COVID-19 CRISIS – NO LOCKDOWN FOR DOMESTIC VIOLENCE
Domestic violence refers to coercive,
violent, or abusive acts committed by one family or household member against another
such as child abuse or spouse abuse. It also refers to a series of physical
abuse, emotional abuse, sexual abuse, economic deprivation, or behavior that is
controlling, coercive, or threatening. It can occur in any kind of intimate
relationship, married or unmarried, straight or gay, people living together, or
simply dating.
What is the proper definition of Domestic violence?
Whether this definition covers all the aspects of violence faced by Women &
Children? Whether it is in any form related to the dominance or discrimination?
According to
NationalDomestic Violence Hotline,
Domestic violence (also called intimate partner
violence (IPV), domestic abuse, or relationship abuse) is a pattern of behaviors
used by one partner to maintain power and control over another partner in an
intimate relationship.[i] Anyone of
any race, age, sexual orientation, religion, or gender can be a victim or
perpetrator of domestic violence.
Domestic violence in the context of COVID-19
During this tough time of
Pandemic, Domestic violence has increased globally. Countries including China,
United States, United Kingdom, Brazil, Tunisia, France, Australia, and others
have reported cases of increased domestic violence and intimate partner
violence. India, infamous for gender-based violence, is showing similar trends.
As per HDI Report 2011, India ranks 129 out of
146 countries on Gender Inequality Index. Among BRICS nations, India has the
highest inequalities in human development.[ii]
India is already at
a lower position in terms of Gender Inequality. Whether this ongoing pandemic
as worsen the situation?
Domestic violence is fuelled
by mandatory stay-at-home rules, physical distancing, economic uncertainties,
and anxiety caused by the pandemic. Women tend to face greater risks during
emergencies, including health disasters such as pandemics. There is an increase
in violent, abusive, compulsive, and controlling behavior and aggression
directed towards cohabiting partners and romantic partners. These are the
destructive effect of unemployment, lost income, and economic hardship on
marital conflict, parenting quality, and child well-being.
The first nationwide lockdown was implemented from
24th March 2020. The total complaints from women rose from 116 in
the first week of March (March 2- 8), to 257 in the final week of March (March
23-April 1). Complaints of rape or attempted rape have risen sharply from two
to 13, while cases of domestic violence have increased from 30 to 69 over the
same comparative period. Simultaneously, there has been an almost threefold
increase in police apathy towards women’s complaints with the NCW receiving 16
complaints on the issue as compared to six earlier, as the police are busy
enforcing the lockdown to curb the spread of COVID-19.[iii]
Hardship faced by the people & society
· The victims of Domestic violence that mostly
include Women whose livelihoods have been affected by the crisis, might also
now be in financial distress—which is one of the barriers to removing
themselves from a violent household. Women who might have been saving up money
to leave the abuser house might now have to utilize these savings to fulfill
their basic needs.
· People locked in their home with their
abusers may not be able to get access to a mobile phone, nor space and time to
call for help.
· The mental health of victims of Domestic
violence is also affected because this Pandemic can isolate a person from
family and friends, monitor their movements, and restrict access to financial
resources, employment opportunities, education, or medical care.
Judicial remedies
The Act was passed by the Parliament in
August 2005 and got approved by the president in September 2005. These rules
may be called "The Protection of Women from Domestic Violence Rules, 2005.
ANALYSIS
·
Section 2 of the Act
defines domestic violence as "any act of physical, mental, emotional or
sexual violence perpetrated or an attempt of such violence as well as the forcible
restriction of individual freedom and privacy, carried out against individuals
who have or have had family or kinship ties or cohabit or dwell in the same
home".
This includes relations of
marriage, or through relationships like marriage, adoption, or joint family
thus, 'domestic relationships' are not restricted to the marital context alone.
·
Under Section 4 of this
Act, If there is a "direct and imminent threat” to the life or health of
the victim, then an application with the police authorities is filled
concerning section 76 of the Ministry of Interior Act for emergency protection.
These applications are then forwarded to the regional Court of place where the
victim resides and thus the victim has the right to refer to the court to seek
protection. The victim can ask for a medical examination and get a document in
writing establishing any traces of violence.
·
Implementation aspects
are discussed under Section 7 of this Act. This Section provides temporary
relief to the victims. These remedies may vary from refraining him from doing
domestic violence. Also an order for removing the abuser from the common
dwelling-house for a period specified by the court; or prohibiting the
respondent from getting in the vicinity of the home or places of her social recreation
can be made. She can claim for temporary relocation of the residence along with
her child, or any other thing of similar nature. This temporary relief may
extend up to a period which may range from 1 month to 1 year as specified by
the court. Even fine can be imposed on an amount specified in the act.
·
This Act provides the
right to reside in the matrimonial or shared, whether or not she has any title
in the Household. The right is secured by a residence order, which is passed by
the court. This law also provides that if required, she (victims) will be
provided with alternative accommodation and in such situations, the
accommodation and her maintenance will be provided by her partner.
·
Once the case is filled
and they are having disputes, her husband cannot take away her jewelry or
money, or throw her out of the shared Household.
·
Section 8 of this Act
provides a Protection officer(appointed by the State Government). These
officers are responsible to the court for monitoring the cases of domestic
violence. This is PO’s duty to ensure that necessary information on service
providers is provided to the aggrieved woman and that orders for monetary
relief are complied with. ,e PO can be penalized for failing/refusing to
discharge his duty, with the proviso that prior sanction of the state
government is required.
·
Section 8 of The
Protection of Women from Domestic Violence Rules 2005 also provides who can
make an application. Compliant can be made not only by the victim but can be
made even by a sibling or by a person who is a relative to the victim or at the
request of the Director of the Social Assistance Directorate, and in such case,
the court shall, ex officio, involve the victim as a party.
·
As per Section 9 of this
Act says that “Person who is making complaints shall have to provide with the
details like; names, the address, and the personal ID number, telephone and fax
number a description of the facts and circumstances under which domestic
violence occurred; and finally has to sign the document”.
·
Section 10 imposes a time
limit on the victims for making a complaint. Victims must file an application
at the nearest local police department (for which no costs shall be
charged) within one month as from the date on which the act of
domestic violence occurred.
·
The Act makes a breach of
the protection order or interim protection order by the respondent as a
cognizable and non-bailable offense punishable with imprisonment for a term
which may extend to one year or with a fine which may extend to twenty thousand
rupees or with both. Similarly, non-compliance or discharge of duties by the
Protection Officer is also made an offense under the Act with similar
punishment.
·
Section 22 of this Act
provides Compensation orders.—In addition to other reliefs as may be granted
under this Act, the Magistrate may on an application being made by the
aggrieved person, pass an order directing the respondent to pay compensation
and damages for the injuries, including mental torture and emotional distress,
caused by the acts of domestic violence committed by that respondent.
·
Vimlaben Ajitbhai Patel v. Vatslaben
Ashokbhai Patel and ors.
It was held in this case, that when it
comes to maintenance of wife under this Act when read with the Hindu Adoption
and Maintenance Act, 1956 it is the personal obligation of the husband to
provide maintenance to his wife. Mother-in-laws property can neither be a
subject matter of attachment nor during the lifetime of the husband can his
liability to maintain his wife be directed to be enforced against such
property.
Manju Sharma vs. Ramesh Sharma
The District Court of Delhi while
substantiating on Section 19(1)(b) of the Domestic Violence Act stated that the
law empowers the court to direct the removal of the Abuser (respondent) from
the shared household, however, such power is to be exercised sparingly and in exceptional
circumstances.
In this aforementioned case, the wife was
awarded interim protection and the respondent was restrained from doing any
kind of domestic violence on the aggrieved person during the proceedings.
However, he breached the said order on two occasions. He continued perpetrating
domestic violence on the aggrieved person despite the protection order (granted
in favor of the aggrieved person). Hence, considering the facts of the case,
the Court passed directed the husband to remove himself from the shared
household under Section 19(1)(b) of the Domestic Violence Act.
Other Provisions for victims
· The police are duty-bound
to register an F.I.R. even if it doesn't fall within their territorial
jurisdiction. After recording an F.I.R., the police authorities may transfer F.I.R.
to the police station of the proper jurisdiction. However, if they fail to do
so, victims can approach the court having jurisdiction over the particular
police station where the F.I.R. has been recorded.
· For victims and survivors
who need support, National Domestic Violence Hotline isthere for victims, 24/7.
Victims can Call on 1-800-799-7233 or 1-800-787-3224 for TTY, or if the
victim is unable to speak safely, he/she can log onto thehotline.org or text
LOVEIS to 22522.The Hotline does not give
legal advice, nor legal advocates. They
may be able to help you locate a legal advocate in your area if needed.
Author’s opinion
As a citizen of India, we have certain responsibilities
toward society. What can be done by citizens to curb the cases of Domestic
violence? Well, I understand that
following initiatives can help to curb this dreadful practice-
·
This is a very prolonged
lockdown and the government must ensure the adequate resources to help women in
distress, and health services to women, and abortion are included as essential
services.
·
Effective
implementation of The Protection of Women from Domestic Violence Act, 2005, is
the need of the hour. The above Act mandates wide
publicity through different media (print and broadcast) to create awareness in
the general public, which can include information about the Inter-personal
Violence Cycle, measures of de-escalating a situation at home, helplines,
shelter homes, and legal assistance available for women, etc.
·
When people are unable to
file complaints through messages, posts, or calls, essential services such as
hospitals, grocery stores, and medical stores must be urged to help people get
the necessary support and send their messages to the authorities if needed.
·
Citizens must be
sensitized towards the increased risks of domestic violence, and bystanders and
neighbors should be urged to intervene if they suspect abuse, using tactics
such as the banging on the door or ringing the bell (bell bajao campaign)
According to the author, if taken, these
steps will help a victim of domestic violence to fight against unnecessary
abuse.
CONCLUSION
COVID-19 caused by novel Coronavirus is hampering
the economic stability of the globe. The peaceful environment of households is
also affected due to mandatory stay-at-home rules, physical distancing,
economic uncertainties, and anxiety caused by the pandemic. Women tend to face
greater risks during emergencies. There is an increase in violent, abusive,
compulsive, and controlling behavior and aggression directed towards cohabiting
partners and romantic partners. Legal Remedies are available for the victims of
Domestic Violence. But patience is required along with legal Remedies so that
we can fight this Domestic violence at this time of health crisis.
Rishita Pandey
BBA LLB (H)
ICFAI UNIVERSITY, DEHRADUN
Disclaimer: This article is the personal opinion of the author. The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of any Indian Government or any other Government of the world.
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