Covid-19 and Surge in Domestic Violence Cases.

As the people of India are learning to live with the Covid-19 and prepare themselves for the same, the country is experiencing many changes, the majority of which was the traumatic displacement of the weaker sections as well as the surge in the domestic violence cases. The novel coronavirus disease (COVID-19) lockdown is helping keep the virus at bay, but at a cost — several women are locked in with their abusers with no outlet for help.  The National Commission for Women, which aims to help the women who suffer from domestic violence, recorded a more than twofold rise in gender-based violence during the initial lockdown period. 

As this lockdown caused the world to come at a standstill, it caused the rates of domestic violence to rise at an enormous rate. We also know that during times of economic hardship, there is an increase in violent, abusive, impulsive, compulsive, and controlling behaviour and aggression directed towards cohabiting partners. According to the National Commission of Women, the number of cases reported is most likely not proportional to the actual rise in domestic violence. This is because people locked in with their abusers may not be able to get access to a mobile phone, nor space and time to call for help. Being trapped in a space with violent or manipulative individuals could lead to increased rates and intensity of threats, physical, sexual, and psychological abuse, humiliation, intimidation, and controlling behaviour. 

Another significant aspect responsible for this surge in domestic abuse is domestic labour. Gendered roles over the world have placed domestic work on women’s shoulders, which is socially and culturally often demarcated as “women’s work”. This is a social mentality of the people that need to be altered. Not able to do the work leads to the violence over the females which can be in the form of physical or verbal. 

This type of violent abuse mostly prevails in the poorer sections of society. This can be because of the high rate of illiteracy, financial crises, unavailability of food etc. A majority of domestic workers are the principal income-earners of their families. As they stay in unauthorized colonies/slums in cities, usually without any ration cards and identity proof, they cannot avail benefits from the state. Their availability of food is confined to free rations distributed by NGOs or any other organizations. In this section of society, domestic violence is not only confined to the women of the house but also towards their children. 

There is evidence for India that the increased consumption of alcohol by men increases domestic violence against women. During this period of lockdown non-availability of alcohol is also a major reason for this increased rate of domestic violence in the country. It’s not just about the numbers but also the psychological and social impact that the lockdown has on women. This act of domestic violence is self-degrading to the women both physically and mentally. Activists also highlight that the moment there is a shortage of food, as in a crisis situation like this when there is not much commercial activity, the immediate victims are the daughters and mothers in the houses.

With women also losing jobs during the lockdown, their vulnerability has further increased. In many circumstances, whatever little women earn is given to their husband and now, they are not able to as and when he demands. For women, the lockdown has also resulted in an increase in what is called as “unpaid work” at home. The cooking time has increased as all family members are at the house. The women in rural areas have to walk longer for collecting fuel and water thus resulting in the exploitation of women. 

Young girls are more vulnerable during the time of COVID-19 as families are attempting to marry off. A part of them are the minor girls, these girls are the ones who don't know anything about the household work and are thus unable to do so. Unavailability to do this can result in the domestic violence cases for the newlyweds. The pandemic is deepening inequalities, and millions more women and girls now risk losing the ability to plan their families and protect their bodies and their health. With a lockdown in place, no one to turn to and the usual services not reaching them, women living in abusive relationships and their children are forced into or exposed to uncomfortable and dangerous circumstances

The Protection of Women from Domestic Violence Act was enacted by the Parliament of India to protect women from domestic violence. It is a civil law meant primarily for protection orders and not meant to be enforced criminally. India has a patriarchal set up wherein it became an acceptable norm to abuse women. The reasons for the crime against women are many but if we see from the feminist standpoint, we can clearly see the occurrence of domestic violence begins from the patriarchal setup, the stereotyping of gender roles, real or perceived, in society. The domestic violence protection act is a commendable recognition, it contemplates and recognizes wider forms of violence against women.

REMEDIES AVAILABLE IN INDIAN LAWS FOR THE VICTIMS OF DOMESTIC VIOLENCE:

In 1983, domestic violence was recognized as a specific criminal offence by the introduction of Section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a married woman. A punishment up to 3 years and fine has been prescribed. The expression ‘cruelty’ has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for property or valuable security. 

One-stop centres, a scheme launched by Ministry of Women and Child Development on April 1, 2015, aims to provide support to women affected by violence in private and public spaces, within the family, community and at the workplace. The women help desk/ women response team are required to get in touch with the women in distress, provide tele-counselling and visit them if needed. The woman victim could be rescued and sent to her maternal house or shelter home if needed.

We need an aggressive nationwide campaign to promote awareness about domestic violence and highlight the various modes through which complaints can be filed. National news channels, radio channels, and social media platforms must be strategically used, similar to the way in which the government has deployed campaigns advocating for physical distancing and hand washing to combat COVID-19. Citizens must be sensitised towards the increased risks of domestic violence, and bystanders and neighbours should be urged to intervene if they suspect abuse, using tactics such as the banging on the door or ringing the bell. They should also be provided with the benefit of anonymity if they choose to report a case.

CONCLUSION:

Violence against women, and particularly domestic violence forms a vicious cycle that keeps women subordinated and disempowered. While there are laws in place to protect against domestic abuse, it is not easy for the judicial system to break into the stranglehold of the patriarchal family.

Domestic violence is the one that has been and will prevail in the country more than this coronavirus (Covid-19) will exist. This has swept deep into the roots of the country and we cannot get rid of this until the people of the country are determined to do this. This domestic violence is a kind of intimate terrorism that prevails in households. This is something that is creating a void in the steps towards gender equality and progress of the country.

As we take all the necessary steps to flatten the pandemic curve, we need to be equally vigilant to make sure that the shadow the pandemic curve of intimate terrorism does not rise exponentially.

Written by- Anishka Jain
4th Year, BBA.LLB
Centre for Legal Studies,GIBS
Delhi