SYNOPSIS OF DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA AND ETHIOPIA

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CHAPTER 2 SYNOPSIS OF DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA AND ETHIOPIA

INTRODUCTION

Domestic violence has become a serious phenomenon that must be eradicated. It is prevalent around the world, irrespective of boundaries, culture, religion, or social structure. Research reports the prevalence of domestic violence around the world. This study hopes to contribute to the research base. Thus, in the first part of the chapter, the researcher provides an overview of domestic violence in Ethiopia and India, and in the second discusses international conventions and agreements, ratified by Ethiopia and India. This chapter concludes with a brief discussion of examples of international best practices regarding legislation governing domestic violence.
Domestic violence is a social issue not confined to a particular country, society, culture, or economic status. Until the end of the twentieth century, it was considered an arena of private life and many states abstained from interfering in private family affairs. Resultantly, many women rights groups began advocating against domestic violence and sought legislation to control, reduce and punish offenders. Domestic violence affects both the victim and the community on various levels. It affects the mental state of victims and their children and is costly to public health sectors because, when injured victims seek treatment, more often than not the public sector renders medical aid from public funds (World Bank, 2017: np). Domestic violence also affects employment through absenteeism due to injuries caused to victims of domestic violence (World Bank, 2017: np). In some countries, studies have proven that the cost for domestic violence, incurred by the public health sector and the private sector, such as companies where the victims are employed, is extremely high (National Network to End Domestic Violence, 2016: np). The researcher could not find any studies related exclusively to the cost of domestic violence to the public health sector in India or Ethiopia but infers these to be similarly high as seen in the rest of the developing world (Chibber & Krishnan, 2011: 452).
By the end of the twentieth century, several regional and international response to violence against women began to see the light of day; mainly as a result of advocacy groups. For example, the Convention on the Elimination of all forms of Discrimination against Women (CEDAW, 1981) came into force in 1981. Although it does not directly address the violence against women or domestic violence, it affirms the rights of women which created the platform to lift the curtain of silence that had long been drawn over women’s struggles. However, it resolved to address the silence on the discrimination of women and stated that gender violence is a form of discrimination against women (see preamble and article 1 & 2). This discrimination incapacitates the ability to enjoy the rights and freedoms on the basis of equality with men (CEDAW, 1981).
The Secretary-General of the United Nations (2006: np), in an in-depth study, on violence against women, confirmed that violence against women occurs globally irrespective of boundaries, religions, customs, and education; and one-third of the world female population experiences violence in one form or the other. This study further found that women are subjected to violence in the family, community, in state custody and in armed conflict situations. The common forms of violence against women are intimate partner violence, harmful traditional practices, including early marriages and forced marriages, female genital mutilation, femicide, sexual harassment, trafficking in women and rape. The UN study aimed to highlight the unacceptable presence of violence against woman and to eradicate all such forms of violence In addition, this study further addressed the implementation of state obligations covering forms and causes of violence, including long and short-term effects of violence against women, socio-economic factors, costs of violence against women and laws, policies, programmes and remedies to end and eliminate violence against women (UN Secretary-General, 2006: np).
As previously indicated violence against women is a significant public health problem as well as a violation of human rights. According to the World Health Organization (WHO), 35% of women worldwide have experienced either physical or sexual violence from intimate or non-intimate partners. In addition, 38% of murders, where the victim is female, are committed by intimate partners worldwide (WHO, 2013: np). Violence can significantly affect the health of a woman in general. More specifically, however, violence can have grave consequences for a woman’s physical, mental, sexual, and reproductive health. Resultantly, the consequences become onerous on the state as it incurs social, economic, and health care-related expenses (Heise, 1996: 27). Heise (2002: np) affirms that violence against women occurs in different forms and settings and that domestic violence is the most pervasive form of violence against women.
In the EU, 43% of women face psychological violence from their partners in their lifetime. More than 700 million women worldwide were married below the age of 18 years, and from these, 250 million were married before they reached the age of 15 years. These women are naturally susceptible to early pregnancy and the complications arising therefrom and are usually unable to practice safe sex or family planning and were unable to manage safe sex and are also vulnerable to early pregnancy and transmitted diseases (Nour, 2006: 1645). About 120 million women and girls are subjected to forced sex at some point in their lives, and the most common perpetrators are their husbands or partners (UN, 2013: np).
National surveys around the world show that percentages of women who were physically assaulted by their intimate partners vary substantially from country to country. The jurisdictional rates include Barbados 30%, Canada 29%, Egypt 34%, New Zealand 35%, Switzerland 21%, USA 33%, and India 20%. In Turkey, 42% of women above 15 years of age experienced physical and sexual violence. Domestic violence is also prevalent during pregnancy; in the UK, the prevalence of domestic violence during pregnancy is at 3.4%, the USA between 32 -33.7%, and Ireland at 12.5% (UN, 2013: np).
Domestic violence is a pattern of abusive and threatening behaviour that may include physical, emotional, economic, and sexual violence as well as intimidation, isolation, and coercion. The main aim of domestic violence is to exercise power and control over the victim (UN, 2013: np).
Since this research is confined to domestic violence in India and Ethiopia, the researcher now turns to a discussion of the phenomenon in these two countries.

DOMESTIC VIOLENCE IN INDIA AND ETHIOPIA

The UN (2013: np) reported that 35% of women worldwide had experienced physical or sexual intimate partner violence or sexual violence by a non-partner at some point in their lives. On the same trend, Ethiopia and India are not immune to the phenomenon. For some women in India, violence is a lifelong reality often linked to patriarchy (Johnson & Johnson, 2001: 1053). In Ethiopia, domestic violence – often with a patriarchal component – is likewise rife. The patriarchal structure of Ethiopian society, coupled with poverty and elevated levels of illiteracy, is the primary reason for violence against Ethiopian women (Tayechelam, 2009: np).
Domestic violence occurs in Ethiopian and Indian communities irrespective of religion, caste, education, or culture. Socio- economic factors such as poverty, lack of education, cultural practices and patriarchy perpetuate the dependency and subjugation of women to men, which only serves to worsen the problem. It is trite that social behaviour is mediated by culture in all societies and affects most manifestations of violence. Culture is not homogenous and includes competing and contradictory values. Thus, women suffer the negative aspects of culture but also benefit from positive cultural values. Some social groups, however, claim cultural traditions as justification for restricting female human rights. Various forms of femicide illustrate the interrelationship between culture and violence against women, for example (Zara, 2018: 1778). Intimate partner violence is directed against women as a means of control, and similarly, dowry disputes in India and the protection of family honour are used as control devices against women (UN Secretary-General, 2006: np).
The following section surveys domestic violence as reported by numerous studies conducted in different states in India.

Domestic violence in India

India is a complex society with citizens from various social, religious, and economic backgrounds (Dehejia & Dehejia, 1993: 146). Women are however, still in a disadvantaged position in terms of survival as the gender ratio remains disproportionately skewed towards males, irrespective of improvements in mortality rates (Dandekar, 1975: 1664). Unfortunately, patriarchy remains one of the underlying causes of violence against women in India. India is a society governed by a system where males hold power. Women are not permitted to accept employment without male permission, and a woman’s role is traditionally considered to be that of serving family needs. The patriarchal ideal is that a woman’s duty is to serve her father, brothers, and husband throughout her life (Johnson & Johnson, 2001: 1056).
Consequently, these cultural norms and other social practices, such as early marriage and child marriage, further advance violence against women. Admittedly culture is not homogenous and Indian societies practice diverse cultural norms, but the reality is that some of these norms and societal practices perpetuate violence against women (Sinha, Gupta, Singh & Srivastava, 2017: 135).
In illustration of the above contention, early marriages and/or child marriages are still practised in India and often leave a woman vulnerable to domestic violence as well as intimate partner violence. The National Family Health Survey (NFHS) (2006: np) conducted by the government of India shows that 20.7% of women between the age group 15-19 years’ experience domestic violence. Women in early marriages are thus more prone to domestic violence. Women who are married in their teenage years may not be fully aware of or have the knowledge to deal with household challenges and may not be mentally prepared for marriage (NFHS, 2006: np). A recent report in the NFHS-IV illustrates that 28.8% of married women experienced spousal violence, and 3.3% experienced violence during pregnancy (NHFS-2016-17: np).
Another example of the effect of domestic violence relates to women who carry out productive labour in developing countries. Their labour totals 11 trillion USD and 60% of the labour force in African countries consists of women. As previously eluded a woman’s participation in economic development however is often determined by her male relatives, and as such, she has little chance of independent career development or higher career aspirations in India (Economist, 2018: [sa]). Further, if a man feels that his wife has transgressed his word (the wife should always be obedient to her husband, seek her husband’s advice for everything, have no right to spend the money she earned and should entrust her wages to the husband) – he may react violently and it is seen as an acceptable part of life due to the customs of the area. In reality, many women remain in an abusive relationship because of economic dependency in India (Dhugel, Dhugel, Dhital & Stock, 2017 [sa]). Gender discrimination and violence marginalizes women in the sphere of development policies and programmes, and hence, they remain at a disadvantage in employment, education, health, and governance.

CHAPTER 1  RESEARCH ORIENTATION AND METHODOLOGY
1.1. INTRODUCTION
1.2. STUDY BACKGROUND
1.3. RESEARCH METHODOLOGY
1.4 KEY RESEARCH TERMS/THEMES
1.5. RESEARCH AIMS AND OBJECTIVES
1.6. RESEARCH QUESTIONS
1.7. JUSTIFICATION OF THE STUDY
1.8. DEMARCATION OF THE STUDY
1.9. VALUE OF THE STUDY
1.10. PHILOSOPHICAL WORLDVIEW OF THE STUDY
1.11. TRUSTWORTHINESS OF THE STUDY
1.12. ETHICAL CONSIDERATIONS
1.13. SUMMARY
CHAPTER 2  SYNOPSIS OF DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA AND ETHIOPIA
2.1. INTRODUCTION
2.2. DOMESTIC VIOLENCE IN INDIA AND ETHIOPIA
2.3. INTERNATIONAL LAWS AND AGREEMENTS REGULATING VIOLENCE AGAINST WOMEN
2.4. EXAMPLES OF COMPARATIVE BEST PRACTICES IN DOMESTIC VIOLENCE LAW
2.5. SUMMARY
CHAPTER 3  LEGAL FRAMEWORK REGULATING DOMESTIC VIOLENCE IN ETHIOPIA AND INDIA
3.1. INTRODUCTION
3.2. LEGISLATIVE FRAMEWORK FOR DOMESTIC VIOLENCE IN ETHIOPIA
3.3. INDIAN LAW ON DOMESTIC VIOLENCE
3.4. SUMMARY
CHAPTER 4  PRESENTATION OF RESULTS FROM INTERVIEWS
4.1. INTRODUCTION
4.2. RESULTS FROM INTERVIEWS: ETHIOPIAN PARTICIPANTS
4.3. INTERVIEW RESULTS- INDIAN PARTICIPANTS
4.4. ANALYSIS OF JUDGEMENTS FROM RANNI COURT, INDIA
4.5. SUMMARY
CHAPTER 5  INTERPRETATION OF FINDINGS
5.1 INTRODUCTION
5.2. OVERVIEW OF DEVELOPING THEMES
5.3. OVERVIEW OF EVOLVING THEMES FROM DISCUSSIONS WITH INDIAN PARTICIPANTS
5.4. PRESENTATION AND INTERPRETATION OF SELECTED DOMESTIC VIOLENCE JUDGEMENTS IN RANNI COURT, INDIA
5.5. SUMMARY
CHAPTER 6  SUMMARY, RECOMMENDATIONS, AND CONCLUSION
6.1. INTRODUCTION
6.2. SUMMARY
6.3. A COMPARISON OF THE LAWS GOVERNING DOMESTIC VIOLENCE IN ETHIOPIA AND INDIA.
6.4. RESEARCH FINDINGS
6.5. RECOMMENDATIONS
6.6. CONCLUSION
REFERENCES
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