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'The Gendered Contagion: Perspectives on Domestic Violence THE GENDERED CONTAGION: PERSPECTIVES ON DOMESTIC VIOLENCE DURING COVID-19 Gender, Human Rights and Law Volume - 7 Editors Sarasu Esther Thomas Indira Jaising Akshat Agarwal Manisha Arya Prannv Dhawan Vani Sharma Published by: Centre for Women and the Law National Law School of India University Nagarbhavi, Bangalore-560 242 India The Gendered Contagion : Perspectives on Domestic Violence During Covid - 19 i Published by: Centre for Women and the Law National Law School of India University Nagarbhavi, Bangalore-560 242 India The Leafl et C-68, II FLOOR, HARSHA ROAD A-13, Nizamddin East New Delhi – 110013 The Law and Society Committee National Law School of India University Nagarbhavi, Bangalore- 560 242 Year of Publication: 2020 © The copyright vests with the publisher ISBN: 978-81-948677-5-3 Price: ` 250/- Printed at: National Printing Press, Bangalore The Gendered Contagion : Perspectives on Domestic Violence During Covid - 19 ii Contents Foreword .......................................................................................................... vii Preface .............................................................................................................. xi Note from the Editors ..................................................................................... xix About the Editors ............................................................................................ xxvi Notes on Contributors .................................................................................... xxix 1. THE SHADOW PANDEMIC ....................................................................... 1 1.1 Transcript of Panel Discussion ‘The Shadow Pandemic: The Challenge of Domestic Violence ............................................ 3 1.2 Stay Home Stay Unsafe: The Violent Fallout of A Gender- Blind COVID-19 Response ............................................................... 25 1.3 How the Coronavirus Pandemic Disrupted Children’s Lives .... 34 1.4 Muslim Women and The Silent Pandemic: of Relief, Domestic Violence, and Advocacy During Covid – An Interview with Zakia Soman, Founding Member, Bharatiya Muslim Mahila Andolan ................................................. 41 1.5 Call for Safe Space: Intersectional Experiences of Minority Women facing Domestic Violence during Coronavirus Pandemic in India ......................................... 48 1.6 The Dalit Woman and the Pandemic: Exploring Domestic Violence from an Intersectional Perspective .............. 58 1.7 Tracing the intersectional silence on understanding and addressing the violence in the lives of disabled women ............. 69 1.8 The Urgency of Treating Domestic Violence as a Healthcare Issue ............................................................................... 75 The Gendered Contagion : Perspectives on Domestic Violence During Covid - 19 iii 2. The Dysfunctional State Protection ..................................................... 2.1 Implementation of the Protection of Women from Domestic Violence Act (PWDVA), 2005 during Lockdown .......... 91 2.2 Why women can’t ‘stay home, stay safe’: Domestic violence in the times of Lockdown ............................... 99 2.3 “STAY HOME, STAY SAFE?” In Lockdown with the Abuser ........ 107 2.4 Interplay between Domestic Violence Law and Laws Protecting Senior Citizens .................................................... 117 2.5 Moving Mountains, Moving Machinery: Documenting Experiences of AALI during Pandemic – An Interview with Renu Mishra and Shubhangi ......................... 123 2.6 In Conversation with Prof. (Dr.) Asha Bajpai: Child Rights in Abusive Households during COVID 19: A Blindspot ................ 136 2.7 Annexure ........................................................................................... 148 2.8 Caste, Domestic Violence and the Pandemic- Interview with Kiruba Munusamy .................................................. 151 2.9 Covid-19 crisis - No Lockdown for Domestic Violence: Analyzing The Aichls V. Uoi Judgement. ........................................ 158 2.10 The ‘Stay Home, Stay Safe’ Paradox ............................................... 166 2.11 Analyzing the Utility of Domestic Violence Laws in Light of the Pandemic ...................................................................... 175 2.12 Domestic Violence within Tribal Community: Challenges and Possible Remedies in the wake of COVID 19 ..... 183 3. QUEER VULNERABILITIES .................................................................... 193 3.1 No Lockdown on Domestic and Community Violence against Queer People during Coronavirus Pandemic ................. 195 3.2 The Blind Spot in our Domestic Violence Legislation: Analysing the Exclusion of Sexual and Gender Minorities ........ 203 The Gendered Contagion : Perspectives on Domestic Violence During Covid - 19 iv 3.3 The Bi Collective: Notes on Experiences of a Queer Support Group During Covid-19 ........................................ 219 3.4 Law and Violence: Gender-Diverse Persons in Lockdown ........ 228 3.5 Home Sweet Home? ......................................................................... 237 3.6 ‘The basic premise is economic and social resilience’: Lockdown Experiences of the Transgender Community ........... 243 4. NOTES FROM THE NEIGHBOURHOOD 4.1 Field Note : Domestic Violence Crisis Response in Pakistan During COVID-19 ......................................................... 255 4.2 In Conversation with Dr Maria Rashid: Psycho-Social Relief for Survivors of Domestic Violence in Pakistan ................ 259 4.3 Field Note: Domestic Violence Crisis in Bangladesh ................... 270 4.4 Failing Women Everyday: Legal Protection From Domestic Violence In Sri Lanka ........................................... 276 4.5 In Conversation with Sarala Emmanuel: Confronting the Challenge of the Shadow Pandemic in Sri Lanka ........................ 284 4.6 The Need for a Gender Perspective in the Response to COVID-19: An Interview with Renu Adhikari .......................... 297 4.7 The Shadow Pandemic: Perspectives on the Prevalence of Domestic Violence and Access to Justice in the Maldives ........... 302 The Gendered Contagion : Perspectives on Domestic Violence During Covid - 19 v The Gendered Contagion : Perspectives on Domestic Violence During Covid - 19 vi Foreword - Justice Prabha Sridevan I do not know what word I should use to acknowledge the invitation to write the foreword for this special issue. Honoured? No. Privileged? No. We should be ashamed that we have given cause for This Gendered Pandemic. Just as I started writing the foreword on 30.9.2020, our newspapers carried the horror stories at Hathras and of the child stabbed hundred times with a screw driver. It would seem as if even with the sword of death held by the C-Virus over their heads, men will not stop infl icting violence on women and children. The violence will not decrease and on the contrary it will step up its pace. So what do we do? This compilation carries contributions which show the immediacy and the presence of the Violence and the Rights-Violator at the doorstep, sorry, even inside our four walls. The contributions are grouped under descriptive headings; e Shadow Pandemic, e Dysfunctional State Protection, e Engulfi ng Loneliness and the Notes from the Neighbourhood. They include transcripts of panel discussions, interviews and fi eld notes. The transcripts are true records and they bring home to us what women actually faced. The importance of treating domestic violence as a health core issue becomes urgent, because the lockdown is a protection only for the lucky few, it is a curse for women and children in spaces plagued with violence and abuse. This issue shows us that there are certain unique barriers which compound the di culties of sexual and gender minorities since they are excluded from the protection of the DV Act. Then we have the practical di culties faced by the domestic violence clients since communication has become di cult due to the lockdown. We see posters all around us, asking us to stay home and stay safe. But the value of this injunction depends on who you are. The staying-at-home deepens the economic distress for many and also increases the vulnerability to domestic The Gendered Contagion : Perspectives on Domestic Violence During Covid - 19 vii violence. The stay home stay safe paradox is dealt with in this compilation. For in fact, on research, the home has been found to be the “most dangerous place for women”. The experience of women facing domestic violence is not single faceted and we read about the intersectional experiences of Dalit women and Muslim women. The pandemic situation has aggravated the factors that cause domestic violence, because now the women have no escape and the Government shows apathy. There is a paper which deals with implementation of the Domestic Violence Act during lock down. With sinking guts, I read how this pandemic has intensifi ed the violence against gender-diverse persons, women belonging to tribal communities, Muslim women, women with disabilities, Dalit women and children, that means the more vulnerable you are, the more violently the lock down hits you. With regard to children, we read that the impact cannot be captured in one line for it impacts “their education, their nutrition, their mental health and their lives”. And we are told that 10 million children may never return to school….Ten million children. This collection also contains narratives from Sri Lanka, Maldives, Pakistan,
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