Combating Domestic Violence amidst Social Isolation and Covid-19

ABSTRACT

This paper explores the situation faced by women in the family atmosphere during the pandemic-imposed lockdown and the inability on the part of the State and its machinery to provide access to instant remedies against domestic violence as envisaged under the Protection of Women from Domestic Violence (PWDV) Act, 2005. The concept of parens patriae (parent of people) has proved to be in existence only nominally during the contingency. Many of the well framed statutory protective mechanisms including the constitutional machinery of the Judiciary have failed to provide a helping hand to the tortured women everywhere. The social isolation strategy adopted to tackle the Covid-19 epidemic has accelerated the age-old shadow of domestic violence. A doctrinal study is undertaken to analyse the existing legislative and judicial measures against domestic violence, especially in the context of rising domestic violence during the pandemic. The objective of the paper is to identify the victimisation faced by women during the pandemic and the difficulties they face in accessing the redressal mechanisms stipulated under the PWDV Act. To reach the victims of domestic violence, and to free and save them from the clutches of respondents1 with the help of legislations is not sufficient. To deal with such an unexpected new normal scenario, it is necessary to find an alternative mechanism whereby an instant remedy, more than which is perceived under the PWDV Act, could be provided to victims of domestic violence. The methodology adopted for this paper is basically doctrinal. The legal framework at the national and international levels to curb the menace of domestic violence is brought in for the structuring of rights and obligations. An analysis of the present Covid-19 pandemic based on the reports available offline and online is also undertaken. Judicial decisions form the building bricks for the establishment of constitutional rights and its affirmation. Hence a systematic analysis of Supreme Court decisions is also undertaken to complete the research paper.