Domestic Violence as a Major Concern during Lockdown
Pain and agony supplanted the joy and happiness this year as it started with dread and distress of a “pandemic”. China reported the first case of COVID-19 on December 31, 2019. Soon, the world started to prepare with every bit they could to fight this global problem but little they knew that another pandemic was growing beneath – the disease of Domestic Violence. The COVID-19 pandemic brought suffering for everyone, but disproportionately high for women. Recently, the UN Secretary Antonio Guterres appealed the member states to take measures to ensure women’s safety at home in response to the rise in domestic violence due to the lockdown. The authors focus on the crucial role that Indian National Commission for Women (hereinafter “NCW”) needs to play in order to counter the issues of domestic violence amidst this pandemic in India.
The UN Convention on the Elimination of All Forms of Violence against Women (CEDAW) was signed in 1992 and still struggles to achieve its aim. Although it makes no express mention of domestic violence, in 1992; the UN Committee on the Elimination of Discrimination against Women (CEDAW Committee) issued its immensely important General Recommendation 19, which interpreted CEDAW as prohibiting violence against women in both the public and private contexts.
Domestic violence has always been a severe problem around the world; (a study by WHO found that almost 35% of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence.) Due to the lockdown the issue has become graver. The stats reflect that there has been a 131 percent increase in complaints of domestic violence in May 2020 in “red zone districts,” or the other districts that has been under lockdown in India and hence the role of NCW becomes important here.
National Commission for Women- A Background
The Protection of Women from Domestic Violence Act (PWDVA), (2005) was passed in India in line with CEDAW. According to section 3 of the PWDVA, domestic violence means any harm or injury or threat to commit any harm or injury whether physical or mental. It includes physical, sexual, verbal and emotional abuse and economic abuse. It also includes coercion for dowry.
Established by the National Commission for Women Act, 1990, the NCW has the mandate to secure the safety and well-being of Indian women inside and outside of their homes. The commission is supposed to investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws; take such cases to the appropriate authority and to take suo moto (on its own) notice of matters relating to the deprivation of women’s rights and non-implementation of laws providing protection to women. For the performance of these functions it has all the powers of a Civil Court.
The NCW has a formal mechanism for dealing with complaints. It includes receiving complaints online and offline. The Processing of Complaints by the NCW takes place in four ways. Firstly, the complaints requiring Investigations by the police are expedited and monitored.
Secondly, family disputes are resolved or compromised through counseling or hearing before the Commission.
A few complaints are also forwarded to the respective State Commissions for Women and other forums like the National Human Rights Commission, National Commission for Scheduled Caste / Scheduled Tribe, etc., for disposal of the complaints at their end.
Lastly, for complaints related to sexual harassment of women at their workplaces, the concerned organizations proceed in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in order to enquire into such complaints.
The Complaints serve as a source of analysis of the trend of crimes against women and the requirement of systemic changes. They help in evaluating the gaps in functioning of the government and corrective measures to be taken. They are used as inputs for sensitization programmes for the entire justice administration system.
Impact of COVID-19 on Working of NCW
The lockdown has made the brick-mortar mechanism fail all around the country leading state institutions to shift towards the digital platform. The number of complaints received by NCW during this year with respect to seven of the major areas out of the total 22 categories are shown in Table-A below.
The above data shows that among the seven major categories, it is only the complaints with regard to domestic violence that have risen, and beginning already in February. The NCW has recorded more than twofold rise in gender-based violence in the lockdown period. The total complaints rose from 116 in the first week of March (March 2-8), to 257 in the final week (March 23-April 1). The NCW on receiving such complaints has reacted very strongly and have joined hands with the law enforcement agencies to resolve them. The various NGOs are also playing an important role by providing counseling and other rehabilitation services to the victims amidst this pandemic.
The NCW also monitored matters of domestic violence happening around the country. On April 24, 2020 the NCW took suo moto (on its own) cognizance of the harassment faced by some girls in Goa through social media and issued directions to the Goa Police thereafter for immediate inquiry and action may be taken, and to take steps for providing security to the girls. It is witnessing many cases of such harassment during the lockdown.
As further evidence of the sensitivity of the NCW to domestic violence trends during the lockdown, the NCW launched a WhatsApp number On April 10 that allows people to send alerts. A special team was constituted by the commission to handle the complaints on a fast-track basis and those related to domestic violence are given priority.
Dynamics and Dealings: A Conclusion
The situation of Covid-19 has ultimately flattened the curve of domestic violence in India. In order to deal with the ongoing issue the only way out is to strengthen the reporting of such cases. Although NCW has come up with several measures but they will have to ensure that such measures reaches each and every corner of the country so as to provide support to the women. Not only at the National level but the states are also required to come up with a more feasible solution before more victims fall prey to domestic violence. The various NGOs are also required to work in their areas and make the reporting of such cases feasible in order to curb this at very initial stage. We are sure that the situation would soon improve and the world will get rid of both these pandemics.