Domestic violence

What is Domestic Violence?

Domestic violence, often referred to as domestic abuse or family violence, involves abusive behavior by one person against another in a domestic setting, typically between individuals who share a familial or intimate relationship. It can take various forms, including physical, emotional, sexual, psychological, and economic abuse. Domestic violence can occur in marriages, cohabitations, or even between family members or intimate partners. Despite its commonality, domestic violence remains an underreported and pervasive issue globally, often hidden behind closed doors. Victims are frequently trapped by fear, emotional bonds, or financial dependency, which can make it difficult to seek help or escape.

Official definition of domestic violence

Domestic Violence as defined in Legislation(s)

Protection of Women from Domestic Violence Act, 2005 (PWDVA)

In India, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) plays a crucial role in safeguarding women against domestic violence.

Section 3 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) defines Domestic Violence as-

“Any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—

(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.”

As per Explanation - I of section 3 of D.V. Act, 2005

“Physical Abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force

“Sexual Abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;Harassment or injury caused due to unlawful demand of any dowry or other property or valuable security.

“Verbal and Emotional Abuse" includes

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and repeated threats to cause physical pain to any person in whom the aggrieved person is interested;

“Economic Abuse" includes—

(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, house hold necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared house hold and maintenance;(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and (c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household

Bharatiya Nyay Sanhita, 2023

The newly enacted Bharatiya Nyay Sanhita, 2023 (formerly the Indian Penal Code) addresses domestic violence and cruelty within marital relationships. Section 85 deals specifically with cruelty by a husband or his relatives towards a woman, with punishments that include imprisonment of up to three years and fines. This section is a direct continuation of the protection offered under the now-repealed Section 498A of the Indian Penal Code. Section 86 further defines cruelty as conduct that could drive a woman to suicide, or inflict grave harm or danger to her physical or mental health, or coercive actions related to dowry demands.

International Conventions

Internationally, several conventions and agreements have set the standard for combating domestic violence. The Council of Europe’s Istanbul Convention defines domestic violence as all acts of physical, sexual, psychological, or economic violence within the family or between partners, regardless of whether they share a residence. It emphasizes the need for protective measures that ensure the safety and dignity of victims.

Another key international instrument is the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993. CEDAW’s Recommendation No. 12 outlines the obligations of member states to enact laws and policies aimed at preventing violence against women. This includes protecting women not only within the family but also in other social environments such as workplaces. States are urged to provide support services, collect data on violence, and report on their efforts to curb such abuse.

Case Laws

Several landmark cases in India have shaped the judicial understanding of domestic violence and expanded the protection offered under the PWDVA:

In Sandhya Manoj Wankhade v. Manoj Bhimrao Wankhade, the Supreme Court clarified that domestic violence complaints can be filed against both male and female relatives, making it clear that the scope of the term "relative" is inclusive and not restricted to males.

D. Velusamy v. D. Patchaiammal was a pivotal case in defining "relationships in the nature of marriage" under the PWDVA. The Court emphasized that not all live-in relationships qualify for protection under the Act. To determine whether a relationship resembles a marriage, the couple must present themselves as spouses to society, cohabit for a significant period, and meet the legal age and criteria for marriage. The court specifically excluded casual relationships from this definition, focusing on those that exhibit permanency and mutual intent to form a life together.

In Indra Sarma v. VKV Sarma, the Supreme Court laid out further guidelines to assess whether a live-in relationship qualifies as one "in the nature of marriage." The court considered factors like the duration of cohabitation, financial arrangements, and whether the parties intended to share a household and life as partners. The existence of children and public socialization as a couple were also seen as important indicators of a relationship’s legitimacy. However, the Court also clarified that if one party is already married, the relationship cannot be considered as akin to marriage, thereby denying the aggrieved person relief under the PWDVA in such cases.

In Satish Chandra Ahuja v. Sneha Ahuja, the Supreme Court redefined the concept of a "shared household." The court expanded the understanding of what constitutes a shared household to include any property where the woman has lived with her husband or in-laws, broadening the scope of protection available to women in domestic relationships. This judgment overruled previous restrictive interpretations and allowed women more security in asserting their rights to residence.

Legal Provisions relating to Domestic Violence

Reliefs and Remedies under the Domestic Violence Act, 2005

The PWDVA provides a robust framework of remedies for victims of domestic violence, addressing their safety, financial stability, and well-being. Key reliefs include:

Protection Orders (Section 18): These orders are aimed at ensuring the safety of the victim. A magistrate can issue a protection order prohibiting the abuser from committing further acts of violence, contacting the victim, or entering her place of employment or residence. The respondent can also be prohibited from alienating joint property or causing harm to dependents or others assisting the victim.

Residence Orders (Section 19): The Act recognizes the victim's right to reside in the shared household, preventing the respondent from dispossessing her or disturbing her possession. In cases where continued cohabitation with the respondent is unsafe, the court can order the respondent to vacate the household or provide alternative accommodation for the victim.

Monetary Relief (Section 20): Financial independence is critical for victims of domestic violence, especially those who may be economically dependent on the abuser. The court can order the respondent to provide monetary relief to cover expenses related to loss of earnings, medical treatment, or damage to property. This includes compensation for emotional distress, allowing victims to regain stability.

Custody Orders (Section 21): In cases where children are involved, the magistrate can grant temporary custody to the aggrieved person, ensuring that their welfare is protected. Visitation rights for the respondent can be restricted if deemed harmful to the children.

Breach of Protection Orders (Section 31): Section 31 of the Act addresses the consequences of breaching protection orders. A breach is treated as a cognizable and non-bailable offence, punishable with up to one year of imprisonment or a fine of Rs. 20,000, or both. The aggrieved person can report the breach to the Protection Officer, who will forward it to the Magistrate or police for further action.

Protection Officers

Protection Officers are pivotal in ensuring that victims of domestic violence receive timely relief and support. Their appointment and duties are outlined under Sections 2(n), 4, 8, and 9 of the PWDVA, as well as the Protection of Women from Domestic Violence Rules, 2006.

a) Appointment and Role of Protection Officers (Section 8)

Protection Officers are appointed by the State Government. Their primary function is to assist the Magistrate and the victim in the discharge of responsibilities under the Act.

b) Duties of Protection Officers (Section 9 & Rule 8)

The Protection Officer’s responsibilities include:

Filing Domestic Incident Reports (DIRs): On receiving a complaint, the Protection Officer prepares a DIR (Form I) and submits it to the Magistrate.

Legal assistance: They help the victim access legal aid, file applications for protection orders, and assist in ensuring the implementation of orders for monetary relief.

Shelter and medical aid: Protection Officers ensure that the aggrieved person has access to a shelter home and medical facilities.

Coordinating with service providers: Protection Officers liaise with service providers, such as shelters, counselors, and legal aid services, to offer support to the victim.

Domestic Incident Reports (DIRs)

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) introduces a crucial document known as the Domestic Incident Report (DIR). Section 2(e) of the Act defines a DIR as "a report made in the prescribed form on the receipt of a complaint of domestic violence from an aggrieved person." This prescribed form, detailed in Form I of the Protection of Women from Domestic Violence Rules (PWDVR), provides a clear and convenient format for recording incidents of domestic violence.

A DIR serves a function similar to that of a First Information Report (FIR) in criminal law, acting as a public record of a complaint. Protection Officers (POs) are mandated to record a DIR upon receiving a domestic violence complaint. The process of recording a DIR is designed to be accessible and supportive of the aggrieved person. In cases where the complainant is illiterate or otherwise incapacitated, the PO must assist in filling out the DIR, explain its contents, and obtain the person's signature or thumb impression. The PO is required to provide a free copy of the original DIR to the aggrieved person in all cases.

For individuals capable of filling out the DIR independently, POs are advised to offer guidance on its content and proper information recording. It's important to note that a DIR is intended to be an accurate record of the complaint, not an investigative report. While POs aren't required to conduct inquiries when recording a DIR, they must ensure that it is completed meticulously and accompanied by all relevant supporting documents.

The recording of a DIR does not automatically initiate judicial or investigative processes. It serves primarily as a public record of a domestic violence complaint. Judicial proceedings only commence if the aggrieved person chooses to pursue them by filing an application under Section 12 of the PWDVA in court. The DIR must be attached to any such application.

Even if no application is filed, POs are obligated to forward all recorded DIRs to the Magistrate with jurisdiction over the area where the alleged domestic violence occurred. Magistrates are required to consider all DIRs received from a PO before issuing any orders under the PWDVA. This consideration may include not only the DIR filed with an application but also any DIRs forwarded by the PO on previous occasions. As a public record, the DIR serves as valuable evidence of past incidents of domestic violence.

It's worth noting that an aggrieved person has the option to approach the court directly with an application under Section 12, without a DIR. In such cases, the Magistrate may instruct the PO to record and file a DIR if the application lacks sufficient details or if no DIR has been previously recorded and forwarded. However, in some instances, the Magistrate may proceed with the case without a DIR if deemed unnecessary.

The PWDVA also empowers registered Service Providers (SPs) and notified medical facilities to receive domestic violence complaints and record DIRs. In these cases, both SPs and medical facilities must forward a copy of the DIR to the PO.

A DIR should be recorded whenever an aggrieved person approaches a PO with a domestic violence complaint, regardless of whether they intend to file a PWDVA application. Furthermore, an aggrieved person has the right to record separate DIRs for each distinct incident of domestic violence if they choose to do so.

This comprehensive approach to documenting domestic violence incidents through DIRs aims to create a robust system of record-keeping, ensuring that all complaints are properly documented and considered in any subsequent legal proceedings. By providing multiple avenues for recording DIRs and making the process accessible to all, the PWDVA seeks to empower victims of domestic violence and facilitate their access to justice.

Criminal Provisions Complementing Domestic Violence Laws

Apart from the PWDVA, the Indian Penal Code contains several provisions aimed at preventing domestic violence and providing justice for victims:

Section 498A (Cruelty by Husband or Relatives): This section criminalizes cruelty towards women in marital relationships, particularly those related to dowry demands or actions that endanger the victim’s life or health. The husband or relative of the husband subjecting a woman to cruelty can be punished with imprisonment up to three years and a fine. Cruelty is defined as: a) Willful conduct likely to drive the woman to suicide or cause grave injury or danger to her life, limb, or health (mental or physical) b) Harassment related to demands for dowry or property.

Section 304B (Dowry Death): This section presumes the guilt of the husband or his relatives in cases where a woman dies under suspicious circumstances within seven years of marriage following dowry-related harassment. When a woman dies from burns, bodily injury, or under unnatural circumstances within seven years of marriage, and there's evidence of cruelty or harassment related to dowry demands shortly before her death, it's considered a "dowry death." The husband or relative is deemed to have caused her death. The punishment is imprisonment for a minimum of seven years, which may extend to life imprisonment.

Section 113A of the Indian Evidence Act: This provision establishes a presumption of abetment of suicide if a woman commits suicide within seven years of marriage and has been subjected to cruelty by her husband or in-laws. This presumption places a burden on the accused to prove their innocence, providing additional protection to the victim.

Criminal provisions within Indian law significantly complement domestic violence legislation by providing legal remedies for various forms of abuse, neglect, and violence within familial relationships. These provisions are integral in ensuring justice for victims of domestic violence, particularly women, by offering both civil and criminal recourse. Below is a detailed discussion of how different provisions from the Code of Criminal Procedure, Indian Penal Code, and the Indian Evidence Act align with domestic violence laws to ensure comprehensive protection and enforcement.

Maintenance (Section 125 of the CrPC)

Under Section 125 of the CrPC, the law addresses the economic neglect of wives, children, and parents by providing them with a legal avenue to seek maintenance. This provision is crucial in cases where domestic violence victims, particularly women, face economic deprivation after leaving their abusive households or while still living in a shared household. Section 125(1) allows a Magistrate of the first class to order a person who has sufficient means but neglects or refuses to maintain his wife, children, or parents to provide financial support. This provision includes legitimate or illegitimate minor children and adult children who, due to physical or mental disabilities, are unable to support themselves. Notably, the law also extends to the maintenance of aged parents who are unable to maintain themselves.

A significant aspect of this provision is that it allows for interim maintenance while proceedings are ongoing, ensuring that the victim is not left destitute during lengthy court procedures. The maintenance provided under this section is not solely confined to final orders but can be granted as interim relief, ensuring timely assistance. Furthermore, the section also allows for expedited disposal of maintenance applications, mandating that these applications be addressed within 60 days of receiving notice.

This maintenance provision serves as a complementary remedy to the monetary reliefs granted under the Protection of Women from Domestic Violence Act, 2005. While the DV Act provides for economic relief specifically in cases of domestic violence, Section 125 CrPC serves a broader purpose, addressing general neglect within familial relationships. Both frameworks work in tandem to ensure that women and children who are victims of neglect or abuse receive the necessary financial support to maintain themselves.

Appearance in official databases  

National Commission for Women           

The National Commission for Women on its official website receives complaints for various crimes committed against women. The statistics relating to the complaints received by the National Commission for women are also available on the website. This includes various types of crimes including cases filed under the Protection of Women against Domestic Violence Act.

The NCW website provides a statistical overview of all the complaints received by the NCW in the year 2023-24. The data is available for both statewise and according to the nature of the case. Available at https://ncwapps.nic.in/frmComp_Stat_Overview.aspx

National Crime Records Bureau

Another body which provides extensive data related to the case filed under the Protection of Women against Domestic Violence Act is the National Crime Records Bureau. The NCRB publishes a yearly publication called Crime in India. One of the issues covered are the cases under the Protection of Women against Domestic Violence Act. The publication studies various data points relating to domestic violence ranging from the number of cases being investigated to the number of cases being reported to the police and cases pending before the various courts.

The NCRB report for 2022 contains Table 3A.7 which collates data related to the court disposal of crime against women under various statutes. The Table can be referenced at page number 246 of the report which is available at https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf

The NCRB report for 2022 contains Table 3A.7 which collates data related to the court disposal of crime against women under various statutes. The Table can be referenced at page number 246 of the report which is available at https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf

The NCRB report for 2022 contains Table 3A.7 which collates data related to the court disposal of crime against women under various statutes. The Table can be referenced at page number 246 of the report which is available at https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf

The NCRB report for 2022 contains Table 3A.7 which collates data related to the court disposal of crime against women under various statutes. The Table can be referenced at page number 246 of the report which is available at https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf

The NCRB report for 2022 contains Table 3A.5 which collates data related to the police disposal of crime against women under various statutes. The Table can be referenced at page number 234 of the report which is available at https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf

The NCRB report for 2022 contains Table 3A.5 which collates data related to the police disposal of crime against women under various statutes. The Table can be referenced at page number 234 of the report which is available at https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf

The NCRB report for 2022 contains Table 3A.5 which collates data related to the police disposal of crime against women under various statutes. The Table can be referenced at page number 234 of the report which is available at https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf

The NCRB report for 2022 contains Table 3A.5 which collates data related to the police disposal of crime against women under various statutes. The Table can be referenced at page number 234 of the report which is available at https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf

2019-21 India National Family Health Survey

Chapter 15 of the National Family Health Survey (NFHS) focuses on domestic violence, providing a detailed analysis of its prevalence and impact on women in India. It covers key areas such as the measurement of violence, women’s experiences of physical and sexual violence, and identifies the perpetrators of these acts. The chapter examines various forms of violence, including spousal violence, detailing both the physical and emotional abuse women face. It also explores marital control by husbands and the injuries women suffer due to spousal violence. Additionally, it acknowledges violence initiated by women against husbands, offering a broader view of domestic violence dynamics. The survey also looks into help-seeking behaviors among women, investigating how many seek support and where they turn for help, including both informal sources (family, friends) and formal institutions (police, NGOs).

Table 15.10 from the National Family Health Survey depicts the percentage of married women who have experienced any type of violence by their partner or husband in the past 12 months in India. Available at https://www.dhsprogram.com/pubs/pdf/FR375/FR375.pdf

Table 15.9 from the National Family Health Survey depicts the various forms of spousal abuse experienced by women who have been married, in the 12 months before the survey in India. Available at https://www.dhsprogram.com/pubs/pdf/FR375/FR375.pdf

Research that engages with domestic violence

Research on domestic violence in India has garnered significant attention, with several research centers and organizations dedicating their efforts to exploring its prevalence, causes, risk factors, and intervention strategies. Various projects are also focused on assessing the effectiveness of legal frameworks, especially the Protection of Women from Domestic Violence Act, 2005 (PWDV Act), in combating this issue. The following are key research centers and their notable contributions to understanding domestic violence in India.

Association for Advocacy and Legal Initiatives Trust (AALI)

AALI has made notable strides in studying the implementation and efficacy of the PWDV Act, with a particular focus on the states of Uttar Pradesh and Jharkhand. One of their major research undertakings is the "Status Report Protection of Women from Domestic Violence Act 2005 (UP)," which presents case studies of women who have exercised their right to choose relationships. Their report, "Securing Justice: Status of Implementation of the Protection of Women from Domestic Violence Act, 2005 in Uttar Pradesh (Years 2015 to 2019)," provides a detailed analysis of the law’s enforcement in Uttar Pradesh, shedding light on the effectiveness of the Act in providing protection to women. Another important work is "Realizing Rights: Status of Implementation of the Protection of Women from Domestic Violence Act, 2005 in Jharkhand (Years 2015 to 2019)," which examines the challenges and barriers faced in the implementation of the Act in Jharkhand. AALI's research delves into the lived experiences of women survivors and highlights the systemic gaps that prevent effective access to justice, offering practical recommendations to strengthen the Act’s enforcement and the overall protection of women’s rights.

CLAP – Legal Service Institute

In collaboration with Oxfam India, CLAP- Legal Service Institute conducted an in-depth study titled "A Study On Status Of Implementation Of Protection Of Women From Domestic Violence Act, 2005 In Odisha." This research was aimed at unraveling the realities faced by women who are victims of domestic violence in Odisha. It focuses on understanding the on-ground functioning of various institutions established under the PWDV Act, such as Protection Officers, Magistrates, Lawyers, NGOs, Service Providers, Police, and Shelter Homes. By including the perspectives of key stakeholders, as well as the aggrieved women themselves, the study provides a comprehensive view of the practical challenges and gaps in service delivery and law enforcement at the field level.

International Center for Research on Women (ICRW)

The ICRW has conducted extensive studies on domestic violence, particularly through a three-year research program in collaboration with Indian academic institutions and non-governmental organizations. This program included a household study conducted in rural Gujarat, which explored trends of domestic violence, as well as intervention studies that documented the responses to this issue. ICRW's research plays a pivotal role in understanding the broader social and cultural factors influencing domestic violence in India, while also assessing the effectiveness of various interventions aimed at addressing these problems.

National Institute of Health and Family Welfare, New Delhi

The National Institute of Health and Family Welfare has carried out multicentric studies across 18 states in India. These studies were designed to evaluate the prevalence of domestic violence and identify the socioeconomic risk factors that contribute to it. By analyzing data from diverse regions, the research highlights how economic and social disparities play a key role in perpetuating domestic violence, and it offers a data-driven approach to understanding the factors leading to domestic abuse.

ActionAid Association India

ActionAid has been instrumental in addressing domestic violence by establishing 22 one-stop crisis centers in collaboration with the government, particularly in states such as Madhya Pradesh and Uttar Pradesh. These centers offer essential services such as legal aid, counseling, and shelter to women experiencing domestic violence. By providing an integrated support system for victims, ActionAid has helped create a safety net that addresses the immediate and long-term needs of survivors. The organization’s work at the grassroots level has made a tangible impact on the lives of many women by ensuring they have access to timely legal and emotional support.

Majlis Law, Mumbai

Majlis Law, based in Mumbai, has played a significant role in providing legal and social support to women who are victims of domestic and sexual violence. The organization focuses on offering legal assistance throughout the investigation and trial phases, ensuring that women receive adequate representation and support. Majlis has also contributed to the creation of the Maharashtra State Handbook on Domestic Violence, which serves as a crucial guide for legal practitioners and social workers handling domestic violence cases. Their work highlights the importance of legal advocacy in protecting women’s rights and ensuring that the judicial system is more responsive to their needs.

International Clinical Epidemiologists Network (INCLEN)

INCLEN has conducted a large-scale, multi-site population-based survey in cities such as Lucknow, Bhopal, and Delhi to examine the magnitude of domestic violence. This study focused on identifying risk factors and health outcomes associated with domestic violence, while also addressing ethical and safety concerns in survey methodologies. INCLEN’s research contributes to the understanding of domestic violence as a public health issue and highlights the need for policies that address both the legal and health-related consequences of domestic abuse.

Lawyers Collective Women’s Rights Initiative (LCWRI)

The Lawyers Collective Women’s Rights Initiative has published a comprehensive manual titled "Ending Domestic Violence Through Non-Violence: A Manual for PWDVA Protection Officers." This manual aims to equip Protection Officers with the necessary tools and knowledge to effectively carry out their duties under the PWDV Act. Designed for a non-legal audience, it simplifies the procedures and processes under the Act, making it easier for Protection Officers and other stakeholders to navigate the legal system. LCWRI's efforts in creating user-friendly resources have significantly improved the capacity of Protection Officers to deliver services effectively and in a timely manner.

Domestic Violence and the Law: A Study of Complaints under the Protection of Women From Domestic Violence Act, 2005 in Maharashtra, India.

This research article presents an in-depth analysis of court records from two sites in Maharashtra, supplemented by interviews with key stakeholders, to evaluate the implementation of the PWDV Act in the state. The study’s findings shed light on how domestic violence complaints are processed within the judicial system and reveal significant insights into the effectiveness of the Act. By combining quantitative data from court records with qualitative interviews, the study provides a comprehensive understanding of the challenges and successes in enforcing domestic violence laws in Maharashtra.

This body of research reflects the ongoing efforts of various organizations and research centers to address domestic violence in India. Through detailed studies and intervention programs, these organizations contribute to a deeper understanding of the issue and provide actionable insights for improving the legal, social, and health frameworks designed to protect victims of domestic violence.

Data Challenges

In India, several data-related challenges impede effective intervention and policy-making in domestic violence cases. A significant issue is underreporting, as many victims refrain from reporting incidents due to societal stigma, fear of retaliation, or concerns about family reputation. This underreporting creates a discrepancy between the actual prevalence of domestic violence and the cases that are officially recorded. Additionally, the National Crime Records Bureau (NCRB) primarily provides heavily tabulated data, which limits the ability to explore patterns in domestic violence and hinders the formulation of targeted interventions.

The exclusion of certain demographics from surveys, such as girls married before the age of 18, further complicates the situation, potentially concealing rates of domestic violence among young brides and complicating efforts to address related abuses. Cultural norms that often tolerate domestic violence pose another barrier, as they discourage victims from coming forward due to fears of losing children, economic dependency, or societal pressure to uphold family honor. Victims also face practical barriers to disclosing abuse, such as a lack of privacy during medical consultations and the fear of retaliation from partners.

Legal and institutional challenges exacerbate these issues. While laws like the Protection of Women from Domestic Violence Act exist, their inconsistent enforcement limits their effectiveness. Victims often lack awareness of their legal rights, and law enforcement agencies may be inadequately trained to handle domestic violence cases. Additionally, the slow pace of legal proceedings and insufficient response from protection officers and advocates can dissuade victims from pursuing legal remedies. Inconsistent data collection methods further obscure the true extent of domestic violence, particularly with changes in survey methodologies and the exclusion of certain age groups. Existing data often emphasizes victims over perpetrators, limiting the understanding of root causes and the characteristics of offenders. Addressing these challenges necessitates improvements in data collection methods, legal frameworks, and societal attitudes toward reporting domestic violence.

Way Ahead

To overcome the challenges associated with domestic violence data in India, stakeholders have proposed several key recommendations. A critical step is the development of culturally tailored and validated survey instruments designed to ensure consistent data collection across diverse regions and populations. This approach aims to reduce variance in domestic violence prevalence estimates and enhance the reliability of the data. Additionally, establishing standardized definitions and categories for domestic violence is essential for ensuring uniformity in data reporting and analysis, facilitating better comparisons across various studies.

Future improvements in data collection must include enhanced frameworks for the National Crime Records Bureau (NCRB) to address its limitations in underreporting and its narrow focus on data utility for intervention planning. Expanding the range of information collected on domestic violence cases is necessary. Moreover, data collection efforts should incorporate underrepresented groups, such as women over the age of 50, those in live-in and same-sex relationships, and women from tribal villages or northern regions of India. This inclusivity would yield a more comprehensive understanding of domestic violence across different demographics. There is also a pressing need for more qualitative and longitudinal studies that explore the correlates of domestic violence, which can inform effective prevention strategies.

Enabling systemic analysis is equally important. Making individual-level data publicly accessible while ensuring confidentiality would empower researchers and policymakers to conduct in-depth analyses, thereby informing more effective policy actions. Integrating domestic violence data with health and social services information can provide insights into the broader impacts of domestic violence, allowing for the design of comprehensive intervention strategies. Furthermore, shifting the focus from victims to perpetrators—by analyzing the characteristics of those committing intimate partner violence—can lead to targeted interventions that prevent domestic violence. These recommendations collectively aim to foster a more effective and comprehensive approach to tackling domestic violence in India through improved data practices..