CURRENT AFFAIRS

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The recent data released by the National Legal Services Authority (NALSA) suggest that the nationwide lockdown has led to a rapid increase in cases of domestic violence.

Uttarakhand recorded the highest number of domestic violence cases followed by Haryana and Delhi.

The National Commission for Women (NCW) has raised an urgent alert about the increasing number of domestic violence cases since the national lockdown began.

Hereby discussing the issue of domestic violence and laws related to it.

What is Domestic Violence and its impact?

Domestic violence involves a pattern of psychological, physical, sexual, financial and emotional abuse. Acts of assault, threats, humiliation, and intimidation are also considered acts of violence.

In addition to violation of human rights, victims of domestic violence can face several physical and mental health difficulties such as risk of chronic disease, depression, sexual disorders, PTSD (post-traumatic stress disorder) and substance abuse.

How COVID-2019, is deepening the domestic violence scenario?

Domestic violence against women arises out of the patriarchal setup, the stereotyping of gender roles, and the distribution of power, real or perceived, in society. Following such ideology, men are believed to be stronger than women and more powerful. They control women and their lives and as a result of this power play, they may hurt women with impunity. The role of the woman is to accept her ‘fate’ and the violence employed against her meekly.

However, COVID 19 is further deepening this crisis.

·         The literature of domestic violence recommends that when men and/or women are employed, domestic violence tends to fall as interactions between couples reduce. Under the lockdown, interaction time has increased, and families have been left without access to the outside world.

·         As the lockdowns impose stricter control on one’s mobility, they put women in abusive relationships at extremely high risk of damage from physical, sexual and emotional abuse.

·         Previous research also suggests that violence is a way for the man to assert his notion of masculinity. The current atmosphere of fear, uncertainty, food insecurity, and unemployment may create feelings of inadequacy in men. All these factors are likely to worsen stress at home and make women victims of those stress.

·         Further the lack of access to friends, family and support organizations is expected to aggravate the situation for abused women further.

·         The disruption of livelihoods and ability to earn a living, including for women (many of whom are informal wage workers), will decrease access to basic needs and services, increasing stress on families, with the potential to exacerbate conflicts and violence.

·         Children too have increased vulnerability to domestic violence during this time. Increased stress levels, anxiety, job insecurity, financial worry, and other such emotions of parents can be predictor of abuse.

Laws related to Domestic Violence in India

Under Section 498A of the Indian Penal Code, harassment for dowry by the husband or his family is considered a crime. This harassment can be either mental or physical. Even though marital rape is not recognized as a crime in India, forced sex with one’s wife can be considered cruelty under this section. Section 498 A has a wide scope. It also covers any and all wilful conducts against a woman which drive the woman to commit suicide or grave injury or risk to life, limb or overall health. Again, health includes the mental and physical health of the woman.  

The Protection of Women against Domestic Violence Act 2005 prohibits a wide range of abuse against women — physical, emotional, sexual and economical and all these are extensively defined under the Act. The scope of the Act covers women who are in a live-in relationship and are not married. A woman has the choice to be free from violence and has various options under this Act. She has a right to get an order of protection against her husband and his family, to continue living in the same house i.e. she cannot be thrown out of her matrimonial home even if she reports her abusers, to claim maintenance, to have custody to her children and to claim compensation. Under the DV Act and also under section 125 of the Indian Penal Code, a woman does not have to necessarily file for a divorce to have a right to receive maintenance from her husband. 

How to address this issue during Pandemic?

The Covid-19 pandemic has placed an enormous burden on health systems, including frontline health workers, and there is need to take proactive steps to reduce the effects of violence against women.

Informal networks are likely to be the first source of informal disclosure for victims of any age throughout diverse settings. Engaging in informal networks has also become a key technique for the safety of women experiencing violence.

Online complaint links, emails and WhatsApp-based network can be encouraged.

There is a need to increase temporary operations for existing violence prevention and response hotlines and outreach centers as well as increasing interaction and awareness of services through routine news and advocacy efforts.

There should be identification of women at risk of violence present in all testing and screening locations, such that recommendations for ‘self-quarantine’ or ‘shelter at home’ are accompanied by an assessment of the safety of doing so.

Health facilities should identify and provide information about services available locally (for example, shelters, rape crisis centers, counseling) for survivors, including opening hours, contact details, and whether services can be offered remotely, and establish referral linkages.

Health providers need to be aware of the risks and health consequences of violence against women. They can help women who disclose by offering first-line support and medical treatment. The use of mHealth and telemedicine in safely dealing with violence against women needs to be explored.

The arrangement of cash transfers and ration support are likely to sustain the household and reduce stress in the household, leading to lower violence against women. Arrange alternative accommodation for women who may need this.

The local governance system should be strengthened, as decentralization serves as the most important key to understanding problems and provide solutions at the grassroots level where they first emerge.

Conclusion

Our nation’s success at handling the pandemic depends not only on how many people we can save from COVID-19, but also how well we are able to responds to other vulnerabilities that the lockdown has exacerbated.