Domestic Abuse; A disguised crisis in corona times

The author of this blog is Abhishek Naharia  4th year student at the Rajiv Gandhi National University of Law, Patiala. 

Injustice anywhere is a threat to justice everywhere”

       Martin Luther King Jr.

A Brief Introduction of the situation.

Since the National lockdown has been announced by the Govt. on 24^th March 2020; one of the things that have not caught the eye of the State is the rising surge in Domestic violence cases. When all focus is laid by the ground duty men in preventing the COVID pandemic, their engagements in preventing the domestic abuse seems to have fallen. On looking at this problem objectively, we may find that this is not country-specific. From England to the United States, from Russia to China, from Australia to New Zealand, the domestic violence menace has laid down its hands effectively; sadly. One thing which becomes quite clear from here is the fact that the domestic violence menace isn’t country/region-specific. It is being seen throughout the globe irrespective of the type of the Government in the State or the religion followed. This brings us down to the conclusion that this menace of domestic violence is not the outcome of a subjective thing, but an objective thing, and that is patriarchy.

 Domestic Violence.

Domestic violence as per WHO is partner violence, but also includes a child or elder abuse or any abuse by a member of the household. The Southeast Asian region has an alarming 37.7% prevalence of partner violence, which is highest across the world. India forms a majority of the area of south-east Asia where the cases are increasing manifold by each passing day. As per an NCRB Report, a woman in India is subjected to domestic violence every 4.4 minutes. These statistics portray the dismay of woman in India when it comes to domestic abuse. If we talk about the major factors that contribute to the domestic violence in India, we come down to points like gender discrimination, alcohol and drug abuses, years-long religious practices and restricted freedom, all of this when summed up brings us to conclusively the term ‘patriarchy’.

 Laws Concerning Domestic Abuse.

India has offense-specific legislation The Domestic Violence Act, 2005 where Section 3 defines Domestic Violence as physical or mental injuries caused to the aggrieved person. Despite the fact that the DV Act has a number of protections in place for preventing domestic abuse against women, the implementation of the law seems to have lost its significance. Other laws for the protection of domestic violence against women include The Dowry Prohibition Act, 1961, and The Indian Penal Code, 1860. We have a number of International Legislations on the same including Declaration on the Elimination of Discrimination Against Women, 1967, Convention on the Elimination of All Forms of Discrimination Against Women, 1979,  Vienna Declaration and Programme of Action, 1993 and Declaration on the Elimination of Violence Against Women, 1993. It is worth noticing herein the fact that despite these numerous women-centric legislation and place in consonance with the international conventions, the number of domestic violence cases haven’t been cutting short for long. Conclusively, it could be said that despite the number of laws that are put into place for the protection of the women from domestic abuse, it is the process of implementation that plays a very important role.

 Increase in Complaints.

It cannot be denied that post the lockdown announcement in India, the number of domestic complaints received by the National The commission of women has doubled. Apart from NCW, other women helplines have seen a surge in the number of complaints. As per the report of the Ministry of Child and Development, India, homes are the most prevalent place of violence against women. After all, what fairness do we expect in a state where almost 57% of women are deprived of phones, especially at this time of the pandemic. Domestic labor, the wrongful exercise of patriarchal power, lack of education, limited technological resources to reach out to the authorities, and more or less the failed implementation of the laws by the Police machinery are other reasons which can be attributed to the issue in concern.

 Landmark Precedents.

The Indian Judiciary has uprightly identified the plights of the aggrieved in the past and continues to do so. Where in 2011, the SC held that the wife may file a complaint against the husband as well as the relative of such husband, in 2015 the Apex Court elucidated on the duty of the Courts to scrutinize the facts in case of domestic abuse carefully and patiently. From the landmark 2012 case where the SC held that the DV Act can be applied retrospectively, to the recent 2018 case where the Apex Court held that the estranged wife or a live-in-partner can claim maintenance under the DV Act. Lastly, not to be forgotten are the cases where the Apex Court recognized the right to be free from physical violence and where SC guaranteed the right against sexual and emotional abuse.

Measures forward.

Recently the J&K HC bench headed by Justice Gita Mittal suo-moto took cognizance of domestic violence cases amid the lockdown and issued detailed guidelines for prevention and protection. The Delhi HC has also recently directed the Centre for the protection of women from domestic abuse. Keeping in mind similar petitions, formalized guidelines shall be laid down by the Centre so that uniform guidelines are put into practice from immediate effect and the fundamental right to life under the Constitution is duly seen to be practiced.

Along with these steps, a number of other things can be taken into consideration for the prevention of increasing domestic violence cases. From well-designated help desk numbers that the public may know about to the services that may be rendered to the women in need like counseling and medical support. From educating not only the women about their rights but the entire strata of the society to respect women and treat them equivalent to men, to providing the women with protection officers under various legislations. Further, on a personal level, from organizing small campaigns in the society and neighborhood about the self-defense and survival strategies to reaching out to the worthy Police and other Organizations when some women are in need. All these steps although minute can create a big impact in society overall.