RESEARCH CONSULTANCY
CHAPTER THREE
NON-LEGAL ASPECTS OF DOMESTIC VIOLENCE RELATING TO FORMS, CAUSES, IMPACTS AND PRVENTION OF DOMESTIC VIOLENCE DURING THE LOCKDOWN
3.0 Introduction
Domestic violence generally is a common phenomenon in Uganda’s setting, however during the covid-19 lockdown the act has been exacerbated given the restrictions of the lockdown that the government imposed. Uganda, like many other countries globally imposed a strict lockdown at the height of corona virus and the initial stages of the virus; this purely was a health precaution to curb the spread of covid-19. However, the lockdown period created a sharp and horrifying increase in the cases of domestic violence across Uganda.
3.1 Various forms of domestic violence
The physical violence perhaps has been the most common form of domestic violence during the COVID-19 period, this may be linked to the fact that most of the partners having been stressed about challenges now turn their anger to beating the other partner, majority of the physical violence is normally experienced by the women, very few cases of the men physically abused by women have been recorded.[1]This is defined as any act or conduct which is in such a nature as to cause bodily pain, harm or danger to life, limp or health. Or which impairs health or development of the victim; and includes assaults, criminal intimidation and criminal force[2].
The emotional abuse has since increased during the COVID-19lockdown because in most families many men lost jobs and the former bread winners turn their frustration to women, sadly it’s very difficult to notice an emotional abuse because it’s unless the victims speak out about the abuse. [3]Emotional, verbal and psychological abuse means a pattern of degrading or humiliating conduct towards a victim, including but not limited to repeated insults, ridicule or name calling, repeated threats to cause emotional pains, the repeated exhibition of possessiveness or jealousy which is such to constitute a serious invasion of the victims privacy, liberty, integrity, or security, or any act constituting domestic violence within the meaning of this Act where it is committed in the presence of a minor member of the family and which is considered as abuse against the minor member and likely to cause him or her injury[4].
Economic abuse includes deprivation of all or any economic or financial resources to which the victim is entitled under any law or custom, whether payable under an order of court or otherwise or which the victim requires out of necessity including but not limited to Household necessities for the victim and his or her children, property, jointly or separately owned by the victim, payment of rent related to the shared household and maintenance.[5]
Sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of another person[6]. This paper observes sexual abuse may be through use of force, coercion, guilt, or manipulation or not considering the victim’s desire to have sex.
3.2 Causes of domestic violence in the lockdown
The lockdown measures created movement restrictions on public transport, restriction on inter district movement, enforcement of curfew to limit the time of movement, closure of schools, closure of many business premises and most employees were forced to work online which confined most families in one place, all this factors created a perfect environment for the increase of domestic violence as explained below.
The increase of stress and frustration during the lockdown has contributed highly to the increase of domestic violence during the lockdown, the lockdown largely created a lot of misery, family distress due to unemployment[7]. The lockdown measures limited both men and women from continuing with work because non-essential workers were discontinued from work which caused stress and frustration and led to high cases of domestic violence. [8] In 2020 because of the first lockdown, about 9% of the non-farm family businesses permanently closed.[9]
The increased drug abuse such as alcohol and marijuana also led to an increase in the number of domestic violence, the lockdown provided favourable conditions for drug abuse because of the increase in poverty due to loss of employment opportunities as a result of the lockdown hence the increase of domestic violence. There are clear links between aggression and substance that cause either disinhibiting attitudes such as Alcohol[10].
The closure of schools also led to increased rates of domestic violence, with schools closed school going children were confined at home. Many school going children who have been escaping from their abusers no longer have anywhere to escape.[11] The recent lockdown has worsened pre-existing challenges with regard to childcare and learning, as nearly 15 million learners are locked out of school, which has caused an elevation in the child protection concerns, poor health.[12]
The absence of pre-existing essential services to the communities such as drugs and foods for persons with chronic or severe illness such as HIV/AIDS, TB caused frustration and impacted on the increase of violence in communities.[13] The services which were received pre-COVI-19 have become difficult to access because of the restriction of transport and institution of curfew.
Domestic violence has been linked with cultural practices, in patriarchy settings the dominance of women by women has been attributed to a main cause of domestic violence, similarly cultural practices such as bride price payment have been regarded as causes to domestic violence, and such views were shared by Hon. Justice Twinomujuni in his dissenting judgement in the case of MIFUMI “ bride price helps to perpetuate a belief in society that a man is superior to a woman, that once he pays he can batter her, humiliate her and treat her as he likes. The custom of paying pride price violates all the constitutional provisions that are enacted to give protection to women’s rights”[14]
3.3 The impacts of domestic violence
There is an extensive consequence of domestic violence on the victims which include both direct and indirect impact. The indirect consequence leads to frustration and stress among the victims of domestic violence, thus the following are some of the impacts of domestic violence as observed by the study.
Domestic violence may lead to unwanted pregnancies because many times the woman may not have consent to have sex, and as a result of domestic violence there is a high likelihood that there will be termination of the pregnancy because of induced abortion.
Domestic violence has led to an increase of early marriage cases, with the closure of schools many school children have been left home where the come in direct contact with most perpetrators of domestic violence. In some cases, the children just turn to street children in search for safety from child labour, harassment from parents.
Domestic violence may result into physical injuries such as bruises, miscarriage in pregnant women, it can also cause long term psychological damage which can be more harmful to the victim, It is common for the victims of domestic violence sometimes to find themselves stuck in those abusive families without help.
[1] Luttamaguzi John Bosco and Nanozi Susanie Ggoobi, COVID-19 AND RISING CASES OF DOMESTIC VIOLENCE, SEMPTEMBER 2020
[2] Section 2 of domestic Violence Act
[3] Luttamaguzi John Bosco and Nanozi Susanie Ggoobi, COVID-19 AND RISING CASES OF DOMESTIC VIOLENCE, SEMPTEMBER 2020
[4] Section 2 of domestic violence Act
[5] Section 2 of domestic violence Act
[6] Section 2 of domestic Violence Act
[7] Elizabeth Katana, Violence and discrimination among Ugandan resident during COVID-19 lockdown.
[8] Luttamaguzi John Bosco and Nannozi Susanie, Covid-19 and the risings level of domestic violence in Uganda
[9] Uganda bureau of statistics high frequency phone survey, 2020
[10] Rapheal Art Javier, Understanding domestic Violence; challenges, theories and remedies, page 112
[11] Julius Omona , COVID-19 and domestic violence in Uganda, page 2
[12] The socioeconomic impact of COVID-19 on children, published on 1st August 2021
[13] Elizabeth Katana, Violence and discrimination among Ugandan resident during COVID-19 lockdown
[14] MIFUMI Limited and 12 others Vs Attorney General and Kenneth Kakuru, Constitutional Petition Number 12 of 2007
