Invisible Bruises: Criminalizing Emotional Abuse In Relationships
- IJLLR Journal
- 2 hours ago
- 2 min read
Vedika Vinod Chavan, KES Shri Jayantilal H Patel Law College
ABSTRACT
“Invisible bruises,” emotional abuse in relationships is common and largely ignored compared to physical abuse where the impact is visible and easy to detect according to the laws of the land; while physical abuse occurs through visible acts like beating or assault, emotional abuse involves psychological manipulation, coercive actions, degrading comments and behavior, and controlling tendencies. The results of such behavior could be evident in cases involving anxiety, depression, psychological disorders, or confusion and low self-esteem.
Emotional abuse is still poorly acknowledged both in society and by law because of its abstract nature and the problems involved in demonstrating its existence.
This research aims to determine whether emotional abuse ought to be criminalized as a distinct crime in India. Emotional abuse violates basic human rights, namely the right to dignity, sound mental health, and the individual’s freedom, thereby necessitating stringent legal measures.
However, there are also some shortcomings associated with the criminalization of the conduct in question, including issues of subjectivity, evidentiary challenges, vague definitions, and potential misuse of the legal provision.
The analysis of foreign legal systems, specifically the United Kingdom, where emotional abuse has been criminalized through the enactment of the Coercive and Controlling Behavior legislation, suggests considering the conduct in question as a pattern of behavior rather than an isolated act. Additionally, the paper recommends the need for legislation that defines abuse, evidence requirements, and process safeguards in order to secure justice.
In summary, the paper recommends a moderate and organized way that treats emotional abuse as an issue that must receive attention legally but without over-legalization and arbitrary application. It is therefore argued that emotional abuse should be handled through not only legal measures but also
increased social sensitization.
Legal measures cannot be able to address the complexity involved in cases of human relations and emotional/psychological abuse.
Keywords: Emotional Abuse, Coercive Control, Mental Cruelty, Criminalization, Evidence Challenges, Human Dignity, Intimate Relationships.
