We Human being are also categorized/known as "social animal" and sometimes either because of the distorted and misinterpreted social norms or the increased, in craved and intense behavior of controlling and dominance results into various violence out of which Domestic violence/abuse is prime concern for the institution of marriage and society as a whole. Unfortunately, our societies cherish bad marriage over broken marriage giving/broadening the opportunity of domestic Violence. Indian Society took a shift from traditional age old practice of institution of marriage in form of Live in relationship but it again failed to secure the vulnerability of consenting adults and ensure their safeguards hence live in relationship received legal sanctity through various landmark judgments securing the rights of couples, especially women and the children begotten through such relations. Domestic abuse is defined as a pattern of behavior in a relationship that is used to gain or maintain power and control over an intimate partner in a marriage. This abuse may extend from physical, sexual, emotional, economic, to psychological actions or threats of actions that influences the person in a relationship. It generally takes place within a relationship that includes married couples, living together, or dating. Domestic violence affects people of all socio-economic backgrounds and education levels. In the light of the same this paper aims to study the following things: - 1. What is Domestic violence? 2. Factors responsible for domestic violence with special reference to socio-cultural risk factors. 3. Legislation which are currently prevailing in the Nation to deal with domestic violence Issue. 4. The Emergence of violence against women as a social problem. 5. Consequence of violence against women. 6. Conclusion and Way Forward. Key Words- Domestic Violence, socio-cultural risk factors, Factors of domestic violence, psychological actions. Introduction Domestic violence is a global problem and reaches beyond national boundaries as well as socio-economic, racial, cultural, and class distinctions3. Domestic violence is widely and deeply ingrained in our social system and has a serious impact on women's health and well-being. Women and children are in danger where they should be safest within their families4. A home is a place where one should feel safe but for them home is a place where they face a regime of violence and terror at the hands of someone very close to them and somebody they should be able to trust. They suffered physically and emotionally, unable to make their own decisions or opinions or protect themselves and their children from further repercussions. Their human rights are violated and lives are stolen from them by the threat of violence. This violence can take the form of physical abuse, social abuse, emotional abuse or sexual abuse. The frequency of the abuse can be off and on, chronic or occasional5. Domestic violence is a pattern of coercive controls that one person exercises over another person. The protection of the Women from Domestic Violence Act, 20056 provides that any act, omission, or conduct that harms or inflicts injuries will be considered as domestic violence by law. Even a single act or omission would constitute domestic violence. In other words, women do not have to suffer a prolonged period of violence before taking recourse by law. It is perpetrated by both women and men, however especially in India, women are the worst sufferers. In the United States, it has been reported that 85% of women suffered domestic violence by their partners. Women have a right to state protection even when they are within the confines of their families. Violence against women and children is committed when legislation, the judicial system, and law enforcement do not recognize domestic violence as an offense. So far, approximately 44 countries have adopted specific laws to address domestic violence as a crime7. Domestic violence against women continues to be a global epidemic that kills and tortures women physically, sexually and economically. It is human rights violation denying women's equality, dignity, security, and right to enjoy fundamental freedom. Violence against women is often sanctioned by the grab of cultural norms and practice or through religious tenets. Moreover, when a violation takes place at home, the abuse is effectively suffered by the tacit silence8. No society is free from domestic violence and the only variation is in the trends and patterns that exist in countries and different regions. In 1993, the world conference on Human rights in Vienna had accepted the rights of women and girls as an inalienable, indivisible, and integral part of Human rights. The United Nations General assembly has also adopted in the same year the declaration on the elimination of violence against women.9 It is the first International Human rights instrument that deals with the offense against women, this document later become the groundbreaking basis for many other parallel process. Society has presumed greater responsibility to prevent and ameliorate violence against women and it has evolved into a social concern. The Emergence of violence against women as a social problem Since 1970, an effort has been made by the advocates, public and policymakers to mitigate violence against women and children10. Society has assumed greater responsibility for mitigating and ameliorating the effect of domestic violence against women and slowly and gradually it has evolved into a social, criminal justice, community and public health issue. In today's scenario the level of public concern and policy reform related to domestic violence, stalking and sexual assault, it would easy to overlook the fact that definition of domestic violence against women was classified in the domain of private and interpersonal relations a few decades ago11. Historically, women's activities, their legal protection were classified in terms of women's emotions and delicacies and men were presumed as a leader and dominant in both private and public life. According to HLA Hart the Assumptions about gender and gender roles underlies in a legal construction of violence against women in the form of common law and legislative statues. Many American interpretations of the crime of rape has established the special circumstances for proving the intent and motive which is justified by clear assumptions like men are often failed to distinguish consensual from nonconsensual sex12. The victim always failed to prove her stand because the burden of proof in criminal law is on the prosecution. The purpose of such laws is to mitigate the conviction rate when there is any doubt as to the defendant's state of mind about the victim's consent to have sex or there is any doubt the victim's inclination to misrepresent the incident. The legislative statues and common law underlies gender role in legal constructions of violence against women. In the case of sexual assault on women, the common law addressing rape is different from standard criminal laws in several ways. Early English laws and many American interpretations of rape laws provide special circumstances for proving intent, which is justified by clear assumptions. • Truly forced or coercive sexual intercourse is extremely rare. • Women are socially motivated to lie about consensual encounters. • Menare often unable to distinguish consensual from non consensual sex13. This is because the burden of proof in criminal law falls on the prosecution, the effect to such laws is to alleviate the probability of conviction when there is any doubt as to the defendant's state of mind about the victim's consent to have sex, or any doubt about the victim's propensity to misrepresent the incident. The bias in rape law has had two important impact: first is, it is associated with very low reporting and prosecution rates for sexual assault, and it has resulted two social categories of rape. The first category consist of what one author has termed "real rapes". The second, and much broader, category consists "simple rapes": physical assaults committed by relative or friends that typically involve force or coercion but not necessarily include weapons, instrument or severe injuries and are hence open to the special challenges in rape law14. Violence against women has a different legal history, although it is associated with similar assumptions about relationships between women and men. History reveals sporadic efforts to criminalize wife-beating and such laws were seldom called into use and many States did not have domestic violence as an offence. As a result, judges were rarely met with assault and physical accusation involving spouses, but when they were asked to rule on cases of criminal wife-beating, they often explicitly pardoned the behavior as a form of family culture and male responsibility. Women's claims were also rejected in civil court, where common law principles declared that if beatings did not cause long lasting injury, they were insufficient to constitute the "extreme cruelty" that justified divorce in a marriage15. Laws related to domestic violence Definition of domestic violence Section 3 of the Domestic violence Act, 200516 provides a list of what constitutes domestic violence. (a) Threats to Life, Health & Safety, etc., whether Physical or Mental, incorporating Sexual Abuse, Physical Abuse, Verbal and Emotional Abuse, and Economic Abuse, or (b) Harassment through any forms such as injuries, harms to the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property or valuable security; or (c) Otherwise injuring or causing harm, through Mental or Physical means to the Aggrieved Person. Laws There are various laws in India that deals with the domestic violence and protection of married women from her partner and them in laws. 1. Protection of Women against domestic violence Act, 2005 Protection of women from domestic violence act, 200517 came into force on 26 October 2006. This act provides a comprehensive and promising law that combines civil and criminal remedies to ensure effective protection and relief to victims. The definition of domestic violence under this act is in consonance with the UN model legislation on domestic violence. The victim can seek protection against sexual, emotional, verbal or physical abuse. Under this act, the right to reside in the matrimonial household is seen as a sudden change in women's rights in India. She cannot be evicted from her household and if she is evicted, she would seek relief order and counseling with the help of the protection officer under the act. The act also provides appointments of domestic violence protection officers by the state government in every district. This Act extends not only the protection of married women but also women who are in Live-in-relationship and also family members like Grandmothers, Mothers, etc. A woman has the right to be free from any kind of violence under this Act. After the enforcement of the act women can now look for security against Domestic Violence, Financial Compensation, right to live in their mutual house and they can claim maintenance and relief from their abuser in case they are living separated. 2. Section 498A of the Indian Penal Code This section of the Indian penal code applies to the husband or family members of the husband who abuse women. Under section 498A18 of the IPC, the cruelty of dowry by the family members of the husband or by the husband himself is considered a crime. This cruelty can be of any type be it mental cruelty or physical cruelty. Marital rape is not considered as a crime in India but forced sex with one's wife is cruelty under this section. It also includes intentional behavior of the husband and his family which forced the women to attempt suicide or risk to life and overall health. 3. Dowry prohibition Act, 1961 This act punishes the giving and taking dowry. The Dowry is banned under the Dowry Prohibition Act, 196119. According to this act, giving, taking, or even demanding dowry is punishable and imprisonment for a half year (i.e. for 6 months) or fine up to 5000 rupees. Domestic violence is increasing rapidly in pandemics. It is one of the most appalling kinds of violence endured on the women and they don't raise their voices. Most of the surveys show that the maximum victims of domestic violence are women; only in certain cases do men suffer this violence. It can take place with anyone, despite the fact of race, religion, caste, and creed. If this problem is not dealt properly, this kind of abuse will keep on existing in our society and degrade its development. Factors that promote domestic violence Many studies have found that domestic violence occurs in domestic relationships. The chocking, pushing, insulting and enforcement of decisions on partners were not considered as violence or abuse. These were considered as the normal happenings and inevitable part of marriages and relationships20. Reporting of violence and abuse is completely absent and this causes the growth of domestic violence. This development is growing because women feel that is how they have been brought up and it forms their world. Monetary issues came as the major source of conflict and abuse. This was due to women's reliance on their male partners. Sociocultural Risk Factors Sociocultural risk factor establishes a wide context that includes many forms of violence against women which is socially acceptable. In America, society and sex-role stereotypes contribute to both sexual and physical violence against women21. Recently, research reveals that social acceptance of violence against women is due to the historically male-dominated social system and socialization practices which teaches men and women different gender-specific roles" (Kantor and Jasinski, 1998, p. 13). The consequence of cultural values has also been scrutinized at the individual level, but findings have been incomplete. Several studies have revealed that men who sexually assaulted women are more likely than other men to see sexual violence as acceptable in society, although other researchers have not reached out this conclusion. Sugarman and Frankel (1996) concluded that assaultive men had a more positive approach toward violence against women than nonviolent men, but violent behavior is not related to masculinity. Additionally, they found that women who suffer hold more traditional gender role perceptions than non-abused women, which is responsible for the difficulty some women experience in extricating themselves from toxic relationships. Thus, research is not inconsistent as to whether traditional sex roles are an important risk factor for violence and abuse against women in society22. Social Structural Risk Factors There are two kinds of social structural risk factors that have been examined first is economic status and the second is community factors. Domestic violence occurs in almost every household of all income levels, but researchers have found that low-income household is more responsible for partner violence. It is not only poverty and its associated factors that increase the risk for partner violence in households. Higher-income household correlates with lower reported intimate violence rates against women. Economic status increases the risk of violence against women in two ways. First, low income can affect the perpetrator. Second, researchers have found that poverty or economic dependency on the abuser can also be a hindrance to the victim's ability to complain against an abusive relationship23. Family Risk Factors Factors Associated with the family unit have not been well studied yet, although mental health researchers have presumed that such factors play an important role in abuse against partners in the household. There is an assumption that relationship status in a family is an important risk factor of domestic violence. Victims of domestic violence substance abuse and serious mental health problems can increase dependency on a woman's ability to prevent violence or fight against an abusive relationship24. Individual Risk Factors-Perpetrators There are various perpetrator personality characteristics that have been studied so far as antecedents of physical, sexual, or mental abuse against the partner, although findings are not conclusive. Kantor and Jasinski's (1998) review of research concluded that the following are personality risk factors for male partner abuse in a relationship: • Emotional dependence and insecurity of one partner. • Low confidence and empathy. • Poor communication between the partners and social skills. • Aggressive, narcissistic, and antisocial personality of the partners25. Risk Factors for Stalking Very little is known about the risk factors for stalking. One of the studies revealed that the abuser who also stalks their partners are different from non-stalking abusive partners. They are more inclined to have stalked previous victims and have a history of violence, physical abuse, and non-cohabitation with their partners. In a survey conducted by the National Violence against Women Survey revealed certain intensions to be the stalker's willingness to control their partner and continue the relation26. Consequence of violence against women Denial of fundamental rights One of the most crucial consequences of violence against women and girls is the violation of fundamental human rights. International human rights organizations such as the Universal Declaration of Human Rights (UDHR) which was adopted in the year 1948, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted in the year 1979, and the Convention on the Rights of the Child (CRC) was adopted in 1989, shows the principles of fundamental rights and freedoms of every human being. Both CEDAW and the CRC are followed by a broad concept of basic human rights that flourish beyond civil and political rights to the core issues of economic survival, health, and education that leaves impact on the quality of life for women and children. These two Conventions protect the gender-based abuse and neglect. The power of these treaties lies on an international agreement, and the presumption that all practices that cause harm to women and girls, no matter how deeply they are embedded in our ritual and culture, must be abolished. These conventions are legally binding under international law for governments that have ratified them under their own law, these treaties oblige governments not only to protect women from domestic violence, but also to examine violations when they occur and to bring the victims to justice27. Human development goals undermined There is a growing acceptance that many countries cannot reach their full potential as long as women's potential to participate fully in their society is denied. Data on the social, economic and health costs of violence revealed that violence against women undermines progress towards human, economic development and sustainable development. Participation of women has become key factor in all social development programmes, be they environmental, for alleviation of poverty, or for good governance of the country. By confining the full involvement and participation of women, countries are alleviating the human capital of half of their populations. True indicators of a country's development to gender equality lie in its initiative to reduce violence against women in all its forms and in all areas of life28. Health consequences Domestic violence against women leads to physical and psychological consequences, some with very dangerous outcomes while physical injury results in the negative health impacts on women, it is among the more visible forms of violence. Physical abuse on women results in injuries ranging from bruises and fractures to chronic disabilities such as partial or total loss of hearing or vision, and burns may lead to disfigurement. The medical problem resulting from FGM can range from hemorrhage and sterility to severe psychological trauma that hampers development of women. Studies in many countries have revealed that high levels of violence both physical and mental during pregnancy resulting in risk to the health of both the mother and the unborn fetus. In the worst cases, sometimes domestic violence can result in the death of the woman- murdered by her current or ex-partner. Girls who witness their mother being physically assaulted a may be more prone to accept violence as the norm in a marriage than those who come from non-violent family. While many children from violent family do not grow up to be violent, those who have witnessed violence in childhood are more prone to become adults who engage in violent behavior both inside and outside their home29. Conclusion and way forward Domestic abuse is a pattern of behavior in a relationship that is used to gain or maintain power and control over an intimate partner in a marriage. This abuse may be in the form of physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. It is a global problem and reaches beyond national boundaries as well as socio-economic, racial, cultural, and class distinctions. An effort has been made by the advocates, public and policymakers to mitigate violence against women and children. Society has assumed greater responsibility for mitigating and ameliorating the effect of domestic violence against women and slowly and gradually it has evolved into a social, criminal justice, community and public health issue. Many studies have found that domestic violence occurs in domestic relationships. The chocking, pushing, insulting and enforcement of decisions on partners were not considered as violence or abuse. These were considered as the normal happenings and inevitable part of marriages and relationships. Reporting of violence and abuse is completely absent and this causes the growth of domestic violence. This development is growing because women feel that is how they have been brought up and it forms their world. Domestic violence also results in denial of fundamental right. So, we need to work together to alleviate domestic violence because Domestic violence against women leads to physical and psychological consequences, some with very dangerous outcomes while physical injury results in the negative health impacts on women, it is among the more visible forms of violence.