Domestic Violence: The Dark Side of the Lockdown

Anjali Gupta
Amity Law School, Noida
A. Renganath
Amity Law School Delhi, Guru Gobind Singh Indraprastha University

The age old patriarchal set up prevalent in countries like India is the reason why women can’t escape the monotony of social injustice. Because of this history of violence committed against women in India which includes child marriage, female infanticide, dowry, sati and stereotyped gender roles where men are believed to be stronger than women, it has become an acceptable norm to abuse women emotionally, physically, sexually, and economically. This scenario has worsened with the world being struck by the novel coronavirus disease or COVID-19 and the imposed lockdown where the disease has turned out to become a pandemic as declared by the World Health Organization (WHO)[i] where more than 10 million people have been tested positive throughout the world and it has brought the lives of people around the globe to a standstill. This pandemic has forced the Indian government to take some severe measures such as imposing lockdown to reduce the spread of the virus, but it has also paved the way to some greater problems like unemployment, poverty, mental health issues, and the dark side of domestic violence which tends to remain the least discussed.

The Ensuing Shadow Pandemic and Role of the Domestic Violence Act:

With the enactment of The Protection of Women from Domestic Violence Act 2005, the Parliament of India went ahead to include not only physical violence but also verbal, sexual, and economic abuse[ii] under the ambit of domestic violence. The Act authorizes Police Officer, Protection Officers, Service Providers and Magistrate to take cognizance of the violence reported to them. Still, most of the cases of domestic violence go unreported, the reason being unawareness, social stigma and women’s lack of confidence that recourse is available. To address this issue the Act designates the duties of these authorities under Section 5[iii] to inform the aggrieved person about her rights which are available under this Act, right to free legal aid under the Legal Services Authority Act, 1987 as well as her right to file a complaint under Section 498A of the Indian Penal Code, 1860.

Globally, in maximum cases the victims of domestic violence are women. In fact, domestic violence cases are one of the most underreported crimes against women. The Executive Director of UN Women recognizes this situation of ongoing violence against women as ‘the shadow pandemic.[iv] This ‘Intimate Terrorism’ is  increasing at a tremendous rate due to the restriction and containment measures to stop the imminent spread of the novel coronavirus which further leads to frustration, stress, unemployment, no job security, reduced source of income, alcohol abuse and the lack of social support. All this makes women and children most vulnerable to such abuses as they are in perpetual proximity with their abusers. The statistics state a 100% rise in domestic violence complaints in India according to the National Commission of Women (NCW) as per the number of cases reported on the helpline number. The NCW received 800 cases alone in the month of April when the country was under complete nationwide lockdown.[v]

All this while emphasis has been given on self-isolation and social distancing which has led to a drop in the crime rate worldwide, especially in crimes like rape, kidnapping, robbery, etc. However, on the other hand there has been a continuous surge in the domestic violence cases. Along with domestic abuse or family violence, the situation may deteriorate further to such an extent that it may lead to a homicide.

Pandemic Induced Instances of Domestic Violence in India:

The confinement at home with an abusive partner is likely to cause greater violence as compared to the threat to life by the Coronavirus. Apart from the husband other family members can also aggravate the situation. This can be analyzed with a recent incident that happened in Delhi in which a young woman,  who was a victim to domestic violence rushed to her mother’s place in Delhi to save herself. After which the nationwide lockdown was enforced by the government on March 25th, due to which she was forced to stay at her paternal home. However, her hopes of living in peace were shattered when she was beaten up by her own brother. As apparently her brother felt she was further adding to the burden of the family where there was already a financial crisis due to joblessness.[vi]

Another incident took place in the southern city of Chennai where an unemployed alcoholic husband subjected his 45-year-old wife to physical abuse while he was deprived of his daily drink. The woman who used to work as a cook for a living had become unemployed because of the lockdown, due to which she was unable to pay for her husband’s drinks. The woman this time had the courage to run out of the house and walk up to the police barricade where she was turned down by the police officer who in turn asked her to go home and sort it out as the police station and courts are shut down during lockdown.[vii]

As per the statement of one of the victims, she is rather willing to die from Coronavirus than her husband’s beating. This abuse is not new for her but what has changed is that she is no longer able to escape the violence due to persistent lockdown. The reverberation of such violence inflicted upon women leads to mental trauma, extreme physical injuries, and increased unplanned pregnancies due to the unavailability of contraceptives given the scenario of COVID- 19.

Emerging Challenges for Women:

The lockdown has resulted in fresh challenges for women as they are unable to reach the police and even if some of them do, they are sent back home without any action being taken. In many cases, the victims don’t want to approach the police because after a couple of days if the husband is released from detention, they still won’t be able to leave the house and go to their parent’s home. In such a case the only option left is sending them to state-run shelters where overcrowding and poor hygiene may lead to the risk of catching Coronavirus. After looking at the cases filed, it is very disheartening to say that home is not the safest place for females in this Coronavirus pandemic.

Usually, women can register their complaint with the NCW using various channels which include visiting their office located in different states personally, telephonic communication, online registration of complaints, email and through social media but under the lockdown, they are left with only three options: social media, email and online registration. However, the majority of women facing this kind of abuse, living in a rural area don’t have access to technology and social media. It is even possible that a fair percentage of them might not even know about the presence of NCW or The Protection of Women from Domestic Violence Act.

The Government by lifting the ban on liquor sale amidst the lockdown has added to the crisis due to which people have not only violated the regulations of social distancing by queuing up in front of liquor shops but also worsened the situation for the women at home. The middle class and lower class women live in a state of fear that their husband shall exhaust all their leftover savings on liquor and end up beating them. Stating the sale of liquor, Kondaveeti Satyavathi, a women rights activist said, “Many men have lost their livelihoods they are already stressed over it and opening liquor shops will only provoke them to drink, and will eventually unleash physical and sexual abuse at home.”[viii]

Way Forward:

The government while finding a solution to fight the pandemic must also address the issue of domestic violence. While the Domestic Violence Act already provides the aggrieved person with the facilities of shelter under section 6 and medical facilities under section 7[ix], but in view of the current pandemic scenario it is not possible for the aggrieved person to move out of the shared household and avail these facilities. In order to address this situation the Central and the State Government must work in coordination with each other and provide remedies which are feasible like, maintaining proper hygienic conditions in these shelter homes and medical facilities. Also, instead of the aggrieved person stepping out and looking for help, a separate dedicated 24×7 helpline no. should be created and awareness should be spread about the same through mass media wherein, the aggrieved person can contact and seek help from the Protection officers appointed by the State Government. These Protection officers should approach the victims and carry out the rescue operation. Apart from the Government the local communities such as shelters and organizations should also step forward and work to reduce the protection gap between the survivors and the services. This approach was adapted by the local communities of Houston, Texas to curb the rising domestic violence cases and it can also help in reducing the burden on the state.[x] 

The State must also be held accountable if it ignores the laws and fails to provide any remedy to reduce the sufferings of such women. By holding the State accountable we can also make sure that proper training and education is provided to the concerned authorities especially in the current scenario of Covid-19 where the authorities must be taught how to protect themselves from coronavirus while protecting the victim from the abuse.

Domestic violence is not a private matter and it must not be considered as a matter to be settled in the shared household itself. It is in fact a global epidemic in itself and a great violation of human rights.

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REFERENCES:

[i] Coronavirus Disease (COVID- 19) Pandemic (2019)<https://www.who.int/emergencies/diseases/novel-coronavirus-2019> accessed 03 May 2020

[ii] The Protection of Women from Domestic Violence Act 2005, S. 3

[iii] The Protection of Women from Domestic Violence Act 2005, S. 5

[iv] Phumzile Mlambo-Ngcuka, ‘Violence against women and girls: the shadow pandemic’ (06 April 2020) < https://www.unwomen.org/en/news/stories/2020/4/statement-ed-phumzile-violence-against-women-during-pandemic> accessed 28 June 2020

[v] ‘Lockdown: NCW receives 315 domestic violence complaints in April’ (2020) < https://www.thehindu.com/news/national/lockdown-ncw-receives-315-domestic-violence-complaints-in-april/article31497599.ece> accessed 05 May 2020

[vi] Shemin Joy, ‘Coronavirus Crisis: No lockdown for domestic violence’ (2020) DH < https://www.deccanherald.com/specials/insight/coronavirus-crisis-no-lockdown-for-domestic-violence-829941.html> accessed 07 May 2020

[vii] Rukmini S, ‘Locked down with abusers: India sees surge in domestic violence’ (18 April 2020) < https://www.aljazeera.com/news/2020/04/locked-abusers-india-domestic-violence-surge-200415092014621.html> accessed 07 May 2020

[viii] Ridhima Gupta, ‘Telangana: Liquor sale in COVID-19 crisis likely to increase cases of domestic violence’ (07 May 2020) <https://www.newindianexpress.com/states/telangana/2020/may/07/telangana-liquor-sale-in-covid-19-crisis-likely-to-increase-cases-of-domestic-violence-2140086.html> accessed 08 May 2020

[ix] The Protection of Women from Domestic Violence Act 2005, SS. 6 & 7

[x] Arielle Avila and Cat Cardenas, ‘Domestic Violence Calls Spike in Texas Cities, While Falling in Rural Areas’ (19 May 2020) <https://www.texasmonthly.com/news/domestic-violence-pandemic/> accessed 29 June 2020