LOCKED DOWN BUT NOT PROTECTED: A CRITICAL ANALYSIS OF LEGAL RESPONSES TO DOMESTIC VIOLENCE DURING PUBLIC HEALTH EMERGENCIES

Abstract

Public health emergencies and large-scale lockdowns profoundly alter social dynamics, often intensifying existing vulnerabilities within private spaces. During the COVID-19 pandemic, restrictions on movement and access to public services coincided with a marked increase in incidents of domestic violence across jurisdictions. This paper critically examines the adequacy of legal responses to domestic violence during public health emergencies, with particular reference to the Indian legal framework. Through doctrinal analysis of constitutional obligations, statutory protections, and institutional mechanisms, the study evaluates whether emergency governance measures sufficiently accounted for the heightened risk faced by survivors of domestic violence. The paper argues that while emergency regulations prioritised disease control, they inadequately integrated gender-sensitive safeguards, resulting in gaps in protection, access to remedies, and enforcement. It contends that effective legal responses during public health crises must reconcile emergency powers with the state’s duty to protect life, dignity, and equality.