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Victimological Perspective of Domestic Violence Against Women in the City of Hyderabad During Covid-19

   

Domestic violence

Domestic violence is an extremely difficult and vicious form of abuse, which is committed within the four walls of the house, within the family, which in most cases is not recognised as a crime. There is no particular definition of domestic violence. It differs from person to person, place to place, based on the situation. The impact of domestic violence depends upon its severity, harm caused to the victim may be from a small scar to death.

According to the Domestic Violence Act1 violence against women has been clearly mentioned. The definition of domestic violence is given under Chapter III of the Act which states domestic violence2 means “any act or omission or commission or conduct of the respondent shall constitute domestic violence.” The section also provides that domestic violence includes physical abuse, sexual abuse, verbal abuse, emotional abuse, and economic abuse.

Victimological perspective of domestic violence

Figure 1

Following are the statistics of victims of domestic violence

Sl. Nos.

Year

Crime per year

1.

 

2014

426

2.

 

2015

461

3.

 

2016

437

4.

 

2017

616

5.

 

2018

579

6.

 

2019

553

7.

 

2020

446

NCRB figures on domestic violence

In India, most of the married women are victims of domestic violence. Around 63 housewives commit suicide everyday due to domestic violence3. 38% of women are killed by their intimate partner. In India, 30% of women between the age group of 15 years to 35 years, experience physical violence, from the age of fifteen years. And 6% of the married women experience sexual violence during their lifetime4. According to Livemint, 99% cases of sexual violence are not reported in India.

Under the Criminal Procedure Code5, the term “victim” was incorporated by the CrPC Amendment Act of 2008. Section 2(wa) CrPC defines victim as “a person who suffers any loss or injury caused by any reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir”.6

Often a victim seems to be born, sometimes they are society made and the most vulnerable qualities render us easy victim. The victim is the injured party who has been violated or harmed and on the other hand, offender at the same time is eligible for punishment for the harm inflicted on the injured victim.

The study of victims is said to be a new field, fifty years ago it would have been difficult to have found any criminological agency or research group working in the field of victims of crime or which is considered crime victims as having any central relevance to the subject apart from being a said product of the activity under study of criminality.

Theories of victimisation

(i) Transaction Model by Luckenbill.

(ii) Routine activities theory – Cohen and Felson.

(iii) Threefold theory- Benjamin and Master.

David. F. Luckenbill's (1977) Situated Transaction Model

This theory speaks about the idea that at the interpersonal level, crime and victimisation is a constant character. The stages are insult, clarification, retaliation, counterretaliation, presence of weapon or clenching of fist or search of weapon and onlookers.7.

Benjamin and Master's Three-Fold Model

This theory was first brought into light by Benjamin Mendelsohn, he was one of the first criminologists to study victimisation. He examined the victim-offender interaction and stressed reciprocal influences. He is the one who first wrote about the categories and types of victims.

According to Mendelsohn, the conditions to support crime can be classified into general categories:

(i) Precipitating factors — time, place, victim being in the wrong place at the wrong time.

(ii) Attracting factors for a victim-—choice, options, and lifestyles.

(iii) Predisposing factors —All the socio-demographic characteristics of victim e.g., being male, being young, being poor, being a minority, living in squalor, being single, being unemployed all are going to contribute8.

Cohen and Felson's Routine Activities Theory

Routine activities theory was developed in 1979 to relate changes in society, particularly those that concern family-based households and activities, to changes in crime rate. This one is quite popular among victimologists today who are anxious to test the theory. Briefly, it says that crime occurs whenever three conditions come together.

(i) Suitable targets. —We will always have suitable targets as long as we are in poverty.

(ii) Motivated offenders. —We will always have motivated offenders since victimology, unlike deterministic criminology, assumes anyone will try to get away with something if they can.9

Direct effects of victimisation

Shock and loss of trust/faith in society, particularly in the local community or in relation to the social group or place where the offence occurred. Though shock is typically a short-term effect (days or week) the loss of trust may persist for years together:

  1. In cases of domestic violence, financial loss which includes direct loss (property stolen, damaged etc), indirect loss (time off work, loss of earnings, time spent in clearing up, etc.) and loss consequent upon the activities of the criminal justice system (time and travel costs related to making statements, attending court, etc.).

  2. Psychological effects including fear, anger, and depression. These are common as short-term effects (few days), but for some, may turn into long-term depression effects including sleeplessness, anxiety, and constant reliving of the event, and occasionally into post-traumatic stress disorder (PTSD), which involves flash-back as well and can last for months or years.

  3. Some special effects are very disruptive to the victim's lifestyle and may affect earning potential. Violence at work for small business is particularly problematic in this respect. Social effects can be of short term or longer term.

  4. There is in fact a higher actual risk of revictimisation (the multiple victimisation effect), than first victimisation.

  5. Indirect victimisation is particularly powerful in relations to homicide, relatives and friends can themselves be affected simply though not being able to cope with the victim talking about the offence.

Domestic violence during Covid period

There is a huge increase of cases relating to domestic violence in India. A total of 3582 cases of domestic violence were reported in India between April and June this year 2020.10The National Commission for Women (NCW) received 1477 complaints of domestic violence from women. Within a span of 68 days the complaints received are equal to that of ten years. There is a jump of 79% from 2019 onwards.

Domestic violence against women in Hyderabad

Hyderabad is a cosmopolitan city where different cultural people live without any difference either between the caste, creed, or religion. But when we see the violence against women in specific domestic violence it is not unique. Even in the City of Hyderabad the incidents relating to domestic violence during Covid-19 increased.

As far as Hyderabad is concerned, a survey was conducted through online mode. As it was Covid, the questionnaire was sent through WhatsApp, e-mail, and messages. A total of 103 participants responded.

The following tables from Figure 2 to Figure 9 provides responses based on age, religion, caste, residence, marital status, status of employment, social status and violence committed by family members of the participant.

Figure 2

Respondents according to age

Sl. Nos.

Age group of respondents

Number of victims

of domestic violence between the age group

1.

 

16-20

06

2.

 

21-30

13

3.

 

31-40

12

4.

 

41- 50

14

5.

 

51-60

14

Figure 3

Response based on religion

Sl. Nos.

Religion

Total number of respondents based on religion

Total number of domestic violence victims based on religion

Percentage of the victims of domestic violence based on religion

1.

 

Hindus

77

34

44.15%

2.

 

Muslims

10

10

100%

3.

 

Christian

15

15

100%

4.

 

Sindhi

01

Total

103

59

Figure 4

Response based on caste

Sl. Nos.

Caste

Total number of respondents based on caste

Total number of domestic violence victims based on caste

Percentage of the victims of domestic violence based on caste

1.

 

Scheduled Castes

29

20

68.%

2.

 

Backward Classes

42

19

45.2%

3.

 

OC

11

07

63.6%

Total

82

46

Figure 5

Response based on residence

Sl. Nos.

Place

Number

1.

 

Hyderabad

42

2.

 

Ranga Reddy

01

3.

 

Bholakpur

4

4.

 

Sainikpuri

2

5.

 

Sanathnagar

1

6.

 

Mehdipatnam

2

7.

 

Malkajgiri

2

8.

 

Old city

4

9.

 

Boiguda

3

10.

 

Ramnagar

3

11.

 

Musheerabad

1

12.

 

Begumpet

1

13.

 

Sitaphalmandi

1

14.

 

Abids

1

15.

 

Monda market

1

16.

 

Gandhi Nagar

1

17.

 

Uppal

1

18.

 

Village

1

Total

72

Figure 6

Response based on marital status

Sl. Nos.

Women responded

Total number of respondents based on marital status

Total number of domestic violence victims based on marital status

Percentage of the victims of domestic violence based on marital status

1.

 

Married

66

51

77.2%

2.

 

Unmarried

34

06

17.6%

3.

 

Divorced wife

01

1

100%

4.

 

Husband left

01

5.

 

Widow

01

1

100%

Total

103

Figure 7

Status of women based on employment

Sl. Nos.

Employment

Total number of respondents based on employment

Total number of domestic violence victims based on employment status

Percentage of the victims of domestic violence based on

employment status

1.

 

Government employee

09

9

100%

2.

 

Teachers

09

5

55.5%

3.

 

Students

32

4

12.5%

4.

 

Professors

09

3

33.3%

5.

 

Lecturers

03

2

66.6%

6.

 

Business

04

3

75%

7.

 

Housewives

15

14

93.3%

8.

 

Daily wage

08

08

100%

9.

 

Maid servant

09

08

88.8%

10.

 

Nurse

02

2

100%

11.

 

Veg vendor

01

1

100%

12.

 

Petty business

2

2

100%

Total

103

59

Figure 8

Response based on social status of women

Sl. Nos.

Social status

Total number of respondents based on social status

Total number of domestic violence victims based on social status

Percentage of the victims of domestic violence based on social status

1.

 

Rich

02

01

50%

2.

 

Middle class

67

33

49.2%

3.

 

Below poverty

34

25

73.5%

Total responded

103

59

Figure 9

Response based on violence committed against women

Sl. Nos.

Violence committed by

Total number of domestic violence victims based on individuals

1.

 

Husband

23

2.

 

Mother

01

3.

 

Father

02

4.

 

Aunty

02

5.

 

Brother

02

6.

 

Mother-in-law

08

7.

 

Father-in-law

03

8.

 

Daughter-in-law

02

9.

 

Husband and father in-law

04

10.

 

Husband and in-laws

09

11.

 

In-laws

03

12.

 

Never faced violence

44

Total

103

The reasons for domestic violence during Covid period was due to lockdown. All the members of the family were at home, the source of income was less, and, in some cases, it was nil. Most of the victims are dependent upon their husbands. And in some cases, they want to recollect the past and harass them for dowry. As the husband is at home the ego, anger, and male attitude to be shown on someone, so the easy prey is wife. During Covid-19 period the most affected victims were wife and children.

Findings

During the Covid period:

  1. Most of the affected victims of domestic violence are married women.

  2. Due to their economic positions or due to their responsibility towards their children, women suffered in silence.

  3. Out of 103 women, 59 women are the victims of domestic violence.

  4. Out of 59 victims only two women filed cases against their husband for domestic violence which means only 2 cases are reported and remaining 57 are unreported cases.

  5. Women are ready to face the violence since marriage till their death in the hands of husband and in-laws.

  6. During Covid-19, the rate of violence increased from one in three (30%) to one in two (50%) women victims.

  7. The physical, mental, psychological trauma suffered by the women is not considered as a crime in most of the houses, unless the act is brought under Section 304-B IPC11 (dowry death).

  8. As the act falls under the civil and criminal law, implementation part is neglected because of lack of coordination between the police and other authorities under the Protection of Women from Domestic Violence Act.

Suggestions

  1. The Protection of Women from Domestic Violence Act must be implemented strictly.

  2. Awareness among women to make them strong is the need of the hour.

  3. Proper functioning of the agencies like police, protection officers is needed for the benefit of women.

  4. The role of the State, non-governmental organisations (NGOs) and judiciary is a must.


* Principal, Coordinator RUSA 2.0, University College of Law, Osmania University, Hyderabad. Author can be reached at <dr.vijayalaxmi2801@gmail.com>.

1. Protection of Women from Domestic Violence Act, 2005.

2. Protection of Women from Domestic Violence Act, 2005, S. 3.

3. NCRB- 2018, Crime Statistics.

4. YourStory, Neha Chauhan, “How gender-based violence in India continues to rise”, <https://yourstory.com/socialstory/2019/09/gender-violence-india>.

5. Criminal Procedure Code, 1973.

6. Criminal Procedure Code, 1973, S. 2(wa).

7. David. F. Luckenbill, “Criminal Homicide as a Situated Transaction”, Social Problems, Vol. 25, Issue 2, pp.176-186.

8. Mendelson, B, “The Origin of the Doctrine of Victimology”, Excerpta Criminological 3:30 in Newman, O., Defensible Space (Macmillan 1972).

9. Schwartz, Martin and Victoria L. Pitts, “Exploring A Feminist Routine Activities Approach to Explaining Sexual Assault”, 1995 Justice Quarterly, Vol. 12, Issue 1.

10. Economic Times, “3582 Cases of Domestic Violence Reported in India between April and June; Decline from 2020: Government”, <https://economictimes.indiatimes.com/news/india/3582-cases-of-domestic-violence-reported-in-india-between-april-and-june-decline-from-2020-govt/>.

11. Penal Code, 1860, S. 304-B.

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