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Article Vol. 3 No. 2 (2020) PP. 381 - 404

Domestic Violence & Patriarchy in the Indian Society

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Akhil Gupta
Student at National University of Studies and Research in Law, Ranchi, India
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Abstract

It is a historical fact that since the beginning of time women have been discriminated against in all the religions, however, there isn’t any logical basis for it. It was Manu Smriti, the first lawgiver, in India which allowed to beat women if she didn’t take consent of husband for doing certain things. Therefore, the concept of abuse of women has started from ancient India itself. The shocking point is that because of violence at home children are affected to a great extent, they become violent themselves in the future mimicking their factor when getting angry, further, destroying their families. Women must be encouraged to fight, not ignore the violence. Moreover, most important factor is that even after Government has enacted Domestic Violence Act, 2005, because of its poor implementation women aren’t able to avail justice or get away from such situations. The research article gives literature review, theoretical framework about domestic violence and then discusses child marriages & domestic violence, tries to give critical analysis of the Domestic Violence Act, 2005 which was enacted in order to curb the abuse, further, the paper tries to examine its implementation process in India and does data analysis of National Health and Family Survey reports on the Domestic Violence and provides summary of key findings and suggestions.

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International Journal of Law Management and Humanities, Volume 3, Issue 2, Page 381 - 404
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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