Feminist Approaches to Domestic Violence Laws: Progress and Gaps

Abstract:

The feminist approaches to domestic abuse laws are thoroughly examined in this study, which also identifies ongoing legal framework inadequacies and critically assesses the progress that has been accomplished. The article examines significant turning points and the revolutionary influence of feminist movements as it follows the development of domestic abuse laws throughout history through the prism of feminist activism. It addresses the particular difficulties experienced by people at the intersections of several identities and explores the integration of intersectionality into legal frameworks. Feminist criticisms of definitional difficulties are provided as the text explains the difficulties in identifying and characterising various types of abuse. Moreover, it negotiates the precarious equilibrium that feminist legal systems require between victim-centric strategies and perpetrator accountability. Additionally, this article addresses economic empowerment as a legal remedy, emphasizing its significance in combating financial abuse within the broader spectrum of domestic violence laws. The article's goal is to advance a comprehensive knowledge of the accomplishments and continuing obstacles in achieving justice for victims of domestic abuse within a feminist legal framework by means of this analysis.

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Understanding the Need & Emergence of Domestic Violence

The development of reactions to domestic abuse demonstrates a transforming path characterised by evolving legislative frameworks, increased awareness, and societal viewpoints. Domestic violence was once considered a private matter, but in the later half of the 20th century, it became a significant public issue and a human rights and public health concern. The feminist movement of the 1960s and 1970s was crucial in bringing domestic abuse into the public eye and tenaciously pushing for recognition as a serious social issue. The 1970s and 1980s saw the beginning of legal reforms addressing domestic abuse, including the construction of shelters and the adoption of laws offering protective measures and support services for survivors. The ensuing decades saw a substantial reworking of the legal system.

Domestic abuse in the modern world is strongly rooted in the principles of fundamental human rights. Global legal systems, guided by international accords, prioritise everyone's right to live without fear of violence, regardless of their gender, age, or other characteristics. In order to reduce the strain on healthcare systems and improve general well-being, it is imperative to address the significant public health effects of domestic abuse on survivors. Initiatives that challenge the unequal power dynamics inherent in patriarchal norms and advance gender equality are closely tied to efforts in reducing domestic violence. It is imperative to address the well-being of children who have been exposed to domestic violence, as this requires interventions to guarantee their safety and long-term welfare. Domestic violence has serious social and economic repercussions in addition to the personal cost it causes. These include decreased productivity, rising medical costs, and the continuation of poverty cycles. Consequently, ending domestic abuse benefits to both the welfare of the individual and the larger society. Legislation, such as the Protection of Women from Domestic Violence Act in India, serves as an important example of legal protection; yet, continuous obstacles highlight the necessity for continued implementation and enforcement efforts. The fight against domestic abuse requires cultural changes that emphasise community support and a shift in norms. Public awareness campaigns and educational initiatives are essential in influencing public opinion and promoting group action. Ultimately, combating domestic abuse demands a team effort that includes legislative actions, social assistance, training, and cultural change—all of which are critical to achieving the continuous goal of building safer and more just societies.

In field of domestic violence law, the case of "Hiral P. Harsora v. Kusum Narottamdas Harsora" is noteworthy. In 2009, Bombay High Court ruled that victims could request protection for incidents that occurred before Domestic Violence Act, as the act could be implemented retroactively. This ruling established a significant precedent and widened the Act's purview.

Beating Financial Abuse 

The idea that granting women greater financial authority is a potent means of addressing financial abuse in partnerships is examined. The frequently overlooked problem of financial abuse in domestic abuse cases is the focus of this article, which examines how assisting survivors in becoming financially independent is a crucial legal tactic. It demonstrates the synergistic benefits of granting women economic power with feminist legal strategies. The importance of women having their own finances is discussed in the article as a means of preventing and addressing domestic abuse. In order to interrupt the cycle of control and ensure that survivors can take care of themselves, it states that legal plans should support women in becoming financially independent in addition to providing physical protection. Law can promote women's autonomy and wellbeing in this way.

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Challenges faced 

"Unpacking Feminist Perspectives" explores the nuances of understanding domestic abuse from a feminist perspective, emphasising the complexity that defies simple categorization. In light of many types of compulsion and control, the article highlights the necessity for a comprehensive view of abuse. The book "A Feminist Balance in Domestic Violence" simultaneously analyses the delicate relationship between victim-centred judicial systems and offenders' accountability in domestic abuse situations. The paper examines how legal systems are set up to empower victims while maintaining due process rights for the accused, navigating this precarious balancing. Through their support of an all-encompassing, feminist-informed viewpoint that tackles the various forms of abuse, provides justice for survivors, and upholds fairness and accountability in the context of domestic violence, both pieces advance the refinement of legal procedures.

Public Reaction on Feminist Approach on Domestic Violence 

Through the transformational lens of the Domestic abuse Act, feminist approaches have significantly changed public attitudes of domestic abuse. By questioning established practices, these initiatives promote empathy and a better comprehension of the complexity surrounding intimate partner abuse. Influenced by feminist perspectives, the Act represents public recognition of the seriousness of domestic violence in addition to providing legal remedies. Feminist awareness initiatives seek to debunk stereotypes, combat victimisation, and advance accountability. Even with advancements, persistent attitudes present obstacles that require ongoing lobbying. Feminist discourse cultivates societal accountability and legal empowerment for survivors, resulting in a community that is better informed and empathetic.

Current Status of Domestic Violence 

In India, domestic violence is a serious concern. The nation has attempted to address this issue through legislation, most notably the 2005 enactment of the Protection of Women from Domestic Violence Act (PWDVA). This law recognises a range of abuse types, including verbal, physical, sexual, emotional, and financial abuse, and it offers safeguards such as protection orders and the designation of protection officers. The uniform application of the act throughout states is still fraught with difficulties, nevertheless, with certain areas experiencing problems like the non-appointment of protection officers. Furthermore, the legislation does not completely take into consideration the intricacies of LGBTQ+ partnerships and does not explicitly include male victims. To truly end domestic abuse in the Indian context, sustained efforts are needed to guarantee the efficient application of current laws, increase public awareness, and modify legislative frameworks to be more inclusive.

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References:

• Nichols, A. J. (2011, February 22). Gendered Organizations: Challenges for Domestic Violence Victim Advocates and Feminist Advocacy. Feminist Criminology, 6(2), 111–131. https://doi.org/10.1177/1557085111398117

• Driver, J. L., & Gottman, J. M. (2004). Daily marital interactions and positive affect during marital conflict among newlywed couples. Family Process, 43(3), 301-314. doi:10.1111/j.1545-5300.2004.00024.x 

• Htun, M., & Jensenius, F. R. (2020). Fighting violence against women: Laws, norms & challenges ahead. Daedalus, 149(1), 144–159. https://doi.org/10.1162/daed_a_01779

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*This article is authored by Yashi Srivastava, Student of Symbiosis Law School, Noida and reviewed by Vrinda, Student of Symbiosis Law School, Noida.