India: Type of protection available to Indian women who are domestically abused by foreigners without legal status

The following list of organizations offering assistance of one kind or another to women in abusive situations was obtained from the SAWNET (South Asian Women's NETwork) Internet site:

(1) Sakshi, Delhi.

A Violence Intervention for Women and Children: works on sexual harassment, sexual assault, child sexual abuse and domestic violence. Focuses on equality education for judges, implementation of the 1997 Supreme Court Sexual Harassment Guidelines, outreach and education.

Address: B-67 South Extension Part-1, First Floor, New Delhi-110065.

Tel: 4643946/4623295

Email: [email protected]

(2) Sneha, Madras.

A voluntary organization offering emotional support to the lonely, the depressed and the suicidal.

(3) Vimochana, Bangalore:

Deals with many women's issues from domestic violence to labour issues. Activities range from counselling, service provision, education and outreach, mobilizing and organizing, activism.

2124 16th B Main 1-A Cross, HAL IInd Stage, Bangalore 560038.

Phone: (city code = 80) 526 9307.

(4) Anweshi Women's Counselling Centre

Run a counselling, mediation and resource center for women facing any kind of abusive situation.

near YWCA, Cannanore Road, Kozhikode 673 001.

(5) Sachetna:

31, Mahairban Road, Calcutta.

(6) Socio-Legal Aid Research and Training Center

P-112 Lake Terrace, Calcutta.

(7) Pragatisheel Mahila Manch:

11 N. Ho Chi Minh Road, Sarania, Behala, Calcutta 700 061.

(8) Swayam

11 Balu Hakkak Lane, Calcutta 70017.

Phone: 2803429; 2803688.

Email: (n.d.).

The following 25 November 1999 article entitled "The Truth About Domestic Violence" from The Hindustan Times places the problem of domestic violence in context and is reproduced in full:

The police does not consider domestic violence as a serious issue demanding its attention. I too held this view till I read the findings of the research studies, conducted under the auspices of the International Centre for Research on Women (ICRW).

The seminal studies, conducted by Leela Visaria in Gujarat, Nishi Mitra in Madhya Pradesh, and Veena Poonacha and Divya Pandey in Karnataka and Gujarat, have transformed my views. Domestic violence is more pervasive and much more serious than we think. It is not an entirely Western phenomenon as many of us would like to believe. The problem is widespread and has deep societal ramification.

It cuts across caste, class, religion, age and education. Abusive relationships were reported more frequently among the illiterate, as high as 76 per cent women and 81 per cent men. However, incidence does not fall below 40 per cent for any group. Two-thirds of all women interviewed reported some form of physical violence or sexual abuse according to the survey conducted in a rural district of Gujarat.

Forty-two per cent of them were beaten by sticks, sometimes causing grievous injuries. Even the newly-weds were not spared. It started with verbal abuse for 53 per cent of them. These findings indicate that with time, abuse intensifies to the point where "everything" becomes a precipitating factor for violence. Two of every five women in abusive relationship keep quiet about their suffering because of fear, shame and family honour. The lack of viable options also keeps women trapped in their miserable lives.

Nearly one-third of the women experiencing abuse had thought of running away, but gave up the idea for the sake of their young children and because they had no place to go. Social and economic constraints further compounded their sense of helplessness and isolation. Lack of awareness about their rights makes them accept physical abuse without any resistance. What is worse, the majority of the victims have no access to any form of medical care. The study points out to lack of medical and counselling services to address domestic violence.

Domestic violence has a huge economic cost, a fact which is not appreciated. Studies in the US have estimated the annual cost of domestic violence in billions of dollars. One study in 1995 by Miller, Cohen and Wiersema puts the figure at $67 billion. All these estimates are based on measuring direct and indirect costs. The direct cost includes the cost of health care, loss of household/individual income and the judicial process. The indirect cost includes loss of productivity, mortality, social and psychological cost, and reduced child well-being. The impact of domestic violence on household economy can be disastrous. 

In the study conducted by Nishi Mitra in 13 districts of Madhya Pradesh and 18 districts of Maharashtra, she has specially looked into the role of the police and the law. A battered woman finds it difficult to get a case of domestic violence registered at a police station. During the study she interviewed many police officers at all levels. The general response was that while deciding whether to register or not, they invariably "check the reason of violence; dowry, personal traits, character and infertility." They treat a number of complaints as trivial matters and refuse to register them.

Instead of registering the complaint, the police stations refer a number of complaints to the counselling cell. If a complaint gives information about the commission of cognizable offence, the police under the law has really no option but to register the FIR (First Information Report).

They avoid doing so in the belief that in not registering the complaint and referring her to the counselling cell, they are helping the victim. What they do not realise is that this "emphasis on reconciliation ultimately leads a woman to go back to her in-laws thus compromising her situation" even further. The police will do well to concentrate on their enforcing duties than taking up counselling work for which they are not really qualified. 

The police and the judiciary need to be sensitised to the sufferings of battered women. Domestic violence should be recognised as social problem and not a private family affair. The law should take an active role in its prevention by punishing the guilty. Women also need to be made more aware of their rights.

As Nishi Mitra points out in her study: "It is only the tip of iceberg, revealing a fraction of actual truth. The culture of silence prevents women from coming out in the open about the abuse." By undertaking these studies the ICRW has taken the first step in conducting an intensive investigation on domestic violence. One hopes it would be followed by action plans for legal and social intervention for its prevention.

Additional and/or corroborating information on the type of protection available to female victims of spousal abuse, other than that provided in IND30651.E of 15 December 1998 and the Research Directorate's October 1995 Human Rights Brief: Women in India, could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

The Hindustan Times [Dehli]. 25 November 1999. Ved Marwah. "The Truth About Domestic Violence." [Accessed 14 Feb. 2000]

SAWNET (South Asian Women's NETwork) [Montreal]. n.d. "Domestic Violence: India." [Accessed 14 Feb. 2000]

Additional Sources Consulted

Immigration and Nationality Directorate (IND), Home Office, UK. March 1999. Version 3. India: Country Assessment.

IRB Databases.

Internet sites, including:

Hinduism Today. Monthly. April 1999-January 2000.

Indian Law Site.

Indian Legal, Constitution and Government-Related Sites.

Internet Law Library: India.

SAWNET (South Asian Women's NETwork)

Search engines, including: