Domestic violence increase due to COVID-19
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Table of contents
Introduction
Impacts of Domestic violence
- Physical impact
- Psychological Impact
Probable reasons for this surge
- Isolation
- Stress
- Lack of Resources
- Economic Anxiety and Joblessness
- Alcohol
- Women as burden
- No control on anger
Laws regarding domestic violence in India
- Section 498A of the Indian Penal Code
- The Dowry Prohibition Act, 1961
- The protection of Women from Domestic Violence act, 2005
- 2013 Criminal Law Amendment
Landmark case laws
- Rishi Kumar v. State of Haryana
- Dennison Paulraj v. Union of India
- D. Bhanot v. Savita Bhanot
- Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan
- Lalita Toppo v. State of Jharkhand & anr.
Domestic violence helpline numbers
Conclusion
Introduction
During this COVID-19 pandemic there is an increase in domestic violence cases all over the world. Indeed, domestic violence has received national and global attention. WHO reports show that 1 in 3 women worldwide have gone through either sexual or physical violence in her lifetime by intimate partner or by any perpetrator. In any kind of emergency violence against women increases. Domestic violence is often related to sexual or physical abuse but inhumanity finds its way in many other forms, one of the example is of USA, a so-called developed nation women was threatened to be thrown out of home so that they can be infected with COVID-19. Home is not likely to be safe place for domestic violence survivors, said by UK government. They are trying to help survivors through online services such as Live Chat, Survivors handbook, Emails and Survivors Forum. In this pandemic when people are suggested to be at home women are not safe even at home. France came up with the funds to shelter women of domestic violence in hotels.
“According to our statistics, 90% of the violence is related to the COVID-19 epidemic.”- said by Wan Fei, Founder of an anti-domestic violence non-profit. In China number of domestic violence cases has tripled in February as compared to previous year data.
In India Domestic Violence Cases have doubled than what it was before lockdown, specifically in Uttar Pradesh, Bihar, Haryana and Punjab. In claustrophobic spaces with police busy in COVID-19, domestic violence is increasing. The total number of complaints rose from 116(March 2-8) to 257 (March 23 to April 1). Domestic violence cases rose from 30 to 69.
Impacts of Domestic violence
Domestic violence not only impacts the health of the women, it also impacts the health of the children either in the mother’s womb or in his/her young age. It makes women and girls more vulnerable.
- Physical impact– Physical injuries may be done to the victim of domestic violence in order to take out his frustration or to show his supremacy over women.
- Psychological Impact– Emotional and psychological trauma is faced by the victim of domestic violence. It includes stress, depression and anger which may lead to other physical problems such as hormonal imbalance and reproduction problems. Psychological impact lasts longer than the physical impact, wounds will cure with the passage of time however, psychological trauma remains.
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Probable reasons for this surge
- Isolation: Social isolation is the most common tactics used by perpetrators of intimate partner violence. Victim is isolated from friends, family and any outsiders to assert full control over the victim. COVID-19 has forced governments to keep people in isolation.
- Stress: During any disaster we may be lucky enough for not being physically harmed but it always has a psychological impact, which causes extraordinarily stress. COVID-19 has increased the stress level of all the persons as everyone is forced to live in the four walls of the house.
- Lack of Resources: At this time where we are in the middle of a pandemic. Many courts are closed; various NGOs who used to work for Domestic violence victims are not working right now. This has led to the sudden rise of Domestic violence cases.
- Economic Anxiety and Joblessness: Increase in unemployment results in increase in the number of cases of domestic violence. When masculinity is threatened, by way of violence they find a way to regain a sense of power and control. Due to COVID-19 many companies are closed, even the poor people like vendors have been adversely affected.
- Alcohol: Indian government has come up with the concept of home delivery of alcohol. Unfortunately it has increased the number of cases of domestic violence. As alcohol adds fuel to the fire and coupled with other factors like stress and economic issues results in the cruelty of women.
- Women as burden: In India where women are considered as an object is treated as a burden on the economy of the family. In this time of crises, where from rich to poor everyone is economically weak feels women as a burden which leads to the cases of violence.
- No control on anger: Few persons have no control on their anger which leads to the suffering of women and children.
All the above discussed reasons result in the cruelty by any male member on females. Many reasons collectively or in isolation ignited the anger in man, when they are unable to control this anger they harm women and feel satisfied. Ego often plays an important role in these cases.
Laws regarding domestic violence in India
Section 498A of the Indian Penal Code, makes domestic violence a criminal offence. Any cruelty done by a husband or his relatives is punishable with imprisonment up to three years and fine. It also defines ‘Cruelty’ as any wilful act which forces woman to commit suicide or grave injury or danger to life, limb or health (Physical or Mental) of woman. It also includes any demand for property or valuable security. However, it is only applicable on married women. This section doesn’t provide any provision for cruelty on unmarried women. Thus, the scope of this section is very limited.
The Dowry Prohibition Act, 1961 prohibits taking and giving of dowry in any form. If anyone is found taking or giving dowry he/she can be imprisoned for a term of less than five years and fine which is not less than fifteen thousand rupees or the amount of value of dowry. This act was enacted to prohibit dowry because one of the major reasons for domestic violence was dowry demand.
The protection of Women from Domestic Violence act, 2005 is designed to protect the rights of women who experience domestic violence. This act is applicable on women who have been in a domestic relationship whether married or not. It gives the actual definition of ‘domestic violence’ as actual or threat of physical, mental, emotional or sexual or verbal abuse. It also includes harassment of women for property and dowry. Under this act women or her relatives can file complaints. Woman’s right to reside at a ‘matrimonial house’ is also recognized, she cannot be evicted from it. If she is forced to leave home she has a right to seek monetary compensation and safe shelter, free legal aid and medical aid.
2013 Criminal Law Amendment, the objective of this amendment was to provide swifter and harsher punishment to those criminals who committed abuse on women. New offences such as acid attacks, stalking, Voyeurism and publicly disrobing a woman. However, one of the form of domestic violence which results in physical as well as mental abuse of a woman ‘Marital rape’ was left unaddressed by this amendment.
International Centre for Research on Women is evaluating the implementation of the protection of Women from Domestic Violence act. It has its collaboration with Lawyers Collective Women’s Right Initiative to provide legal assistance to the victims of domestic violence.
Landmark case laws
Lockdown sees increase in domestic violence cases 72% of complaints registered at Sakhi-One Stop Centres are related to harassment of women in India.
Wilful conduct also amounts to be an offence under Section 498-A of I.P.C. and In the case Rishi Kumar v. State of Haryana, it was held by the court when the husband was held liable for abusing her wife, beating her, forced her to have a common kitchen with a harijan family, accusing her guilty of adultery, pressurizing her to agree for an abortion is a domestic violence by wilful conduct which comes within the ambit of this section.
Constitutionality of the protection of women from domestic violence act, 2005 was challenged in Madras High Court on the ground that the right to file complaints should also be given to the husband. In Dennison Paulraj v. Union of India, the court held that giving preferential treatment to wife is not violative of Article 14 of Indian Constitution. As, Constitutional itself provide special provision for women and children under Article 15(3) of Indian Constitution.
In the case of V.D. Bhanot v. Savita Bhanot, it was held that the protection of women from domestic violence act, 2005 has been given retrospective effect. The aggrieved person can file application even if the act of domestic violence was done before the commencement of this act.
The right to life include the right to live with human dignity, dignity right means not to be subjected to any humiliating sexual acts. Thus, In the case of Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan, the Court held that sexual abuse by husband also falls under the confines of domestic violence.
‘Palimony’ means grant of maintenance to a woman who lived for a substantial period with a man without being married. Women in live-in relationships are also protected under the protection of women from domestic violence act, 2005. Supreme Court in the case of Lalita Toppo v. State of Jharkhand & anr., also held that maintenance can be claimed by women under protection of women from domestic violence act, 2005 even if a woman is not married with the men. However, not all live-in relationship is covered under this act. It applies on only those cases which qualify to be in relationship in nature of marriage.
Section 2(q) of the protection of women from domestic violence act, 2005 provides that complaints can be filed against any adult male person. So, here the point of controversy arose regarding the fact that a complaint can be filed against any female member who is a relative of the husband such as mother-in-law or sister-in-law. Sandhya Wankhede v. Manoj Bhimrao Wankhede, Supreme Court held that Section 2(q) does not exclude any Female relatives of husband from been sued, complaint can be filed against them as well.
Maintenance of wife under the protection of women from domestic violence act, 2005 and Hindu Adoption and Maintenance act, 1956 is the personal duty of husband. It cannot be subjected to the property of Mother-in-law.
Mother filed a case against her son and grandson under the protection of women from domestic violence act, 2005 and Hindu Adoption and Maintenance Act, 1956 for maintenance and medical expenses. Bombay High Court held that Grandsons are liable to pay maintenance to grandmother under Section 22(1) of Hindu Adoption and Maintenance Act, 1956.
Domestic violence helpline numbers
Government and many NGOs have come up with their helpline numbers and websites to help the victims of domestic violence. Below chart mentions few of them:
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Figure 1- Helpline numbers for women facing domestic violence
The National Commission for Women has launched a WhatsApp number 7217735372, where victims of domestic violence can get help by sending messages on WhatsApp.
To know about common questions by victims of domestic violence during COVID-19 visit WHO website.
Conclusion
COVID-19 has staked human civilization around the world but the question of the hour is, is humanity left in Humans anymore? India is the country of various religions and cultures. In India, women are worshipped like god in the form of Durga or Saraswati. Unfortunately, in the same country few people forget humanity and harms women. Outbreaks of Pandemic leave women and girls especially vulnerable to violence. Government must ensure protection of women rights during a pandemic. It is found that independent women’s groups are single most important factor to protect other women against violence. Frontline workers must be trained to recognise the women of gender or sexual abuse.
Victims of domestic violence in India rarely come forward to seek help, because of the kind of stigma which society attaches. A necessary step is to change the mind-set of society towards women. According to Indian society, role of women is to accept her ‘Fate’ and don’t complain about the cruelty done by her husband or any other person. UN also urged all governments to put women’s safety first while dealing with this pandemic.