Domestic Violence during Covid-19

It sounds awkward but it’s a fact that during the covid-19 lock-down the rate of Domestic violence has been increased in the country. Essentially, it’s not just India but many other countries like France, Mexico and many are also in the list, its global surge of domestic violence since the lockdown. It is upsetting to know that already the world is suffering in various ways due to Covid-19 and alongside the domestic violence is also rising every day.

What is Domestic Violence?

Arguments, fights are normal when two or more people are associated. But when the argument and fight crosses its limit and it imposes mental or physical stress on someone it becomes violence. When such violence happens at home it is called as “Domestic Violence”. Domestic violence can be done by anyone in the family.

Cause:

Epidemic Covid-19 has brought us a different world which we never expected. It’s not few countries but the whole world is under the trauma of Covid-19. Subsequently the fear and anxiety has been amplified among people. The fear of life, fear of freedom, fear of moneys, and fear of job security have become the reasons of fretfulness. So, when people with such anxiety are locked at home they are more prone to anxiety hence they are taking out all their stress on someone vulnerable available at home. And it takes an extreme shape and results as “Domestic Violence”.

The important point I want to tell you is such violence is not done by a person who was sound till the lock-down started and overnight he is a different person. They are the same people who used to create vicious situations at home, who were not in healthy relationships already and somehow it was diverted due to several external factors like they might go out to friend’s place, work, drive, drink, drugs, bars and pubs etc. Hence, when they are stuck they take out their anxiety at home.

If we talk about India, it has been seen majority of the Domestic Violence causes are due to addiction of Alcohol.

Domestic Violence in India:

Few days before India’s NCW (National Commission for Women) said it registered 587 domestic violence complaints between March 23, 2020 and April 16, 2020 and it’s increasing on daily basis. One-third of women in India’s 2015-2016 National Family Health Survey (NFHS) said they had experienced domestic violence, but less than 1 percent of them sought help from the Police. (Sources)

According to the NFHS study, 52% of women and 42% of men believed that a husband is justified in beating his wife. Showing disrespect towards the in-laws topped the list of reasons respondents deemed it acceptable to subject a wife to a beating.

One thing we should make clear that the Domestic violence is not only by husband to wife, it can be vice versa wife to husband. In some cases the violence is also by other members of the family too. Since in majority of the cases it has been seen between husband and wife, here we are discussing the same topic.

In other parts of the world, mechanisms to protect women from being locked-in with their abusers have evolved to take into account lockdowns and social distancing. The French government has promised to open pop-up counseling centers and pay for hotel rooms for domestic violence victims, who have also been encouraged to seek help at pharmacies. Whereas in Italy the government has launched an app that enables domestic violence victims to seek help without making a phone call. In India, the response is still under process.

In recent news, Bengal witnessing number of domestic violence cases during lockdown. And earlier we heard news from Chennai.

Law against Domestic Violence:

WHO has given guidelines and helping tools for domestic violence during Covid-19. The link can be followed WHO

In Indian legal system there are several laws enacted to protect the victim of domestic violence. Protection of Women from Domestic Violence Act, 2005, Criminal Law (Amendment) Act, 2013 are majorly adopted to resolve cases of domestic violence. There are counseling and rehabilitation centers for domestic violence victims.

The parties to the domestic violence can undergo counseling or may opt for divorce along with disciplinary action.

Domestic violence and divorce:

Studies show that approximately 95% of the victims of domestic violence are women. Roughly 40% of all physically abused children have also witnessed physical violence between their parents. Whether it is a man or woman both reserve equal rights and justice to deal domestic violence on them. When the violence continues, the victim should resist and call for its legal rights.

The victim must be aware of the law against domestic violence and the seriousness of the crime. Consultation with a legal practitioner is advisable. Divorce always been taken as taboo whereas it is a law.

If you are dealing with domestic violence or someone you know is undergoing this trauma please consult a lawyer to know and understand your legal standings. Please note, Domestic Violence could be Physical and Mental.

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By, Adv. Anupam Agarwal