The Menace of Domestic Violence

in the times of COVID-19…..

BY-DIYA SAREEN

As reported by the National Family Health Survey (NHFS-4) every third women, since the age
of 15, has faced domestic violence of various forms in our country. The Protection of Women
from Domestic Violence Act, 2005 defines Domestic Violence as “Any act, omission or
commission or conduct of the respondent shall constitute domestic violence in case it:

1. 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 and includes causing physical abuse,
sexual abuse, verbal and emotional abuse and economic abuse; or

2. 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

3. Has the effect of threatening the aggrieved person or any person related to her by any
conduct mentioned in clause (a) or clause (b); or

4. Otherwise injures or causes harm, whether physical or mental, to the aggrieved person.” 1

Forms of Domestic Violence

There are many dimensions to domestic violence, which includes:

1. Physical Abuse: Physical abuse is the most recognizable form of domestic violence. It
involves the use of force against the victim, causing injury such as a punch, kick, stabbing,
shooting, choking, slapping, or forcing a person to use drugs.

1
https://en.wikipedia.org/wiki/Domestic_violence_in_India
2. Emotional Abuse: Emotional abuse involves the destruction of the victim's self-worth, and is
brought about by persistent insult, humiliation, or criticism. Emotional abuse can be a difficult
type of domestic violence for many people to understand, since, on the surface, it appears to be
quite common in unhealthy relationships.

In most states, emotional abuse is not enough on its own to bring a domestic violence action
unless the abuse is so persistent and so significant that the relationship can be labeled
extremely coercive. Typically, evidence of emotional abuse is combined with other abuse such
as physical, financial, sexual, or psychological to bring a domestic violence action.

3. Sexual Abuse: Sexual abuse is a common form of domestic violence. It includes not
only sexual assault and rape, but also harassment, such as unwelcome touching and other
demeaning behaviors. Many victims don't realize how broadly sexual abuse is interpreted. This
form of abuse is known as reproductive coercion.

4. Financial Abuse: Of the many types of domestic violence, financial abuse is perhaps the least
obvious. Financial abuse may take on many forms, such as a husband preventing his wife from
obtaining an education or a job outside the home. Financial abuse is simply another form of
control, even though it is usually less obvious than physical or sexual abuse.

5. Psychological Abuse: Psychological abuse is basically a catchall term for intimidating,

threatening, or fear-causing behavior. This behavior must be persistent and significant. A one-
time event generally won't be enough to bring a domestic violence action. Like emotional
abuse, psychological abuse may not, on its own, be enough to bring a domestic violence action
unless it's especially severe. 2

According to a 2018 Report published by the National Crime Research Bureau (NCRB), a
woman in India is subjected to domestic violence every 4.4 minutes. The country is said to top
the category of violence against women. As per the data, 89,097 cases related to crimes against
women were registered across India in 2018, higher than the 86,001 cases registered in 2017. 3

2
https://family.findlaw.com/domestic-violence/types-of-domestic-violence.html
3
https://idronline.org/the-link-between-lockdown-covid-19-and-domestic-violence/
As the COVID-19 pandemic has forced several countries into a lockdown, cases of domestic
violence have rose at an alarming pace all over the world. On 6 April 2020, the United Nations
Secretary-General Antonio Guterres called for a ceasefire to address the horrifying global surge
in domestic violence. Closer home, after Prime Minister Narendra Modi announced the
nationwide lockdown, the number of domestic violence complaints received by the National
Commission for Women (NCW) had doubled. From 30, in the first week of March, the number

of complaints rose to 69 between 23rd March and 1st April. 4

A report stated that a 42-year-old man in India allegedly murdered his wife, Savithramma, in
front of their daughter, in a fit of rage, suspecting her of infidelity. These happened days after
the family was quarantined in a temple in Dodderi in Karnataka following the first nationwide
lockdown announced on March 24, 2020.

This shows that almost half a billion women are at risk in India due to the pandemic. Caged in
violent homes, the women are being placed in the situation where it is difficult to seek help or
support from the outside world. Exposure and opportunity for abuse increases as there is no one
to intervene to protect women. Locked with their abusers in situation of restricted mobility, and
limited privacy, women are constantly facing grave dangers. Abusers are taking advantage of
isolation measures and abusing their powers. Hence, the very technique that is being used to
protect people from virus is making an adverse impact on women and children in violent homes
as the abuser is getting more opportunities to unleash violence.

It is not that women were not being abused in homes earlier, but during the lockdown, the virus
is mirroring and magnifying the discrimination, inequalities, oppressions, privileges and
patriarchal violence, all of which already exists in the male-dominated hierarchical and layered
society. In fact, structural gender-based violence is being reiterated during the lockdown where
women who are already considered at a lowest rung within the family hierarchy are now being
economically and social disempowered.

4
https://www.epw.in/engage/article/covid-19-domestic-abuse-and-violence-where-do
Even otherwise, home is a contested site for unequal gender relations where both men and
women are placed unequally and men hardly share the household unpaid care work. The cultural
and social biases act against the interest of women. During the lockdown, women are expected to
take up traditional gender roles and engage in domestic work with little or no contribution from
men. Data from the National Family Health Survey reveals that domestic violence is not
considered as a serious crime. 42 percent men and 52 percent women believed that husband is
justified in beating his wife in certain situations such as when she argues, disobeys, cannot serve
hot food or couldn’t take care of the babies. Only less than one percent of women sought help
from police.

Steps taken In India during Lockdown to Prevent Domestic Abuse

Though the concept of domestic abuse is being raised in India, but no major steps has been taken
by the government to deal with the issue at the policy level. In fact, several NGOs when
petitioned the courts, some courts have issued directions to the state to provide protection to
women and children. For instance, the Delhi High court, on a petition filed by an NGO, directed
the government to deliberate on measures to ensure effective implementation of Protection of
Women against Domestic Violence Act, 2005 in the wake of increasing in number of cases.

The state in its reply said that it has put a protocol in place where a survivor once calls the
helpline, the telecom caller will take the complaint and will forward it to the counselor who will
establish a phone communication with the survivor during the lockdown. The court disposed of
the petition after the status report is filed by the government.

The Jammu and Kashmir High Court took suo moto cognizance and on 18 April 2020, offering
slew directions that include creation of special funds and designating informal spaces for women
such as grocery stores and pharmacies where women could report abuse without alerting the
perpetrator. The Karnataka High Court, too has asked the state government about the helplines
and action taken on domestic violence complaints. The state in its reply stated that helplines,
counselors, shelter homes and protection officers are working round the clock to help victims of
violence.
In Tamil Nadu, protection officers appointed under the Domestic Violence Act 2005 are allowed
to move during the lockdown and some women in dangerous situations are being rescued and
have been moved to shelter homes.

In UP, the state government has initiated a special helpline for victims of domestic abuse under
the title Suppress Corona not your Voice. The police have assured that once a woman lodge a
complaint, a woman officer will attend to it. The chairperson of NCW claimed that ASHA and
Anganwadi and other frontline health workers are counseling against domestic violence and
women can report these workers in case they are facing abuse. 5

However, these measures, seemingly and evidently, are not sufficient enough. Considering the
diverse situation of India, and recognizing the limitations, a multi-dimensional approach is
required at the national level to address the grave situation of domestic violence including denial
and deprivation of their right to health care.

5
http://southasiajournal.net/covid-19-indias-response-to-domestic-violence-needs-rethinking/