Introduction
In cases of domestic violence, people usually associate themselves with physical wounds or verbal threats. Not all types of domestic violence have visible signs of abuse. One of those types that is mostly neglected but at the same time extremely dangerous is financial abuse. It refers to a type of manipulation when one person gains the power to dominate another through restricting access to finances, property, job, or any financial transactions. It is different from physical abuse because it takes place secretly in a closed environment and is perceived as a part of regular money management.
A good marriage presupposes trust, mutual respect, equality, and common responsibility. Financial choices should contribute to building this relationship but not turn into means of domination. In practice, in a great number of relationships, one of the partners uses money as an instrument of dominance over his/her spouse. The victim does not have access to financial resources, is not allowed to work or give money back home. Such type of control eliminates a person’s self-confidence and independent life.
In the Indian context, where there is a rigid pattern of role allocation that assigns economic dominance to one partner, economic abuse usually passes unnoticed. Often, the victim suffers from this abuse for many years without knowing that he or she is being subjected to an act of domestic violence. While society is becoming more aware of emotional abuse, economic abuse requires an equal focus due to its relation to freedom and dignity.
Understanding Financial Abuse
Financial abuse can be described as any act committed deliberately with an aim of controlling or manipulating the financial activities of the other party in order to create dependency. This may start off very subtly, like asking about each expense or taking care of all financial matters. Eventually, it may lead to financial dominance.
Financial abuse is not the same as a financial dispute that involves budgeting or saving money. This form of abuse is all about control. The perpetrator
consciously deprives the abused person of any financial freedom in a way thatthey cannot fulfill their needs and leave the relationship. Financial abuse is very effective because of the need for financial independence in terms of getting a roof, health services, education, etc.
Financial abuse may occur alongside emotional, psychological or even physical forms of abuse. Often, the abused person is unable to move out due to lack of finances.
Common Forms of Financial Abuse in Marriage
The form of financial abuse may vary greatly and not every victim suffers from similar experiences. Here are some of the most typical cases of financial abuse:
One of the ways of financial abuse is denying the victim access to finances. In this case, the abuser has full control over bank accounts, passwords, and other documents related to finances. The victim has to beg for the money needed even for buying food, medicine, or other things.
Another type of financial abuse lies in the refusal to allow the victim to work, get education, or develop professionally. This way, the abuser denies any possibility of earning money to the victim. Quite often, the victim has to give up his/her salary even if he/she works somewhere. In this case, all the income received goes to the abusive partner.
Also, sometimes, the abusive spouse takes debts in the name of the victim through the use of the latter’s documents, signatures, and bank accounts without any consent.
Another issue of manipulation that one can face pertains to property. The victims could be cheated out of their rightful share of joint property or inheritance. Information pertaining to finances is withheld on purpose, which makes it impossible for the victims to make any decisions about investing or saving money.
Sometimes, the abuser might go ahead and completely erase the financial identity of the victim by withholding documents like the Aadhaar card, PAN card, certificates, passports, or bank papers.
Legal Protection in India
Financial abuse may not be an independently recognized crime under Indian law; however, economic abuse is covered under the law as a type of domestic violence.
Section 8 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), identifies economic abuse as one of the various types of domestic violence. This involves depriving the woman of financial resources, disposing off property in which the woman has interest, restricting access to joint property, as well as refusing maintenance or support to her. Remedies for victims include protection orders, residence orders, monetary relief, compensation, and other remedies available under law.
Furthermore, Section 498A of the Indian Penal Code (which has been repealed in Bharatiya Nyaya Sanhita to deal with cruelty against a married woman), has covered cruelty committed by the husband or his relatives, particularly when there is harassment of the wife due to unlawful demands causing any bodily injury or serious mental or psychological injury. Financial abuse may be included within such cruelty depending upon circumstances.
The Indian judiciary is becoming aware that domestic violence is not restricted only to physical abuse. Cases have established that economic domination and denial of finances can have serious implications on one’s dignity and independence.
Need for Reform
However, despite the above legal regulations, financial abuse still goes underreported. It is important to raise the level of legal awareness so that victims knew what their rights were.
In addition, financial literacy courses can be recommended for the population, preferably for women, which would teach them how to deal with banking transactions, investments, and other financial issues independently. Joint property management and financial planning in families can prevent any form of economic control.
Furthermore, companies, schools, banks, and other communities can contribute by assisting the victims of financial abuse, providing them with counseling, legal
and financial help in order to restore their independent lives. Finally, it is also important to increase the institutional awareness about the problem of economic abuse through training police officers, protection officers, lawyers, and judges. Guidelines for detection and dealing with economic abuse would improve legal proceedings and proper application of legislation.
Conclusion
Financial abuse is one of the least acknowledged and most destructive types of domestic violence. It deprives people not only of money but also of their dignity, freedom, confidence, and autonomy. The fact that financial abuse often goes hand in hand without any physical abuse leads people to underestimate the problem. Nonetheless, lack of any bruises does not mean that there is no victim who has suffered immensely.
The basis of a strong marriage is equality, mutual respect, openness, and responsibility. Money matters must not frighten anyone. Therefore, it is important to treat financial abuse as an act that violates the human rights of the person. With the help of better legal protection, financial education, awareness among people and society, victims will be able to recover financially and live with dignity and confidence.
