Causes of Domestic Violence in India
Alright 👍 Let’s break down Causes of Domestic Violence in India with a detailed legal explanation and important case laws.
Domestic Violence in India
Domestic violence refers to physical, emotional, sexual, or economic abuse within a domestic relationship (marriage, live-in, family). In India, it is primarily governed by:
Section 498A IPC – Cruelty by husband or his relatives.
Protection of Women from Domestic Violence Act, 2005 (PWDVA) – Provides civil remedies (residence, protection, maintenance, compensation).
Causes of Domestic Violence in India
1. Patriarchal Mindset & Gender Inequality
Deep-rooted belief that men are superior and women are subordinate.
Women are often considered responsible for household work only.
Case Law: S.R. Batra v. Taruna Batra (2007) 3 SCC 169 – Though mainly about right to residence, SC observed that domestic violence often stems from denial of women’s equal status in matrimonial homes.
2. Dowry Demands
Persistent demand for dowry is a major cause of harassment, cruelty, and violence against women.
Case Law: State of Punjab v. Iqbal Singh (1991) 3 SCC 1 – Husband and in-laws convicted for cruelty and dowry death. Court recognized dowry as a leading cause of domestic violence.
3. Economic Dependence of Women
Lack of financial independence makes women vulnerable.
Abusers exploit women’s dependence for food, shelter, and security.
Case Law: V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183 – Court held that even women who were married before the PWDVA, 2005 can seek relief. It emphasized protection against economic and emotional abuse.
4. Alcoholism, Drug Addiction, and Stress
Alcohol and substance abuse often trigger physical violence.
Financial stress, unemployment, and poverty also increase abuse.
Case Law: Narayan Ganesh Dastane v. Sucheta Narayan Dastane (1975 AIR 1534) – Though a matrimonial case, Court recognized that continuous ill-treatment under influence of alcohol amounted to cruelty.
5. Cultural & Social Norms (Silence & Tolerance)
Social stigma, fear of breaking family image, and reluctance to file cases lead to continuation of violence.
Case Law: Inder Raj Malik v. Sunita Malik (1986 Cri LJ 1510, Del HC) – Court highlighted that cruelty and harassment within marriage often goes unreported due to societal pressures.
6. Control Over Women’s Autonomy
Restricting movement, denying education, preventing employment.
Emotional & psychological control is a silent but strong form of domestic violence.
Case Law: Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165 – SC struck down “adult male” from PWDVA, expanding protection. Recognized that violence is not just physical but includes mental & emotional cruelty.
7. Failure of Implementation of Laws
Despite strong laws like Section 498A IPC and PWDVA 2005, weak enforcement, delayed justice, and compromise pressures worsen the problem.
Key Case Laws on Domestic Violence
V.D. Bhanot v. Savita Bhanot (2012) – PWDVA applies even to marriages prior to 2005.
Hiral P. Harsora v. Kusum Harsora (2016) – Women can file complaints against female relatives too (not just “adult male”).
S.R. Batra v. Taruna Batra (2007) – Defined right of residence; highlighted importance of shelter rights under domestic violence cases.
Savitri v. Govind Singh Rawat (1985 AIR 781) – Recognized woman’s right to interim maintenance under CrPC; later reinforced by DV Act.
State of Punjab v. Iqbal Singh (1991) – Dowry death case highlighting cruelty as cause of domestic violence.
Summary Table
| Cause | Explanation | Case Law |
|---|---|---|
| Patriarchal mindset | Male superiority & control over women | S.R. Batra v. Taruna Batra (2007) |
| Dowry | Harassment for money/property | State of Punjab v. Iqbal Singh (1991) |
| Economic dependence | Lack of financial independence makes women vulnerable | V.D. Bhanot v. Savita Bhanot (2012) |
| Alcoholism/Stress | Intoxication & poverty trigger violence | Dastane v. Dastane (1975) |
| Social stigma | Silence due to family honor | Inder Raj Malik v. Sunita Malik (1986) |
| Control over autonomy | Restricting education, job, movement | Hiral P. Harsora v. Kusum Harsora (2016) |
| Weak enforcement | Laws exist but poorly implemented | General judicial observations |
✅ Conclusion: Domestic violence in India is caused by patriarchal culture, dowry, economic dependence, addiction, social silence, and weak law enforcement. Courts have consistently broadened women’s rights under PWDVA 2005 and 498A IPC to address these causes.
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