Domestic Violence Against Women

Introduction

Domestic violence surprisingly has been synonymous with violence meted out against women and has been globally acknowledged as such a gross infringement of human rights as declared by the United Nations. The crime of domestic violence has been spread all over societies and is mostly influenced by the psychological predominance of the culture of societal structure that had the ability to fit in such a crime time and over again. This act of crime was long identified by the United Nations through many of its conferences held. In 1995, this topic was of great concern as violence against women were increasing at an alarming rate and it needed to be addressed. In fact, the consequences of domestic violence were so crucial that the World Health Organization deemed it to be important and gave the crime a global recognition. It transcended boundary and it seemed the psychological influences were somehow tied and shared by cultures all over the world. In 1993, the discussion around the need to eliminate all kinds of violence that were meted out against people. This was then reflected in the fourth world conference that was held in Beijing (United Nations, 1995). The violence acknowledged by the United Nations and policy makers all over the world did not limit itself to only physical harm but it had also acknowledged the mental impacts of the violence and the more internalized form of violence, deeply affecting the metal health so much so that the victims of such violence carry the trauma for a very long period of time (Lowenstein, 2005). The term domestic violence is extremely wide and cannot be limited to a particular act of abuse but it ranges from trifle abuses that gets predominance and acceptance given the behavioral environment and takes the shape of a continuous form of abuse. Violence in domestic territories often happen as a measure of habit, lack of resistance and on victims that are unable to take steps as soon as the abuse start to happen (Mc Cue, 2008). Well, the reach of domestic violence has been well accepted by the policy makers of the nation and a structural and comprehensive change was desired and have been acted upon for quite some time now. Many campaigns had been started and movements for protecting the rights of women came about incorporating different sectors be it private, public or non-governmental organizations trying to sensitize people about the constant abuses faced by women, be it internally and externally which really reflected on the policies laid down by the legislation. The overall change and inclusion in the criminal justice system wherein, the different executive bodies had been responsive and sympathetic towards such problems (Harvin, 2006).

Historical status of Domestic Violence: The Past

It is undeniable that the beginning of domestic violence was largely because of the sense of normalizing the act of crime within the society and the people to begin with, where it was expected out of women to develop sense of tolerance towards such acts and it often happened, that these acts of abuse continued to grow and become normal among the family (Erez, 2002). This also directed towards a very predominant injustice at the beginning maybe before the 1970’s as well wherein the gross inequality in between men and women were much persistent and rooted within the custom as well the legislations that governed the society at that time (Hague and Malous, 1998). The patriarchal sensibility really forced the men to believe that it was only natural to beat up women to keep them under control and make them direct the way the man wants and that did not start just from the partners in marriage but from fathers and grandfathers that really allowed minimal forms of abuses which only looked and seemed the most natural. The rule of thumb could really justify the existence of the exercise of natural authority wherein the means to beat the wife by the husband was a concern and required determination that it should not be thicker than a thumb. Also known as the “Judge Thumb” it was almost a natural mandate to make space for such actions (Henry, 1994).

Roman law was highly prevalent in lending support to the patriarchal and dominant behavior of men where it was considered acceptable for them to have absolute control over women. The control could be furthered to a point where the women might even face death and that remained completely suited to the order of the day (Steadman B, 1917). The rule of thumb of 1857 continued to the point where commanding obedience of wives was not only a right but mandatory.

Pre 1960’s

The status pre the long feminist wave, the, the women were mend to believe that the perpetrators today had the authority to claim obedience by exercising external power and their sense of entitlement were to be adhered to. Barring the sensibilities of the victims, the authorities and executives believed that the crime of domestic abuse was merely a petty act and would mockingly urge women to be obedient and men to control their temper. In the 1500s, it was fed to women that not being able to obey men and people in power, was a deformity in itself and utterly sacred which then translated into accepting their inferior position. Even the Hammurabi Code supposedly claimed such position of abuses against women. There was absolutely no recognition of such laws against women but in contradiction the offences that were carried and meted out against women were generally illegal as per other legislations like the Offences Against the Person Act, 1861( Summers and Hoffman, 2002) The stark contradiction in generating inequality within a society is worth criticism, which was not even upheld by the judiciary in place. The encouragement that the existing inequality received, blatantly disregarding women as human being or ‘person’ in the first place led the way of such gruesome offences against women.

The scenario some improvement only when Queen Elizabeth was introduced and only then women were given some recognition as entities. Then came along the place o have certain rights. Women were gaining a little prominence and minor changes began to encrypt households. Women were being saved from being tortured mercilessly and the age-old practice started to quiver. So much so that the women could not only raise their voice but could take a stern step enough to end their marriage if the abuse seemed to threaten their lives, mostly through te Matrimonial Clauses Act,1878 the victims were recognized and empowered. The husbands could be booked anad charged of such offences and once they were booked for abusing the wives, the women could take measures to get separated. This was a great development in their position. The change was coming in rapidly and from being held to such an inferior position, the women were given power to have control and ownership over their property and with financial development and empowerment a lot of such victims could take proper stand against such continuing offences (Summers and Hoffman, 2002).

The Beijing platform for Action had a major influence in moving the United Kingdom in developing the laws relating to the domestic violence and other heinous crimes against women. As much as the concept of human rights gained prevalence, 1990s saw the instrumental change where human rights were sacred and reserved for women as well (UN Women, 1995). Later in 1997, England did see measures that were taken up by the labor as well wherein it started to gain its prominence all over and after coming into power, there was a possibility and even promotion of proper development of policies and legislative structural framework that started to challenge the crime of domestic violence.

Post 1960s

It has already been four decades from the time women were given the right to vote which was the beginning of removing equality and steering back rights for women but it was later realized that women had just received almost no recognition if compared to men and that was again brought up through the second wave of Feminism. This wave had encountered the continuing distress of women and addressed issues of abuse and other high ranged offence. Along with the British Women’s Liberation Movement, the rights to education, right to be represented adequately in the parliament, in forum of socio and political structure and recognition of wider rights of women began in the second wave (Cree, 2008). This movement had acknowledged many other rights and influenced other movements to help raise the place of women in society.

Post 1970s

Legislations like Sex Discrimination Act, 1975 and Domestic Violence Act, 1976 came into being which is an example enough how the movements had impacted the legislations to grow and develop enough to incorporate acknowledgement of rights of women in enacted legislations. This was also largely influences by the Civil Rights Movement and the active voices raised by the Non-Governmental Organizations which went on to give rights to women to not only file complaints against their husbands or abusers but also have enough right to have share in the property so that they are not rendered homeless and the offender would be put behind bars (Blomvall L, 2018). Many other stricter legislation came about that strengthened the position of women and an effort to provide comprehensive support with regards to domestic violence was brought after.

Post 1990s

This period saw an extensive effort made by the legislators and in parliament to develop a policy that fits throughout the nation and functions at a multi-level field. This could ensure a hierarchical effort to protect women through national level to the local level which has been agreed and discussed throughout multiple discussion in the United Nations as well (United Nations, 1993). It was also taken into consideration that the victims of domestic abuse and the effects of such abuses were not simply restricted to the victims or between the offender and the victim but it was seen that large amount of influence was seen to be on the children of the parents. This could also lead to a growing trauma psychologically and may affect their development in the long run, therefore, considering legislations that provided protection and support to children as well. The publication of books had ensured that there was a meek possibility that a strategy could be implemented as developed through the book and would ensure sufficient deliberation at a national level. Even though victims of abuses were given protection, the punishment regarding offenders and the extent of such offence was not properly determined and the criminal law had major gaps concerning these areas. It was often seen that the victims of such abuses were not as strong and would live mostly in fear or denial due to the continuous deprivation and psychological effects of being attacked and harmed by a trusted and close individual, leading them to live low and refrain from raising complaints in the first place. Even if they did complaint, it was seen in many instances that the complaints were withdrawn only out of sheer fear and external familial pressure or failure to have security. This issue was quite prevalent and the Crown Prosecution Service, 1993 had discussed alternatives in such cases. The most important reform to provide security was the Family Law Act in 1996 helping the victims to be brought under the umbrella of civil rights (Burton, 2008). This also ensures that the victim will not be forced to leave home and shall have a shelter unless it has received order from the court.

Present: Post 2000

The present era did try to increase the spectrum of the crime of domestic violence and investigate areas that are touched upon by the violent behavior and often goes unnoticed. The legislations have been wider and more compatible to help understand and pick up women to a certain platform. The Home Office started analyzing the different perspectives of how the crime was dealt with but it started publishing reports. Many more research papers were taken up by the Home Office to address the issue concerning the safety of the victims once the complaints were raised and willing to get justice to the parties wherein past survivors were in play and attempted to participate in voicing out the approaches. This paper had done large research on the entire United Kingdom, studying the greater impacts of domestic violence and how the societal values are being detrimental to an individual psyche. The question of just identifying the offence was not enough but enough physical and psychological support to help the victims rehabilitate and form a newer life throughout England and Wales. The strategies were no longer limited to legislative inclusions but it had to transcend the limitations of the law but stretch out the resultant effect of the continuous domestic violence meted out to victims (Home Office, 2003).

Earlier to this not much changes were made directly into criminal law but with the introduction of Domestic Violence Crime and Victims Act, 2004 a comprehensive legislation was formed addressing issues of powers given to police which were considerably increased. The police earlier had restricted powers but with the inclusion of the concept of familial homicide, the police had wider power to arrest the offender and in turn help the victims by giving them protection of the police (Applegate, 2006). Over the years development with respect to punishment have also increased and the age of the offender is not restricted and has been lowered down to 16 years in case of any offence which life threatening be committed within the household. The major improvement that has taken place is the inclusion of the clauses that protect witnesses of such act as well s victims who muster up the courage to lodge a complaint through a broader legislation, leading to making assault a punishable offence.

2020

However, a proper definition of domestic violation was initially expected to be formed but the passing of the Domestic Abuse Bill has a more encompassed understanding of the term. The term was elaborated which actually made place for young adults to be a part of the bill for the “Coercive” and “Controlling Behavior” (Home Office, 2013). The Bill has acknowledged the impacts these violent acts cause not only restricted to physical but has extended its inclusion to the mental as well as the economic aspect of the same. With the extant of digital revolution, the technological aspect of having a spouse invading the privacy of their partner and causing technological abuse has also been given recognition. Even though the economic impact on the victims have been addressed but its important to have a wider discussion and clear its place in the legislation which shall be a future endeavor.

The Future: Post 2020

The Domestic violence legislation has many gaps and loopholes that needs to be addressed straightaway wherein no inclusion or discussion regarding limits set out in order for occupation was addressed (Harne, 2008). In many instances the victims are traumatized to a grave extent and their psychological framework are often affected in the continuous process of being attacked and assaulted that they may kill the offender if the need arose and in that case no sort of protection is designed for such victims. It has been criticized that the Bill was no doubt a landmark piece but had a few loopholes like the concept of “safe reporting” seemed to be absent in the bill (Gisela Valle, Latin American Women’s Rights Service). This may cause a problem for the migrants who have reported about such abuse but due to their unclear position of citizenship, it is possible that they don’t receive immediate and efficient protection. There are many victims who are living a daily life in a relationship that is abusive in nature but such a clause has not been established to give such women protection. Not only that, the children of such abusers are still in need of protection and the lack of appropriate funding could create bigger gaps than the legislation willed to fill. The bill also does not include the position of the refugees having no place of shelter, no arrangement of ant emergency shelter for victims who have escaped their offenders and are homeless. The legislation must ensure that the Ministry of housing is at par with the government and the legislation that is being built otherwise the bill could only be words and no action at all.

REFERENCES

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Margi Laird Mc Cue, ABC-CLIO, 2008 , Domestic Violence: A Reference Handbook

Steadman B, 1917, “ Right of husbands to chastise wife”, Virgina Law Register 3 4 (241)

Summers, R. and Hoffman, A.M., 2002. Domestic Violence: A Global View. Westport: Greenwood Press.