Women’s Subjectivities of Suffering and Legal Rhetoric on Domestic Violence

2010 ◽  
Vol 17 (3) ◽  
pp. 375-401 ◽  
Author(s):  
Rukmini Sen

It is undoubtedly true that feminist politics in the last three decades has struggled to make visible an entire range of social practices that are inimical to women and brought them under the rubric of ‘violence’. This article revisits the meaning of violence when translated in the language of law. In the courtroom, the meaning of violence has to be technically grounded as the law would want it to be, filtering from it many nuances that possibly existed at the time when the aggrieved woman was narrating her incident. This article therefore is an exploration of the legal rhetoric engaging with violence as faced by women within marriage; it argues that there is often a strong disjuncture with the subjectivities of suffering primarily due to the legal need for objective evidence. There are three parts: (a) how violence has been understood by the women’s movement in India, (b) an analysis of some legal documents that understand primarily physical violence and (c) an exploration on the Protection of Women from Domestic Violence Act, 2005, which through legal language makes a formal provision on translating suffering.

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Janet Oluwaleye Monisola

The trend of violence against women in Nigeria has increased more than ever recently, with many women having been deprived of their fundamental rights. Violence against women in Nigeria includes sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, and socio-economic violence. This article investigates cases of domestic violence against women in South West Nigeria by assessing the role of family courts in the adjudication of such cases. Both primary and secondary sources of data were employed to examine incidents of violence against women and the role of the family courts in ensuring justice. The author employed both primary and secondary sources of data; the data gathered were analysed by frequency and simple percentages, while qualitative data were descriptively analysed. The article reveals the causes of domestic violence against women to include a cultural belief in male superiority, women’s lack of awareness of their rights, women’s poverty owing to joblessness, men seeking sexual satisfaction by force, women having only male children, the social acceptance of discipline, the failure to punish the perpetrators of violence, the influence of alcohol, and in-laws’ interference in marital relationships. It also reveals the nature of domestic violence against women. The research revealed that the family courts have played prominent roles in protecting and defending the rights of women. The author therefore recommends that the law should strengthen the family courts by extending their power to penalise the perpetrators of violence against women. 


2021 ◽  
Vol 39 (3) ◽  
Author(s):  
Vijayalakshmi Poreddi ◽  
S. Sai Nikhil Reddy ◽  
Sailaxmi Gandhi ◽  
Marimuthu P ◽  
Suresh BadaMath

Objective. To explore women's experiences of violence and their opinion on routine screening for domestic violence by nursing professionals in mental health care settings. Methods. This qualitative narrative research design was carried out among 20 asymptomatic women with mental illness at a tertiary care centre in Bangalore, India. Results. Narrative content analysis was performed, and five dominant themes have emerged: 1. Understanding the nature and signs of violence (subtheme: Meaning of violence), 2. Abusive experiences of women with mental illness (subthemes: Physical violence, psychological violence, social violence, sexual violence and financial violence), 3. Experiences on disclosure of violence (subthemes: Identification of violence by nursing professionals, Experiences of disclosure of violence), 4. Barriers for disclosure of abuse(subthemes: Fear of consequences, the hectic schedule of nursing staff, helplessness and hopelessness, perceived poor family support). 5.Routine screening for violence by nursing professionals (subthemes: reasons for routine inquiry of violence, nature of inquiry by the nursing professionals). Conclusion. Women with mental illness were undergoing more than one form of violence, and most of the participants supported routine screening by nursing professionals. Nurses play an essential role in identifying and supporting abused women in mental health care settings.


KOMUNITAS ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 39-57
Author(s):  
Agung Budi Santoso

National Commission on violence against women (2015) noted that violence against women showed a widespread pattern. The 2016 annual press release (Catahu) released that there were 321,752 of violence cases. The largest type of violence against women was violence in the personal sector. Violence in the form of rape was 72% (2,399 of cases), violence in the form of obscenity was 18% (601 of cases), and sexual abuse was 5% (166 of cases). The majority of personal violence victims (domestic / household) were women. The forms of domestic violence included physical violence, psychological violence, sexual violence and neglect of the household; while the main factor was the lack of communication and disharmony among family members. The impact in the short term was usually like a physical injury, disability, pregnancy, loss of work, and so forth; while the long-term effects were psychological disorders (psychiatric), loss of confidence, fend for oneself, trauma and appearance of fear to depression. The handling of domestic violence is one of the focuses of social workers to play a role in helping / assisting the recovery of victims. The social worker should be able to convince the victims to dare to express their problems, to give a sense of security, and comfort. Social workers in helping victims of domestic violence should have knowledge and alignment to the victims that the slightest violence is a form of crime against humanity. Victims of domestic violence must immediately obtain the protection, security assurance and social assistance. The efforts which can be done by social workers are counseling and family counseling. Those are done as a form of therapy so that victims do not feel the prolonged trauma and they can think calmly.


Author(s):  
Rosnida Sari

This paper looks at the Acehnese women's movement in helping to respect women's work in the grassroots community. This effort was carried out to give recognition and appreciation for women who have dedicated themselves to upholding women's human rights in Aceh, because there are still many people who do not yet know the humanitarian work they have done. The women who were nominated were those who worked since the time of the conflict until now. This voluntary work they do without financial support on a regular basis from the government, although some of them are listed as volunteers in their respective city P2TP2A. The types of cases they handle vary, from domestic violence cases to women's empowerment and society. This research was conducted in the Banda Aceh, Bener Meriah and Central Aceh regions. The research method for this study was in-depth interviews of winners, nominees and implementers of activities shaded by the Ureung Inong Aceh Shura Hall. The results of this study indicate that there are ups and downs in the implementation of this activity. Some of the obstacles that hindered him were the unavailability of funds, weak government commitment and lack of coordination of women's institutions in Aceh in the success of this activity.Keywords: Aceh Women Award, Aceh Women's Movement, Empowerment


2021 ◽  
Vol 8 (6) ◽  
pp. 55-67
Author(s):  
Ömer Alkan ◽  
Şeyda Ünver

Purpose of the study: This study aims to determine the factors affecting the exposure of women in Turkey 15 years of age and older to physical violence by their husband/intimate partner. Methodology: In this study, the micro-data set of the "Research on Domestic Violence against Women in Turkey" conducted by Hacettepe University Institute of Population Studies in 2008 and 2014 was used. In this data set, the data of 18518 women aged 15 and over were used, 11722 in 2008 and 6796 in 2014. Factors affecting women's physical violence were determined using binary logistic and probit regression analysis. This study focuses on the physical violence of the husband/partner, which is the most common type of domestic violence against women. Main Findings: The variables of survey year, region, education level, individual income, marital status, health status, the number of children, and being exposed to violence from first degree relatives are seen to be significant. According to the results obtained, the expected probability of exposure to physical violence women who were subjected to economic, verbal, and sexual violence by their husbands/intimate partners was more than 39.8%, 127.35%, and 83.68%, respectively. Applications of this study: The study outcome indicate that important steps to reduce domestic physical violence against women in Turkey should be taken. In order to prevent new cases of abuse, coordinated efforts to raise awareness of the problem of domestic physical violence against women will encourage action. Novelty/Originality of this study: In this study, factors affecting the exposure of women in Turkey, 15 years old and older, to physical violence by their husband/intimate partner were identified. In the study, the socio-demographic and economic characteristics of women and to what extent the various risk factors related to husband/intimate partners were critical for the women's exposure to physical violence.


2019 ◽  
Vol 20 (2) ◽  
pp. 78
Author(s):  
Suci Annisa Caroline ◽  
Novi Anoegrajekti ◽  
Heru S. P. Saputra

In a dominant patriarchal culture, women are considered lower than men in many aspects such as education, politics, workplace, and the sexuality discourse. This article shows the representation of women who symbolize her resistance which is reflected in the novel entitled Jalan Panjang Menuju Pulang by Pipiet Senja. It is used qualitative method supported by descriptive analysis on the basis of theoretical of radical feminism. The results of the study show that woman (Fatin) is subjugated by men. There are physical violence, psychological violence, and also domestic violence which happened to Fatin. Hans did Sexual harassment, while sexual violence done by Frankie. Meanwhile her husband ,Rimbong, threat her and hit her. Fatin suffers psychic and also physical violence. This spouse fought for the custody right. This research discuss about how Fatin showing her resistance to the domestic violence and sexual violence. In her apartment, Fatin dares to scuffles then reports Frankie to the police. She also reveals her resistance by hiding away her child when her husband will take her child.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Hbur Liusia ◽  

The article analyzes the legal support for combating and preventing domestic violence against women. The statistics show that in 2020 the bodies and institutions entrusted with the functions of implementing measures to prevent and combat domestic violence received 211,362 complaints about domestic violence, of which – 2,756 from children, 180,921 – from women , 27 676 – from men. It is concluded that the ratification of the Istanbul Convention is still open, which currently helps all signatory states to effectively combat a wide range of phenomena, including psychological violence, physical violence, sexual violence, especially rape, forced marriage, forced abortion, forced abortion, forced abortion. genitals, crimes in the name of so-called «honor», harassment, sexual harassment, etc. In addition, the need to ratify the Istanbul Convention has been and continues to be insisted on by the world community, as by signing this Convention, Ukraine has committed itself to ratifying it in the future. It is determined that the normative-legal provision of prevention and counteraction to domestic violence against women consists of a set of international covenants, declarations and conventions, normative-legal and by-laws normative-legal acts. It has been found that the number of reports of violence against women is increasing every year, so the legislator should work to prevent any forms of domestic violence by amending the legislation governing preventive measures. Keywords: violence, women, gender equality, Istanbul Convention, domestic violence, combating violence, domestic violence, gender equality


Author(s):  
Janet C. Wesselius

The feminist philosopher Susan Bordo suggests that the dilemma of twentieth-century feminism is the tension between a gender identity that both mobilizes a liberatory politics on behalf of women and that results in gender prescriptions which excludes many women. This tension seems especially acute in feminist debates about essentialism/deconstructionism. Concentrating on the shared sex of women may run the risk of embracing an essentialism that ignores the differences among women, whereas emphasizing the constructed natures of sex and gender categories seems to threaten the very project of a feminist politics. I will analyze the possibility of dismantling gender prescriptions while retaining a gender identity that can be the beginning for an emancipatory politics. Perhaps feminists need not rely on a reified essentialism that elides the differences of race, class, etc., if we begin with our social practices of classification rather than with a priori generalizations about the nature of women.


2020 ◽  
Vol 22 (5) ◽  
pp. 333-351
Author(s):  
Khondker Aktaruzzaman ◽  
Omar Farooq

Purpose The purpose of this paper is to document the impact of participation in microfinance programs on domestic violence against women. Design/methodology/approach This paper uses the survey data from 69 villages in Bangladesh and the instrumental variable approach to estimate the effect of participation in microcredit programs on domestic violence. Findings The results show that women’s participation in microcredit programs does not reduce domestic violence. However, this result is possible only when the authors do not distinguish between female borrowers who have control over credit and those who do not have control over credit. Classifying female borrowers into these two categories can significantly change the results. The authors report significantly lower physical violence against those female who have control over credit. In case of psychological violence, the authors report no significant impact of control over microcredit. Originality/value The novelty of the paper lies in distinguishing between physical and psychological violence.


2018 ◽  
Vol 18 (1) ◽  
pp. 7-28 ◽  
Author(s):  
Sylvia Walby ◽  
Jude Towers

The article assesses three approaches to domestic violence: two that use the concept of ‘coercive control’ and one that uses ‘domestic violent crime’. These are: Stark’s concept of coercive control; Johnson’s distinction between situational couple violence and intimate terrorism, in which coercive control is confined to the latter; and that of domestic violent crime, in which all physical violence is conceptualized as coercive and controlling. The article assesses these three approaches on seven issues. It offers original analysis of data from the Crime Survey for England and Wales concerning variations in repetition and seriousness in domestic violent crime. It links escalation in domestic violent crime to variations in the economic resources of the victim. It concludes that the concept of domestic violent crime is preferable to that of coercive control when seeking to explain variations in domestic violence.


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