Sati. C. Violence against elderly women: 1. Abuse of elderly women. 2. Widowhood. IV. Causes of domestic violence: theoretical explanations: 1. Feminist theory: the social problem approach criticisms of the feminist model. 2. The family systems theory. 3. Psychological theory: a focus on individual problems. 4. Physiological theory. 5. Psycho-pathological theory. 6. Socio-psychological theories. 7. Socio-cultural theories. 8. Multi-factor theory. V. Administration of justice and domestic violence: A. Legal response to domestic violence: 1. Provisions under Constitutional law. 2. Provisions under civil law. 3. Provisions under criminal law. 4. Provisions under specific laws. 5. Provisions under Domestic Violence Act. 6. Provisions under International conventions. B. Judicial response to domestic violence: 1. The judiciary and girl child abuse. 2. Judicial response to female foeticide. 3. Judicial response to dowry violence. 4. Judicial response to wife battering and cruelty. 5. Judicial response to sati. 6. Judicial response to elder abuse. C. Police response to domestic violence: 1. Police insensitivity to girl child abuse. 2. Role of police in bride burning. 3. Role of police in wife battering / cruelty. VI. Domestic violence against women in India: data analysis and interpretation: 1. NCRB Data. 2. Missing data. 3. States specializing in domestic violence. VII. Conclusion and suggestions. Appendices. List of cases. Bibliography. Index.

"Domestic violence against women is an age old phenomenon. Women were always considered weak, vulnerable and in a position to be exploited. Violence has long been accepted as something that happens to woman. Family which was perceived as an arena of love, affection, gentleness and centre of solidarity and warmth has now become a centre of exploitation, assault and violence ranging from slapping, hitting, homicidal assault by one member of the family on the other to husbands and in-laws harassment for dowry or for any other reason. Dowry deaths, wife battering, female child abuse, and abuse of elderly female in the family are also included in the domestic violence against women.

Among the many manifestations of the violations of the fundamental rights of women, domestic violence is one of the most vicious. It takes place behind closed doors, the very doors which are meant to protect women from the hazards of the outside world. It is nothing short of a form of a custodial violence and must be so recognized. Domestic violence must come out of the closet and be addressed.

This study is undertaken with a firm belief that domestic violence against women in India is an issue which has been under addressed in the law. It is an attempt to recognize the existence of domestic violence and pay homage to its many victims. The present book will contribute in the effort to engage in a dialogue on the question of domestic violence against women." (jacket)