Family Law CIA 5

COVID-19 and its impact on family

The new COVID-19 virus which seems to have made its way to our footsteps and into our
homes all the way from a wet market in Wuhan has forced the governments of countries
across the globe to take extreme measures and steps to stop this from turning into a full-
blown epidemic that will take the life of millions of its citizens. It might come off as a
surprise to many when we discuss civil rights and civil liberty in the midst of a deadly virus
that has its claws set deep in our country, but like how Lord Atkin rightly said “amidst the
clash of arms, the laws are not silent.” With the state administration, particularly the police
and health workers relentlessly battle the spread of the virus, certain other issues that are
equally gruesome are going unnoticed. Domestic abuse is quite possibly the most widespread
form of violence against both women and children as they are confined into the four walls of
their houses as a consequence of the lockdown. The most sweeping impact upon rights, of
course, is of the nation-wide twenty-one day “lockdown”. The lockdown has affected both
the freedom of movement (through an effective – if not formal – curfew). The lockdown has
led to rising number of incidences of crime against women and children such as rape, sexual
and physical abuse, harassment, domestic abuse etc. With little or no recourse to legal
remedies, women and children are in grave danger, confined to the walls of their home. One
of the corollaries of a nationwide lockdown is that individuals in abusive or violent
relationships will – quite literally – be forced to stay. In a patriarchal society like India, where
cases generally go unreported, the lockdown has seen an alarming increase in the rate of
complains. This has been the trend in countries across the world. This situation is being
treated as the ‘Shadow Pandemic’ by UN Women. India saw an alarming number of
incidences of crimes against women right after the imposition of the lockdown with around
257 cases being reported at the end of the March alone. Domestic abuse cases often go
unreported in India, so one can imagine the alarming number of domestic violence cases in
India during the lockdown. With liquor shops being open across the country, the situation for
women and children in the household becomes worse. With chaotic scenes of crowd
thronging in the newly re-opened liquor shops, the cases of abuse against women is sure to
increase. While abuse can be in many forms, sexual abuse is the biggest cause of concern as
this does not just have mental repercussions for the women, but also causes trauma and allied
health issues due to unwarranted and unnecessary pregnancies. With the severity of the
situation at hand, it is hard for women to get access to proper and safe health care. In India,
the government has declared abortion to be an essential medical care, but there is a lot of
question on how easy these resources are to access. This is especially pertinent in cases where
the pregnancy is the result of sexual abuse and the woman is denied access to proper medical
care. The cause for concern is that even though the Right to Abortion is guaranteed under the
Medical Termination of Pregnancy Act, 1971, women in India still witnesses thousands of
deaths due to unsafe and unsanitary abortions. With this being said, the lockdown has made
women more vulnerable, and the number of women resorting to unsafe abortion techniques
are sure to rise. The current legislation on abortion prescribes the maximum time limit to
abort the child as 20 weeks. With the lockdown in place and allied issues as a consequence of
the same, the court and the government need to reconsider extending the time period for
allowing abortions as women may not have the access to health care. The inability of women
to access basic health care and services for abortion would ultimately cost the State in terms
of providing extra protection to women in labour and new born babies who are more prone to
infection and attack by the virus. It will also have a concomitant burden on the healthcare
services who will have to provide care for these vulnerable groups. Presently, our legislation
does not provide for any exception to the 20 week limit for abortion, but the Medical
Termination of Pregnancy (Amendment) Bill, 2020 was introduced in the Lok Sabha in the
beginning of March. This needs an urgent re-look by the authorities, especially, in times of
turmoil such as these. It is also the duty of the Central and State government to intervene in
such a situation and provide proper care to the victims. The provision for shelter homes has
been provided by virtue of Section 6 of the Domestic Violence Act, 2005, but this comes into
play only when the aggrieved person reports the incident. In times of the pandemic, there is a
lot of uncertainty surrounding the execution of this provision. Section 7 of the Act allows
women to avail medical facilities, but for this to be achieved the government needs to bring
abortion under the bracket of an essential service. Women may also seek protection by
moving under Section 18 of the DV Act, 2005. This section of the Act empowers the
Magistrate to pass a protection order after hearing the aggrieved party and the respondent.
With courts not functioning in its full capacity, there is ambiguity as to whether the victims of
such abuse will get immediate redressal. Courts should remain open to hear cases that arise as
a consequence of the lockdown itself. The question of availing and legal assistance is only
possible only if the victims have a platform to share their grievances. The National
Commission of Women has provided a ray of hope to distressed women and launched a
Whatsapp number to report cases of domestic violence. The government can also consider
working with NGO’s and other local bodies to identify these victims and provide timely
assistance. While it may take a long time to erase the ideas and notions of patriarchy in Indian
society, the least that can be done during this pandemic is to ensure that the victims of
domestic abuse are provided with proper and timely assistance.

Submitted by:

Swathi MV (BC0190047)