Author(s): V. Kathirsha
Paper Details: Volume 3, Issue 4
Citation: IJLSSS 3(4) 58
Page No: 789 – 802
ABSTRACT
Intimate partner violence (IPV), often referred to as domestic violence or domestic abuse, is a kind of abuse that takes place in an intimate relationship between spouses or former partners. Intimate partner violence is a serious public health issue where many people hesitate to speak out. It includes maltreatment or misuse of the co-partner, intentional fights, domination among the weaker, and more. It prevails in almost all socioeconomic, religious, and cultural groups, and women bear a disproportionate amount of the burden of IPV worldwide. Around 736 million women globally, or one in three, may, at some stage in their lives, be victimised by physical or sexual abuse by an intimate partner. The starting stage of intimate partner violence (IPV) is an emotional abuse in which the abuser seeks to gradually dominate the victim’s time and resources. So intimate partner violence significantly affects overall health. This study focuses on the health consequences of intimate partner violence and legislative measures relating to intimate partner violence in India.
1. BACKGROUND
Intimate partner violence refers to an injury caused by an intimate partner. An intimate partner is a person with whom a person has an intimate or romantic relationship; it can be a spouse, former or dating partner. This form of violence occurs in intimate relationships and involves domestic violence or abuse of the partner. Although intimate partner violence prevails in both genders, Women are mostly affected in the case of IPV. Child marriage is one of the prominent reasons for intimate partner violence among women, as they enter into an intimate relationship at a very young age. And it has emerged as a serious human rights issue as well as a public health concern globally. This paper focuses on the major health issues of IPV and its legal measures in India.
2. INTRODUCTION
Violence against women is a significant public health issue and a violation of human rights and gender equality globally. Intimate partner violence, the most prevalent form of violence among women, includes physical aggression, sexual coercion, psychological abuse, and controlling behaviour. Thus, it also refers to a form of domestic violence or abuse. [1]In India, 27.5% of women reported physical abuse by their husbands, 13% reported sexual abuse, and 7% reported emotional abuse. And women who had suffered from IPV were more hesitant to speak out about this violence as they carried many bags in their minds, like what society would say about them, the life of their child, etc. Only around 22.4 percent had told someone about the abuse, and 13.5% had sought help. But less than 1% reported the offense to the police. Because of a lack of awareness and support, many women’s lives are suffocating.
3. DEFINITION
[2]WHO “Attitudes which ends up in physical, sexual, or psychological harm in an intimate relationship is referred to as “intimate partner violence.” This includes controlling, forceful, and physically violent conduct. This concept includes abuse by partners and spouses, past as well as current.”
TYPES OF INTIMATE PARTNER VIOLENCE[3]
- Coercive controlling violence
This term is used to describe the form of IPV that is most referred by the term domestic abuse is violence is handed by a man against his wife. In order to her. It follows a pattern emotionally abusive intimidation, coercion, and control coupled with physical violence. (Kelly &Johnson 2008). on the cultural side it was also seen as a patriarchal terrorism.
- Physical violence
A physical or external violence used intentionally to cause harm or injury. Which includes pushing, throwing, choking, use of weapon and using one’s body strength to harm the other. Based on the research of[4] (Heise & Garcia-Moreno, 2002) physical violence frequently happened with psychological abuse and in one third to one half by sexual abuse. Women experienced more physical assaults in the hands of their intimate partner than men.
- Sexual violence
It means a coercive act of sex without their partner’s consent. Which includes rape, forcing someone to have sex with another, and giving verbal pressure. Sexual abuse often happens under controlling behaviours. As per the WHO survey of more than 24,000 women in ten countries, the percentage of women experiencing controlling behaviour ranged from 20 percent in Japan to 90 percent in Tanzania.[5]
World Health Organization (2005). WHO multi-country study on women’s health and domestic violence against women: Initial results on prevalence, health outcomes and women’s responses. Geneva: World Health Organization.
Debilitate the person self-confidence frequently. And it also kind of dominance showing their strength and influencing the other. It includes isolating them from their friends and families and trying to prevent from going to work and also preventing them doing enjoining activities. Trying to feel them inferior and make them feel they were always to be a dependent.[6]
- Psychological abuse
It is from of abuse which involves both physical and emotional abuse. In the case IPV women were the major victim. Tricky mind games were played on and started to influence them and hurt them. It also includes frustrating the individual, manipulating them, or initiating hazards against them or their loved ones.
- Financial abuse
One of the main reasons many of the women are still tolerating and leading an abusive life is because they are financially dependent—not all, but the majority. Financial abuse includes withholding access to money and tracking the person’s spending. And preventing them from standing independently, not allowing them to do work, and stopping them from knowing what the real world is like.
3 CAUSES OF INTIMATE PARTNER VIOLENCE
- cultural factors
For a long period, Indian culture followed a patriarchal model of society. Which grants ownership status to men and allows them to beat or hurt women. Practically, women were considered property, and her marriage seemed like a thing of status. Which imposes many restrictions on them and creates a fear of speaking about their issues in intimate relationships. Because they were brought up in such a way from their childhood.
- Social factors
The prejudicial thought of a society forces many people not to open up about many major public issues. Especially for women, many victims of IPV or domestic abuse are blamed for being abused. And start criticising her behaviour and starting to isolate her from society; even her family members judge her. Furthermore, women’s voices continue to be underrepresented in the media, politics, and other positions of power.
- Economic factors
Lower financial status is always linked to a higher risk of intimate partner violence. Their poverty pushes them to lead such an uncomfortable life. As the majority of women become dependent and have the fear of facing society alone.[7]
4. SINGS OF INTIMATE PARTNER VIOLENCE
IPV doesn’t start at the beginning of the relationship. At the beginning, it was very smooth and joyful. When days go by, and the abuse starts. In the majority of the cases, women were the victims of intimate partner violence. And it can be identified by some visible violence, like:
(i)Being anxious or naturally perturbed.
(ii) Showing sudden changes in behaviour.
(iii) changing, becoming isolated, and retreating into themselves.
(iv) Having an overwhelming concern for their partner’s approval.
(v) Bruising, bloodstains, ripped clothing, or bleeding near the vaginal area.
(vi) She always seems nervous and scared.
(vii) Avoid social gatherings.
(viii) Change in their confident level, feeling very low, and feeling fear to speak out.
(ix) It seems to have injuries near the eyes: brushes, cuts, and broken teeth. And saying contrary reasons for such injuries.
(x) It seems sick always.
(xi) Using drugs and alcohol to cope.
5. INTIMATE PARTNER VIOLENCE OF WOMEN IN INDIA
Intimate partner violence is one of the most significant public health issues in India. According to the Journal of Epidemiology and Community Health published, one in three women in India suffers from IPV in the form of physical, emotional, or sexual nature. But still, one in ten has spoken out against it and sought help from police and health professionals. It is improbable for India to meet Sustainable Development Goal 5, which concentrates on gender equality and the eradication of gender inequality and all forms of violence against women in India by 2030, according to researchers. And according to the recent survey conducted by the National Family Health Survey-5, 29.3% of married women aged between 18 and 49 years have experienced spousal violence at least once in their lives. The report on IPV was very bad in India and 30 other countries, as per the survey of NFH 2022. Up to 60 percent have experienced domestic violence worldwide. During the COVID-19 pandemic, the attachment of individuals to their families and friends was reduced, job losses, psychological stress, and other factors were increased, and the cases of IPV increased. During the time of the national-wide lockdown, violence against women has increased twofold more than usual, as per the report of the National Commission for Women Statistics. The study conducted in Delhi shows that 30.6 percent of women reported IPV, and 43.2 percent of children’s mental health was directly or indirectly affected by exposure to this type of domestic violence. The NFHS survey report for 2020–2021 shows that 29.3 percent of married women aged 18–49 experienced IPV, and 3.1 percent were affected by physical violence during pregnancy. The main risk factors for IPV are young age, illiteracy, use of alcohol, smoking, and drugs, personality disorders, and a short-tempered personality. In order to reduce the risk of IPV Stronger empowerment of women’s rights related to divorce, dowry, and child support must be made. The above statistics show the level of IPV in each state in India.
6. HEALTH CONSEQUENCES OF INTIMATE PARTNER VIOLENCE
1. INJURY AND PHYSICALLY HEALTH
The physical injuries resulting from IPV includes bruises and welts; lacerations and abrasions; abdominal or thoracic injuries; fractures and broken bones or teeth; sight and hearing damage; head injury , strangulation attempts , neck and back injuries. In addition to these injuries the most common are ailments that often have no identifiable medical cause and difficult to diagnose. They are called as functional distress . Which includes irritable bowel syndrome/ gastrointestinal symptoms, fibromyalgia, various chronic pain syndromes and exacerbation of asthma . In WHO multi county study the physical injury of a woman because of his intimate partner ranged from 19% in Ethiopia to 55% in Peru.
2 . MENTAL HEALTH AND SUICIDE
Proof shows that women who are abused by their intimate partner face higher levels of depression, anxiety, and phobia than non-abused women. As per the WHO report, thoughts of suicide and emotional distress were high when compared to non-abused women who underwent sexual or physical violence by their intimate partner. In addition, IPV is linked to
(i)self-harm.
(ii)Unsafe sexual behaviour.
(iii)Poor self-esteem.
(iv)Post-traumatic stress disorder.
(v)Smoking .
(iv)Physical inactivity.
(V)Alcohol and drug use.
3 . SEXUAL AND REPRODUCTIVE HEALTH
IPV also affects the sexual health of women and has a host of negative sexual and reproductive health consequences. Which include unintended and unwanted pregnancy, abortion and unsafe abortion, sexually transmitted infections including HIV, pregnancy complications, pelvic inflammatory disease, urinary tract infections, vaginal bleeding or infection, fibroids, decreased sexual desire, genital irritation, pain on intercourse, chronic pelvic pain, and urinary-tract infections.
7. LEGAL PROVISIONS
1. Protection of Women from Domestic Violence Act, 2005: This act provides a comprehensive definition of domestic violence and grants women the right to protection, residence, and maintenance. It also establishes protection officers and courts to handle cases The Protection of Women from Domestic Violence Act, 2005, which covers sexual violence as a form of domestic violence efficiently.[9]
2. The BHARATIYA NYAYA SANHITA, 2023: The IPC criminalises various forms of violence, including physical assault, sexual abuse, and emotional harassment. Sections 85 (dowry harassment) and 80 (dowry death) specifically address violence against married women.
3. Sexual harassment by an intimate partner :It is not explicitly defined as a crime in India. Sexual harassment by an intimate partner is a form of violence that involves unwanted sexual acts, coercion, or humiliation by someone who is or was in a relationship with the victim. It is a way of exerting power and control over the partner and violating their human rights. The Protection of Women from Domestic Violence Act, 2005, which covers sexual violence as a form of domestic violence.[10]
8. CASE LAWS
1. LALITA TOPPO VS. STATE OF JHARKHAND & ANR
In2013 the Supreme Court made a significant ruling on the provisions of the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act). The Court clarified that even if a woman is not legally married, she can still claim maintenance under this Act. This means that a woman who does not have a traditional marriage can also receive maintenance under Section 125 of the Code of Criminal Procedure. The Court further elaborated on Section 3(a) of the Domestic Violence Act, which defines “domestic violence,” stating that it includes “economic abuse” as well. In other words, the Act recognises economic abuse as a form of domestic violence, which means that a victim, whether it’s an estranged wife or a live-in partner, is entitled to more relief under this Act than what is offered under other laws.[11]
2 . HEM CHAND V. STATE OF HARYANA 1994
The husband killed his wife by burning her because she did not bring enough money from her parents[12]
9. SUGGESTIONS
1. STRENGTHS AND LIMITATIONS OF THE LEGAL FRAMEWORK:
While the legal framework in India provides a foundation to combat intimate partner violence, it still faces certain limitations of social stigma.
2 . IMPLEMENTATION CHALLENGES
Lack of awareness, inadequate training of law enforcement agencies, and delays in the judicial process often hinder effective implementation of the laws.
3.SOCIAL STIGMA
Societal attitudes, victim-blaming, and the reluctance of victims to report abuse due to fear of social repercussions contribute to underreporting and the perpetuation of violence.
4 .INADEQUATE SUPPORT SERVICES
Limited access to shelters, counselling, and rehabilitation programs for survivors hampers their recovery and reintegration into society.
10. STRENGTHENING AWARENESS AND EDUCATION
Conduct widespread awareness campaigns to educate individuals about the various forms of intimate partner violence, its impact, and available support services. This can help eliminate societal myths and misconceptions surrounding IPV.
1. SENSITISING LAW ENFORCEMENT AGENCIES AND JUDICIAL SYSTEM
Provide specialised training to police officers, prosecutors, and judges to handle domestic violence cases sensitively. Establish fast-track courts for expeditious resolution of IPV cases.
2. ENHANCING SUPPORT SERVICES
Expand the availability of shelters, crisis helplines, and counselling centres across the country. Provide comprehensive rehabilitation programs to help survivors rebuild their lives and gain financial independence.
11. CONCLUSION
Combating intimate partner violence requires a multi-faceted approach that addresses legal, social, and cultural aspects. While India’s legal framework provides a solid foundation, it must be complemented by practical solutions and recommendations. By raising awareness, sensitising stakeholders, and enhancing support services, we can create a society that is free from the scourge of intimate partner violence. Let us work together to protect the rights and dignity of all individuals, regardless of gender, and foster a safer and more inclusive society.
REFERENCE
- Intimate Partner Violence and Mental Health Outcomes: A Systematic Review and Meta-Analysis, Nat’l Ctr. for Biotechnology Info. (2023), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10071919/ (accessed Aug. 16, 2025).
- Intimate Partner Violence, World Health Organization Violence Info (2025), available at https://apps.who.int/violence-info/intimate-partner-violence/ (accessed Aug. 16, 2025).
- 3 Types of Intimate Partner Violence, A Train Education (2025), available at https://www.atrainceu.com/content/3-types-intimate-partner-violence (accessed Aug. 16, 2025).
- Heise, L. & Garcia-Moreno, C., Violence by Intimate Partners, in World Report on Violence and Health 87, 89–91 (E. Krug, L. L. Dahlberg, J. A. Mercy et al. eds., World Health Organization, Geneva, 2002), available at https://www.scirp.org/reference/ReferencesPapers?ReferenceID=629579 (accessed Aug. 16, 2025).
- Hem Chand v. State of Haryana, 1994 AIR 1201, 1994 SCC (2) 727 (India), available at https://indiankanoon.org/doc/539708/ (accessed Aug. 16, 2025).
- Bharatiya Nagarik Suraksha Sanhita, 2023, Act No. 46 of 2023, Bharatiya Nagarik Suraksha Sanhita, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (assented Dec. 25, 2023; commenced July 1, 2024), available at en.wikipedia.org/wiki/Bharatiya_Nagarik_Suraksha_Sanhita (accessed Aug. 16, 2025).
- Protection of Women from Domestic Violence Act, 2005, Act No. 43 of 2005 (assented Sept. 13, 2005; commenced Oct. 26, 2006), available at indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence_act%2C_2005.pdf (accessed Aug. 16, 2025).
[1] Heise, L. & Garcia-Moreno, C., Violence by Intimate Partners, in World Report on Violence and Health (E. Krug, L. L. Dahlberg, J. A. Mercy et al. eds., World Health Organization, Geneva, 2002), cited in SCIRP Reference Database, available at scirp.org/reference/ReferencesPapers?ReferenceID=629579 (accessed Aug. 16, 2025).
[2] World Health Organization, Intimate-Partner Violence, Violence Info (WHO global platform), available at apps.who.int/violence-info/intimate-partner-violence (accessed Aug. 16, 2025).
[3] 3 Types of Intimate Partner Violence, A Train Education, available at www.atrainceu.com/content/3-types-intimate-partner-violence (accessed Aug. 16, 2025).
[4] Heise, L., & Garcia-Moreno, C., Violence by Intimate Partners, in World Report on Violence and Health, ed. E. Krug, L. L. Dahlberg & J. A. Mercy et al., Geneva: World Health Organization (2002), cited in SCIRP reference database, available at scirp.org/reference/ReferencesPapers?ReferenceID=629579 (accessed Aug. 16, 2025).
[5] World Health Organization (2005). WHO multi-country study on women’s health and domestic violence against women: Initial results on prevalence, health outcomes and women’s responses. Geneva: World Health Organization.
[6] Centers for Disease Control and Prevention (CDC). (2017). The National Intimate Partner and Sexual Violence Survey (NISVS): 2015 Data Brief – Updated Release. Atlanta, GA: National Center for Injury Prevention and Control, CDC.
[7] Office for National Statistics (ONS). (2016). Domestic abuse, sexual assault and stalking: Findings from the Crime Survey for England and Wales, year ending March 2016. London: Office for National Statistics.
[8] Kumbha Gopi et al., Intimate Partner Violence in India: Need for Renewed Corollary During COVID-19 Pandemic, J. Family Med. & Primary Care 12(1): 1–3 (Feb. 15, 2023), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10071919/.
[9] https://lddashboard.legislative.gov.in/actsofparliamentfromtheyear/protection-women-domestic-violence-act-2005.
[10] https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf.
[11] Lalita Toppo v. State of Jharkhand & Anr., Criminal Appeal No. 1656 of 2015 (Supreme Court of India, Oct. 30, 2018), AIR 2019 S.C. 796; (2019) 13 SCC 796, available at indiankanoon.org/doc/6354756 .
[12] Hem Chand v. State of Haryana, Appeal (Crl.) No. 690 of 1994 (Supreme Court of India, Oct. 6, 1994), AIR 1995 S.C. 120; 1994 (6) SCC 727, available at indiankanoon.org/doc/998975