This Article Is Written By Ganeev Singh Sahni, Studying BA.LLB (Semester-5), 3rd Year At Lloyd Law College Greater Noida.
Introduction:
Domestic Violence, has become a common threat in India these days. Today, thousands of mothers, wives, sisters and daughters who were historically treated as goddesses in our society are a source for domestic violence . They are often exploited on the basis of money , fertility issues and other psychological issues. They are just treated as a product of objectification and are often beaten up, harrassed or even killed in certain circumstances. The definition and explanation is vastly provided under the Domestic Violence Act 2005.
Domestic Violence Act:
The following act was introduced in the year 2005 with the main objective to govern the safety and security of women. As mentioned above, woman in the historical period were treated as goddesses. They were given high respect and dignity. They were even allowed to practice certain religious practices such as Swayamwar, Under which they could choose their choice of man they wanted to marry. Also, Polygamy was allowed. But, the scenario of the woman in the current society is different. So, To improve the status and dignity of women Such that they can reach high this act was enacted.
This act defines domestic violence as the follows:
Any act, for the Commission, omission or conduct of the responded shall constitute to domestic violence in case it:
- Harms, injures, endangeres the healthy or the well being whether mental or physical of the aggrieved person which includes physical sexual verbal emotional and economic abuse.
- Harasses, harms or injures the aggrieved person with the view to coerce her or any other person related to her to meet any lawful demand for any dowry, other property or valuable security.
- Effects the aggrieved person by threatening him or any other person related to him by any means as mentioned under clause (a) and (b).
- Injures or causes either physical or mental harm to the aggrieved person.
Under the following definition, as given under the Domestic violence Act 2005, Physical abuse only denotes bodily harm. Whereas, sexual abuse denotes any abuse that is sexual in nature for any conduct that decreases the dignity of women. The following definition also considers verbal or emotional abuse which denotes humiliation, name calling with special regard of not having a child specially a male child and physical pain to any person in whom the aggrieved person is affected. The definition also consider various economic abuses which denotes deprivation in economic and financial forces to which the aggrieved person is interested or entitled under law and also denotes various customs and disposal of household effects.
Objectives Of The Act:
The following act includes all women and also safeguards the rights of each and every woman present in the country. But there is also an exception under this under which no female relative, husband, male relative can file any complaint against the wife or a female partner. For example, mother in law cannot file any complaint for any daughter in law, but can only file a complaint for her daughter in law.
Covid-19 a turning point:
Considering the Covid-19 situation, we have clearly seen the whole world suffering either in social, economic, political and even various medical factors. The search for vaccine had resulted in tremendous deaths and illness. As a result of this the government passed an order for a lockdown world wide. This was a turning phase under which man, who is always considered as a “Social Animal” couldn’t connect with the society. In addition to this, it has also laid a great impact upon the economic status of every person. Due to lockdown, most of the businesses were closed and a man couldn’t sustain economically. Other than this, the fear of the pandemic also resulted in a psychological harm in the life of every human being.
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Such situations, has also increased the cases of domestic violence during the pandemic. It was observe that it least one in three women’s and girls had reported the case of domestic violence during the pandemic. But no action could be taken against it due to lack of such data because of the sensitivity stigma and shame around the subjects, as well as the constraints that were imposed by the pandemic.
According to a report that was published by the United Nations 13 countries which included Kenya, Thailand, Ukraine Albania Bangladesh, Columbia Parague, Nigeria, Morocco Jordan And Kyrgyzstan reported high severity upon this problem under which every two of three women experienced domestic violence but nearly one was reported during the pandemic. When observed, the most common was verbal abuse around 50%, physical abuse around 36% and denial of means of communication around 30%. 7/10 women were surveyed and around 3/5 of the women believe that violence against women is common in their community.
Impact Upon Mental Health:
As mentioned above, the situation of covid-19 has impacted the mental health of people upon various circumstances. The same is applied upon domestic violence. Many women have reported an increase in stress and anxiety due to domestic violence during the pandemic.
Socio Economic Factors:
Like any other discipline, various socio economic factors have resulted in the increase of domestic violence during the covid-19 pandemic. As a part of a survey, around 4/5 women face violence when their partners are not earning. This has also increased food insecurity in families resulting in domestic violence. Also those women whose main economic goal is to maintain the household, also has been highly impacted by cases of domestic violence. Also, those women who have full time unpaid caregivers are more likely to report such cases.
Age Barrier:
Is barrier has also played an important role for an increase of domestic violence during the covid-19 pandemic period. Various service have observed that most cases of domestic violence of women are reported when they are in there reproductive age that is (15-49) years. A response of all women above the age of 18 was taken and was concluded to a finding that age doesn’t offer much protection. Women above the age of 60 years also experience some form of violence.
Women Do Not Seek Outside Help:
According to a survey, around 49% of the women only seek help from family members only 11% of them from police and only around 10% of them from Support centres. This situation was at turning point for those who seek outside help.
Goretti Ondolu, Indian women whose husband had died in 2001 was facing severe abuses from her husband’s family ever since. It was only late 2020, after beaten up to hospitalization she reached out to a local Human rights defender. This also included the operation of a dispute resolution process pushing the case to court. The Human rights defender help to secure was settlement that Ondola can also hold her own property and land title upon her deceased husband. That it is a beginning of a new life after 20 years.
There were where is recommendations by the United nation women commission for action against domestic violence. Some of them are stated as follows:
- Women Should Be At Centre For Policy Change Solution And Recovery: Under this voice of women, rights and recovery must be bought into during the pandemic. This included the development of women organisation under recovery comma planning longer term solution for violence against women or girls.
- Provision of resources to address such violence: under this, evidence based measures address violence against women or girl. This should amount in increase in holistic multi sectoral and fully integrated plans in national or local policies with respect to women.
- Strengthening women service experience in violence during covid: under this government shall increase Shelters, hot lines, reporting mechanism, psychological support and police response with respect to women. Also common National and local government shell bridge the gaps in these services so that all women’s or girls are able to access them.
- Invest Medium Or Long Term Prevention Efforts To End Violence Against Women Or Girls: Under this the government shell insure increase in gender norms route cause, risk factor of violence against women. It should also include dedicated curriculum in the education system, economic support to household and awareness campaign.
- Collect Sex- Disaggregated Data Upon Covid-19: adequate data upon 6 age disaggregated data on mind or long term impacts upon women or girl. It should also include and increase in face to face household survey administration data and needs of responsive services with respect to women.
Personal Statement And Conclusion:
With respect to the following points, I believe there is a scope of increase in the Domestic Violence Act 2005. Considering the situation of covid-19, We still need to bring about various new amendments into the act such that the women are secured for future. As a part of the internship, we had experienced the same issue that women feel embarrassed to tell about domestic violence with a fear of the society. So I thoroughly believe we need to facilitate such a platform that women feel free to tell about domestic violence. This will only happen if we work on the grass route level making them comfortable to share there problem by providing them with proper health and education.
Other than this, I would also recommend to start a commission for the equality and dignity of men, as even Molestation and other offences with respect to men are increasing. The main work of every commission is to promote, protect and supervise the dignity of all citizens who are living in this society as a whole. The same is also applicable for various human rights national and international commissions.
I would like to conclude by saying, Each and every woman is an asset to the society. So it’s better if we treat them the same.
Citations:
https://bmcpublichealth.biomedcentral.com