Domestic Violence and Violation of Child’s Right in India

Authors

  • Suparna Bandyopadhyay Teaching Assistant, Department of Law, University of North Bengal Author

Abstract

Domestic violence or abuse is a behavioral pattern used by one person to maintain power and control over another in a relationship. The term domestic refers to running of a family or a home. Violence means a behaviour involving physical force intending to hurt, damage or killing someone. Domestic violence does not discriminate anyone. Person of any race, age, sexual orientation, religion or gender can be a victim or perpetrator of domestic violence. A domestic violence may have direct or indirect impact on a child. A child may not be abused physically who is passively participating in such relationship by seeing and experiencing the trauma of such abuse rather participation can also cause mental pain or long-term change of attitude. Treating a child differently or creating a dreadful environment can shatter a child’s life by leading them to death. Violence against children in general and domestic violence in particular, is a multidimensional problem, which requires a more serious approach by the state, NGOs, citizens and domestic members themselves, who subdue directly or indirectly to the violent actions.

References

Child Development Ages and Stages, (last visited on 27 February 2020), https://www.choc.org/primary-care/ages-stages/,

CRIMINAL APPEAL NO. 26 OF 2008

ANDREW SOLOMON, The Secret Sadness of Pregnancy with Depression, The New York Times Magazine, Published on May 28, 2015.

Ibid.

Tokophobia is a pathological fear of pregnancy and can lead to avoidance of childbirth.

ALEXANDER C. MCFARLANE, The long-term costs of traumatic stress: intertwined physical and psychological consequences, p.3-10 world psychiatry (2010).

Jayne O’Donnell & Mabinty Quarshie, the Startling toll on Children who witness domestic violence is just now being understood, USA Today, published on 29 January, 2019.

Ibid.

Ibid.

Last accessed on 21st February, 2020, http://www.domesticviolence.com.au/pages/impact-of-domestic-violence-children-and-young-people.php.

Domestic violence, child abuse cases on the rise in this lockdown: Experts explain why, (last accessed on 13th Dec. 2021), https://www.hindustantimes.com/sex-and-relationships/domestic-violence-child-abuse-cases-on-the-rise-in-this-lockdown-experts-explain-why/story-UZUC4v491KIWBkXmQ7x3SM.html

Laxmikant Pandey v. Union of India, (1984) 2 SCR 795.

Sheela Barse and Ors. v. Union of India and Ors. JT (1986) 136 1986 SCALE (2)23.

https://www.ohchr.org/documents/professionalinterest/crc.pdf , Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 entry into force 2 September 1990, in accordance with Article 49.

Ashok (Dr.) v. Union of India AIR, 1997 SC 2298.

Centre for Inquiry into Health and Allied Theme (CEHAT) v. Union of India, AIR 2003 SC 3309.

Abdul Wahid Bahadur AH Shaikh v. State of Maharashtra 1993 Cri L.J. 1977 (Bom.).

State of Punjab v. Gurmit Singh & Ors 1996 SCC (2) 384.

Sakshi v. Union of India Writ Petition (crl.) 33 of 1997.

Vinod Soni and Another's v. Union of India 2005 Cri. L.J. 3408.

Hemanta Rath v. Union of India and Others AIR 2008 Ori 71.

Delhi Commission for Women v. Delhi Police W.P. (CRL) 696, 2008.

Childline India Foundation v. Alan John Waters and Ors. (2011) 6 sec 261.

Last visited on 27 Feb. 2020, https://www.crosswalk.com/faith/bible-study/what-does-spare-the-rod-spoil-the-child-mean.html.

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Published

2024-03-22

How to Cite

Domestic Violence and Violation of Child’s Right in India. (2024). GLS KALP: Journal of Multidisciplinary Studies, 1(4), 1-12. https://www.glskalp.in/index.php/GLSKALP/article/view/61