Abstract
Domestic violence is a form of behavior used to show the power and control over another person, often including threat or use of violence. Domestic violence can include physical violence that can lead to injuries such as bruises or broken bones, sexual violence, emotional abuse which can lead to depression ,anxiety etc. It occurs among people of all ages. The number of crimes committed against women in India is increasing every year. According to the National Commission for Women which said that 69 cases have been reported from 24th of March 2020 to 1st of April 2020.[1]
Many researchers have found that the status of women in Indian society is low which results in the partner to be dominant. The importance of domestic work is still being neglected. Domestic violence not only affects women but also the growth of the country. This paper explores the factors which are associated with domestic violence incidents during this pandemic situation. This research is also about the violence that exists between the victims and offenders.
Keywords
Domestic violence, Covid-19, India, Lockdown, Pandemic.
Background
Globally, domestic violence against females is common across culture, religion, class and ethnicity. There are various reasons for domestic violence and it might have serious health outcomes.
Introduction
In India, from 25th March 2020 there was complete lockdown which has given a great impact on one’s life may it be physically, financially or mentally. Many rape cases, robbery, domestic violence, suicide have been found during Covid-19. Being isolated at one place during this pandemic situation has a jolt on every individual’s mental health and in the rate of depression too.
According to the Domestic Violence Act No: 116 of 1998, it means:
• Any form of abuse which includes physical, sexual, emotional harassment.
• Damage to property.
• Stalking
• Entry into a person’s property without their consent
Domestic violence against women is a serious problem which directly affects the well-being of women and quality of life. Domestic violence is also known as dating violence, spouse abuse etc. Domestic violence is a major problem which affects billions of people and often results in emotional breakdown or even deaths.
Different types of domestic violence include:
• Physical abuse-punching, kicking, burning
• Sexual abuse-marital rape
• Verbal or Emotional abuse-using filthy language, torture, blackmailing.
• Economic abuse-financial abuse or to stop the women from working.
Domestic violence cases had a rapid increase in Covid-19 lockdown due to unemployment, stay-at-home rules which lead to difficulty in controlling anger. Both men and women experience domestic violence but the number of women facing any kinds of domestic violence is higher as compared to men. The restrictions imposed to curb the spread of virus resulted in an increase in violence. The National Commission of Women has recorded 291 complaints of domestic violence in March 2020.[2] One of the main reasons for facing physical abuse was that several women lost their jobs and sources of earning.[3] Domestic Violence can happen to anyone irrespective of their caste, color, age, gender, creed or race. Domestic Violence rate is increasing due to Covid-19. Less access to legal profession, less hearings and closure of courts also giving a reason for domestic violence. Home is considered as a safe place, but not for everyone. Domestic violence cases have increased by 40% during the lockdown as they all are trapped in the house with their violator. 86% of women who experienced violence never solicited for help. 77% of the victims did not even mention the incident to anyone. During the lockdown (25th march-31st may) 1,477 complaints were made by women. This period recorded more complaints than those between March and May in the last 10 years. All this needs advocacy and justice. Due to lockdown the courts were closed and no cases were heard. There are many pending cases in the courts. The pending cases and the new cases report needs lawyers to help them seek justice. The world cannot survive without justice. If there is no justice there will be chaos all around the world. The crime rate will increase and the criminals won’t fear the government. This happened during the lockdown where there was no justice and the criminals were free to do the crimes. The rape, domestic abuse rate and the suicide rate increased during the lockdown.[4]
Research Methodology
A predicted survey was conducted online between 5th January to 8th January 2022.[5] Female respondents were recruited from neighborhood, social-media platforms using the questionnaire method. The research was also relied on the analysis of newspaper data of Indian newspapers which are:
• The Times of India
• The Hindu
•The Economic Times
The main reason to choose these newspapers is that they cover all the reports across the states and country. The online sources and survey method was performed throughout including Google search engine.
Questionnaire:
Q1) Which category below includes your age?
□ 20-30
□ 31-40
□ 41-50
Interpretation: 10% of respondents are from the age group of 31-40 where 50% of respondents are from the age group of 20- 30 and 40% of respondents are from the age group of 41-50.
Q2) What is your gender?
□ Female
□ Male
Interpretation: 90% of respondents are Female and 10% of respondents are Male.
Q3) Which of the following types of domestic abuse are you aware of?
□ Physical
□ Sexual
□ Mental
Interpretation: 40% of respondents are aware of Physical abuse while 40% of respondents are aware of mental abuse and 20% are aware of Sexual abuse.
Q4) Have you or anyone you know suffered from different forms of domestic violence?
□ Yes
□ No
Interpretation: 50% of respondents are familiar with people who suffered from domestic violence and 50% of respondents are not familiar with people who suffered from domestic violence.
Q5) What sort of domestic violence have you or someone you know experienced?
□ I have not been a victim of domestic violence
□ Punching, Hitting, Slapping, Causing injury
□ Been Burnt
Interpretation: 50% of respondents have not been a victim of domestic violence while 50% of respondents have been Punched, hit and have been slapped which caused injury and 0% of respondents have been burnt.
Q6) What was the relationship with the abuser?
□ Boyfriend/Girlfriend
□ Husband /Wife
Interpretation: 90% of respondents have been in a Husband/Wife relationship.
While 10% of respondents have been in a Boyfriend/Girlfriend relationship.
Q7) Was the abuser Male or Female?
□ Male
□ Female
Interpretation: 100% of the respondents say the abuser was male while 0% of the respondent says the abuser was female.
Q8) If you were the victim, where would you go?
□ Organization
□ Family
□ Police
Interpretation: 70% of victims would go to Family while 20% victims would go to Police and the rest 10% of victims would go to an Organization.
Q9) Did you know it’s just not women and children that suffer from domestic violence but it’s men as well?
□ Yes
□ No
Interpretation: 90% of respondents knew it’s not just women and children who suffer from domestic violence but men as well. While 10% of respondents didn’t know it’s not just women and children who suffer from domestic violence but men as well.
Q10) Did you know that children exposed to domestic violence are more likely to become adult perpetrator’s themselves?
□ Yes
□ No
Interpretation: 60% of the respondents know that children exposed to domestic violence are more likely to become adult perpetrator’s themselves, the rest 40% of the respondents didn’t know that children exposed to domestic violence are more likely to become adult perpetrator’s themselves.
Rationale
Domestic violence is a common problem that is faced almost in all countries. My main reason to choose this particular topic was to see how much the number of cases of domestic violence has risen due to Covid-19 Lockdown. If you refer to the above survey, the majority of women know people who have suffered from domestic violence. The research paper mainly focuses on the number of women who have been ill-treated by their spouses or family members. At last, my main motive from this survey or research paper is that an individual should know about their rights and duties when it is being violated, and they should take a stand for their rights instead of getting hurt by it.
Review of Literature
HOW DOMESTIC VIOLENCE CASES GOT DOUBLED DURING THE PANDEMIC SITUATION?
According to the counselor of an NGO, there was one case where there was very severe physical violence. The girl didn’t want to stay at the house but due to the ongoing situation she could not go anywhere. She was continuously approaching the police officers but did not get any positive response from them. She even approached the NGO near her locality but she couldn’t be rescued. The NGO somehow managed to do telephonic intervention so that at least the physical violence could be stopped. Somehow, the physical violence got stopped but the lady was still facing mental and verbal abuse. During the Covid-19 situation the common principle for every individual was to stay at home and be safe, but staying at home for some women was very difficult and not even safe, as they were trapped by their abusers. After the imposition of complete lockdown the rise of Domestic Violence increased rapidly. During the 1st week of lockdown the number of complaints doubled. According to NCW the cases were especially increased in Northern States Of India, where as the NCW was working 24*7 on the complaints. As per the data received by National Crime Records Bureau data of 2018, around one-third of the crimes faced by the women were registered under “cruelty by husband or his family members”. In most of the cases women were facing domestic violence during the night. But in lockdown they were staying together the whole day which resulted in the increase on violence. And yes, economic instability during such on-going crises gives an impact on Domestic Violence. In the 2000’s the study also said that unemployment among men resulted in such violence also having no control over their jobs and financial security they become over-control over their partners and sometimes to the point of abuse.
Another case which arose during this pandemic situation is where the husband was watching blue-films in the house during the day-time, the wife tried to make the children asleep but that did not work. Later on, the wife shouted at the husband, so the husband started beating the wife and the children. She managed to call the cops but they said this isn’t important right now.[6]
According to the statistics received by the NFHS of 2015 only 12% of women who have suffered any of the violence have sought any form of help. It has been noted that several NGOs stated that due to lockdown it has been difficult to report such kinds of abuses.
The Supreme Court, in the case of Ajay Kumar vs. Lata Sharuti on 8th April, 2019 said that a complaint of domestic violence may be filed against the husband or male partner, or against his relatives depending on the situation.[7]
The same year 2019 in the case of Smt. Haimanti Mal vs. The State of West Bengal on 9th July, the Calcutta High Court directed a man to award a compensation of Rs.1 lakh to his wife on account of the mental agony caused to her by his conduct. Though the complainant got the court to award compensation in this case, the court said that the grant of compensation cannot be justified in the absence of evidence.[8]
In 2018, the conviction rate for Domestic Violence cases under Section 498A was only 13%, compared to the 50% conviction rate for all IPC cases that year.[9]
Myths about Domestic Violence
• Domestic violence happens only to poor women.
• Unemployment, alcohol, depression etc. do not directly cause domestic violence.
• Many men do not accept their abusive behavior instead they blame the victim.
• Till date causes of domestic violence are not known.
• Victims provoke their partners.
• Domestic violence is just a normal slap or kicks which is not serious.
• Women ask for it. They deserve what they get.
Forms of Domestic Violence include:
• Against Women
• Against Men
• Against Children
• Against Elder
Risk Factors Due To Which Domestic Violence Can Be Faced:
• Low self-esteem
• Low income
• Unemployment
• Aggressive or delinquent behavior
• Heavy alcohol and use of drugs
• Depression
• Anger and hostility
• Prior history of being physically abusive
Why Violence is tolerated by Women?
• Dependent status
• Gender Inequality
• Social tolerance
• Physically weak
Effects of Violence on Women
• Post-traumatic stress disorder
• Chronic depression
• Suicide attempts
• Sleep disorder
• Anxiety and stress
Reliefs for Women in Domestic Violence Act, 2005
• Protection can be issued by a magistrate for providing protection to the women.
• Victims should be provided adequate legal aids, medical facilities, counseling and shelter homes.
• Women shall not be evicted or excluded from the household or any part of it. But the magistrate may order an eviction for the sake of safety of the victim.
• Monetary relief and compensation is granted for the injuries, physical and mental.
• Temporary or permanent custody of any child or children is granted to the victim.
According to the officials of NCW a total number of complaints registered against women in 2019 are 19,730 whereas in 2020 its 23,722.From January 2021 to 25th March 2021 1,463 were registered of domestic violence. The positive impact which has led is that through social media the reporting of domestic violence cases has increased. Through one of the studies it was found that only 4% of women have approached the NGOS in 2013.Lack of resources also lead to the approach of this kind of violence.
Where can a person complain against Domestic Violence?
• File an FIR
• Online FIR
• Contact Domestic Violence helpline numbers which is: NCW-011-26942369
• Contact legal aid helpline numbers
As per the Bollywood movie “THAPPAD” which is a story on domestic violence is a massive bang on the face of the society which has made men believe that they are superior to women. The movie has made us realize how men treat their wife’s, or any female member in their family with their dominant behavior. The movie has also concentrated on the fact that violence cannot be tolerated under any situation. #The MeToo movement is the best example when we talk about the violence. The movie also focuses on the fact that women should be treated with respect rather than violence.
The Laws for Domestic Violence
According to a recent survey, 70 percent of women in India either are victims or have been a victim of domestic violence.
The domestic violence was first introduced by The Indian Penal Code, 1863
Section 498(a) when for women’s husband and the relative of the husband subjecting to cruelty done with her.
The Protection of women against domestic violence, 2005 as an act came into force on 26 October 2006, by the Parliament of India. This act differs from
Section 498(a) of IPC because it provides a broader sense to the definition of Domestic Violence.
There are also various provisions have been made for the Protection of women against domestic violence under various statutes, such as
Section 304(b) of Indian Penal Code, 1983, for cruelty, that also lies under domestic violence’s definition.
The criminal law amendment, 2013, was a landmark in the subject, as it amended some sections of the Indian Penal Code, The Criminal Procedure Code, and the Indian Evidence Act.
Under the amendment, the terms sexual assault and rape were clarified and added on, and the penalties and punishment were made much severe. Under the 2013 amendment, Acid attack, stalking, publicly and forcefully disrobing women were also added and made punishable under law.[10]
Suggestions
• If going to the police or court is too intimidating a survivor can approach Non-Governmental Avenues like: Ngo, Women’s helpline numbers etc.
• Women can also approach the Ministry Of Women And Child Development launched in 2015 by SWADHAR GREH for women who are in distress.
• If necessary seek medical attention.
• Go to a safe place, such as a domestic violence shelter.
• Education should be increased among girls and boys from a young age.
• Give women training related to self-defense.
Conclusion
Would conclude by stating that Domestic Violence in a married life is accepted, usually women’s are taught that they are financially dependent or it’s ok for men to torture or show his dominant behavior. The families are usually scared of financial dependency or fear of getting divorced etc. If you are a victim or if you know anyone who is facing such type of abuse, then please get help immediately. There are still women out in society, who are illiterate and do not have any idea about their rights being violated. They tend to accept the violence as something normal. There is a need for organizations where women can share their issues and get it resolved. Educational programs should be held so each woman in the society could know their rights and duties. Domestic violence is not visible in the society, but is the part and parcel of every woman in India. Recently in India a campaign “Bell-Bajao” was launched. It is an anti-social campaign where individuals are urged to come forward and take a stand for their rights and the violence been happening. The research also shows that Domestic Violence against women there is only theoretical constitutional equality for men and women but when it comes to practice women are not considered as equal to men in the patriarchal form of society. Most of the victims of Domestic Violence do not approach to seek relief under different legislations. Weak enforcement of punishment in India is most frequent cause to avoid seeking help from any formal sources. Domestic violence is a threat to life and health not only for women victims but it includes children also. But the solution to this problem is only the victim; if she chooses to talk about this or seek help; only then the problem can be solved.
-Don’t be a silent victim fooled by so-called Love,
Say no more to domestic violence.
Name: SANIYA FAHEEM AKHTAR ANSARI
College: RIZVI LAW COLLEGE, (Mumbai)
[1] NCW, http://ncw.nic.in/ (Jan. 8, 2022)
[2] NCW, http://ncw.nic.in/ (Jan. 8, 2022)
[3] How domestic violence cases have risen during Covid-19 lockdown, India Today, at 1:06 (April 9,2020),
[4] Vignesh Radhakrishnan, Sumant Sen, Naresh Singaravelu, Domestic violence complaints at a 10-year high during Covid-19 lockdown (June. 22, 2020, 15:53 IST), https://www.thehindu.com/data/data-domestic-violence-complaints-at-a-10-year-high-during-covid-19-lockdown/article31885001.ece/amp/
[5] https://docs.google.com/forms/d/e/1FAIpQLSfcF0-yaOUCLP9hQ4B1K4o-yDA4iXNKTGRN9jPU5iPUHeyTuQ/viewform
[6] How domestic violence cases doubled during lockdown, Indian Express Online, at 6:27 (April. 30, 2020), https://www.youtube.com/watch?v=zANvXYDz7qk
[7] Ajay Kumar v. Lata @ Sharuti & ors, Criminal Appeal No.617 of 2019.
[8] Ms.Aiswarjya Gupta,Ms.Priyanka Saha v. Mr.Sabir Ahmed,Mr.Md.Kutubuddin, C.R.R.3907 of 2016.
[9] The Economic Times, https://economictimes.indiatimes.com/topic/498a-of-ipc (Jan 8,2022)
[10] Protection Of Women Against Domestic Violence And Maintenance, https://www.indiafilings.com/learn/protection-of-women-against-domestic-violence-and-maintenance/ (Jan. 8,2022)