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INCREASE
IN DOMESTIC VIOLENCE CASES AGAINST WOMEN DURING COVID 19 IN INDIA
Shivli Shrivastava*
Abstract:-
Domestic
violence in simple words is an abuse committed by a family member against other
member of the family. Its victim could be any person i.e. male or female. But
generally a woman becomes the victim. Such women may be daughter, wife, etc.
recently during lockdown due to pandemic COVID 19 the number of cases has been
increased. Looking at this problem it has become necessary to make some effective
measures for the protection of women.
Keywords: rights of women,
domestic violence.
Introduction:-
“There
is no chance of the welfare of the world unless the condition of women is
improved. It is not possible for a bird to fly on one wing.”
-Swami Vivekananda[1]
A
society consists of men and women in which both of them play an equal and
important role in the development of society. In India, there is patriarchal
system of society i.e. male dominant society. Men treat women as lower to them
and so they want to keep control on women and think that they can treat them as
they want. Women think that they are safe at their homes. Home a place which is
her own. But, even in their own homes they suffer violence. The nature of
violence includes physical violence, mental violence, sexual violence, etc. the
victim of violence maybe a wife, daughter, etc. At present time, due to
pandemic COVID 19 the government of India has declared nationwide lockdown. It
locked the women in their homes where they are fighting not only against the
corona virus but also against domestic violence. Several NGOs and women
organizations are receiving phone calls
and written complaints for receiving help regarding domestic violence being
done with them during lockdown. In this research paper, we will study about a
chapter related to domestic violence taking place in the country during
lockdown.
What is domestic violence? -
Here it is necessary to
understand domestic violence. In general way, it is abuse of any kind whether
physical, emotional or sexual. Generally it is done by a family member or
members against the other family member. Recently, during lockdown several
complaints of domestic violence have been registered by women against their
families.
Problem of domestic
violence has been recognised at international level. The Declaration on
Elimination of Violence Against Women defines domestic violence. Art. 1 of the
declaration states –
“Any act of
gender-based violence that results or is likely to result in physical, sexual
or psychological harm or suffering to women, including threats of such acts,
coercion or arbitrary deprivation of liberty, whether occurring in public or in
private.”[2]
In India domestic
violence has been defined under Section 3 of The Protection of Women from
Domestic Violence Act, 2005. It defines domestic violence in the following
words:-
“Any act, omission or
commission or conduct of the respondent shall constitute domestic violence in
case it-
(a) Harms
or injures or endangers the health, safety, life, limb, or well-being, whether
mental or physical, of the aggrieved person or tends to do so ; or
(b) Harasses,
harms, injures or endangers the aggrieved person with a view to coerce her or
any other person related to her to meet any unlawful demand for any dowry or
other property or valuable security; or
(c) Has
the effect of threatening the aggrieved person o any person related to her by
any conduct mentioned in clause (a) and (b) ; or
(d) Otherwise
injures or causes harm, whether physical or mental, to the aggrieved person.”[3]
Here abuse may
be any kind it includes physical abuse which gives bodily pain, danger to life,
limb or health, assault. It also includes sexual abuse i.e. against the dignity
of woman. It again includes verbal abuse and emotional abuse which includes
insult or humiliation. It also includes economic abuse such as depriving the
aggrieved person from financial resources or disposal of bonds, shares,
securities in which the aggrieved has interest.
Thus the
definition given under the Act is very wide and includes each and every aspect
of violence committed against the women. This act was enforced to protect right
against violence of women. The constitution of India provides Art.21, 14 and
15. Art. 14 and 15 provides right to equality and Art.21 protects right to life
and personal liberty. It says that no one shall be deprived of his life and
liberty without following the due process of law. This also includes protection
against violence to women.
In Francis Coralie
Mullin V. Union Territory of Delhi, Administrator
AIR1978 SC 597[4], the Supreme
Court held that any act which damages or injures or interferes with the use of
any limb or faculty of a person either permanently or even temporarily, would
be within the inhibition of Art.21.
So it is the
right of women to be protected against violence. As it is also a fundamental
duty of every citizen of the country that act should be done against the
dignity of a woman.
Domestic violence during lockdown:-
As domestic violence
take place in four walls at home. During lockdown women are forced to live with
their abusive partners. So there is a hike in reports of domestic violence
cases. According to news in the Economic Times, National Commission for Women
(NCW) has received 587 complaints from March 23 to April 16 2020, out of which
239 are related to domestic violence.[5]
The lockdown has
resulted in lockdown of the victim and abuser together in same house. To
provide help and assistance to victims NCW has launched a Whatsapp number .to
report complaints on an emergency basis. The highest numbers of cases have been
received from Uttar Pradesh, then from Bihar, after that from Punjab and
Haryana.[6]
During lockdown victims
are living with the abuser 24x7 and due to lockdown it became very difficult to
come out and report case. So, women are reporting through Whatsapp and E-mails.
The reason behind the violence is not one.
Some reasons are given below:-
1. Financial crisis:-
Lockdown has resulted in loss of jobs. Families with less savings, no permanent
source of earning, more members in family are facing problems. Financial crisis
causes frustration which results in violence against women.
2. Household jobs:-
It is a general thinking of society that household chores are only for women.
Lockdown increased the workload of women and when men are asked for help
results in quarrel and leads to violence and abuses.
3. Bossy wife:-
Male ego is a big problem. Even a wife asking politely for something men take
it as an order to them which they can’t take from a wife whom they think as
lower to them. It results in abuse of woman.
4. Alcoholic husbands:- When
men are alcoholic they become out of control which results in misbehavior with
their family members.
5. Limited movements:-
Lockdown locked people in their homes. It put a break on outside activities. It
causes anxiety or depression which is also a reason of violence.
6. Fear in minds:-
The pandemic has caused fear of life which has disturbed the mental peace
of people. It is also reason of domestic
violence.
7. Pornographic websites:-
If we look at the record shown on internet search we will find a an increase in
the pornographic website subscription and it also includes the child
pornography also. This has lead to an increase in the sexual assault cases
against women. As people living in their homes from 2-3 months are becoming
abnormal mentally and are getting attracted to such websites. Due to this men
are losing the moral values.
8. Increase in working hours of
working women:- the working women are facing double
challenge these days. As they are doing their office work from homes. This has
increased their working hours. Normally, the office time is 9 a.m. to 5 p.m.
but due to lockdown their office hours have been increased to 11p.m. Along with
this they are doing the household work in which they receive no support from
their family. This causes quarrel in homes and results in violence against
women.
Thus domestic violence is not a new problem but
during lockdown it has increased very fast and registered lot of cases in the
court.
Solutions
to prevent domestic violence:-
Domestic
violence is not a new issue as it has been in existence even for long before
the lockdown but lockdown gave a hike to it. But it is necessary to reduce and
control it. Some solutions which can be adopted to control it can be studied as
under:-
1.
Counseling
of families:- It is required to make people
understand each other and to bring a
good relation between them. Better understanding would not left space for ego
and misunderstandings as it would develop a good atmosphere at homes.
2. Self-dependent women:-
If a women is self-dependent it will give confidence to her to fight against
injustice being done to her. It would also improve the financial conditions of
families which is also a reason of domestic violence. And during lockdown women
can also do several jobs as internet has opened many gates for women in which
they can earn even when they stay at homes.
3. Equality of women:-
Men would have to understand that a woman who is working at homes and taking
care of him and members of family is also equal to him as the cart of family runs on two wheels.
4. Fear of laws:-
In India people are not aware of laws. As it is necessary to bring awareness as
it would also create fear in minds of abusers that if they would do anything
wrong to any woman they will be punished for it.
5. Creative works:-
During lockdown, people should play games at home or do creative work of their
hobbies as it would keep their moods good which would help in maintaining good atmosphere at homes.
6. Awareness about rights:-
Generally women do not come out and complain about domestic violence thinking
about society. An atmosphere of support and help must be created so that women
may come forward and can fight for their existence.
7. Shelter homes:-
As housewives are financially dependent on their husbands. So even when they
are treated badly they have to adjust in that. So shelter homes must be
established for such women where they can feel themselves safe and there
arrangement should be made for vocational training so they can earn their
livelihood.
Conclusions:-
So we saw a new face of domestic
violence in the period of lockdown which can be eradicated by improving the
atmosphere of homes and only in situations extremity should be given the form
of a case. But by the rise in number of cases during lockdown it has been found
by us that for such situations it is necessary to find a good mechanism to
protect women in the homes.
************************
* Research Scholar, Jiwaji University, Gwalior, M.P.
[1] What
justice looks like, (n.d.) Retrieved from: https;//www.onebillionrising.org
[2] Mamta
Rao: Law Relating to Women and Children: Eastern Book Company: Ed. 3, P. 212
[3] https;//www.indiakanoon.org/doc/154663670
[4] Dr.
J.N. Pandey: Constitutional Law of India: Central Law Agency: Ed. 43, P.226
[5] India
witnesses steep rise in crime against women amid lockdown 587 complaints
received :NCW (n.d.), Retrieved from: https;//www.economictimes.indiatimes.com
[6] Roy
Laxmi Deb, Domestic violence cases across India Swell Since Coronavirus
Lockdown ( 07 April 2020) Retrieved from: https;//www.outlookindia.com
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