Child Abuse and Domestic Violence

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COVER PAGE

NAME: - MUKUL KUMAR

COLLEGE: - FACULTY OF LAW, UNIVERSITY OF ALLAHABAD

YEAR: - 1ST

TITLE: - CHILD ABUSE AND DOMESTIC VIOLENCE, “A SHADOW

PANDEMIC” AMID CORONAVIRUS LOCKDOWN

THEME: - CHILD ABUSE AND DOMESTIC VIOLENCE


Child abuse and Domestic Violence, a “Shadow Pandemic” amid
Coronavirus Lockdown

Introduction

Mankind is suffering from its darkest phase. The menace of corona has dilapidated the
fundamentals of hope, belief and optimism. This dreadful disease has not only cost the lives
of millions of people but also engraved a fear inside mankind to never forget its gift to them,
a gift of catastrophe and fiasco. Till now world has lost 1, 98,532 lives in the hands of corona
and many more to show up. We cannot predict how our lives is going to be moulded by this
virus, or whether it’s a sign of dooms day or something else, but what we know is that we
cannot escape from this and we have to face it with utmost feeling of togetherness. Even the
world’s most puissant country, the United States of America is engulfed by this pandemic.
The most influential fact about this virus is that, it does not discriminate among caste or
creed, mighty or weak, or developed or under developed. It spreads its hand for all. But do
you know that there is another pandemic which is prevalent in the world long before this
corona virus? This is more devastating than any virus or flu, and irony is that people are
completely aware to this and still mankind has no vaccine for this. I am indicating about a
pandemic which arises from the four walls of houses, a “shadow pandemic” called domestic
violence and child abuse.

When the whole world is engaged in seeking a solution to fight corona, there is another
pandemic sprouting inside our homes. The only thing that we can do right now to fight
corona is through social distancing and Lockdown. But this lockdown is seemed to be the
reason for growth of another dreadful sin.

According to statistics released by the UN, reports of domestic violence in France has
increased by 30% following the country’s lockdown. Not only in France but in the first two
weeks of lockdown in Spain, the emergency number for domestic violence received 18%
more calls and helpline in Singapore received 30% more calls. These statistics clearly depicts
that during lockdown, the case of domestic violence has increased tremendously. It seems
that people are getting out their frustration of being locked down on women and children. The
world is already intrigued in corona and it is not really prepared for any other problem like
this. In the first four weeks of lockdown in the UK, 13 women and 4 children are believed to
have been killed by men most while shut inside their homes1. Calls to domestic violence
helplines have increased by 120%, while traffic to their websites is tripling. The most
affected country by corona pandemic is U.S.A and their too the cases of domestic violence
has risen up to 35% in recent weeks.

Indian scenario

India is also clouded by this shadow pandemic Commission of Women is receiving more
cases of violence during lockdown than before. According to NCW, total complain from
women rose from 116 in the 1st week March (28) to 257 in the final week of March –
April.2 States which are most affected by this are UP, Bihar, Haryana and Punjab. As the
literacy rates of these states indicates, the results are not shocking. According to Sunanda
Desai, a middle class working women in Mumbai, she said her self-esteem is being crushed
every single day. She is questioned every single day for not been done well. She is shouted at
by her husband, her in-laws and even by her children.3 The compete lockdown, not only
restrict the movement of country but it seems that people mind are also locked inside their
houses. Men are taking out their frustration on women and they refuse to participate in the
domestic chores. Job loss, salary cuts, an uncertain future arising out of lockdown has
everyone on the edge.

Not only domestic violence but child abuse has also rose drastically during lockdown. The
child line India helpline received more than 92000 SOS calls asking for protection from
abuse and violence in 11 days.4 Of the 3.07 lakh calls received by the child line 1098
helpline for children in distress across the country between March (20-31), covering the 1st
week of the lockdown. 30% were about protection against abuse and violence on children,
said by Harleen Walia, deputy director of child line India.

1
Anna Moore, Every abuser is more volatile: the truth behind the shocking rise of domestic violence killings,
The Guardian, April 22, 2020
2
Jagriti Chandra, Covid-19 lockdown/ Rise in domestic violence, police apathy:NCW, The Hindu, April 02,
2020
3
Lachmi Deb Roy, Domestic Violence cases Across India Swell since Coronavirus Lockdown, OUTLOOK,
(April 07, 2020), https://www.outlookindia.com/website/story/india-news-rise-in-domestic-violence-across-all-
strata-of-society-in-the-coronavirus-lockdown-period/350249
4
Uzmi Athar, Govt. helpline receives 92000 calls on abuse and violence in 11 days, THE WEEK, (April 08,
2020, 19:23 PM), https://www.theweek.in/wire-updates/national/2020/04/08/del120-lockdown-ld-child-
abuse.html
BEYOND THE INDIAN BOUNDARIES

According to a report by Wold Health Organisation (WHO), one in every three women
around the globe experience the ghastly sin, either physically or sexually. At least 30% of all
women who are in relationships have experience violence by their partners. In France, reports
of domestic violence have increased by 30% since the lockdown on March 17. In the
countries like Cyprus and Singapore, helplines have registered an increase in calls of 30%
and 33% respectively. In Argentina, emergency calls regarding the report of domestic
violence have surged by 25% since the lockdown declared. In Australia, a Women’s Safety
New South Wales survey has revealed that 40% of frontline workers have reported increased
request for help by the domestic violence survivors, and 70% have reported that the cases
received have increased in their level of complexity during the coronavirus outbreak. The
UN Population Fund (UNFPA) has calculated that tens of millions of women will not be
able to access modern contraceptives this year, and million more girls will undergo female
genital mutilation or be married off by 2030.5

REMEDIES AVAILABILE IN INDIA AGINST DOMESTICE VIOLENCE MENACE

Domestic violence was recognized and enacted as a specific criminal offence in 1983. A
particular section (498-A)6 was introduced in the columns of Indian Penal Code. This section
particularly deals with against the domestic cruelty inflicted upon married girls by their in
laws. Under this section, a punishment of up to 3 years and fine is prescribed for those
indulge in this heinous act. The term ‘cruelty’ has been defined in a wide terms so as to
include inflicting physical or mental harm to the woman. Harassment for dowry fall in the
sweep of another part of this section that is under Section (304-B)7. Driving a woman to
commit suicide also fells in the ambit of ‘cruelty’ and is dealt under Section (306). The Code
of Criminal Procedure (CrPC), 1973 grants relief to the wives and children. The provisions of
maintenance of the (CrPC) are applicable to all persons irrespective of their religion and their
own personal laws. Therefore, according to Section 125(1) of the above mentioned Code, the
following persons are entitled to claim maintenance under certain circumstances:

 If any person having sufficient means and willingly neglects or refuses to maintain his
wife or children;

5
Liz Ford, Calamitous: domestic violence set to soar by 20% during global lockdown, The Guardian, April 28
2020.
6
Code of Criminal Procedure(CrPC), 1973, section 498 cl A
7
Code of Criminal Procedure(CrPC), 1973, section 304 cl B
 His wife, unable to maintain herself; or
 His legitimate or illegitimate minor child, whether married or not, unable to maintain
itself.

Some measures taken worldwide

UN Secretary General Antonio Gueteres in his speech directed the governments of different
countries to put women safety 1st as they respond to the pandemic. He ordered the
governments to increase investment in online services and civil society organisations,
declaring shelter as essential services and continue to prosecute abusers. On his directions,
numerous national and local governments has started following these instructions. For
example, Canada is keeping Domestic violence shelter open and diverting $50 million to
support for victims of domestic violence and gender based violence. Scottish government has
announced, it is providing Scottish aid with 1.35 million euros over 6 months from its
communities fund to help those at risk of domestic violence.

Conclusion

At the time of pandemic like corona, we all need to unite together to fight this deadly virus.
Without strong action to tackle domestic abuse and support victims during the Covid-19
pandemic, society will be dealing with the devastating consequences for a generation. In a
pandemic that has killed tens of thousands of people across globe, the message to an anxious
public is that staying home means staying safe and saving lives. According to a report by
UNICEF, at least one in every three women globally has been beaten, coerced into sex, or
abused in some other way, most often by someone she knows, including her husband or
another male family member. In the words of La Toya Jackson, “It doesn’t matter how rich
or poor a person is, what gender or social class, or how much fame or education she
possesses. Verbal, mental, and physical abuse can happen to anyone. It doesn’t matter
what a woman’s ethnicity is because the only distinguishing color of abuse is black-and-
blue.”

REFRENCES

[1] ‘Violence against women’, WORLD HEALTH ORGANISATION, <


https://www.who.int/news-room/fact-sheets/detail/violence-against-women> accessed 31
May 2020.
[2] ‘Gender based violence in the time of corona’, HELEN SUZMAN FOUNDATION, <
https://hsf.org.za/publications/hsf-briefs/gender-based-violence-in-the-time-of-corona >
accessed 31 May 2020.

[3] ‘Domestic Violence is on the rise with Coronavirus Lockdown. The responses are missing
the point’, THE INTERCEPT, < https://theintercept.com/2020/04/13/coronavirus-lockdown-
domestic-violence > Accessed 31 May 2020.

[4] ‘Support for victims of domestic violence during COVID-19 outbreak’, SCOTTISH
GOVERNMENT, < https://www.gov.scot/news/support-for-victims-of-domestic-violence-
during-covid-19-outbreak/ > Accessed 31 May 2020.

[5] ‘Behind Closed Doors: The Impact of Domestic Violence on Children’, UNICEF, <
https://www.unicef.org/media/files/BehindClosedDoors.pdf > Accessed 31 May 2020

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