Semester 1

Sociology Research Paper

A Research Paper on:

Domestic Violence Against Women In Lockdown

Submitted to:
Prof. Vrinda Mohan
NMIMS Kirit P Mehta School of Law

Submitted by:
Anoushkaa N V
BA LLB (Hons)
Division C
Roll No: C043
 Introduction

Historical Background of Condition of Women in India

Time immemorial women in India has been subjected to deep rooted patriarchy. They were
considered as inferior to their male counterparts which led to discrimination. A society is
categorised based on some variables; gender differentiation is one. India has been a country
which has upheld this differentiation to a destructive level so much that an entire section of the
society (women) where always at the receiving end of discrimination. In Ancient India, men
were seen as bread winners and women were supposed to be a homemaker and had the role of
reproduction of heirs. In earlier times women were strictly prohibited from going out of the
house alone, receiving education etc. Women were recognised as wives or mothers only, even
their individual identity was abandoned. Being a patriarchal society, women were expected to
bear sons, as only sons could perform last rites. The birth of a girl child was seen as
unfavourable and female foeticides where on a hike. They were considered as a mere
commodity controlled and held by men. Marriage was a very sacred matter and women were
given no autonomy to select their partners, child marriage, dowry, sati was some of the other
practices related marriage followed in India. It was a patriarchal society where the social,
political and economic affairs were controlled by men and never encouraged women in any
field of social life and were confined to their kitchens. Women were disempowered and enjoyed
a lower status. Despite these conditions there were several women teachers who possessed high
knowledge. During the British Colonial era Indian women played significant role in mobilising
and participating in freedom struggle movements.
 Current Scenario

Through the test of time and developments, India has changed and Indian women have
prospered but still India remains a country where women are treated with bias in different paths
of life. They are still tortured by men and shunned for being independent and having opinions
or choices. Women are not encouraged to go out of their house after sunset. The issue of gender
equity is as important as it was earlier or maybe more important. Women in India still struggle
to get an equal identity as men in the society and their families. A lot of women live an
oppressed life because they don’t have the financial independence to make a living themselves.
A poor family will marry off their daughter rather than educating them. According to reports,
Indian women are among the worst hit in the India’s unemployment crisis. Lack of financial
soundness and independence gives them an inferior or lesser autonomy in the marriage. This
leads to physical and mental oppression, discrimination, etc. In this time of the pandemic, each
and every person going through mental as well as financial instability has induced stress and
male members who were usually outside most of the time are forced to stay at home and the
cases of domestic violence against women has been on an increase.
 Statement of Problem

Domestic violence has always been an ugly truth of the Indian society. In India women are
the most vulnerable class to domestic violence inflicted by their husband, in-laws, boyfriend
etc. Although a lot of legislations have been formulated, the problems persist to exist, hence it
is important to study the historical background of such instances against women, the current
situation and their causes. As the pandemic hit the world, the working spaces have been shifted
online. A lot of people were confined inside their houses due to the strict lockdown rules,
without much contact to the outer world. There has been physical as well as mental side-effects
of this act of violence on women. The aim of this research paper is to study what all factors
during the pandemic has led to an increase of domestic violence cases in India and how the
state machineries have handled it till now. Study how the patriarchal nature of society had
impacted men’s behaviour towards female counterparts.

Aims and objectives

1) To study the root causes leading to domestic violence of women and to examine the position
of the victim and their family.

2) To analyse the existing laws against domestic violence in India, its discrepancies and how it
has been in play during pandemic.

Research Question

1) Why there has been a rise in the number of cases of domestic violence against women in.
India during the covid-19 lockdown.
2) Why is domestic violence more prevalent in India compared to some of the other developed
Countries.
 Analysis

Why is domestic violence so prevalent in India?

Historically India had been a country which followed the patriarchal system of society. Men
were always seen and treated as superior to women. This discrimination meted out to an entire
section of society, gave the opposite gender to have more control and autonomy. In a country
where women are seen as commodities to be married off to a man, to be protected by a man,
the birth of girl child is anything but a curse. Still in some interior/under developed parts of the
country, the practice of female foeticide is followed, women who give birth to girl child are
tortured by the husband and in-laws. Some of the main factors that has led to such a state are:
▪ Lack of education – a lot of Indians are yet to know the importance of education. An
uneducated and illiterate lot would always lead to disharmony. There is lack of
knowledge about legislations safeguarding women from such acts of violence. Perks of
being educated, job prospects and financial independency for women are still alien
concepts to some Indians. For women to be treated equally, first they should know that
they are nothing of an inferior being to men, there are legislations and institutional
follow-up to protect them from abusive husbands and in-laws. Hence education plays a
big role in how people form their personality and how they treat their fellow human
beings.
▪ Archaic beliefs and customs - India has always been a society that has given importance
to customs, traditions and norms, irrespective of their religion or caste. These norms
might have been made which is suitable for a period of time, keeping in mind their
educational status, social progressiveness etc. these norms need to be changed with
respect to time and other factors considered. Women are expected to stay at home and
not go out for work and men are supposed to be the working person. Women acquiring
education are seen as dangerous or not family-friendly, hence families deter from
educating their girl child. In South Asia, female literacy is around 50% of male literates.
In older times women were treated as objects to serve men, and they were to abide by
whatever the man ordered. Although this has changed over time still women are
expected to keep shut about the atrocities inflicted on them by their husbands.
 Effect of Domestic Violence on The Victim and Their Family

In India a lot of domestic violence victims are forced or are socially conditioned in such a way
that they don’t go public or register the same with a legal institution. This is mostly due to fear
of being socially shunned, further threat from the husband and in-laws and lack of financial
support. Historically Indian families considered their daughter as a liability and as an individual
who always needed to be taken care by a male throughout their life. Once a woman was married
off, they were bound to cut off ties with their own family, hence women were afraid of losing
support, financial and otherwise, hence they maintained silence. Children are also affected by
such circumstances at home. An abusive environment at home will give rise to such behaviour
in the children and also it will inflict mental injuries on the child that are going to last long and
impact their life negatively.

Analysis of The Protection of Women from Domestic Violence Act, 2005

This act says that a person who has been in a domestic relationship with the respondent and
has been subjected to any kind of domestic violence by the respondent. This act also includes
provisions for the protection of foster, adopted children. The aggrieved person is expected to
file a domestic incident report in the form of a receipt of a complaint. Domestic violence under
this act includes physical, mental and verbal harm inflicted on a person. Any act of harassment,
injuries or endangering a person who is dependent on their husband and through these acts
coerce the person to meet the demands of dowry or other valuable security. Domestic violence
has been wide spread but publicly invisible, hence it is important to acknowledge the issue with
this act and let the victims know that they are safeguarded with laws. Over the recent past a lot
of victims has found relief through the act, although the criminal provisions are more than often
not used. Sexual abuse is also a form of domestic violence but still the provisions for marital
rape has not yet evolved. Marital rape is considered as an exception to rape under IPC. In most
of the orders, the court doesn’t mention sexual abuse even if it is alleged. Law agencies, itself
lack awareness about the Act.
 Review of Literature

• What India's lockdown did to domestic abuse victims

Author – Reported by Padma Meenakshi

This is a personal account of a lady from Telangana. Both of them were always out on work
which saved the lady from her generally abusive husband but the lockdown has forced them to
stay under the same roof. This has resulted in severe abuse and beating. The lady contacted a
Facebook page and support group ‘Invisible Scars’.

• The Link Between Lockdown, Covid-19 and Domestic Violence.

Author – Arjun Kumar, Balwant Singh Mehta, Simi Mehta

One in every three women across the globe experience physical and/or sexual violence in their
lifetime. In India, according to national Crime Research Bureau (NCRB), a crime against
women is recorded every 1.7 minutes in India and women is subjected to domestic Violence
every 4.4 minutes. As per data 89,097 cases were registered as crimes against women in India
in 2016. According to a report by National Family Health Survey, 30 percent of women in
India between the ages of 15-49 has gone through physical violence. The reports are not exact
as the presence of social norms and stigmas lead to underreporting of cases. During the times
of a pandemic, due to economic hardship, there is an increase in violent, abusive, impulsive,
compulsive and controlling behaviour towards the partners.

• Domestic Violence During Covid-19 Lockdown Emerges as a Serious Concern.

Author - Dhamini Ratnam

This article analyses the number of cases recorded across the country in different states.
It shows that some states have shown spike in complaints while some states have seen a decline
in the reports of cases. It states that during lockdown, women couldn’t reach the police station
nor could the social workers reach them or arrange for their travel. Further the police were over
burdened with Covid-19 duties, and visiting homes to investigate domestic violence was not
considered as a priority. The courts of the country were open only to emergency hearing such
bail pleas etc.

• Violence Against Indian Women, Native Community

Author - Pamela Jumper Thurman, Roe Bubar J.D., Barbara Plested, Ruth Edwards,
Pamela LeMaster, Erica Bystrom, Marisa Hardy, DeWayne Tahe, Martha Burnside, E. R.
Oetting

This article explores the patterns of violence against women in Native Communities and
examines the readiness of the communities to address violence prevention in a meaningful way.
Both urban as well as native communities were examined. it is found that there are no
significant community differences in respect of readiness to address the violence.

• Locked-down: Domestic Violence reporting in India during Covid-19

Author – Kanika Arora and Shubham Kumar Jain

Studies have shown links between the crisis and such pandemics. Pandemics provide for an
enabling environment of fear and uncertainty that exacerbate forms of violence against women.
The cases of domestic violence are under-reported globally. Women are left to the perils of the
men, the victims are distanced from the support system, making it difficult for them to call out
for help. Barriers like restricted movement, handicapped mediums of communications, reduced
contact with natal family, unavailability of the formal support system, made the situation worse
for women.

• Women are Worst hit by India’s unemployment crisis

Author – Niharika Sharma

Women who are silenced or fear to come out about the physical abuse to the world, in most
cases are the ones who lack financial independence. In India women are facing the brunt of
unemployment crisis. The labour participation by women in India is the lowest in the world.
While the overall unemployment rate is 7 percent, it is 18 percent among women. Women who
are actively participating in the workforce are 2.9 times more likely than men to be laid off.
Besides the shift to technologically activated working system, women are more likely to lose
their jobs in administrative and data processing units, as these are going to get usurped by the
technology. Creating job opportunities is the need of the hour and we need to fuel innovation
and investment in health and education of women to transform India.

• Status of Women in India: Ancient, Medieval and Modern

Author- P Srivastava

This Article analyses the position and role of women throughout the history to the present.
Since ancient times men and women were seen and treated differently. Women were
recognised as wives and mothers only and expected to dominate nothing but kitchen. Although
some evidences from Indus Valley civilisation show that women were worshipped as goddess
and education of young girls were considered an important qualification for marriage. In the
medieval era women were expected to obey their husband blindly. Women were denied
education and the marriageable age of women were also lowered.

• Ending Violence Against Women

Violence negatively affects women’s general well-being and prevents women from fully
participating in society. It has tremendous costs, for greater strains on health care to legal
expenses and losses in productivity. A women’s right to live free from Violence is upheld by
International agreements. According to reports only 40 percent women seek help or assistance
after experiencing violence. It is a human rights violation and the effects can be quite
devastating. It is important for the governments to collaborate with organisations and work
closely in preventing such acts.

• What is Domestic Violence? An Introduction to the Protection of Women from Domestic

Violence Act, 2005

Author – Aanchal Singh

This act is a civil law which focuses on the reliefs given to the aggrieved woman such as
compensation, protection, right to residence in the “shared household” etc., unlike in the
criminal law, where the prime focus is on punishing the accused. It covers all kinds of violence
faced by a woman at her in-laws. Domestic violence includes, sexual abuse, physical abuse,
verbal and emotional abuse and economic abuse.
 Conclusion

India being a country that has always pulled back women on the excuse of social norms,
traditions and culture, the act of domestic violence is hushed up by family and relatives. Since
ages, Indian society has followed patriarchal system and consider man as the superior member
of the family and he can do anything as his free will, any act of protest against the male
members of the family is silenced. India is ill-famed for its victim- blaming on women, even
the institutions like courts has been guilty of this. Although an act is made by the parliament
against domestic violence, the implementation of the domestic violence act has been done
poorly. The law although is very useful lacks enforcement.
Domestic violence although an issue that does not get much public attention, a lot of the
time, is stated as a family issue, on a larger picture it hinders the development of the nation.
A society where domestic violence is prevalent shows the vulnerability of the women, lack of
participation in the outer world affairs, lack of empowerment and financial stability, which in
turn is going to detriment the development of the country. The physical and mental health of
the victim (women) and their kids or family members are at stake.
During lockdown, when the working space has been shifted to homes, women are expected to
contribute more time to their household chores and demands of the family, failing which they
are victim to blame and sometimes domestic violence. Due to the lockdown, the victims faced
more difficulty in reaching out for help or assistance. Although the issue has improved during
months but the initial period has been a dark phase. Also, the reporting of such abuse depends
on the ability of women while they share domestic spaces with the perpetrators. A lot of
companies shut down or employees were laid off which led to financial instability and had to
depend on the male member and bare the violence. Further the loss of jobs by male members
created frustration and ego in them leading to abusive behaviour and physical aggression.
Some of the practical solutions to this menace is regular house check by govt employed social
workers or NGO’s who can also provide 24 x 7 support through crisis lines. The creation of
global signs of distress, so the victim can inform an outsider about the emergency situation, in
cases where the victim is disabled from communicating freely with other people outside their
home.
 References

• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2784629/ - Addressing domestic

violence against women: An unfinished agenda by Ravneet Kaur and Suneela Garg,
Indian Journal of Community Medicine.

• https://www.unwomen.org/en/what-we-do/ending-violence-against-women/factsand-
figures - Facts and figures: Ending violence against women, UN Women.
Statistical overview of domestic violence against women globally.

• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4988937/ - Domestic violence

against women in India: A systematic review of a decade of quantitative studies.
Study how the issue affects the physical as well as mental health of the victim.

• https://www.sociologydiscussion.com/status-of-women/status-of-women-in-india-
ancient-medieval-and-modern-sociology/13526#:~:

• https://www.ncjrs.gov/pdffiles1/nij/grants/198828.pdf - Violence against Indian

Women. Violence against women by intimate partners in native Indian communities,
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• https://www.oxfamindia.org/blog/locked-down-domestic-violence-reporting-india-
during-covid-19

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in-indian-society/#

• https://www.theleaflet.in/know-your-rights-domestic-violence-an-introduction-
women-2005-act-aanchal-singh/#