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domestic violence

By a Common Woman (Anonymous)

Each evening, when my husband comes home from work, he asks me, “How was your day today?” each day, I respond with a variation of, “Good. Got some work done. How was yours?”

We chat for about ten-fifteen minutes before he takes his pre-workout snack and rushes off to the gym. Sometimes, I go with him to the gym, but more often than not, I avoid it. I know he feels disappointed when I don’t end my exhausting workday with a challenging workout. I do too. But it’s hard for me to explain that by the time the clock strikes four or five or especially six in the evening, I am somewhat of a mess.

Technically, I should be fine. My life is going well. I have a job. I have a family. I am healthy. I have close friends who ask me how I am and actually wait for the response. And yet, the crushing weight of unspoken words between my husband and me makes me feel horribly sad. You see, when my husband asks me about my day, I do not want to respond with, “Good. Got some work done. How was yours?” I want to tell him each and every thought that passes through my head. I want to tell him that I checked my bank account twice today and daydreamed about how my life would be if I had more money. I want to tell him that I spent about forty-five minutes looking for the perfect flower vase on Amazon and saved a few on my cart. I want to tell him that I checked my weight this morning and later felt guilty about polishing off chocolate ice cream at lunch. I want to tell him that I skipped meditation today and wondered for the hundredth time if flying to Paris for a long-delayed honeymoon would solve our marital problems.

But I said none of these things today. And I know I will say nothing tomorrow. The part I feel most sorry about is that it is not in my nature to keep my mouth shut like this. Just ask my friends. I talk about everything – my hopes, disappointments, fears, everything. I like being an open book. In fact, I used to tell my partner everything when we first got married. But then one morning, I woke up and realized I was the only one baring my soul. This means today, when he asks me, “How was your day?”, I don’t tell him that I went to the bank for an errand, because I don’t even know in which banks he has accounts. I don’t tell him I am worried about not making enough money because he refuses to tell me his net monthly income. I engage in debates about investment strategies with my friends in finance that I never discuss aloud with my partner because he shuts me down. I hide my Whatsapp notifications because he not only keeps his phone top down at all times, but he even takes it to the bathroom every single time. I don’t tell him how excited I am to swap my credit card points for a flight ticket because who wants to open that can of worms? My husband and I don’t talk about credit cards or flight tickets. He simply tells me he has bought a flight ticket, and expects me to adjust my schedule.

No one told me marriage was easy. I was prepared to work hard, really, really, hard, to make my marriage work. But I was not prepared for secrets. I was not prepared for loneliness in a partnership, for the lack of transparency, for my partner making thrice as much money as me but never surprising me with a gift.I was not prepared for believing that he’s doing me a favor by paying for rent and minor expenses, all the while ensuring the rest of the financial burden falls squarely on my shoulders. I wasn’t prepared for refusing to go for couples’ therapy to address my mountain of resentments or for asking me to speak to his mother about a health scare, while never calling my parents.

Let me clarify, my husband is not a bad spouse. He unfailingly asks me about my day, every day. Unfortunately, he forgets my grievances as soon as I am done crying about them. He doesn’t question why I have nothing much to say about my days anymore, why I hide behind a new novel every week, why I never talk about my family and friends anymore, or why I don’t even bother fighting about the dozen things I used to earlier fight with him about. And the saddest of all, he snores through the night while I cry about the utter lack of marital connection lost to the silence, and then asks me in the morning, his face gleaming with happiness after a good night’s sleep, “Hey, so how’s your day looking today?”

  • By ‘A Common Woman’
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By Gopika G Nair
(School Of Legal Studies CUSAT)

Domestic violence against women is not uncommon in Indian society. It affects a large number of women, and the majority of them are so used to it that they don’t even report it. Nonetheless, many people continue to be victims of domestic abuse. Domestic violence is a strategy of instilling fear and servility in a person in a domestic setting, such as a household. The motivation for this violence can range from the need to maintain an individual’s power structure over another to the desire to instill/coerce another for self-gratification. Domestic violence in India primarily refers to violence by close or biological relatives to a person; however, it mainly includes abuse perpetrated against women by male family members or cousins. Domestic violence has been defined by the Protection of women from domestic violence act 2005. Before the act, the cases governing the act were dealt with by section 498-A of the Indian Penal Code. According to the Domestic violence act, domestic violence means harming or harassing women in her household. The types of economic abuse can be of different forms like physical, verbal, sexual, and economic abuse.

Domestic violence is more than physical or psychological abuse. On a deeper level, it’s about how abusers often want to take complete control over their partners. Economic or financial abuse is an effective way to get control over somebody. If you are not an earning member of your family you don’t have any money or you owe lots of money that makes limits to your options and makes it more likely to do what your partner wants. Economic abuse can occur when the abuser wants to dictate or dominate. In terms of money, the abuser restricts the victim from using their financial resources and isolates her financially so that she is bound to rely upon the abuser for her survival Section 3 of the Domestic violence act 2005, describes the economic abuse.

Economic abuse is everywhere and it can hurt. People who have experienced economic abuse can end up owing thousands or even lakhs of rupees in debt and it can hurt the credit rating. And these days good credit can be important for getting good jobs and housing not just for getting loans. So financial abuse at times can become emotional abuse.

Economic abuse may take many forms:

  1. Coerced debt – This can happen when the credit abuser puts on non-consensual. This may include forcing the victim to sign financial documents, forcing the victim to get loans, use of physical force to make  credit-related transactions, refinancing a car mortgage or any property without the victim’s knowledge, applying for loans, credit cards, etc.,  in the name of the victim, etc., 
  2. Employment-related abuse – This can happen when the abuser prevents the victim from earning money. This may include situations like preventing the victim from attending the job, asking the victim to quit the job that she was doing, harassing the victim at work, preventing her from looking for jobs, etc.,
  3. Other forms of economic abuse can include the abuser preventing the victim from using certain funds like, using the victim’s ATM cards without her knowledge and preventing her from using the same, deciding how the victim must use the money in her account, etc.,

There are a lot of reasons why economic abuse occurs in India. These can be social, historical, behavioral aspects of the human being. There is no single reason for this abuse it’s a combination of all these aspects.

  • Patriarchy’s inherent wickedness and the male superiority attitude that has persisted for millennia can be traced back to many events n the history
  •  Religious divinity implies a covert, if not outright, dominion over women. As a result of this, domestic, economic violence against women has increased.
  • Dowry is a socio-cultural element. Nowadays there is an increase in the number of dowry-related domestic cases and dowry deaths being reported as a result of which it is given special provisions in the domestic violence act. This system of dowry shows that women can be brought by money as any other object in the market and it is this money that determines her value in society.
  • Economic abuse is also exacerbated by the failure to fulfill conjugal responsibilities as a result of extramarital affairs or a lack of trust. Many sociological, behavioral attitudes of the abuser due to stress or overdose of drugs, etc. can also be the reason for such trust issues which ultimately results in economic abuse
  • Lack of knowledge and a regressive mind can also result in economic abuse. The trashes of patriarchal practices still exist in the mind of many which make him feel that a man is to look after the house, women being his shadow. This triggers him to cause economic abuse.

Any woman who has been harmed or who has seen domestic violence can seek help from a police station, a protection officer, or a service provider under the Domestic Violence Act. To implement its instructions, the court may appoint a protection officer.  The protection officer is a unique position intended to serve as a link between domestic violence victims and the system.  Domestic Violence Act relief orders can also be obtained by filing a complaint directly with the magistrate. Anyone who informs the appropriate authorities about a crime has their civil and criminal liabilities waived. Within three days of filing the complaint, the court must schedule a hearing. If the court determines that the allegation is true, a protection order is issued . A complaint can also be made under Section 498-A of the Indian Penal Code, which recognizes and punishes matrimonial cruelty. The Protection of Women from Domestic Violence Act of 2005, which went into effect in October 2006, is a promising piece of legislation that combines civil and criminal punishments to provide effective remedies to domestic violence victims. The statute establishes protection officers, medical facilities, and no-fee orders, among other things, to assist aggrieved women in safeguarding themselves and their families. In India, the majority of economic abuse, sexual violence, and marital rape instances go unreported. Domestic abuse victims’ agony is exacerbated by a lack of professional counselors who can assist them, as well as limited access to legal aid. Issues like this must be resolved for women to receive the justice they deserve. Abuse thrives only in silence. By merely casting a light on the economic abuse, we can put an end to it. Sharing your experience with your loved ones can help you get out of the dark hole. Replace them as the heroes of the drama and give them the courage and plot to make a climax twist, portraying them as phoenix birds who rise from the ashes and have a bright future ahead. Understand the symptoms of economic abuse and act cautiously and quickly to deescalate the abuse. We can all work together to make our beds, dinner tables, and families the secure and pleasant havens they should be!

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By Adv. Avani Bansal

Nothing that is ‘imposed’, survives for too long. Marriage as an institution continues to exist, around the world, because a large majority of people ‘choose’ to opt for it. But it is also true that world over, many people are now questioning the institution of marriage and opting instead to remain life-long companions without the shackles or protection of the law.

In India, while many young men and women are choosing to get married late in their lives and some opting for live-in relationships as well, there is still a large majority of boys and girls, whose families do not leave them with an effective choice as regards marriage. The law steps in aiding this choice by providing an entire ecosystem – a web of laws to ensure protection of the rights of married partners, especially for women.

But the exception for ‘marital rape’ as per Section 375 of the Indian Penal Code (IPC), 1860 creates a logical bind – it excludes non-consensual sexual intercourse between married partners from the definition of rape. The recent split verdict from a division bench of the Delhi High Court in the RIT Foundation v. Union of India case, has once again brought to light an age old debate in India as regards the role of consent and the recognition of the agency of women in marriage. It throws open a bigger question – does allowing for marital rape actually protect the institution of marriage or does it harm it?

While Justice Rajiv Shakdher held that the marital rape exception under Section 375 IPC is violative of Article 14, 15, 19 (1) (a) and 21 of the Constitution and should be struck down; Justice Hari Shankar dissented with him and held that non-consensual sex within marriage cannot be termed as rape.

The fear writ large in Justice Hari Shankar’s legal view that – ‘if non-consensual sex by a husband is classified as ‘rape’, it will affect the very institution of marriage’, needs cross examination. The legal opinion of judges expressed in lengthy judgments need to be deconstructed to see what part of their thinking is visible on the face of it, but what is the underlying fear that a judge may or may not spell, but shapes his thinking on a particular issue – like the hidden part of an iceberg.

This line of reasoning that – marriages are so sacred, that when two people decide to get married, they somehow are signing for a lifetime of sex, and that spouses need not obtain consent, every single time, they are about to engage in a sexual act, is fraught with challenges.

First, it is important to see the role of law in the institution of marriage for what it is i.e. a web of protection for facilitating entry and exit into the institution. Law cannot by itself grant ‘marriage’ some holy veil, that the concept of marriage itself does not have. By allowing for violence in any shape or form, within marriage, by the instrument of law, amounts to over-interference by the law in an institution.

Secondly, the institution of marriage , especially as viewed in India, is a mix of a sacrament and a contract. In India, while there are different personal laws governing marriage, the dominant cultural view is that marriage is not a pure contract. Nor is it an institution to satisfy one’s lust. It is seen as a spiritual union of two people. Therefore allowing for non-consensual and forced sex within marriage tantamounts to eroding away at the very foundation of this spiritual union/institution. So the logic offered by Justice Hari Shankar, that criminalising marital rape will somehow protect the institution of marriage, stands falsified by his own logic. If marriage is a sacred institution – there cannot be any space for violence in it. If you allow for marital rape to be legal – than marriage cannot be held as a sacred institution.

Thirdly, marriage requires two adults who are equal partners. Allowing any room for non-consensual sex, takes away the agency of the woman within the relationship. To think that the husband can impose himself on his own wife, suggests that somehow the wife is less of a woman, less than the whole, than she was before marriage. Such a view of marriage is more likely to dent how the coming generations view marriage. Also, law cannot give or take away any agency from both the partners, even in the name of marriage. Laws are meant to step in when one partner in any way, violates the agency of another partner – not to automatically erode away the agency of the wife, as soon as she decides to get married.


Fourthly, we really need to have an open conversation about how do we view ‘sex’ as a society. Will our laws protect non-consensual sex in any case/situation? Should they? Sex has to be based on the mutual consent of two adults – marriage or no marriage. Marriage is neither for sex nor equivalent to it. Marriage is a promise to take care of the well-being of each other, to be there for each other in thick and thin. How does this even sound logical – “you married me, so you got to have sex with me, every time, I want it, whether or not you want it.” This logic is contrary to everything that’s sacred about marriage.

Fifthly, let us unwrap the concept of ‘Consent’ as it has wide ramifications than just the marital rape debate in India. One question that’s often asked is – “do we need to understand consent based on cultural context?” So, is it logical to say that while in America, a woman saying ‘no’ should be understood as such, in India, somehow, even when a woman is saying ‘no’, it can be understood as ‘yes’? This suggestive argument that somehow – thanks to the cultural context, even a woman’s no is not an actual no, lays the foundation of perpetration of major crimes against women. By treating ‘consent’ as having different shades of grey, we not only reduce the agency of women, but we impliedly attempt to veil the refusal of men to take ‘no’ for an answer by giving a cultural justification for the same.

India is certainly not alone in debating the definition of consent. We are in the midst of a global movement, that’s pushing for a legal framework and universal definition of ‘consent’. The Council Of Europe Convention On Preventing And Combating Violence Against Women And Domestic Violence, better known as the Istanbul Convention adopted in May, 2011, was signed by 45 countries and the European Union. States who have ratified the Convention are required as per Article 36 of the Convention to declare as a crime – “sexual violence, including rape, explicitly covering all engagement in non-consensual acts of a sexual nature with a person.” Similarly in 2019, the Platform of 7 independent United Nations and regional expert mechanisms on violence against women jointly called upon all States and relevant stakeholders worldwide to act against rape as a ‘form of gender based violence and a human rights violation, and, to ensure that the definition of rape is based on the absence of consent, in line with international standards.

While we now wait to see how the Supreme Court will weigh in on this issue in Appeal, let us hope that India will not be left behind in ensuring that Women remain equal partners and whole individuals in Marriage, Sex and Consent. Clearly, while allowing marital rape to be criminalised, we will be saving the institution of marriage, instead of eroding it, assuming that the institution needs saving at all, which ofcourse is an arguable proposition for another day.

(Avani Bansal is a practicing Advocate in the Supreme Court and can be reached at advocateavanibansal@gmail.com’; Tweet @bansalavani)

First published here :
https://www.outlookindia.com/national/sex-in-marriage-criminalising-marital-rape-will-save-institution-of-marriage-magazine-202759

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By Shubh Jain

“Injustice anywhere is a threat to justice everywhere.” – Martin Luther King

Domestic violence in India is an entrenched problem, and it has only been exacerbated in recent years. According to the National Crime Records Bureau’s (NCRB) ‘Crime in India’ 2019 report, about 70% of women in India are victims of domestic violence. One such manifestation of this domestic violence is Marital rape. Marital rape, forcing your spouse into having sex without proper consent, is an unjust yet not uncommon way to degrade and disempower women. Today, Marital rape has been impeached in more than 100 countries, but, unfortunately, India is one of the only 36 countries where marital rape is still not criminalized1. Even though many legal amendments have been done in criminal law for the protection of women, the non-criminalization of marital rape in India undermines the dignity and human rights of women, and it is also a big question mark on the legislature in respect to what the legislature is doing for saving right in of woman in marriage. 

Marital rape is a sensitive topic, challenging to measure anywhere, but even more so in India – where most sexual violence is believed to occur within families and goes unreported. According to the Indian government’s latest National Family Health Survey, about 30% of Indian women aged 18-49 reported having experienced spousal violence. In terms of sexual violence, the average Indian woman is 17 times more likely to face sexual violence from her husband than from anyone else, according to the survey of 724,115 women.

Status of Marital Rape in India

The definition of rape codified in Section 375 of the Indian Penal Code (IPC) includes all forms of sexual assault involving non-consensual intercourse with a woman. Non-Criminalization of marital rape in India emanates from Exception 2 to Section 375. However, Exception 2 to Section 375 exempts unwilling sexual intercourse between a husband and a wife over fifteen years of age from Section 375’s definition of “rape” and thus immunizes such acts from prosecution. As per current law, a wife is presumed to deliver perpetual consent to have sex with her husband after entering into marital relations, which is the absolute crush of the problem concerning marital rape in India. In India, the concept of marital rape is the epitome of “implied consent.” Marriage between a man and a woman implies that both have consented to sexual intercourse, and it cannot be otherwise. 

Marital Rape: Against Legal & Constitutional Rights

  • The doctrine of Coverture: The non-Criminalised nature of Marital rape emanates from the British era. Marital rape is primarily influenced by and derived from this doctrine of merging the woman’s identity with her husband’s. When the IPC was drafted in the 1860s, a married woman was not considered an independent legal entity. The marital Exception to the IPC’s definition of rape was drafted based on Victorian patriarchal norms that did not recognize men and women as equals, did not allow married women to own property, and merged the identities of husband and wife under the “Doctrine of Coverture.”
  • Violative of Article 14: Marital rape violates the right to equality enshrined in Article 14 of the Indian constitution. The Exception creates two classes of women based on their marital status and immunizes actions perpetrated by men against their wives. Exception 2 violates the right to equality enshrined in Article 14 insofar as it discriminates against married women by denying them equal protection from rape and sexual harassment. Exception 2’s distinction between married and unmarried women also violates Article 14 insofar as the classification created has no rational relation to the statute’s underlying purpose. In Budhan Choudhary v. State of Bihar2 and State of West Bengal v. Anwar Ali Sarkar3, the Supreme Court held that any classification under Article 14 of the Indian Constitution is subject to a reasonableness test that can be passed only if the classification has some rational nexus to the objective that the Act seeks to achieve. However, Exception 2 frustrates the purpose of Section 375: to protect women and punish those who engage in the inhumane activity of rape. Exempting husbands from punishment is entirely contradictory to that objective. The consequences of rape are the same whether a woman is married or unmarried.

Moreover, married women may find it more challenging to escape abusive conditions at home because they are legally and financially tied to their husbands. In reality, Exception 2 encourages husbands to forcefully enter sexual intercourse with their wives, as they know their acts are not discouraged or penalized by law. Because no rational nexus can be deciphered between the classification created by the Exception and the underlying objective of the Act, it does not satisfy the test of reasonableness and thus violates Article 14 of the Indian Constitution.

  • Violative of Article 21: According to creative interpretation by the Supreme Court, rights enshrined in Article 21 include the rights to health, privacy, dignity, safe living conditions, and safe environment, among others In the State of Karnataka v. Krishnappa,4 the Supreme Court held that sexual violence apart from being a dehumanizing act is an unlawful intrusion of the right to privacy and sanctity of a female. The same judgment held that non-consensual sexual intercourse amounts to physical and sexual violence. In the Suchita Srivastava v. Chandigarh Administration5, the Supreme Court equated the right to make choices related to sexual activity with rights to personal liberty, privacy, dignity, and bodily integrity under Article 21 of the Constitution. 

In Justice K.S. Puttuswamy (Retd.) v. Union of India, the Supreme Court6 recognized the right to privacy as a fundamental right of all citizens. The right to privacy includes “decisional privacy reflected by an ability to make personal decisions primarily consisting of one’s sexual or procreative nature and decisions regarding intimate relations. In all these judgments, the Supreme Court has recognized the right to abstain from sexual activity for all women, irrespective of their marital status, as a fundamental right conferred by Article 21 of the Constitution.

Therefore, forced sexual cohabitation violates the fundamental right under article 21. The above conclusions reflect that Exception 2 to Section 375 of the IPC infringes Articles 14 and 21 of the Constitution. It is time that Indian jurisprudence understands the brutal nature of this provision of law and strikes it down.

Marital Rape: Against Indian Penal Code (IPC) 

 Marital Rape defect the Spirit of Section 375 of IPC, the purpose of Section 375 of IPC is to protect women and punish those who engage in the inhumane activity of rape. However, exempting husbands from punishment is entirely contradictory to that objective, as the consequences of rape are the same whether a woman is married or unmarried.

Moreover, married women may find it more challenging to escape abusive conditions at home because they are legally and financially tied to their husbands.

Recommendation by the organization and committee 

The United Nations Declaration on the Elimination of Violence against Women defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.” In 2013, the UN Committee on Elimination of Discrimination Against Women (CEDAW) recommended that the Indian government should criminalize marital rape.

The JS Verma committee was set up in the aftermath of nationwide protests over December 16, 2012. A gang rape case had also recommended the same. By removing this law, women will be safer from abusive spouses, can receive the help needed to recover from marital rape, and can save themselves from domestic violence and sexual abuse.

Recent Karnataka Judgement 

The Karnataka High Court, in significant Judgement, did not accept the husband’s argument that the charge cannot be framed against him due to the Exception to marital rape from the offense of rape as per Exception 2 to Section 375 of the Indian Penal Code. The Court observed that the “exception” can not be “absolute.” 

From this Judgement, it is essential to look at the power of the world “ABSOLUTE” holds as per Exception 2 of section 375 of the Indian Penal Code.

Marital Rape Illegal in other countries:

Over 104 countries across the world have criminalized marital rape. In the United Kingdom, which the present Code primarily draws from, has also removed the Exception pursuant to a judgment rendered by the House of Lords in R v. R in 1991. India is one of the only 36 countries where marital rape is still not criminalized. Therefore, the Code made by the rulers then has itself abolished the Exception given to husbands. 

More than two-thirds of married women in India, aged 15 to 49, have been beaten or forced to provide sex, regardless of their social-economic positions (UN Population Fund).  

1 in 5 men has forced his wife or partner to have sex (As per the International Men and Gender Equality Survey 2011).  

Conclusion

Indian law now affords husbands and wives separate and independent legal identities, and much jurisprudence in the modern era is explicitly concerned with the protection of women. Therefore, it is high time that the legislature should take cognizance of this legal infirmity and bring marital rape within the purview of rape laws by eliminating Section 375 (Exception 2) of IPC.

1 Marital Rape in India: 36 countries where marital rape is not a crime, India Today, March 12, 2016.

2 Budhan v. the State of Bihar, AIR (1955) SC 191 (India)

3 State of West Bengal v. Anwar Ali Sarkar, AIR (1952) SC 75 (India).

4 The State of Karnataka v. Krishnappa, (2000) 4 SCC 75 (India).

5 Suchita Srivastava v. Chandigarh Administration, (2008) 14 SCR 989 (India)

6 Justice K.S. Puttuswamy (Retd.) v. Union of India, (2017) AIR 2017 SC 4161 (India)

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The imact of the Covid-19 pandemic has not been gender neutral. There has been a differential impact on women, which is cause of serious concern. Emerging data and reports from those on the front lines, have shown that women and girls have been subjugated to all types of violence, especially domestic violence.

If one were to wade through the annals of history, it is noticeable that violence against women tends to increase in any emergency, including epidemics. Immense stress, disruption of social and protective networks, economic vulnerability and dwindling access to services can exacerbate the risk of women being susceptible to violence.

Understandably Covid-19 has dominated the world’s agenda. Especially in the case of COVID-19, prolonged isolation, restricted physical movement and work-from-home measures to contain the spread of the virus have a particularly acute impact on women. The risk of women and their children being exposed to violence has dramatically increased as members of the family spend more time in close contact. Household stress intensifies, and the risk grows even greater when families also have to cope with potential economic uncertainty or job losses.

Closures of schools and child care facilities have increased the burden on parents, especially women. Distance learning or virtual classrooms often requires the supervision of parents or caretakers. Despite the penetration of internet globally, some families still don’t have access to a reliable internet connection, and childcare obligations may fall on friends, neighbors, or family members while parents work or are in search for work. Some occupations are considered essential and physical presence at work is mandatory while others have the freedom to work virtually. The cumulative stress of balancing work, child care, and children’s education has led to a rise in child abuse. Teachers, child care providers, and clinicians are having fewer interactions with children and families which is significantly reducing the opportunity to assess or recognize any signs of child abuse.

“Before the pandemic, 1 in 3 women would already experience gender-based violence in their lifetime. However, the COVID-19 pandemic has exacerbated this already critical issue”, cites an extremely concerned Melissa Alvarado, UN Women Specialist.

A staggering increase in the number of cases of domestic violence have been reported globally including the developed world. Several reports suggest that cases of domestic violence have tripled in countries like France, Cyprus and Singapore. In France, police reported a nationwide spike of about 30 percent in domestic violence. Christophe Castaner, the French interior minister, said he had asked officers to be on the lookout for abuse.

The Eastern Mediterranean Region has the second highest prevalence of violence against women (37%) worldwide. This is due to structural systems that maintain gender inequalities at different levels of society, compounded by political crises and socioeconomic instability in the region. The Covid-19 pandemic has only aggrevated the situation.

In India, where domestic violence has been a perennial problem, there has been a sharp rise in cases ever since the stringent lockdown was announced by the government. National Commission for Women’s (NCW) data showed that domestic violence complaints doubled after the nationwide lockdown was imposed in India. Tamil Nadu Police have reported an increase in domestic violence complaints. They received approximately 25 calls every day during the lockdown period and registered at least 40 such cases. Similarly, Bangalore Police reported a spike in complaints from 10 calls to 25 calls every day from the victims of domestic violence.

In Spain, the emergency number for domestic violence received 18 percent more calls in the first two weeks of lockdown than in the same period a month earlier.

Around 42% of the Australian practitioners noted an increase in first-time family violence reporting by women.

Mahase reported a 60% increase in emergency calls related to violence against women by their intimate partners in Europe.

Similarly, Agüero (2020) found a 48% increase in helpline calls related to domestic violence in Peru.

In China, a Beijing-based NGO dedicated to combating violence against women, Equality, witnessed a a sudden surge in calls to its helpline, when the government locked down cities in Hubei Province, which was the epicenter of the pandemic outbreak.

A study on Ethiopian women found that almost one in four women experienced any form of domestic violence during the COVID-19 pandemic. Housewives aged less than 30 years, and with arrange marriage were at greater odds of experiencing domestic violence

At the heart of it, domestic violence has always been about power and control. Home isolation, however quintessential to prevent the spread of the virus, is giving still more power to the abuser. The isolation has also shattered support networks, making it far more strenuous and sometimes even impossible for victims to get help or escape. Sexual harassment and other forms of violence against women continue to occur on streets, in public spaces and online. Survivors have limited information and awareness about available services and limited access to the much needed support services.

In some countries, resources and efforts have been diverted from violence against women response to immediate COVID-19 relief, thus compounding the problem.

One interesting study reveals that the stricter the lockdown, the greater the risks of domestic violence. The most stringent lockdown was enforced in South Africa. Amongst other bans, liqour and cigarettes were strictly banned during the country-wide lockdown. One study claims that this has adversely affected the mental health of men and the incidences of domestic violence has increased significantly in South Africa. The magnitute of the problem is so significant that women are having to leave their homes along with their children to nearby shelter homes and distress centers. However, the fear of getting infected with the Covid-19 virus at these centers is dissuading others to tolerate the abuse and abuser at home.

Some advocates have raised concerns about a potential increase in intimate partner violence (IPV) ever since people were confined to their homes and personal movement was limited. Stay-at-home orders, even though rightly intended to protect the public and prevent widespread infection, has left many IPV victims trapped with their abusers. One in 4 women and one in 10 men experience IPV, and violence can take various forms: it can be physical, emotional, sexual, or psychological. Studies show that people of all races, cultures, genders, sexual orientations, socioeconomic classes, and religions experience IPV.

A Glimmer of Hope:

Not all seems to be lost though. Women are being creative about how they seek support. In some places women are going to Pharmacies and grocery stores to reach out for help. In some countries they are setting up pop-up crisis centers at pharmacies and grocery stores to help women subject to harrassment reach out for the much needed help. This is especially helpful when the abuser has confiscated the victims’ phone and other forms of communication are not accessible.

UN Women, the United Nations entity dedicated to gender equality and the empowerment of women, has launched the Shadow Pandemic public awareness campaign, focusing on the global increase in domestic violence amid the COVID-19 health crisis.

The French Government has allocated 20,000 hotel rooms for abused women. Additional Control rooms have been setup by the French Police to distress calls.

Dr. Kemi DaSilvaIbru, a qualified physician with more than 15 years of experience in private practice, dedicates her time to addressing the needs of girls and women. Her unmitigated passion for women’s rights and protection led her to found Women at Risk International Foundation (WARIF) in Nigeria. The foundation addresses the prevalence of rape and gender-based violence through intervention and treatment for girls and women and by providing effective educational and community-based initiatives. She has been helping women and children who have been subjected to physical and sexual abuse during the pandemic.

Community gatekeepers who are at the forefront of rescuing abused women and children opine that the perpetrators get moved to the shed instead of the survivor. This indeed is a wise suggestion. Why should the abused person bear the brunt of shifting to a different location while the abuser gets away with the crime.

Despite all these praiseworthy initiatives during these precarious times, women subject to domestic violence are trapped at home with their abusers and the perpetrators are at a ear-shock distance. Phones and other assets of the victims have been confiscated making it very hard for them to seek support or help. The abusers are using the stringent lockdowns as an excuse to prevent their victims from moving out of their homes.

Ironically, since the pandemic erupted, it is heartwrenching to know that home is no longer the safe place for women, the true homemakers.

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The Covid-19 pandemic is disproportionately affecting women and leaving them far behind when compared to their male counterparts. The massive gains made in the last few decades in upliftment of women and gender equality is now being neutralised by the pandemic.

The continued global lockdowns and the ensuing layoffs by several companies big and small is pushing women back into traditional roles. ILO has estimated that full or partial lockdown measures now affect almost 2.7 billion workers, representing around 81% of the world’s workforce, while the IMF projects a significant contraction of global output in 2020. COVID-19 is lurching the world

economy towards a global recession, which will be strikingly different from past recessions.

Emerging evidence on the impact of COVID-19 suggests that women’s economic and productive lives will be affected disproportionately and differently from men. Across the globe, women earn less, save less, hold less secure jobs, are more likely to be employed in the informal sector. They have less access to social protections and are the majority of single-parent households. Their capacity to absorb economic shocks is therefore less than that of men.

Women spend 3x as many hours as men in unpaid care and domestic work, limiting their access to decent work. More men between the ages of 25 to 54 are in the labor force than women. The global gender gap is stuck at 16% with women paid up to 35% less than men in some countries. Since women are paid lesser than their male counterparts, family compulsions are making women quit their jobs to run the households while men find it more prudent to cling on to theirs.

740 million women globally work in the informal economy. They have been augmenting the family income and are more vulnerable to losing their jobs. Studies reveal that Women aged 25 to 34 globally are 25% more likely than men to live in extreme poverty

As women take on greater care demands at home, their jobs will also be disproportionately affected by cuts and lay-offs. Such impacts risk rolling back the already fragile gains made in female labor force participation, limiting women’s ability to support themselves and their families, especially for female-headed households.

Women spent more than twice as much time as men on their children’s home schooling and development during the UK’s coronavirus lockdown, according to the first academic study to measure how parents responded while schools and nurseries were closed to most families. The surveys conducted by researchers at University College London (UCL) found that women across several age groups bore the brunt of childcare and home schooling, while those with primary school-aged children “were considerably more likely” to have given up working than fathers with children of the same age.

Among parents of primary school-aged children, mothers spent on average five hours each day on home schooling, while fathers spent just two hours each day. Women were also spending more than three hours a day on developmental activities – such as doing puzzles, reading or playing games – compared with just under two hours a day for fathers,the researchers at UCL’s Centre for Longitudinal Studies concluded.

From past experience and emerging data, it is possible to project that the impacts of the COVID-19 global recession will result in a prolonged dip in women’s incomes and labor force participation, with compounded impacts for women already living in poverty. For those who, as a result of recent economic growth managed to escape from extreme poverty, they are likely to fall back into this most vulnerable of situations once again.

COVID-19 is not only a challenge for global healthcare systems, but also a test of our indomitable human spirit. The challenge however is that recovery must lead to a more equal world that is more resilient to future crises. Fiscal stimulus packages and emergency measures need to address public health gaps to mitigate the impacts of COVID-19. It is crucial that all policy decisions should place women and girls, their inclusive representation, their rights, social and economic outcomes, equality and protection at their centre if they are to have the intended impacts.

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Today is the 49th Anniversary of Meena Kumari, born Mahjabeen Bano – the legendary actress of Hindi cinema who has been described as a “historically incomparable” actress. Born on 1st August, 1933, Meena Kumari lived only for 38 years, passing away on 31st March, 1972. In a career span of 33 years, Meena Kumari featured in 92 films – including the legendary roles in Sahib, Biwi Aur Gulam, Pakeezah and Baiju Bawra amongst others.

She had a huge fan following, including amongst the industry’s veterans. Amitabh Bachchan is reported to have said – “No one, not any one, ever spoke dialogues the way Meena Kumari did .. no one .. not anyone to date.. and perhaps never will.” Satyajit Ray described Kumari as “undoubtedly an actress of the highest calibre”. Madhubala was also a fan of Meena Kumari and said: “She has the most unique voice. No other heroine has it.”

So, here are some lesser known facts about the legendary Meena Kumari :

1.         Meena Kumari Hailed From Rabindranath Tagore’s Family

Meena Kumari’s grandmother, Hem Sundari Tagore was the daughter of Rabindranath Tagore’s younger brother.

2.         She Was An Acclaimed Poet

Meena Kumari was an Urdu poet under the pseudonym Naaz. Tanha Chand (Lonely Moon), a collection of Meena Kumari’s poems, was compiled by Gulzar and published after her death in 1972. Meena Kumari, the Poet: A Life Beyond Cinema consisting of the late actress’s poems and nazms was also published in 2014.

3.         She Married At The Age Of 18 Years

Meena Kumari married Kamal Amrohi, on 14 February 1952, when she was 18 years and Kamal Amrohi was 34 years, in a simple “Niqah” ceremony in the presence of a Qadi and Kumari’s younger sister, Mahliqa (Madhu). Kamal Amrohi was a director who made 5 films with 3 of them as superhits. He was already married when he did nikah with Meena Kumari, as they were reportedly in love. However the marriage did not end well, with reports of her being subjected to domestic violence.

4.         She First Started Her Career As A Playback Singer

She sung as a child artist for films like Bahen till 1945. As a heroine, she rendered her voice to songs from films like Duniya Ek Sarai (1946), Piya Ghar Aaja (1948), Bichchade Balam (1948) and Pinjre Ke Panchhi (1966). She also sung for Pakeezah (1972), however, the song was not used in the film and was later released in the album Pakeezah-Rang Ba Rang (1977).

5.         She Was Commemorated With A Doodle

On her 85th birth anniversary, Google devoted a special doodle in her memory. The doodle shows the actress’ beautiful face and expressive eyes.

6.         Kumari made history at the 10th Filmfare Awards (1963), by receiving all three of the Best Actress nominations, and won for her performance in Sahib Bibi Aur Ghulam.

7.  The Mother India fame Actress – Nargis, wrote a letter on the death of Meena Kumari which said – ‘Meena, Maut Mubarak Ho’?

Wondering why, read here : https://timesofindia.indiatimes.com/home/sunday-times/why-nargis-said-meena-maut-mubarak-ho/articleshow/66898473.cms

8. Meena Kumari’s grave at Rehmatabad Cemetery, located at Narialwadi, Mazagaon, Bombay, as per her own wish, reads – “She ended life with a broken fiddle, with a broken song, with a broken heart, but not a single regret.”

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The Womb is an e-platform to bring together a community of people who are passionate about women rights and gender justice. It hopes to create space for women issues in the media which are oft neglected and mostly negative. For our boys and girls to grow up in a world where everyone has equal opportunity irrespective of gender, it is important to create this space for women issues and women stories, to offset the patriarchal tilt in our mainstream media and society.

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