FATE OF WOMEN DURING THE LOCKDOWN

A HOME OR A HELL?

By Devika Mathur

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Introduction:

During the current lockdown, the homemakers have found themselves in the worst imagined position ever where they do not have to deal with the enemy outside but with an enemy residing within the house. While the situation is horrific for all domestic violence victims, accessing help can be particularly challenging specially during the current pandemic situation prevailing all over the world.

In closed claustrophobic spaces, with the police busy elsewhere and courts virtually closed, is there any way to protect and safeguard the victim(s) by

keeping in view the social distancing norms?

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Let us demystify the situation of Domestic Violence for you.

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GENDER AND DOMESTIC ABUSE:

Domestic violence is a pattern of behaviours’ used by one partner to maintain power and control over another partner in an intimate relationship, but in practicality, it is much worse than ever imagined. It is a form of gender-based violence, violence “directed against a woman because she is considered the weaker gender”. An abuser uses fear, guilt, shame, and intimidation to wear down and keep them under their thumb.

There are laws drafted for protection of women, the United Nations that believe in women empowerment and equality of every human being has categorically held that Women’s Right should always be at par with the society and any attack on the women in their domestic household would equates to attack to the entire society and mankind.[1]

In Indian Legislation acts and statutes, have been drafted that protect the women against cruelty, and one of such act is Domestic Violence Act. The origin of the Domestic Violence Act lies in Article 15 (2) of the Constitution of India, which clearly says, “State can make special provisions for women and children” towards realizing the right to equality. The Bombay High court in the case of Roma Rajesh Tiwari v. Rajesh Dinanath [2]has held that purpose of enacting the Domestic Violence Act is to secure the right of a woman to reside in her matrimonial home or shared household, irrespective of the question ‘whether she has any right, title or interest in the said household or not’..

The problem that has arisen during the Pandemic situation is, whether justice can be brought to the victims during the present times when they are locked with the abusers.

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Let us understand the following concepts:

Who is an aggrieved person?

Section 2(a) of the Domestic Violence Act defines:

A) any “woman” who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;

B) "child" means any person below the age of eighteen years and includes any adopted, step or foster child;

What Constitute Domestic Violence?

Section 3 of the Act defines domestic violence, but to simplify it, the Hon’ble court of Gujarat in the case of Bhartiben Bipinbhai Tamboli v. State of Gujrat and others[3] has elaborated on the types of abuse or domestic violence under the Act such as:

· Physical Abuse

· Sexual Abuse

· Verbal and Emotional Abuse

· Economic Abuse

However, amongst all of the above, four mentioned there are other types of abuses or domestic violence such as “technological abuse”, honour-based violence, forced marriage, female genital mutilation (FGM).

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“Despite all said and done the Problem still looms at large”

RELUCTANCE IN NATURE OF THE OPPRESED TO REPORT THE CRIME

Most of the time the pain and injuries inflicted by the oppressor on their partner go unreported in a country like India, in which the orthodox theories still prevail. Some of the reasons why these heinous crimes go unreported may be mainly attribute to the followings:

1) Social Stigma

2) Religion/ customs

3) Fear of being ousted

4) The victim love for the batterer

5) Lack of knowledge about the law

6) Lack of money resources

7) Low self esteem

8) Embarrassment or shame

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CONCLUSION:

NATIONAL COMMISSION OF WOMEN TO THE RESCUE

The patriarchal society which believe in curbing the women in their hand have somehow gained the momentum where these Men see Quarantine as an opportunity to tighten up the chains all around their age old slaves-WOMEN. With partners and children potentially trapped at home during the COVID19 lockdown, the rate and intensity of abuse could get even worse and extend to suicide and Child Abuse cases. There are sections in the Domestic Violence Act that provide speedy justice.

section 8 (1) of the act, appointment of an “Protection Officer” a person appointed by govt. under this act, who is empowered to provide first hand Assistance to the victim before taking recourse to the court or the police. Section 6 and 7 of the act that casts a duty upon the protection officer to provide home shelter and medical facility to the victims when requested.

There are much more proactive steps taken by the government to prevent such cruelty inflicted upon women such step taken by a statutory body of the Government of India Named as National Commission of Women that aims at protecting and promoting the interests of women. The NCW paved a way out for lodging the complainants of such aggrieved women by launching a dedicated Whatsapp number 7217735372 [4]where the crime can be reported.

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NEVERTHELESS, IS THIS ENOUGH?

In my opinion, the government by just issuing a Whatsapp number cannot evade from the liability of taking care of the oppressed section of the society as it goes to the extent of Right to Equality as enshrined in the Constitution of India should take steps that are more coercive in nature such as:

1) The situation of emergency shelters for female victims of domestic violence is a major concern.

2) Dedicated Helplines and other channels should be readied to encourage the victims to conveniently approach them

3) Employment of more para legal in order to provide free legal advice would also ease out the prevailing problem.

4) Publication and aggressive advertisement by the government through print media and electronic media will encourage the spread of knowledge and rights, as knowledge is the biggest asset one can have.

5) New strategies should be in place to administer and monitor provision of legal help to the victimised women and girls during the current situation of lockdown so that women can have equally safe and happy lockdown period.

6) The dedicated NGO should also play their part by spreading the awareness and laws, which women can take recourse to and should provide the necessary legal support.

Having drafted all the laws and rights for the women, all would render no fruit without appropriate set of awareness campaign and dispute resolution mechanism, which should be simple, yet effective being put to place by the respective authorities in order to enrich the dignity of the women.

Author is an Advocate practising in Delhi High Court. View(s) of the author are personal.

[1] http://thelawbrigade.com/criminal-law/protection-of-womens-rights-and-dignity-a-social-responsibility/ [2] https://indiankanoon.org/doc/184037116/ [3] https://indiankanoon.org/doc/50081395/ [4] https://www.deccanherald.com/national/national-commission-for-women-launches-whatsapp-number-to-report-domestic-violence-during-coronavirus-lockdown-823726.html