COVID-19 & Domestic Violence : When the Home is not Safe | By Mahima Kumari

When the whole world is grapple with a new disease coronavirus, COVID-19, and staying home is the only option to protect themselves but for those experiencing domestic abuse –the vast majority of whom are women, children, and LGBTQ +individual home is a dangerous place.

Definition

Understanding its definition can help us to take more effective action against its manifestation of abuse. Domestic violence is a pattern of abusive behavior the purpose of which is to gain control over a spouse, partner, girl/boyfriend, or intimate family member.

Globally the victims of domestic violence are overwhelmingly women, sometimes victim even may not realize that abusers are inflicting domestic violence on them and they thought it must be a family conflict which goes out of control.

It was in the year 1989 that a committee of United Nation recommended that its member state should act to protect women from violence of any kind and especially that occurring within the family. With a view to give effect to these recommendations and also keeping the Fundamental Rights in mind guaranteed under the articles 14, 15, and 21 of the Constitution of India, the Protection of Women from Domestic Violence Act, 2005 was enacted. This law came into force on 26 Oct 2006 and it was a giant step in the realization of the goal eliminating all kinds of harassment, cruelty, and abuse of a woman at her household work done by her relative.

    Sec 3 of the act provides what constitutes domestic violence. It recognizes four kinds of domestic violence:  

1. Physical abuse:- Means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or development of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse.  
   
2. Sexual abuse: - It includes any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of women.
3. Verbal and emotional abuse: - It includes insults, ridicule, humiliation, name-calling, and insult or ridicule especially with regard to not having a child or a male child.
4. Economic abuse: - It involves maintaining control over financial resources, withholding access to money, or attempting to prevent a victim or survivor from working in an effort to create financial dependence as a means of control.

How this Pandemic has escalated cases of Domestic Violence?

“For many women and girls, the threat looms largest where they should be safest. In their own homes... We know lockdowns and quarantines are essential to suppressing COVID-19. But they can trap women with abusive partners”.

 –UN Secretary-General Antonio Guterres.  

As the on-going pandemic epitomizes global isolation there is no mystery that the rate of reported domestic violence has also gone up. During the first four phases of the COVID-19 related lockdown in India, women have filed more domestic violence complaints than recorded in a similar period in the last 10 years. But even this unusual spurt is only the tip of the iceberg as 86% of women in India do not seek help who experience domestic violence like in rural areas due to lack of awareness or resources they do not file cases against violence. Not only the developing countries like India became victim to this curse during the pandemic but also highly developed countries like UK, USA, Australia, France, Germany, Hong Kong, and many more countries succumbed to it as the more domestic violence helplines and shelters across the world are reporting rising calls for help. Prior to the pandemic, it was estimated that one in three women will experience violence during their lifetime and now many of these women are now trapped at home with their abusers and are at increased risk of other forms of violence as overloaded healthcare systems and disrupted justice services struggle to respond. 

Causes of Surge in Domestic Violence

There are numerous factors to the cause of the surge in violence during this pandemic. In many of the cases, domestic violence goes up whenever families spend time together like festivals, summer or winter vacations, and at the present time, this pandemic himself gave this time to spend time together.  

    From job loss to stay at home order, the resulting isolation makes this an incredibly dangerous time for victims of domestic violence. Loss of income, especially for males leads to lesser control over economic security and thereby making them exert more control on their partners, this scenario is worse if a female spouse is employed and the male is unemployed. The increasing financial burden and the needs of the family especially in poor strata of the society are making the situation worse.

    Another important aspect responsible for this surge in domestic abuse is domestic labor. Gendered roles all over the world have placed domestic work on women's shoulders, which is socially and culturally often demarcated as “women's work”. During this pandemic, the work load of women has increased due to all the members being at home. With housekeeping staff being unavailable, the expectation is for women to do all the tasks and that too with full efficiency and productivity, and chances of violence increase if she fails to do so. Such a sorry state of affairs definitely comes under the umbrella of factors that perpetuate this violence.

Government Measures to curb Domestic Violence during Pandemic

With cases of domestic violence swelling every day, the situation is becoming very grim. And it becomes the duty of the executive and the judiciary to implement the laws and take effective measures in cases of non-compliance. 

The Jammu and Kashmir High Court took suo moto cognizance and on 18 April 2020, offered slew directions that include the creation of special funds and designation informal spaces for women such as grocery stores and pharmacies where women could report abuse without alerting the perpetrator. 

The Karnataka High Court too has asked the state government about the helplines and action taken on domestic violence complaints. 

In Tamil Nadu, some protection officers appointed are allowed to move during the lockdown and some women in dangerous situations are being rescued and have been moved to shelter homes. In UP, the state govt. has initiated a special helpline for victims of domestic abuse under the title "Suppress Corona, not your Voice". 

The National Commission for Women (NCW) also launched WhatsApp helpline numbers to protect them from harassment and in grave cases, Crisis Intervention Centre (CIC) through counselors accompany the aggrieved person and make possible the recourse to public authorities.

Clearly, the steps taken are appreciated but they are not sufficient to handle the emerging statistical numbers in cases of domestic violence.

What we can do to help the Victims

• Be vigilant neighbors: Now is the time to act if you hear or see anything that concerns you. We are all home, and we are all bystanders. If you're concerned or have a gut instinct that something is wrong, do not hesitate. Call the police right away.
• Check-in with your loved ones who may be experiencing domestic violence or abuse in the home. Many victims will choose to hide or manage their experiences and not reach out, while many are not allowed to make contact with anyone. Family and friends can make a difference by calling loved ones regularly to check for them.
• Set up a safety alert with those who are experiencing domestic violence. Come up with a secret code or signal. Pick a unique emoji, or a “one ring hang up” knowing that when you receive it, it means 'send help'. 

Conclusion

There is no doubt in the fact that the judiciary even in these tough times has imparted its services in a very hardworking way by establishing virtual courts and ensured justice to the victims. But still, the efficacy of policies and redressal mechanisms needs reassessment in one way or the other. Not only the physical but also the emotional and psychological health is at stake when an act of domestic violence takes place against her. So, we need to build a safe and secure place for women by ensuring checks and balances.

This menace can be banished completely by way of “community-based network” between the societies/communities and among people which will instill a sense of fear or shame before the commitment of such an act by the abuser.

*The Author is a Second-year student of B.A.LL.B(Hons.) at Law School, BHU.

Image Source - theguardian.com