HIGHLIGHT: More than 300 participants from across India who joined for the webinar and more than 100 questions over the discussion by the distinguished panelist in a webinar conducted by Association of Indian Law Institute Alumni (AILIA) In Association with The Indian Law Institute New Delhi

COVID-19 crisis has triggered countrywide lockdown, a situation of no escape from the confines of home. Everything came to standstill except crime and one such offence was domestic violence. The concern was raised when it was reported a spike in domestic violence cases across India during the lockdown. The biggest challenge in fighting the menace is already-underreporting of the offence and the pandemic added to worsen the situation by providing inaccessibility of the legal recourse as courts too were functioning with limited capacity. So the webinar was an important informative interaction with the two leaderships of the two important organisations- Delhi State Legal Service Authority (DSLSA) and National Commission for Women (NCW) directly handling the issues. The webinar covered three important points:

• Accessibility of the legal assistance to the victim of domestic violence.

• Possible relief within the existing framework

• Adequacy of the existing remedies.

DISTINGUISHED PANELIST

DOMAIN OF DISCUSSION

Whether the system had anticipated such a huge spike in domestic violence cases during the lockdown?

Justice Hima Kolhi responded affirmatively that Delhi State Legal Services Authority/DSLSA was in anticipation of such rise of cases in domestic violence. Citing the analogy of the conclusion from lockdown in Europe which brought a spike in domestic violence cases by 30%, the similar anticipation was even within knowledge of the system for India. COVID pattern affecting the supply chain, medical facility, government resources brought women within the ambit of worst affected gender during the pandemic. Bringing out the hardships of women in COVID due to salary crisis and being confined in the home with the responsibility of senior citizens, children at home and husbands who were working from home.

The mounting emotional crisis with the responsibilities was being handled by women without the full time and part-time help.

The Hon’ble Chairperson of National Commission of Women rightly reasserted the reality that women are the worst victim in any disaster. But yes, the Commission was not anticipating the flood in the number of offence during the lockdown would double.

During the lockdown, women were lockdown with the perpetrators and were unable to take help from usual sources-like parents, police friends to resolve the domestic violence crisis.

Visualising the situation, that women were confined in one room may not be even able to discuss the issue, the National Commission for women started with the idea of Whatsapp number as a helpline. However, with the launch itself, they were flooded with the message. Very soon the Commission came out with even 24*7 helpline. The helpline number was working closely with the police and the District Legal Service Authority for resolving the issue.

Chairperson of the National Commission highlighted that most of the cases received by them were from Uttar Pradesh followed by Delhi.

What was done to spread awareness about the accessibility of legal assistance?

Justice Hima Kolhi apprised that the District State Legal Services Authority was working with the LAST MILE CONNECTIVITY initiatives to reach the victim since vice a versa in lockdown was not possible. DSLSA has a dedicated toll free helpline, Whatsapp helpline was available throughout the period. Even a missed call was enough to reach out to the victim. DSLSA ensured that it worked around in the situation by ensuring accessibility and without causing trauma to the victim.

DSLSA also has launched VIDHI SEWA MOBILE APP to provide legal aid. This was given wide publicity in the digital and print media.

NCW on the other hand use to advertise on Doordarshan during Ramayan, Social media wherein the Chairperson use to personally handle the disputes. NCW approached the women in shelter homes, one-stop centre. Now the NCW is also starting a counselling helpline, especially for mental health as well.

What was the accessibility level for the people of the underprivileged section who do not have a mobile phone?

Justice Kolhi appreciating the question threw light that DSLSA had brainstormed even for that situation and hence the authority connected with Anganwadi workers, mother dairy booths by sensitizing them to display circulars of the helpline numbers, chemist etc to connect with victims.

Smt. Rekha Sharma, on the other hand, highlighted the fact that women do not have even knowledge about them being a victim of domestic violence- it is like a situation of Stockholm syndrome wherein the women are in love or are so used to the situations as they have seen it while growing up in their household.

During the lockdown, NCW was not able to access through State Commission so the handholding with NGO to reach out to victims like with their famous RED DOT campaign. However, there are many places where they could not reach much as many agencies were not working.

Whether the offence of domestic violence is restricted to particular strata or its spread all across the society?

Domestic violence is not restricted to any particular strata, irrespective of their education and qualification as the sad situation exists in the society. The situation is grimmer for those who are at the fringe but even richer are not less vulnerable but more reserved to express. This was unanimously expressed by both the esteemed guest.

Smt Sharma rightly highlighted the need to change the mindset of the parents to ensure their daughters that they have a home in case she faces ripples in her marriage. Till we change the mindset, women will take the beating upon themselves.

How does this organisation-DSLSA & NCW handle the complaint and how lockdown has impacted the functioning of these organisation?

DSLSA has a pool of counsellors and nodal officers. These officers direct complaints to the counsellors and there is a provision of tele-counselling both with the victim and if the situation permits even to the abuser to resolve the crisis. If tele-counselling fails then the DLSA counsel can file a petition for redressal from the court.

Smt Sharma appreciated the role of police in handling such matters during lockdown when the complaints were routed through NCW for their attention unlike before when the victim was directly accessing the police.

Is the present law adequate to tackle domestic violence?

Regarding the issue of adequacy, her ladyship mentioned victim of domestic violence would walk up to court as last resort. They are actually looking for someone who can counsel them first to resolve the issue. First is the support system, that they will look for the help of counselling to resolve the issue. Accessibility of system should penetrate deeper into the society unless that is done, any number of laws will not help.

Regarding the health services for such victim, Smt Sharma highlighted the need for separate health services for women.

Questions & Answers

The important question was raised to highlight the role of family for handling the situation.

The Q and A session also brought to highlight the situation shown in the movie Thappad.

The Q & A discussion also highlighted the fast track court system for domestic violence- It was told that immediate remedy is also available from the designated protection officer. The Suo moto petition filed before Jammu and Kashmir and Delhi High Court also got mentioned during the webinar.

The important catchline of Q n A session was mention of gender sensitivity of the Domestic Violence Act raised by a participant and so aptly comprehended by Justice Kolhi:

In our society, we haven’t reached a point where men need protection from women. When the time is right where women have the upper hand and executive take note of it to make laws for protecting men. Not there is no misuse of law but that is true across the board and the same can be handled by throwing out such petitions on baseless facts but we cannot conclude to trash the law. Whereas in our society, it is largely such where it is true women is a victim.

NCW also highlighted about connecting with NCPCR and also the cases are followed in terms of the action taken report.

The webinar on this note brought several important points of discussion especially from the perspective of lockdown.

Media Partner: Indian Law Watch