Avenues of Support for Survivors of Domestic Violence during COVID-19 - The Role and Impact of Bystander Intervention



The COVID-19 pandemic has had a multitude of unintended consequences which flow primarily from the lockdowns imposed by several countries around the world. A few of these include the displacement of migrant workers, increased unemployment and a spike in the number of domestic violence cases being reported. The issue of domestic violence, which was always widely prevalent, has received special attention during this lockdown by various organizations, government  bodies and media houses.  Research has shown that domestic violence cases generally see a rise in situations where families are made to spend time together. An obvious conclusion of this study would be that the increase of domestic violence during the lockdown could have been anticipated. Despite this no official response has been given by either the state or the central government. 



The law on domestic violence in India, enacted in 2005, was made with the sole objective of enhancing the aggrieved woman’s accessibility to the formal legal system. The Act is also characterised by a few strengths as it not only expands the meaning of abuse to include physical, sexual, economic, emotional as well verbal abuse but also offers victim-centric remedies such as shelter homes, maintenance orders and protection orders. The heightened relevance of this law at such a time when  the survivors are unable to leave their abusive households is undisputable. Like most other laws, however, the applicability of this Act is technically suspended given that courts are shut down.



What can we do



The government’s response to the issue of domestic violence has been largely inadequate. Courts are shut down and police officers are unwilling to take on cases of domestic violence currently. The onus of providing support therefore has shifted onto civil society organizations and individuals who, although incapable of providing sustainable support, can play an important part in providing at least ad hoc support to survivors of domestic violence. It often so happens that persons shy away from offering support or communicating with survivors of gender-based violence because we may think that we lack the right words and methods by which we can offer help. Despite this, there are some things we can keep in mind which may facilitate this. 



Our individual capacities both personally and professionally can be leveraged in order to provide assistance to survivors during this difficult time. Bystander intervention refers to assistance given by persons who themselves may not be subjected to violence but are aware of it being committed. Each individual who is aware of an instance of domestic violence being committed can be said to play the role of a bystander. Owing to the lockdown situation, physical assistance by bystanders may be highly limited but there are still a few ways by which support can still be extended. 



There are a lot of ways by which meaningful assistance can be provided even from a distance. For reference, however, it may be useful to guide one’s actions based on the 5Ds of bystander intervention which can be customised to address the challenges posed by the current situation. 



A few examples of what this intervention can be initiated are as follows - 




  • We can intervene directly if the violence is happening in our immediate vicinity by breaking off the abuse by either physically restraining the abuser or taking the survivor away from the abuser.

  • We can distract either the abuser or the survivor by calling and checking in with them or even making a loud noise around their house to let them know that people around them are listening and are aware of what’s happening. 

  • Where we are unable to intervene directly, we can delegate to police officers or medical authorities or other individuals who hold an authoritative position and have the power to intervene. 

  • It may be useful for the survivor to document what has happened either in writing or by taking photographs of visible bruises and even share them ahead to a trusted friend while deleting them from their own phone for safety purposes. This helps in serving as evidence in the future when courts become more accessible and can help in maintaining a strong case against the abuser. 

  • In case of delay, we can check in with the survivors and ask them if there are any specific ways by which we can assist them further. It is important to ensure that these check-ins are suited to the needs and wishes of the survivor specifically. 



Even in our professional capacities, we have the potential to offer meaningful support to survivors during the lockdown. This is especially true for lawyers, medical professionals, civil society organizations, suppliers of essential services and building associations who can all leverage their interactions with survivors and use that time to strategically plan for their safety and well-being. There are several ways by which support can be provided to survivors if individual capacities, knowledge and expertise can be adequately utilised.  



Where can we go from here



The lockdown has not only invisibilized persons who are already on the margins further but has also been an integral tool in uncovering flaws that have been characteristic of the justice delivery system. For instance, access to courts was always difficult for survivors of gender-based violence and this lockdown has increased the dissociation between them. Additionally, the inherent unpreparedness and lack of technological literacy of the judges, the police system and the public at large have proved to be major challenges to the effectiveness of alternative solutions (such as the use of video-conferecing in courts) being utilised. Considering that justice is an essential facility, what the lockdown has really done is push for the need of an inclusive, accessible and affordable justice delivery system which continues to function at full capacity even in these challenging times. 



In the recommendations made to state and central governing bodies a common theme that becomes apparent is the need for investing in long-term sustainable solutions which make access to justice a priority. Even in cases where the judiciary is unable to cope with the pressures being put onto it by the lockdown, it is the responsibility of the government to work with other law enforcement agencies to develop solutions that offer both immediate relief but are also suitable to address the systemic flaws in the justice delivery system which have become increasingly obvious. Up until now, efforts have been put in largely by individual communities and organizations who may have the resources or the expertise in relation to domestic violence but at the same time lack the authority to initiate and sustain long-term enforceable solutions to the issue. While these efforts are commendable in their own right, a lack of response from the government can greatly undermine their effectiveness. 



Government intervention streamlines, concretises and gives the force of law to the legitimate needs of the survivor. This lockdown should pave the way for looking at courts not as a place but as a deliverer of a service - a service that can be made available at all times. 



 



Uttanshi Agarwal is the Senior Program Officer at One Future Collective. One Future Collective recently published a guide on how survivors can be supported during this pandemic by various stakeholders that can be accessed here  

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