Webinar on Domestic Violence During Lockdown

            COVID 19 & LAW WEBINAR SERIES: WEBINAR 4

(Date: 10.06.2020)

(Time: 5.00 P.M to 6.00 P.M)

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TOPIC

DOMESTIC VIOLENCE DURING LOCKDOWN: AN INVISIBLE PANDEMIC?

1. BACKGROUND

The violence against or abuse of persons, more particularly women, in a domestic relationship is a worldwide phenomenon. It is found in almost all societies irrespective of socio-economic, cultural, racial or class distinctions. The disturbing fact is that violence against women is squarely a question of power, the need to dominate and control.^[1] Many a times domestic violence goes muted owing to the constructed stigma laid down by patriarchal structures.^[2] Researchers say that as the nature of the family becomes more private against the earlier concept of public institution, the family tends to be more insulated from social control and, therefore, at potentially greater risk for domestic abuse.^[3] The problem of domestic violence continues to exist even today notwithstanding enactment of penal and other laws and creation of institutions to protect women from such violence. Its continued existence in societies that call themselves civilized is morally reprehensible. What is really unfathomable is the surge in the number of cases in these times of crisis that has hit the humankind in an unprecedented way.

2. DOMESTIC ABUSE AND COVID 19 PANDEMIC

Currently, the world is reeling under the COVID-19 pandemic. In order to contain further spread of the virus, complete or partial lockdowns have been imposed in most of the countries. Amidst the fight over Corona pandemic, the world is also facing the pandemic of domestic violence. UNFPA and its partners Institutions in the USA and Australia predicted a 20% increase in domestic violence during an average three-month lockdown in all 193 UN member states.^[4]

Reports of the media and concerned authorities across the globe reveal that there has been an alarming increase in the domestic violence due to the combined effect of economic and social stresses brought on by the pandemic, as well as restrictions on movement. As per the report published by the United Nations, in countries like Argentina, Canada, France, Germany, Spain, UK and USA, women’s rights activists and civil society partners are expressing concerns over increase in the number of cases during the crisis, and demanding for emergency shelters.^[5] The report also highlights the wide under-reporting of domestic and other forms of violence. In South Africa, authorities said there were nearly 90,000 reports of violence against women in the first week of a lockdown.^[6] Since the pandemic, as per the UN report, Lebanon and Malaysia have seen the number of calls to help lines double, compared with the same month last year; in China they have tripled; and in Australia, search engines such as Google are seeing the highest magnitude of searches for domestic violence help in the past five years. The report further states that in the last 12 months, 243 million women and girls (aged 15-49) across the world have been subjected to sexual or physical violence by an intimate partner and this can rise up during pandemic. Taking note of the surge in the number of cases, UN Secretary General expressed serious concerns stating that “Many women under lockdown for COVID 19 face violence where they should be safest: in their own homes.” He appealed “for peace in homes around the world.”

Phumzile Mlambo-Ngcuka, Executive Director of UN Women aptly pointed out that, at a time where domestic violence goes under-reported, with less than 40 per cent of women who experience violence seeking help, this pandemic is making reporting even harder, because of “limitations on women’s and girls’ access to phones and help lines and disrupted public services like police, justice and social services.”^[7] The worst to happen is de-prioritisation of services like shelters, health care services, police and justice sector services.^[8] These disruptions may also be compromising the care and support that survivors need, like clinical management of rape, mental health and psycho-social support. Nations across the world are coming up with various initiatives to make sure domestic abuse is tackled with the limited resources.^[9]

Looking into the surge , WHO^[10], OHCHR^[11] and UN Women^[12] have put forward certain measures to combat the domestic abuse in the current scenario such as declaring gender based violence related services as essential, expanding availability of alternative accommodation to avoid confinement with abusers, informing victims about available services, put women at the centre of policy change, solutions and recovery etc.

The gendered impact of Corona Pandemic in India is also profound touching all areas of life. It is a fact that the worst hit amongst all is the low income households where economic loss owing to job loss aggravates the misery of domestic abuse^[13]. Moreover the gender stereotypes and harmful masculinities under COVID-19 circumstances; increased household care work for women coupled with financial insecurity/unemployment also increases mental stress for women confined within the domestic walls. India’s National Commission for Women (NCW) has registered 587 domestic violence complaints between March 23 and April 16, which throws light on the significant surge from 396 complaints received between February 27 and March 22.^[14] Looking into the gravity of the issue, Delhi High Court had taken cognizance in the writ petition and ordered the government machineries to work out on all possible ways within the ambit of Domestic Violence Act, 2005.^[15]

How this problem of domestic violence can be tackled in India during the lockdown is the question that confronts the legal system and the civil society.

3. ISSUES FOR DISCUSSION

• When it comes to protecting women from domestic violence, lack of awareness and under-reporting of cases has always been the two major obstacles even before the pandemic. It is even more difficult to address these problems now owing to the lockdown. What measures/steps can be taken to create awareness and ensure access to the legal remedies to the domestic violence victims during the time of the pandemic.
• Are the remedies provided under the existing laws – the Indian Penal Code and Protection of Women from Domestic Violence Act, 2005 – adequate and efficacious enough to combat domestic violence in India even during this period. If not, should the State take additional measures suggested by the OHCHR and UN Women?

SUGGESTED READINGS

1. WHO Report on “COVID 19 and Violence Against Women”, available at :https://www.who.int/reproductivehealth/publications/emergencies/COVID-19-VAW-full-text.pdf?ua=1
2. “COVID-19 AND WOMEN’S HUMAN RIGHTS: GUIDANCE”, available at: https://www.ohchr.org/Documents/Issues/Women/COVID-19_and_Womens_Human_Rights.pdf
3. “COVID-19 and ending violence against women and girls,” available at :https://www.unwomen.org/en/digital-library/publications/2020/04/issue-brief-covid-19-and-ending-violence-against-women-and-girls#view
4. All India Council of Human Rights, Liberties and Social Justice v. Union Of India WP(C) 2973/2020 & CM APPLs 10318/20,Decided on 24th April,2020.

[1]Parliamentary Assembly Committee Report, “Committee on Equal Opportunities for Women and Men” Available at: http://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewHTML.asp?FileID=9815 (last visited on May 25, 2020).

[2]“COVID-19, Domestic Abuse and Violence: Where Do Indian Women Stand?” available at :

https://www.epw.in/engage/article/covid-19-domestic-abuse-and-violence-where-do (last visited on June 5, 2020).

[3] Sandra L. Martin, Amy Ong Tsui et al, “Domestic Violence in Northern India”, Volume 150 Issue 4 American Journal of Epidemiology 417-426 (15 August 1999), also available at: https://doi.org/10.1093/oxfordjournals.aje.a010021(last visited on June 4, 2020).

[4]“ ‘Calamitous’: domestic violence set to soar by 20% during global lockdown” available at :

https://www.theguardian.com/global-development/2020/apr/28/calamitous-domestic-violence-set-to-soar-by-20-during-global-lockdown-coronavirus (last visited on May 29^th, 2020)

[5]“COVID-19 and ending violence against women and girls,” available at :

https://www.unwomen.org/en/digital-library/publications/2020/04/issue-brief-covid-19-and-ending-violence-against-women-and-girls#view (last visited on June 3^rd , 2020).

[6] “Global Lockdowns Resulting In ‘Horrifying Surge’ In Domestic Violence, U.N. Warns” available at:

https://www.npr.org/sections/coronavirus-live-updates/2020/04/06/827908402/global-lockdowns-resulting-in-horrifying-surge-in-domestic-violence-u-n-warns (last visited on May 23^rd , 2020)

[7]Supra note 5.

[8]“COVID-19 AND WOMEN’S HUMAN RIGHTS: GUIDANCE”, available at : https://www.ohchr.org/Documents/Issues/Women/COVID-19_and_Womens_Human_Rights.pdf (last visited June 4,2020)

[9]Id.

[10] World Health Organisation, “COVID 19 and Violence Against Women, 2020”. Available at https://www.who.int/reproductivehealth/publications/emergencies/COVID-19-VAW-full-text.pdf?ua=1 (Last visited on June 4, 2020).

[11]Supra note 8.

[12]Supra note 5.

[13] Supra note 3.

[14]“Locked down with abusers: India sees surge in domestic violence” , available at:

https://www.aljazeera.com/news/2020/04/locked-abusers-india-domestic-violence-surge-200415092014621.html (last visited on May 25^th , 2020)

[15]All India Council of Human Rights, Liberties and Social Justice v. Union Of India WP(C) 2973/2020 & CM APPLs 10318/20 ( Decided on April 24^th ,2020)