Open Access Research Article
“The Pandemic: A Legal Quagmire for Domestic Crimes” (By -Yash.H.Khandvilkar)
Published Paper
Article Details
“The Pandemic:
A Legal Quagmire for Domestic Crimes”
Authored By -Yash.H.Khandvilkar
T.Y.L.L.B Student of New Law College, Mumbai
INDEX
Abstract
Introduction
Data-points to be considered
Causes for underreporting of Domestic
Violence Cases
Novel Forms of Violence Against Women
and Girls (VAW&G)
Child Victims
Access to Health Services
Access to Justice
Challenges faced by Women's
Organizations
Government Initiatives
Conclusion
India
formally recognised domestic abuse as a criminal offence in 1983. Prior to the
passage of the PWDVA in 2006, there was no special civil legislation that
addressed the intricacies of domestic abuse, such as the underlying reality of
violence within family networks and the need for protection and maintenance of
victims of abuse. The mere punishment and incarceration of the offender does
not indicate that justice has been fully served. The complete recovery of the
person should be the primary objective. Domestic abuse is ubiquitous and deeply
ingrained in India, and its prevalence was widely highlighted during the
COVID-19 lockdown. Gender-based violence is violence done on a woman solely on
the grounds of her gender. It involves physical, mental, or sexual damage,
coercion, and deprivation of a fundamental freedom. Domestic violence (DV),
non-consensual sex and other types of sexual assault, trafficking of women,
female genital mutilation, and dowry-related fatalities are examples of this
type of violence. This negatively impacts not just a woman's physical state,
but also her level of productivity, belief in self-sufficiency, confidence, and
general quality of life. This paper investigates the impact of the COVID-19
domestic violence lockdown on women and children, crucial data points, novel
forms and intensity of this violence, the causes behind them & behind
underreporting of such cases and women's responses through an analysis of cases
and available data. It also assesses the reaction of governmental authorities,
their initiatives, both at State and National level as well as the problems
faced and techniques employed by civil society organisations, which have been
engaged for years in offering and ensuring survivors' access to support
services.
On a civilisational level, the
COVID-19 pandemic, has proved to be one of the most insidious threats to
humankind. The disease's malevolent consequences are not just confined to the loss of life, but also
have tumultuous socio-psychological ramifications. Over 63,39,899 individuals
have perished from 54,79,01,157 confirmed cases despite a total of
12,03,72,59,035 vaccine doses as of 5:52pm CEST, 5 July 2022[1].
The psychological impact of the Covid19
pandemic and the subsequent lockdowns is incomprehensible, causing cardiac
arrests, anxieties, worry, and grief, not just among ordinary populace but even
within the highest class of citizens, culminating to an alarming increase in
suicidal and other psychiatric conditions. However, the impact of this scourge
on women, children, and already vulnerable segments of society has been even
more grievous
and to add to that, any state or country other than the so-called first world
countries have faced the brunt of this quandary to the highest of degrees.
World
Health Organisation Data : India[2]
Considering the aforementioned data
is accurate, one can calculate that in India itself the loss of life is
approximately at 1.2%, the fact of the matter being these 5,25,242 individuals
are not just numbers, they were mothers, fathers, sons, daughters, brothers,
sisters, husbands, wives and so much more, who are now survived by their
‘dependants', at the least emotionally if not monetarily. This has caused an
overwhelming wave of socio-psychological negativity among members the society
as a whole. This wave of socio-psychological negativity compounded with the
claustrophobic & immure nature of the lockdowns wherein individuals were confined
within the four walls of their houses without much of an external stimulus that
people usually enjoyed due to regularly venturing outdoors that was frequent in
the pre-pandemic times has actually resultantly exuded certain dormant
traits of
individuals which have caused this frustration to be exhibited in forms of
violence. That being said, is not to be misunderstood as an excuse to the
drastic increase in domestic violence cases.
Although domestic violence has long
been a problem in Indian culture, it escalated at an alarming rate during the
COVID19 outbreak. The National Commission for Women (NCW[3]), which handles reports of
violence against women from around the country, has seen a more than two-fold
rise in complaints since the country went into lockdown.
Women:
•
While
116 complaints from women were received in the first week of March, the number
climbed unnervingly to 257 in the week after the lockdown's proclamation (March
23- April 1, 2020). Domestic abuse was the subject of approximately 27% of the
257 complaints they received.
•
If
we compare statistics from 3 months of January to March 2020 when there were
approximately 4200 complaints, with 870 odd occurrences of domestic abuse and
intimate partner violence documented which stands at around 20% of the total.
•
In
its contradistinction, within the 2 months
of April and May, NCW received over 3000 complaints of crimes against women,
around 1400 or 47% of which were incidents of domestic abuse and violence by intimate
partner[4].
•
Over
the same time period, the number of rape or attempted rape complaints increased
dramatically from two to thirteen[5].
•
A
man strangled his 19-year-old wife to death in Thiruvananthapuram, Kerala, when
she persisted on visiting her parents during the lockdown. He forced her to
consume an alcoholic beverage by gripping her neck and cheeks. He strangled her
and hung her corpse from the ceiling fan in the house to pass it off as suicide
after getting her drunk[6].
•
A
man in her housing society threatened to rape a junior doctor at AIIMS
Bhubaneswar, Odisha, if she did not immediately leave her leased apartment,
fearing that she would spread the infection in the society[7].
These are a few examples of the increment in the number of such violations during the period of the lockdowns imposed. It is noteworthy that all of this data is reported, collected and received by the authorities, but in India and all over the world undoubtedly there were many such cases which went undetected due to non-reporting based upon various reasons.
These are a few examples of the increment in the number of such violations during the period of the lockdowns imposed. It is noteworthy that all of this data is reported, collected and received by the authorities, but in India and all over the world undoubtedly there were many such cases which went undetected due to non-reporting based upon various reasons.
•
Both
working and jobless women experienced violence; however, unemployed women were
more susceptible and impacted. More over half of working women (52%) had VAW
experiences, whereas 48% of jobless women claimed the same.
•
In
comparison to working women, more jobless women (33%) reported feeling unsafe
at home (26 per cent).
•
Women
in rural regions reported feeling more frightened going alone at night (44%),
compared to women in metropolitan areas (39 per cent).
•
One
in every five women said they felt insecure going alone during the day, and
nearly half said they felt unsafe walking alone at night.
•
Women
in Bangladesh (72%), Paraguay (62%), Kenya (60%) and Colombia (60%) were more
likely than respondents in the other nations studied to report feeling insecure
at night.Domestic abuse rose for nearly seven out of ten women throughout the
epidemic. These were accounted for in terms of how women perceive the trend,
which is indicative of their worries.
•
The
poll also looked at how VAW affects the mental and emotional health of women:
More than two-fifths of women (41%) experienced "deterioration of mental /
emotional health." According to the study, this might be due in part to
violence towards them.
•
Women
who had experienced or knew other those who had encountered a form of VAW after
COVID-19, for example, were 1.3 times more likely to report elevated mental and
emotional stress than women who did not, according to the research. Full-time
carers and jobless women were more likely to report mental health declines.
•
Similarly,
women who experienced some form of violence during the epidemic were more
likely to be food insecure (58 per cent).
•
"The
COVID-19 epidemic, which mandated isolation and social separation, facilitated
a second, shadow pandemic of violence against women and girls, where they
frequently found themselves in lockdown with their abusers," said UN Women
Executive Director Sima Bahous in a statement. Our new data emphasises the
importance of coordinated efforts to put an end to this."[8]
Survivors'
(women's) help-seeking behaviours in heterosexual relationships, according to
the British Columbia Legal Society, entail issues such as:
?
The
“make-up” period after violence reassures them or strengthens
their emotional bond with their partner.
?
Believe
or hope that the abuse will end.
?
Victims
depend on their partner to pay the bills, take care of them, or for other help.
?
Fear
that their partner will become even more violent if they leave.
?
Fear
for the safety of their children and other loved ones.
?
Fear
that their children will face discrimination and ill-treatment.
?
Fear
of losing a place to reside.
?
Fear
for the safety of their pets or farm animals, or their property.
?
Fear
that no one will believe their side and that the abuse ever happened.
?
They
are isolated from their family and friends, and part of the abuse may have been
to ensure their isolation.
?
They
don’t feel they have the support they need.
?
They
don’t know about their rights or the help that is available.
?
Fear
of the legal system.
?
They
feel the pressure from their family or friends to stay.
?
They
feel the pressure or blame from their community.
?
They
live in a rural area with very few services and supports available.
?
They
live in a small town or village where everyone knows everyone’s business.
?
They
don’t want to bring shame to their families, they want to save face.
The
Government of India, in collaboration with its state and nodal ministries, is
campaigning for the protection of aggrieved women and has implemented various
measures to assure their safety:
Women's
Organizations' studies and documentation have identified rising trends and
newer kinds of VAWG.
(i) Many superstitions emphasise the significance of institutional patriarchy and son-preference. Girls are coerced into performing rituals for the health of their brothers and/or dad.
(ii)
Economic exploitation - Because of the nature of the overstressed home economy,
women have been obliged to return to parental households, seek help, or borrow
from local money lenders for monetary assistance. With the loss of male family
members' occupations, women are being pressed to take on the duty of subsistence
livelihoods, managing home supplies, and absorbing the food scarcity problem.
(iii)
Community-based organisations emphasised the increasing pressure on girls in
times of crises to reconsider marriage as a way out; this would relieve parents
of additional difficulties - given that girls are perceived as a burden. This
is especially true for young women and girls who are pursuing an education or
earning a living and may postpone their marriage options.
Because the future of education and employment
appears to be uncertain, early and forced marriages may become a favoured
alternative[9] .
(iv)
According to a UNICEF study, cases of incest have also escalated during the
lockdown, as women and girls are trapped in cramped places with the abuser and
have no way of fleeing.
Queer
feminist organisations have highlighted structural discrimination,
marginalisation, and violence against marginalised sexual orientation and
gender identity (SOGI)
people by society and families. Hate crimes against transgender people have
increased, and they are increasingly stigmatised as potential carriers of the
virus. Anecdotal evidence suggests that parents and relatives enhanced mental
maltreatment during the lockdown to adhere to gender binary and dress in ways
that fit to assigned gender[10].
Child Victims
Almost all
of the organisations examined mentioned cases of natal violence. Domestic
violence is usually thought to be committed by spouses or in-laws against adult
women. Female children and teenagers, however, are also victims. It's simply
that it's rarely talked about, and often the mother is complicit in keeping it
quiet, especially if there's sexual abuse. "SNEHA intervened in a
situation where a girl had to be rescued because her brother was beating her up
so hard that she got injuries on her vagina/private parts," according to
the report. While that may be an extreme case, practically all campaigners
reported young women experiencing domestic violence. Young girls were chastised
for talking on the phone, they had to do far more housework than male family
members (brothers/fathers), they were not given precedence when it came to
online education, and they were penalised for minor infractions."
Furthermore,
the paper brings attention to one aspect of domestic violence that is rarely
acknowledged. "Aside from the problems that all women encountered during
the epidemic, women from marginalised and vulnerable areas suffered additional
discrimination—from those around them and even from governmental authorities...
When it comes to domestic abuse, organisations advocating for Muslim women's
rights confront a double challenge:
battling
patriarchy inside the community while also facing prejudice from external
authorities such as the police. Awaaz-e-Niswaan, a Muslim women's organisation,
stated that despite the epidemic, they were able to continue handling domestic
abuse cases from their Mumbai offices in Mumbra and Kurla. Despite the
lockdown, their employees were allowed to come to work since they lived nearby.
"The
epidemic exacerbated Dalit women's hardships." There was an increase in
anaemia among Dalit and Muslim women in the regions where they worked, which
was linked to food scarcity. In the absence of medical care, women turned to
quacks to abort pregnancies during the lockdown. They believed they couldn't
afford another mouth to feed because of the pandemic's loss of livelihood. In
certain situations, women were discriminated against and beaten up when getting
water in villages by upper caste women. Women's Voice pointed out that during
the lockdown, state processes like as access to police and courts did not
operate for Dalits as well as during 'normal' times.
"From
August 2020 to March 2021, the number of calls for aid and support to Nazariya,
a queer feminist organisation, more than quadrupled from 44 to 86 between April
and June 2021." Even in 'normal' times, the transgender and queer
population faces challenges such as their family's rejection of their sexual
orientation or non-conforming gender boundaries, as well as their own terrible
path of self-awareness. Nazariya stated that during the lockdown, they
witnessed LGBT women being forced to meet prospective husbands, while those who
were already married faced increasing abuse... They were compelled to undergo
conversion treatment in certain situations. Those with postponed operations and
transitioning therapy, which causes hormonal imbalance and body
dissatisfaction, fared the worst. They were turned away from hospitals and
asked, 'Is this an emergency?'
"In
India, people with disabilities account for slightly more than 2% of the
overall population... Women with disabilities face even greater disadvantage
and vulnerability than males. According to the Association for Women with
Disabilities (AWDD) and the Disability Activists Forum, the unique obstacles
encountered by women with disabilities varied from being unable to access basic
amenities or relief measures to being assaulted at home. The International
Disability Alliance analysed data from the Women with Disabilities Networks
in Odisha,
Gujarat, and Telangana and discovered an increase in violence from partners and
personal attendants. Women avoided revealing their concerns for fear of being
abandoned by their relatives."
The study
refers to domestic abuse as a "parallel pandemic," stating that
"the UN Women collected data from many regions of the world to indicate
the escalating prevalence of intimate partner violence on women during the
epidemic." During the first year of the epidemic, about 243 million women
and girls aged 15 to 49 were victims of violence." Prior to the pandemic,
the World Health Organization (WHO) "released the stunning fact that
globally, almost one in every three women, or 736 million women of all ages,
are victims of violence."
The
National Commission for Women (NCW) reported a 2.5-fold rise in domestic abuse
cases between February 27 and May 31; it received 1,477 domestic violence
complaints. Domestic abuse accounted for 47.2 percent of all cases received by
the NCW in April and May 2020, compared to only 20.6 percent of instances
received between January and March 2020.
There were several services available to assist women. The SNEHA-run One Stop Crisis (OSC) centre in Mumbai remained operating, but only because it was located in a public hospital. In severe situations of domestic abuse, OSCs are five-bed institutions for temporary detention. Women are required to go to a shelter after five days in the OCS, which proved difficult during the lockdown. When the North East Network addressed an appeal to the Commissioner of the Social Welfare Department, he replied by developing a Standard Operating Procedure for women's access to shelters. Assam was the only state to have a specific SOP of this type, which aided women in gaining access to them.
Even
throughout the lockdown, the International Foundation for Crime Prevention and
Victim Care (PCVC) in Chennai was one of the few organisations that kept their
shelter home open for new admissions. "Many shelters were not admitting
women because to the COVID concern," it claims. We were able to accomplish
it in Chennai because we are situated there. However, referring women to
shelter houses was difficult in other regions. All
procedures
were kept open. Fortunately, no COVID instances were reported from our
organisation, and new patients were quarantined for 14 days." This method
will be in place until the pandemic is over[11].
With a few
exceptions, the research criticises government measures to assist women who are
trapped in violent relationships. The police, in instance, are said to have a
"patchy record" of assisting people.
Access
To Health Services
The
pandemic has had a significant impact on already stretched and overworked
healthcare systems across the world. Citizens' networks and NGO documentation
in India raise attention to interruption and reduced access to basic and
secondary health care as a result of limited mobility measures, debilitated and
under-resourced health systems. The COVID 19 lockdown has had a significant
impact on reproductive health services, resulting in unplanned pregnancies,
unsafe abortions, and maternal fatalities. According to FRHS India, between
245.5 and 271.8 lakh couples were unable to get contraception during the
lockdown period, resulting in between 1.94 million and 29.5 lakh unwanted
births, 14.4 lakh abortions, and 834,042 unsafe abortions. While the Government
of India has allocated USD 260 billion, or 9.8 percent of India's GDP, to the
COVID-19 Relief and Response Package, services and resources for sexual and
reproductive health (SRHR) have been diverted to deal with the outbreak,
resulting in an increased burden on women and other vulnerable sections of
society. Healthcare services for pregnant and breastfeeding women, as well as
those with pre-existing health issues/ PEDs, are failing in India. According to
a UNICEF survey, home deliveries may have increased by tenfold. Their field
investigation in Chhattisgarh indicated that institutional delivery had
declined dramatically even in the early phases of lockdown, with just 2,813
births in March 2020, compared to 37,630 in February 2020.
Access To Justice
Women's access to justice has been hampered by a lack of adequate support services.
(i) During
the lockdown, the Supreme Court of India has issued instructions for the
operation of courts via video conference. The Court asked the National
Informatics Centre (NIC) officials to coordinate with the individual High
Courts and develop a strategy for the virtual operation of courts, in which
participants participate in proceedings by telephone or video conference.
(ii) To
assist victims of domestic abuse during the lockdown, the Delhi State Legal
Services Authority (DSLSA) is collaborating with Mother Dairy booths,
pharmacists, and chemists across the national capital for information on such
victims, and has also launched an app to provide legal aid to these
individuals. The purpose of including mother dairy booths and pharmacies is to
report back to DLSA if they come across any information concerning someone
experiencing domestic abuse. DSLSA has also partnered with anganwadi and ASHA
workers who may come across domestic abuse instances in their localities. DLSA
also established a phone number (+91 96679 92802) that may be accessed via
WhatsApp and SMS messaging. During the lockdown, over 700 domestic
violence-related instances have been recorded around the country.
(iii) While
court orders and Ministry advisories have recognised the rise in cases of
violence against women, there are no special measures in place to expedite
cases of domestic and intimate partner violence, or to assist women survivors
of violence in filing a case and appearing for an online hearing. With a large
digital gap keeping most disadvantaged and marginalised women away from online
legal assistance and services, and a lack of safe space inside families, the
judicial sector remains inaccessible to the majority of women.
Challenges Faced By Women's
Organizations
With the
realisation that no country has been completely equipped to face the COVID-19
pandemic, the issue in India has intensified owing to the national and
sub-national administrations' lack of readiness to address VAW during
catastrophes and humanitarian crises.
Currently,
existing VAW service resources, including human resources, are being utilised
largely to react to the health emergency and food security issue.
Women's Organizations Have Noted The Following Challenges:
1.
Limitations
of in-person/physical/real-time supports for violence survivors.
2.
A
scarcity of innovative technologically enabled solutions and platforms for
expediting and expanding service delivery to women survivors of abuse.
3.
During
humanitarian emergencies, functionaries and authorities lack regular operating
procedures and capacity to respond to VAW.
4.
Inadequate
access to SRHR services for women and girls, especially survivors of abuse.
5.
Failure
to prioritise gender-specific needs, women's safety and health in plans,
policies, and strategies for readiness, response, recovery, and post-recovery.
6.
Inadequate
or non-existent resources for service delivery systems, as well as gaps in
coordinated multi-sectoral response.
Government
Initiatives
1. The
Ministry of Home Affairs has issued an advice exempting women's homes from
COVID-19 lockdown with the requisite staff assistance.
2. The
Ministry of Women and Child Development (MWCD) issued advisories to Chief
Secretaries/Administrators of all States/UTs and District Collectors/District
Magistrates of all districts requesting that One Stop Centres and Women
Helplines-181 / 112 remain operational during the COVID-19 lockdown period, as
well as guidelines for Protection Officers to continue to provide services.
3. In
partnership with "NIMHANS," the Ministry of Health and Family Welfare
has established a helpline 080 - 46110007 to give psychological assistance to
victims of domestic abuse.
4. The
Delhi Commission for Women (DCW) established three government-run women's
institutions and recognised 14 non-profit women's shelters. DCW has taken
action in response to domestic abuse complaints by assisting callers with
guidance, giving rapid aid in an emergency, and providing the mobile helpline
(MHL) through mobile helpline counsellors.
They have
also established and highly promoted a WhatsApp Helpline Number 9350-181-181
which is a very good example of the evolving nature of the government and its
facilities in terms of tech driven solutions. Crisis Intervention Centre (CIC)
rape crisis cell counsellors responded to serious assault/sexual assault
situations and accompanied them to hospitals and police stations as and when
required.
5. The
Ministry of Information and Broadcasting had issued a directive to all private
satellite TV channels and FM radio stations to publicise the emergency response
helpline number 121 for women's safety and individuals in distress.
6. On March
25, the Ministry of Women and Child Development (MWCD) released its Advisories.
The MWCD also issued advisories to all One Stop Centres, the 181 Women
Helpline, and institutional machinery implementing various women's safety
related legislations (Protection Officers and service providers under the
Protection of Women from Domestic Violence Act 2005, Child Marriage Prohibition
Officers under the Child Marriage Prohibition Act, 2006, Dowry Prohibition
Officers under the Dowry Prohibition Act 1961, and so on) to continue providing
essential services to women and girls affected by domestic violence.
Conclusion
Although there are laws to combat domestic abuse, such as the PWDVA and IPC, they didn't help domestic violence victims to the fullest extent during the lockdown. The biggest under-reporting issue in India seems to be related to widespread unawareness, victim-blaming mindset, careless attitude of police authorities, and unequal power dynamics in families deterring victims from reporting their cases. Sometimes, the onerous inquiry and processes under the PWDVA have blocked remedy. Studies during the COVID-19 pandemic and isolation revealed the issue of Domestic Violence prevailed since before the pandemic. The pandemic has limited domestic violence prevention programmes. Conditions during COVID-19 seemed startlingly similar to those before disasters- loss of work, isolation from social support, and economic hardship. It wouldn't be farfetched to assume that such identical situations following the pandemic may enhance the odds of family violence. Women have also been exposed to psychological abuse such humiliating, belittling, taunts, threats of abandonment, and adultery of the husband. In addition, the legal system's response is marred by bias. In every region, we must promote and strengthen anti-domestic violence measures. This pandemic has revealed the limits of domestic violence preventive techniques and that further effort is needed. Several international organisations, including the UN, UNFP, and the EU, have urged states to reduce violence against women despite lockdown limitations. India might learn from countries using makeshift techniques to aid women. The COVID-19 pandemic may be a chance to reassess our future and take real action. The home shouldn't be a torture dungeon for women. In so-called 'private' settings, women shouldn't be molested, further degrading them to second-class citizens who strip them of their identities and existence. Breaking patriarchal hegemony and gender prejudice at home and in public is crucial for a better society. Stopping abuse is crucial to keeping homes' safe environments' for everyone. The corona pandemic is new and scientists are looking for a cure, but the patriarchal virus is ancient and there is no treatment. For a better society, sexism and other injustices and prejudices must be addressed. In addition to these proposals, the government must adopt other efforts to fight domestic violence. Only then can it reduce violence against women.
Article Information
“The Pandemic: A Legal Quagmire for Domestic Crimes” (By -Yash.H.Khandvilkar)
Authors: Yash.H.Khandvilkar
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/09/29
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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