“Crowded homes, substance abuse, limited access to services and reduced peer support are exacerbating these conditions. Before the pandemic, it was estimated that one in three women will experience violence during their lifetimes. Many of these women are now trapped in their homes with their abusers.”[i]
With the COVID-19 hitting our lives, life on Earth has practically been frozen. We have been subjected by the government to stay at our homes while the government turns a deaf ear to the domestic responsibilities that have spiked during the lockdown. According to the National Commission for Women, the cases of domestic violence has doubled during lockdown compared to pre-lockdown days. Domestic violence has become a shadow pandemic to women who are trapped at their homes with their perpetrators and cannot escape as they have been trying escape the pandemic COVID-19.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
Domestic violence is a civil law in the country. On 26th October, 2006, the Parliament of India enacted ‘The Protection of Women from Domestic Violence Act’ to protect the women of any sort of domestic violence faced by them in their domiciliary. Under the section 3 of the Domestic Violence Act, violence includes all forms of violence i.e. emotional/verbal, sexual, and economic abuse. However, the law cannot be enforced criminally and is fundamentally meant for protection orders. In this pandemic, it is extremely strenuous for justice to be served as to get hearings and protection orders when the courts are only taking matters selectively and of prime importance. Since, domestic violence is only a civil law, matters of criminal nature are being given more importance at the present scenario. The abusers and the perpetuators are exploiting the current situation as the women are not able to escape or call for any help.
MARITAL RAPE IS STILL NOT A CRIME
Time and again, women in the country have been tyrannized by their husbands. India continues to be one of the thirty- six countries in the world that have not criminalized marital rape even in the 21st century. Non-Criminalization of marital rape is a clear violation of Article 14 & 21 of the Indian Constitution, yet this heinous crime is not criminalized in the country till date and the number’s of this is increasing hastily in this pandemic.
INNOVATIVE VIRTUAL SOLUTIONS ADOPTED IN THE WORLD
Spain has come up with a prompt messaging service that endeavors an online platform for the victims to get emotional and psychological support. This messaging service is featured with allocation function that has successfully helped the survivors in the country. Pharmacies were announced as a safe space in Argentina for the casualty to report for the abuse. Simultaneously, in France there have been shelters provided to the abused women in grocery stores and hotel rooms. Free online mobile services are accommodated in Antigua and Barbuda that deliver support and help to the victims. Furthermore, in China to advocate the links of online resources helping the abused women, the hashtag #AntiDomesticViolenceDuringEpidemic was widely tweeted to bring about awareness in the country. The government needs to guarantee a prolonged access to these gender based violence victims virtually. There should be services like psychological support, legal hearings, legal advice and police and justice services provided at an enduring pace.
CALL OF ACTION NEEDS TO BE TAKEN
The conditions of a lockdown have not only exemplified the existing condition of domestic violence but have also created more new victims. The fact that everyone is now forced to stay at homes as a precautionary measure of ‘social distancing’ and have a lot of free time exposes the individual to various psychological issues. There is an anguish of stress and panic around us that has led to emotional abuse. Moreover, with the economy slumping there is a huge chance that a lot of women loose on their jobs and business that will lead to a loss of financial independence and make them even more weaker in the eyes of the abuser. The government and the authorities need to realize the gravity of this situation and call of action needs to be taken instantaneous.
CONCLUSION
In this alarming situation local NGO’s need to come up together and shall provide financial and emotional assistance to the abused victims. Mental health is an extremely crucial aspect yet scorned upon. Remote counsellingcentres shall be set up exclusively to deal with the mental health of the victims of abuse. There is a need for the government to design plans and schemes that includes betterment and welfare of the lives of these women and girls. In India, rather than pointing out the factors that have been overlooked there needs to be complete awareness about domestic violence among the women, the help that is available and mental health shall definitely be a priority to promote peace and stability in the society.
ANUBHUTI BHUSARI
2nd Year BBA LLB
Symbiosis Law School, Noida
[i]Guterres, A. (n.d.). Policy Brief: The Impact of COVID-19 on Women (Publication). United Nation Foundation.