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The most affected might never test positive

2021-11-26   Riti Prasai  

In April, UNFPA estimated 31 million new cases of gender-based violence to occur around the world if the lockdown continues for six months. Spain introduced a new rule to not charge women who break the lockdown rules to report abuses. The UN Secretary General urged all the governments to make the prevention and redress of violence against women a key part of their national response plans for COVID-19. Countries launched new domestic violence helpline numbers post lockdowns. These facts mock the universally chanted slogan, “Stay home, Stay safe.” Home might be the safest place for many, but not for all. It is not safe for those who keep a 24-hour domestic violence helpline busy all day and night, it is not safe for women who are afraid of being overheard and therefore send desperate texts and emails crying for help and it is not safe for the victims of domestic abuse who don’t reach out, willingly or unwillingly.

“Sheltering at home to break the chain of infection, the most effective measure taken against the pandemic has brought another deadly danger, a shadow pandemic of domestic violence”, reports UNWOMEN. While the world is physically isolating itself, victims of domestic violence are being trapped with their abusers and are living in constant fear and danger. They are running from the outer foreign monster only to go back to the native one at home, the one that’s boosted by lockdowns and quarantines.

A massive rise in cry for help by the survivors of domestic violence, already one of the biggest violations of human rights prior to the pandemic, were reported after countries started implementing lockdowns, and in countries where the reports dropped, it was believed that the victims were unable to report due to lack of access. Nepal, being no exception, saw significant rise in cases too. 465 cases of gender-based violence from 24th March to 29th May, and 885 calls related to domestic violence from April to June, were reported by Women’s Rehabilitation Centre (WOREC), a leading national organization that works to prevent violence against women, its causes and consequences, ensure its economic, social-cultural well-being of women as well as other marginalized groups by promoting their access to rights and social justice, and National Women Commission (NWC), a constitutional body with the responsibility of gender equality, women empowerment, carrying out research on any women related legal provisions, strengthening the rules and regulations to minimize social malpractices against women and promoting women rights, respectively. Considering that many abused are locked up with their perpetrators and with no means to reach out, and many organizations are left to make their data public, the above data is just the tip of the iceberg.

As the pandemic and the lockdown continue in Nepal, the situation is likely to intensify. Times like this back up the abusers, making it worse for their victims. Boredom, stress, financial struggle, frustration and feeling loss of power and control are likely to make an abusive partner more restless, violent and dangerous whereas restricted mobility, fear of COVID-19, disrupted transport and justice system, minimum health services, limitation on women’s access to helplines, inability to sneak away to seek help and the fear of being overheard or caught while reaching out make victims more vulnerable. Lockdown obstructs their only means, such as school or workplace, that helped them escape and cope up with abuses. Those who felt safe once their husbands or fathers left for work, now live in constant fear and danger, with no sign of relief. Turning to a colleague or a teacher or a counselor for help is not possible as educational institutions and workplaces have been shut down for months now. Although patriarchy and rigid gender roles have set our cultural, religious, social, economic and political foundation, the act of committing crime or violence and spreading fear is a choice. Neither can our societal set up justify it nor will the frustration or stress or boredom or loss of power and control, one might be feeling at present.

The most significant legal initiatives taken on this matter are the enactment of Domestic Violence Act, 2066 and Domestic Violence Rules, 2067. The Domestic Violence Act, 2066 incorporates provisions for filing a complaint of domestic violence while being committed, after been committed or likely to be committed to police office, NWC and the local body. Provisions for producing the perpetrator within 24 hours of complaint, reconciliation between the parties, court proceedings in case of failed reconciliation, right to privacy of the victim, protection of the victim, minor children or any other dependent of the victim, in-camera proceeding and hearing, treatment of the victim, compensation to the victim and establishment of service centers for immediate protection of the victim are some significant features of this act. The offender is subject to a fine of 3,000 up to 25,000 or six months of imprisonment or both, while a person guilty of attempting domestic violence or abetting it is liable to half the punishment. In exercise of the powers conferred by Section 17 of Domestic Violence Act, 2066, Domestic Violence Rules, 2067 was introduced, which incorporates provisions relating to complaint of domestic violence, examination of health of the victim, security and protection of the victim, establishment and operation of service centers, standard to be met to operate service centers, supervision and monitoring of service centers, and awareness program against domestic violence.

But this is nowhere close to enough and so much more is yet to be done. As suggested by UN experts, the government should make combating gender- based violence a significant part of its plans for COVID-19. Safe shelters and helplines must be facilitated and sufficient efforts must be made to increase awareness about their availability via print media, digital media and alternative media. Helplines should provide online chats and texting services, such provided by Nepal police, as phone calls might be dangerous during home confinement. Police and justice system must mobilize to ensure that these issues are given high priority. Although helplines can help to ensure safety, not everyone has access to them. Local governments and civil societies must monitor such violence regularly. Individuals must report cases to the concerned authorities and assist the survivors in their ward, neighborhoods and their families.

Domestic violence, unlike the name suggests, is not a domestic or a family matter. It is a serious violation of human rights and therefore like any other crime must be brought into open. If you are in this situation, know that there are people willing to help you. If you know someone in this situation, reach out to them. Be the voice of the voiceless. Silence won’t work. Normalization won’t help. If domestic violence is not taken seriously now, the most affected will never test positive and will be left unseen, unheard and unhealed to suffer in silence.

For help:

WOREC — Hotline:16600178910, Phone:977–01–5186073, 5186374, Email: ics@worecnepal.org

National Women Commission helpline- 1145

The Asha Crisis Centre hotline — 9801193088

Nepal police — 100