Scream quietly, or the neighbours will hear

The family is the most unsafe space for women. This shocking fact is substantiated by research data and media reports. National Crime Reco...

The family is the most unsafe space for women. This shocking fact is substantiated by research data and media reports. National Crime Records Bureau records reveal that not only have the overall cases of reported crimes against women gone up from 98,948 cases (1994) to 1,06,471 (1995), but there has been a dramatic increase in violence against women within the household.

The same database shows that the total number of cases of dowry death and torture registered with the police has risen from 21,106 in 1991 to 36,129 in 1995. A forthcoming report by the Centre for Women’s Development Studies states that cruelty at home constitutes the largest share in crimes against women followed by rape and molestation. Violence within marriage is considered normal. It continues to be perpetrated as the popular perception is that it is not a crime, but an inevitable part of marriage. Primary household studies such as the one conducted in Gujarat (Visaria,1999) and a multi-site study (Indiasafe,2000) show that anywhere between 40 per cent to 43 per cent of women have reported being kicked, hit, slapped and sexually abused within marriage for a variety of reasons, which include not cooking properly, not cleaning properly and perceived infidelity. The Gujarat study points out that as many as 40 per cent of the women reporting abuse did not share this with any outsider prior to beinginterviewed. Similar trends are reported by the Indiasafe study, where 58 per cent of women reporting partner violence said that they continued staying with the abuser because of the perception that violence within marriage is normal.

Lack of sensitive redressal systems is a major stumbling block for victims of violence within marriage. If women choose to report it, law enforcement agencies are reluctant to ‘interfere’ in what is seen as a ‘family issue’ belonging to the private sphere. Research studies from Tata Institute of Social Sciences, HHS (Bangalore) and the National Law School show that women do not reach out for external intervention unless the violence becomes very severe. Law enforcement agencies and the judiciary operate from a mindset that re-victimises a woman who gathers the courage to speak out against family abuse.

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The health sector is one of the first entry points for women suffering from abuse. For example, research into health records done by the Tata Institute of Social Studies shows that a very large proportion of medico-legal cases of women, close to 50 per cent, could be attributed to domestic violence. The role of the health sector is critical in making referrals and documenting valuable database on abuse of women and children. However, there is reluctance to look beyond its purely clinical role. In fact, there is no legislation which makes it mandatory for health professionals to report child sexual abuse, let alone make referrals.

Current legislation on domestic violence, with a supposed focus on violence within marriage, is often reduced to dealing only with cases of dowry. A comprehensive law that extends to women and children within the domestic sphere, and is flexible enough to cover a whole range of violent acts, is the crying the need of the day. While law sections such as 498A offer protection against violence arising out of causes other than dowry, the proviso on mental cruelty is open to interpretation. A new legislation that combines the deterrent value of Section 498A and expands the scope of cruelty within the domestic sphere is crucial.

Any commitment to development has to recognise that violence against women and children is an obstacle and a contradiction to developmental goals. As long as women and children do not feel free from violence in public and private spheres, development cannot be realised. Violence of any kind, by its very semantic connotation, is violation of an individual’s right– the right to live in freedom of fear and thereby a denial of the right to development.