Domestic Violence – When Quarantine isn’t Safe!

THIS ARTICLE WAS WRITTEN BY SHACHI SAWLA, A STUDENT OF ALLIANCE UNIVERSITY

Thousands of women are dealing with the issue of domestic violence during the uninvited lockdown that Covid-19 has deliberated. The sway of the virus’s spread on women has cited economic insecurity, increased social isolation and the incapability of women to leave abusive situations are the key reasons for an uptick in violence.

Isolation which is mandated by law has become the main ingredient of a recipe for ‘Disaster’ and ‘… because of the COVID-19 pandemic, isolation is being handed to them(abuser) on a silver platter,” Samra Zafar, domestic abuse survivor turned advocate, said in a recent YouTube video aimed at raising awareness about the risks facing victims during this time.^[1]

As per WHO, one out of every three women in the world experience some kind of physical or sexual violence during their lifetime. The pandemic has turned this situation graver. When people feel helpless in one area, they generally seek more power over other areas. Particularly in cases of domestic abuse, it’s an act of one partner establishing dominance over psychological, emotional, physical, and sexual control over the other partner. Practicing social distancing, mandating school, and business closures and imposing travel constraints may help in control the spread of the infectious virus but seclusion may not be the safest option for many survivors and the added factors like financial anxiety can further compromise their safety. It has given rise to not only domestic violence but also child abuse and pet abuse. The abusers often target small children or pets to further control over the household.

Lockdown has forced victims like Shivangi to remain in a confined space in with their abusers, unable to call for help without being overheard and, with no option of escape to friends or family. The “tsunami” of abuse may become a side effect of the coronavirus pandemic.

Indian Scenario

In the second week of April, the Delhi Police recorded a nearly 2,500 women Delhi itself called emergency helpline numbers which trigger the Emergency Response Support System of the state police. Of these calls over 600 were classified as “women abuse”, 23 calls as reported rape, while 1612 related to domestic violence.^[2]

 Some states like Rajasthan, Madhya Pradesh, and Telangana have reported a decline in the number of domestic violence complaints, while the Punjab State Commission for Women (PSCW) has received at least 30 complaints every day related to domestic violence since March 22.

Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act, 2005 was passed in 2002 and became effective on 13th September, 2005. The act consists of 37 sections allocated into 5 chapters, is a landmark legislation providing legal protection to women. This act acknowledges the trends in the Indian society and tried to overcome women’s right to Domestic violence includes any verbal, emotional, sexual, economic and physical abuse and compensation is provided for all kinds of violence safety in a relationship, be it in a married or share household.

One of the important provision is appointment of Protection Officer (PO). As we are already aware of the fact that women try to avoid the police and the court cases, owing to their family relations and never have been encouraged to raise their voices against their in-laws even now. To help these aggrieved women out from this situation, they can complain to the PO, who would aid them with legal procedures and assistance.

Section 17 is also one of the most important provisions which provides for Right to Residence. As per section 19, magistrate can direct the respondent to remove himself from the shared residence, or secure a same level of accommodation for the complainant, restrain the respondent or his relatives from entering certain portions of the house and can direct the respondent to not alienate or dispose off of the shared household.

Though this provision of sharehold does not provide for substantive property rights, it only gives a Right to Reside. In the beginning, it was observed that there was very less implementation of the act with states like Haryana, Punjab and Rajasthan had not even appointed Protection Officers. Some states gave the charge to the present government officers, who were not trained and could not handle this additional burden effectively. It was found that there was complete lack of infrastructure required with this act.[3]

Section 498A of IPC provides for punishment with imprisonment for a term which may extend to three years and shall also be liable to fine to husband or his relatives who are subjecting the woman to cruelty. A person liable under this section commits non- bailable, non- compoundable and cognizable.

Section 304 B of IPC provides for the girls who were killed by greedy in-laws punished the in-laws if the girl is killed within 7 years of the marriage, if she died under suspicious circumstances, etc. Even if any woman dies after marriage due to any other reasons, the in-laws are immediately booked and arrested under 498A and 304B.

An Unprecedented Threat to Safety

With no clarity of the future, solutions and guidance are needed now. The government can leverage its resources to help victims experiencing domestic violence. The government can create awareness by sharing information like hotlines and general guidelines to reach those victims without singling them out. So that victims can at least contact domestic violence support services or local law enforcement. These resources may conduct well-being forums or arrange for safer sheltering alternatives. Fetching help can be a lifeline for those who are trapped in isolation.

Despite the impending economic recession, it is also necessary that governments make special budgetary and institutional provisions for when lockdowns are lifted and when women are finally able to go out and seek out legal, medical, or psychological redressal.

Women are the backbone of our society. Intrusions are vital to address widespread and mounting abuse and gender subordination. It is time to show them that they are not alone with their challenges but that the government and institutions have their backs.

[1] Bogart, N. (2020, 05). Advocates Scramble To Help Domestic Abuse Victims As Calls Skyrocket During Covid-19. CTV News. <https://www.ctvnews.ca/health/coronavirus/advocates-scramble-to-help-domestic-abuse-victims-ascalls-skyrocket-during-covid-19-1.4923109>

[2] Ratnam, D. (2020, 04). Domestic violence during Covid-19 lockdown emerges as serious concern. Hindustan Times. <https://www.hindustantimes.com/india-news/domestic-violence-during-covid-19-lockdown-emerges-asserious-concern/story-mMRq3NnnFvOehgLOOPpe8J.html>

[3] ‘Domestic Violence Scene in India’ (Lawteacher.net, May 2020) <https://www.lawteacher.net/free-law-essays/family-law/domestic-violence-scene-in-india-law-essay.php?vref=1> accessed 18 May 2020