Escalation Of Domestic Violence In India During Covid-19 Lockdown - A Focus On Sikkim And Contributing Factors
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Category: General Law
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ESCALATION OF DOMESTIC VIOLENCE IN INDIA
DURING COVID-19 LOCKDOWN: A FOCUS ON SIKKIM AND CONTRIBUTING FACTORS Dr. Prasanata Chhetri, Assistant Professor, Department of School of Legal Studies ICFAI University, Sikkim.
ABSTRACT
Domestic violence is the most prevalent form of violence against women in India. The nationwide lockdown imposed by the government to control the spread of COVID-19 saw a significant surge in domestic violence cases. Despite the enactment of the Protection of Women from Domestic Violence Act, of 2005, incidents of domestic abuse continued to rise, particularly during the lockdown period. This article examines the situation in smaller states like Sikkim in addressing the rising domestic violence cases across India. It also highlights the contributing factors behind the surge in domestic violence during the COVID-19 lockdown and the challenges faced by victims due to travel restrictions and other government-imposed measures to contain the pandemic.
The study draws data from the National Women's Commission, Sikkim State Commission for Women, NCRB Reports, NFHS Report, One Stop Centre, and Court. Keywords: Violence, Domestic Violence, Covid-19.
1. Introduction
Family is considered a secure place for everyone including women. People learn essential values such as love, respect, care, compassion, ethics, tradition, and culture primarily within the family, which is why it is often considered a safe and secure space for everyone. The love and support of family members play a crucial role in an individual's overall growth and development, making the family a true example of unconditional love. However, in reality, this ideal is not always upheld, particularly for women who may suffer abuse or mistreatment as wives, experience discrimination as daughters or daughters-in-law, or face isolation and neglect as widows. Women make up more than half of the world’s population and play a variety of essential roles within the family.
From raising children as mothers to providing love and support to their husbands, and offering care and guidance to their parents and siblings, women fulfill numerous responsibilities. In addition to their roles within the family, women are also instrumental in the socioeconomic development of society. Pioneers like Pandita Ramabai, Annie Besant, Fatima Sheikh, Kiran Bedi, and Smt. Sudha Murthy are just a few examples of how women have made significant contributions to the progress and development of the nation, working alongside men to build a better society. Despite the vital role women play in the development of a nation, they have historically been regarded as inferior to men and subjected to mistreatment and deprivation of their rights, liberty and opportunities.
Across the world, women continue to face discrimination in various forms, including the denial of inheritance rights, unequal participation in decision-making, and limited access to education and employment opportunities. Discrimination of women not only affects the basic rights of women but is also considered the major root of the violence against women. Violence against women is defined by the Declaration on the Elimination of Violence against Women as any act of gender-based violence that results in or is likely to result in physical, sexual, and psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life1. Violence against women remains a significant barrier to achieving equality, peace, development, and the full participation of women in society.
Sexual harassment at the 1 Declaration on the Elimination of Violence against Women, G. A. Res. 48/104, U. N. GAOR, 48th Sess. , U. N. Doc. A/RES/48/104 (1993). workplace, rape, molestation, stalking, voyeurism, dowry death, honor-killing, cruelty by husbands and relatives, and domestic violence are some of the most common forms of violence against women prevailing in all parts of the world. The violence against women is not only limited to the outside world but women being an integral part of the family face the violence inside the home as well. Violence such as beating, kicking, battering, non-consensual sex, financial deprivation, etc. are some of the common forms of violence prevailing within the home. This violence occurs at all levels of society and in all age groups.
Domestic violence is defined as “any act of gender-based violence that results in or is likely to result in physical, sexual, psychological harm to women including threats of such acts, coercion or arbitrary deprivation of liberty whether occurring in public or private life”2. Domestic violence is also known as domestic abuse, spousal abuse, family violence, and intimate partner violence. The Protection of Women from Domestic Violence Act 2005 defines domestic violence3 as physical, verbal, sexual, emotional, and financial abuse against a woman by her partner or family member residing in a joint family and a relationship in the nature of marriage4.
World Health Organization added controlling behaviors, including isolating a person from family and friends, monitoring their movements, and restricting access to financial resources, employment, education, or medical care5 also as a form of domestic violence.
2. Forms of Domestic Violence
Thus domestic violence can take many forms including physical, sexual, emotional, and economical. Physical violence includes pushing, throwing, kicking slapping, grabbing, hitting, punching, beating, tripping, battering, restraining, confinement, breaking bones assault with a weapon such as a knife or gun, burning, murder, etc. Mental abuse includes harassment, threats, and verbal abuse such as insults, humiliation, insults or ridicule especially concerning not having a child or a male child, and repeated threats to cause physical pain to any person in whom the aggrieved person is interested. Sexual abuse
2 Convention on the Elimination of All Forms of Discrimination against Women, G.A. Res. 34/180, U.N.
GAOR, 34th Sess., U.N. Doc. A/RES/34/180 (1979).
3 Protection of Women from Domestic Violence Act, 2005, section 3, No. 43 of 2005 (India).
4 Protection of Women from Domestic Violence Act, 2005, Section 2(f), No. 43 of 2005 (India).
5 World Health Org., Understanding and Addressing Violence Against Women
Intimate Partner Violence (2012), https://iris. who. int/bitstream/handle/10665/77432/WHO_RHR_12. 36_eng. pdf? sequence=1. such as any conduct of a sexual nature that abuses humiliates, degrades, or otherwise violates the dignity of women. Sexual assault means forcing someone to participate in unwanted, unsafe, or degrading sexual activity. Economic abuse includes deprivation of all or any economic or financial resources to which the aggrieved person in entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including but not limited to household necessities for the aggrieved person and her children.
World Health Organisation added controlling behaviours, including isolating a person from family and friends, monitoring their movements, and restricting access to financial resources, employment, education, or medical care also as a form of domestic violence6.
3. Consequences of Domestic Violence
Domestic violence has far-reaching consequences, not only for the victim but also for the children and the family as a whole. Beyond physical harm, it undermines the economic, social, and emotional well-being of the affected individual. Common consequences for women include unwanted pregnancies, forced abortions, suicide, addiction to alcohol or drugs, anxiety, and depression. For children, short-term effects may include dropping out of school, drug or alcohol abuse, depression, and even suicide. In the long term, children exposed to such environments may come to view violence as a normal means of exerting control, increasing their likelihood of becoming perpetrators of domestic violence themselves. Additionally, alcohol and drug abuse, eating and sleep disorders, poor self-esteem, smoking, self-harm, and unsafe sexual behaviour7 are also associated with domestic violence.
As WHO points out, the social and economic costs of intimate partner and sexual violence are enormous and have ripple effects throughout society. Women may suffer isolation, inability to work, loss of wages, lack of participation in regular activities, and limited ability to care for themselves and their children7.
6 World Health Org., Understanding and Addressing Violence Against Women
Intimate Partner Violence (2012), https://iris.who.int/bitstream/handle/10665/77432/WHO_RHR_12.36_eng.pdf?sequence=1. 7 World Health Org., Understanding and Addressing Violence Against Women: Intimate Partner Violence (2012), https://iris.who.int/bitstream/handle/10665/77432/WHO_RHR_12.36_eng.pdf?sequence=1.
7 World Health Org., Violence against Women Prevalence Estimates, 2018, at 1 (2021),
https://www.who.int/publications/i/item/9789240067543.
4. Incidents of Domestic Violence during Covid-19- National Scenario
The COVID-19 pandemic brought the world to a standstill, affecting millions of lives in unprecedented ways. As countries imposed lockdowns, social distancing, and other public health measures, many individuals found themselves confined to their homes for extended periods. While these measures were vital in controlling the spread of the virus, they also gave rise to several unforeseen consequences, one of the most alarming being a significant spike in incidents of domestic violence. Across the globe, reports of domestic violence surged as a direct consequence of lockdowns and the resultant social isolation. This was echoed by the UN Secretary-General who used the term “shadow pandemic”. Globally, nearly 243 million women and girls between 15 to 49 years were subjected to sexual and/or physical intimate partner violence in the last year (UN Women, 2020).
A survey of 122 community organisation shows that 85% of them reported a rapid increase in violence against women and girls (VAW/G) between March – September 2020 (UN Trust Fund to End VAW, 2020)8. The United Nation Office on drugs and Crimes, Global estimates of female intimate partner/family-related homicides in 2022 Report revealed that in the year 2022, around 48,800 women and girls around the world were killed by their intimate partners or other family members, that means, on average, more than 133 women or girls were killed every day by someone in their own family9. In India, for example, the Report of the National Commission for Women, the complaint and investigation cell of the Commission registered 26,513 complaints/cases against women during 2020-2021.
The data further revealed that the right to live with dignity (8688), protection of women from domestic violence(6049), dowry harassment(4209), molestation (1802), Police apathy against women (1460), rape (1293), cybercrimes against women (797), sexual harassment (480), honour killing (479) and dowry death (327) are the top ten crimes committed against women. Uttar Pradesh ranked top among the states with 13058 complaints and Nagaland is at the bottom with only one case. The National Commission for Women (NCW) report also revealed that domestic violence against women is the top ten crimes committed 8 Sikkim Express, Nov. 26, 2020, at 13:30, https://www. sikkimexpress. com/news-details/shadow-pandemic-1. 9 U. N.
Office on Drugs & Crime, Gender-Related Killings of Women and Girls (Femicide/Feminicide): Global Estimates of Female Intimate Partner/Family-Related Homicides in 2022 (2023), https://www. unwomen. org/sites/default/files/2023-11/gender-related-killings-of-women-and-girlsfemicidefeminicide-global-estimates-2022-en. pdf. against women with a total number of 6049 cases registered before the commission during 2020-202110. According to the National Commission for Women, a total number of 6,916 complaints of domestic violence were registered before the commission in the year 2023. The report also revealed that among the top ten crimes committed against women, domestic violence is the second highest crime committed against women after crimes relating to life to live with human dignity (9596), and among the states, Utter Pradesh recorded the highest number of complaints12.
According to the report of NCRB, a total number of 4, 45, 256 cases of crimes against women were registered during 2022, showing an increase of 4. 0% over 2021. The report also revealed that the majority of cases under crimes against women were registered under the head Cruelty by husband or his relatives with 31. 4%, followed by kidnapping and abduction of women with 19. 2%, assault on women with intent to outrage her modesty with 18. 7 % and rape with 7. 1 %11. 4. 1. Incidents of Domestic Violence in during Covid 19- Sikkim At the national level, India witnessed a surge in domestic violence cases during the COVID19 lockdown, small state like Sikkim, also experienced a similar spike, though the numbers were relatively low compared to larger states.
Nevertheless, even within a small, relatively peaceful state like Sikkim, the increase in cases of domestic abuse during the pandemic was a cause for concern. The National Family Health Survey Reports reveal that there is increase in the number of spousal violence in the State. As per the Report, during 2015-2016, the total number of spousal violence recorded in the state was 2. 6 %12 which was significantly increased to 12. 1% - in 2019-202013.
10 National Commission for Women, Annual Report 2020-2021 (2021),
https://www.ncw.nic.in/sites/default/files/Annual_Report_2020-21.pdf. 12 National Commission for Women, Annual Report 2022-2023(2023) https://www.ncw.nic.in/sites/default/files/Annual_Report_2022-23.pdf.
11 National Crime Records Bureau, Crime in India 2022, Vol. I, Ministry of Home Affairs (2022),
https://ncrb.gov.in/sites/default/files/CII_2022/Crime_in_India_2022_Vol_1.pdf.
12 Ministry of Health & Family Welfare, National Family Health Survey (NFHS-4), 2015-16 (2017),
https://rchiips.org/nfhs/NFHS-4Reports.shtml.
13 Ministry of Health & Family Welfare, National Family Health Survey (NFHS-5), 2019-21 (2021),
https://www.rchiips.org/nfhs/NFHS-5Reports.shtml.
The Chairperson of the Sikkim State Commission for Women Mrs. Chungkipu Lepcha stated a significant rise in domestic violence cases starting in 2020, with the highest increase observed in 2021 and 2022, the peak years of the pandemic’s lockdowns. Data from the One Stop Center in Lumsay, Gangtok, revealed an increase in cases over the years. According to data provided by the Center Administrator of the One Stop Center, Gangtok, a total of 55 cases were reported in 2020, 67 cases in 2021, 78 cases in 2022, and 68 cases in 2023. The highest number of cases occurred in 2021 and 2022, which coincided with the lockdown period during the pandemic. However, there was a slight decline in the number of cases in 2023. Similarly, data from the District Court of Gangtok also shows an uptick in domestic violence cases during the COVID period.
According to the e-court records, the number of domestic violence cases filed increased from 13 in 2019 to 17 in both 2020 and 2021, then spiked to 30 in 2022, before slightly decreasing to 18 cases in 2023.
5. Contributing factors of domestic violence during Covid-19 pandemic
The alarming rise in domestic violence during the pandemic can be attributed to several factors. Economic distress played a major role, as widespread job losses and financial insecurity left many families struggling. For some, the pressure of financial strain acted as a trigger for domestic violence, with perpetrators using violence as a way to exert control or cope with frustration. The fear and uncertainty brought about by the pandemic also contributed to heightened anxiety, depression, and other mental health challenges. These emotional stresses often manifested as aggression, substance abuse, and, in some cases, domestic violence. Perpetrators who were already inclined toward violent behavior may have been pushed to their breaking point by the pressures of the pandemic.
The lockdowns further exacerbated the situation by confining families to their homes, trapping victims with their abusers. With schools and workplaces closed, many individuals found themselves with fewer opportunities to seek help or leave the house. Social isolation along with the absence of support systems such as friends, extended family, and community resources deepened the crisis. The closure of shelters, government offices, and community organizations due to social distancing measures and the prioritization of healthcare resources further limited victims' access to crucial services, such as emergency shelter, legal aid, and counseling. In many conservative or smaller communities, the social stigma surrounding domestic abuse also kept victims from speaking out or seeking assistance.
The pressure to maintain family reputation and conform to social norms often silenced those who were suffering in silence. As a result, many victims found themselves without the support they needed to escape abusive situations, leading to a devastating surge in domestic violence during this period.
6. Government and Organizational Response
In response to the surge in domestic violence during the pandemic, governments and civil society organizations worldwide took proactive measures to support victims and address the crisis. Many countries set up dedicated helplines to offer confidential assistance. In India, the government expanded the 181 women’s helpline to offer online support, enabling survivors to seek help through calls or messages. Similarly, in the United States, several domestic violence organizations launched virtual platforms and amplified the availability of resources through social media campaigns. Recognizing the urgency of the situation, governments also worked to ensure that victims could access legal protections during the pandemic. The Ministry of Women and Child Development, Government of India issued guidelines to ensure that domestic violence complaints were registered, even during the lockdown.
Authorities were also instructed to provide shelter and financial assistance to those in need. Shelters were designated as essential services, and provisions were made to accommodate victims in hotels or repurposed facilities when necessary. To further support victims, the National Commission for Women launched a complaint portal and a dedicated WhatsApp number, making it easier for individuals to report domestic violence without leaving their homes. The Ministry of Health and Family Welfare, in collaboration with the National Institute of Mental Health and Neurosciences, provided psychological support for women facing domestic violence through a helpline. Additionally, the Ministry of Information and Broadcasting issued an advisory to private satellite TV and FM radio channels, encouraging them to broadcast messages on women’s safety and provide resources for those in distress.
State governments also initiated important programs to address the rising tide of domestic violence during the lockdown. Notable initiatives included the Uttar Pradesh Police’s “Suppress corona, not your voice” campaign, the Odisha Police’s Phone-Up program, Kerala State Commission for Women’s tele-counseling services, Maharashtra’s Akshara Centres, and specialized support cells for women and children. These measures, along with the “#LockdownOnDomesticViolence campaigns”, signaled a strong stance across various levels of government against domestic violence, highlighting the importance of protecting vulnerable individuals during an unprecedented crisis14.
7. Conclusion
The COVID-19 pandemic, while posing a global health crisis, also brought to light the hidden struggles of women trapped in abusive relationships. As the world battled the spread of the virus, many victims of domestic violence in Sikkim, like elsewhere, faced heightened suffering due to lockdown measures, isolation, financial insecurity, and limited access to support services. In this challenging context, efforts by the government, NGOs, and law enforcement agencies played a critical role in mitigating the impact, offering essential support to victims. For instance, the State Commission for Women launched a Whatsapp number and emergency alert services to help women seek protection. However, according to the National Family Health Survey (NFHS-5), only 76. 7% of women in Sikkim use the internet, with rural women especially lacking regular exposure to mass media.
This digital divide highlights the need for alternative means of support for those without internet access or literacy skills. The pandemic has exposed significant gaps in social safety nets and legal frameworks meant to protect domestic violence victims. As the world transitions into a post-pandemic era, it is crucial to build resilient systems that not only provide immediate relief but also address the root causes of domestic violence. This includes raising awareness, improving mental health services, and ensuring that victims have access to safe, confidential, and timely assistance. Governments and organizations must focus on long-term strategies to prevent domestic violence, preparing for future crises and ensuring that victims are protected in all circumstances, whether during a pandemic or other unforeseen emergencies. 14 Sikkim Express, Nov. 26, 2020, at 13:30, https://www.
sikkimexpress. com/news-details/shadow-pandemic-1.
References
Statutes: Protection of Women from Domestic Violence Act 2005 Sikkim State Commission for Women Act, 2001. Textbooks: J. N. Pandey, The Constitutional Law of India (Central Law Agency 2020). Dr. Suman Rai, Law Relating to Protection of Women from Domestic Violence (Orient Publishing Company 2021). Articles: Susmitha B. , Domestic Violence: Causes, Impact and Remedial Measures (SAGE Publications 2016). Megan L. Evans et al. , A Pandemic within a Pandemic—Intimate Partner Violence during COVID-19, N. Engl. J. Med. , 2020. Kavita Alejo, Long Term Physical and Mental Health Effects of Domestic Violence, Res. J. of Justice Studies & Forensic Sci. , Vol. 2, 2014. Neelam Rai, Women’s Pursuit for Rights and Empowerment among Sikkimese Society, Int’l J. of Legal Sci. & Innovation, Vol. 1, Issue 2, 2019.
Akshaya Krishnakumar & Shankey Verma, Understanding Domestic Violence in India during COVID-19: A Routine Activity Approach, Asian J. of Criminology, 2021. Websites: World Health Org. , Violence against Women Prevalence Estimates, 2018, at 1 (2021), https://www. who. int/publications/i/item/9789240067543. U. N. Office on Drugs & Crime, Gender-Related Killings of Women and Girls (Femicide/Feminicide): Global Estimates of Female Intimate Partner/Family-Related Homicides in 2022 (2023), https://www. unwomen. org/sites/default/files/2023-11/genderrelated-killings-of-women-and-girls-femicidefeminicide-global-estimates-2022-en. pdf. National Commission for Women, Annual Report 2020-2021 (2021), https://www. ncw. nic. in/sites/default/files/Annual_Report_2020-21. pdf.
National Commission for Women, Annual Report 2022-2023(2023) https://www.ncw.nic.in/sites/default/files/Annual_Report_2022-23.pdf. National Crime Records Bureau, Crime in India 2022, Vol. I, Ministry of Home Affairs (2022), https://ncrb.gov.in/sites/default/files/CII_2022/Crime_in_India_2022_Vol_1.pdf. Ministry of Health & Family Welfare, National Family Health Survey (NFHS-4), 2015-16 (2017), https://rchiips.org/nfhs/NFHS-4Reports.shtml. Ministry of Health & Family Welfare, National Family Health Survey (NFHS-5), 2019-21 (2021), https://www.rchiips.org/nfhs/NFHS-5Reports.shtml.