By Khushi Dua
Recent petitions filed by various NGOs showed an increase in the breeding rate of another virus, i.e. domestic violence in the situation of a pandemic. These petitions have drawn the attention of courts to the social issue of domestic violence that needs to be addressed urgently during COVID-19. Additionally, there seems to be no governmental action to prevent domestic violence during the lockdown.
Background
The whole world is suffering from a black swan (corona-virus) event. It has tremendously affected the social and economic lives of people, but it has a devastating effect on the lives of women[1]. As the global pandemic is increasing, countries are adopting drastic rules to slow down the impact of the virus. States took stringent action to put the whole country under lockdown. Although governments all over the world have asked people to stay at homes, they failed to recognize the increase in domestic violence cases[2]. According to the U.N. Report titled ‘COVID-19 AND ENDING VIOLENCE AGAINST WOMEN AND GIRLS’, globally 243 million women and girls have been subjected to physical or sexual abuse perpetrated by the partner in the last 12 months[3]. The media has also failed to bring the attention of people towards the increasing domestic violence cases in India and across the globe.
We are aware that domestic violence is one of the most common crimes across the world, but the situation is likely to get worst in COVID-19 situation. According to the report of the National Commission for Women, the number of cases of domestic violence has been doubled during the lockdown[4], and it is an issue of grave concern. Thus, the increase in cases of domestic violence cases calls for the attention of authorities to take appropriate actions to deal with this situation during the lockdown. It is pertinent to say that at this stage, it is essential to look into some of the petitions filed by various organisations related to the horrific spur in domestic violence cases.
The plethora of Petitions filed
It is pertinent to note that recently the All India Council of Human Rights Liberties and Social Justice filed a petition to seek directions from the Delhi High Court for implementing effective measures to tackle the situation of women abuse in the country. The statement made by the petitioner, in this case, had made an astounding effect which has also indirectly urged the respondent authorities (Delhi Commission for Women and Government of NCT of Delhi) to take practical steps immediately. He stated that-
“..Apart from the public health crisis due to COVID-19, looms another public health and social crisis, i.e. Domestic Violence and Child Abuse, also referred to as “Intimate Terrorism” by many. Escalating data suggests that “domestic abuse/violence” is acting like an opportunistic infection, flourishing in the conditions created by the pandemic”[5].
The two-judge bench of Delhi High Court, in this case, after hearing the petition stated that the Delhi Commission for Women, Government of the NCT of Delhi and other authorities should convene a high-level meeting to look into the suggestions of the petitioner and also take other necessary steps to curb this menace.
The Jammu and Kashmir High Court also took suo-moto cognizance in the case of Court on its Motion v U.T. of J&K and Ladakh[6], the Court, in this case, also gave suggestions to lessen the menace of domestic violence in the union territories. Some of the notable suggestions include the creation of dedicated funding to address the issue of domestic violence cases, increased availability of call services to report the incidents and also for counselling of domestic violence victims.
Similarly, various petitions in other High Courts[7] have also been filed to urge the Court to intervene in this matter and issue vital directions to ensure the safety of women in the country.
After looking into various petitions filed, it is disheartening to say that home is not the safest place for everyone in a corona-virus pandemic. The situation for women is even more skewed. The lockdown has perpetuated another virus in families in the form of domestic violence. Amidst the lockdown, it is difficult for victims to approach different platforms for seeking help. Therefore, lockdown rules give an additional advantage to perpetrators to abuse women because victims are suppressed, consequently the authorities don’t get to know what is happening behind the close doors of a home[8].
The Way Forward
Women are forced to live with the abusers due to the lack of access to resources. It is also significant to say that in an attempt to flatten the curve, the government has failed to take note of the social issue breeding in the situation of a pandemic. Therefore, it is vital that along with the COVID-19 measures, the actions should be taken towards this issue also as we can’t shut our eyes to the hard reality related to the situation of women in a country.
The challenging question that arises in front of us is-
Whether penal sanctions are sufficient to deter the person from abusing women during a lockdown?
Various studies showed that the lack of financial resources, loss of jobs and food insecurity creates anxiety and tension among people which leads to the incidents of abuses[9]. In this unique situation, punitive actions are not sufficient[10]. Therefore, the government must devise welfare schemes for the people to ensure their financial stability. Psychological support should also be provided to both the perpetrators and victims. Emotional, psychological support and counselling are the most effective remedies to deal with the situation[11].
It is also vital to start a nation-wide program to mitigate the hidden pandemic of domestic violence in lockdown.
The suggestions made by the courts in the case of Sudha Ramalingam v. State of T.N.[12] and Court on its Motion v. U.T.s of J&K and Ladakh[13] should be taken up seriously and adopted by the Central government at the country level. Otherwise, the vicious circle of domestic violence will never end. It is rightly said that-
“Reaching out to people facing domestic violence and in distress needs to be classified as an ‘essential service’ by the government”[14].
The author, Khushi Dua, is a law student at the National University of Advanced Legal Studies (NUALS), Kochi.
[1] Court on its own Motion v U.T.s of J&K and Ladakh, W.P. (C) PIL No. (Unnumbered) of 2020 (J & K High Court, 16/04/2020).
[2] Harshita Kasarla, India’s lockdown is blind to the Woes of its Women, The Wire, available at https://thewire.in/women/indias-lockdown-is-blind-to-the-woes-of-its-women, last seen on 2/05/2020.
[3] COVID-19 and Ending Violence Against Women and Girls, United Nations Economic and Social Council, official record, available at – https://www.unwomen.org/-/media/headquarters/attachments/sections/library/publications/2020/issue-brief-covid-19-and-ending-violence-against-women-and-girls-en.pdf?la=en&vs=5006, last seen on 6/04/20.
[4] Lachmi Deb Roy, Domestic Violence Cases across India Swell since Corona-virus Lockdown, The Outlook, available at https://www.outlookindia.com/website/story/india-news-rise-in-domestic-violence-across-all-strata-of-society-in-the-coronavirus-lockdown-period/350249, last seen on 7/04/2020.
[5] All India Council of Human Rights Liberties and Social Justice v Union of India, 2020 SCC Online Del 537.
[6] Supra1.
[7] Sudha Ramalingan v State of Tamil Nadu, 2020 SCC Online Mad 973; Mohammad Arif Jameel v Union of India, 2020 SCC Online Kar 442.
[8] Caroline Bradbury & Louise Isham, The Pandemic Paradox- The Consequences of COVID-19 on Domestic Violence, 15296, Journal of Clinical Nursing- Wiley, available at https://onlinelibrary.wiley.com/doi/pdf/10.1111/jocn.15296.
[9] Amber Peterman, Alina Potts and others, Pandemic and Violence against Women and Children, Centre for Global Development Washington DC, available at https://www.cgdev.org/sites/default/files/pandemics-and-vawg-april2.pdf.
[10] Supra 8, 9.
[11] Sanjay Vashishtha, Domestic Violence during the Coronavirus Lockdown – Potential Solution from a Criminologist’s Perspective, Bar and Bench, available at https://www.barandbench.com/columns/policy-columns/domestic-violence-and-lockdown-potential-solution-from-a-criminologists-perspective, last seen on 6/04/2020.
[12] Sudha Ramalingan v. State of Tamil Nadu, 2020 SCC Online Mad 973.
[13] Supra 6.
[14] Arjun Kumar, Balwant Singh Mehta and Simi Mehta, The Link between Lockdown, COVID-19 and Domestic Violence, Idr Online, available at https://idronline.org/the-link-between-lockdown-covid-19-and-domestic-violence/, last seen on 17/04/2020.
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