Crime against Women : Legislative and Judicial approach

Author: Saumya Baranwal

Amity law school, Noida

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INTRODUCTION

The term CRIME AGAINST WOMEN has been used to describe a wide range of acts, including murder, rape, and sexual assault, physical assault, emotional abuse, battering, stalking, prostitution, genital mutilation, sexual harassment and pornography. There is little consensus in the still evolving field on exactly how to define crime against women. Crime Against Women [CAW] is centuries old even in mythology Ramayana and Mahabharata stories of. Sita being fire tested to prove her chastity after being kidnapped by Ravana, striping of Draupadi by Dushasana in open darbar. Still this social crime CAW is continuing even today. Ramas, Ravanas and Dushansa are born and’ behave lik~~them.

Goddess like: Lakhmi, Saraswali, stta. Radha and Kali are worshiped and crores are spent, in building their temples, but in real life CAW is an everyday tragedy to be read in every possible newspaper.. Majority of the case either go undetected or unconvicted due, to lack of dedication, devotion, cooperation and co-ordination of different departments involved in CAW investigation. Extra effort or interest on part of forensic pathologist can only solve these’ cases. CAW starts from .cradle to cremation and birth to burial ground. Women suffer the most because they’re naturally, biologically and physically less stronger and less aggressive than men.

According to National Crime Records Bureau’s (NCRB) recent report ‘Crime Clock-200S’, which tracked criminal activities over the last year, the country reported one crime against women every three minutes; one molestation every 15 minutes; one rape every 29 minutes, one dowry death every 77 minutes, and one sexual harassment case every 53 minutes. Among the crimes listed by the NCRB, rape, molestation, sexual’ harassment, and dowry deaths were reported more frequently. The figures could be much higher as only those crimes, which were reported to the police’ under the Indian ‘Penal Code (IPC), were, listed on the.clock. Out of all the crimes against women rape is most heinous one. Delhi is the least safe city for wornen. In ~004, it accounted for 30%’ of rapes recorded in the country’s 35 major cities.

Hundreds of years have return, and hundreds of years have gone, anyway the predicament of young ladies isn’t certainly to modify. 

Time has feebly watched young ladies enduring inside the sort of separation, abuse, misuse, debasement, hostility, mortification. 

Indian ladies through the nations stayed enslaved and mistreated in light of the fact that society had faith in sticking on to customary convictions for the brunt of savagery—local just as open, Physical, passionate and mental. Wrongdoings against ladies are a social threat, and an exorbitant general medical issue. It can appear as dangers, verbal maltreatment, battering, assault, and murder. It is a heightening example of coercive conduct that incorporates physical, sexual, and mental strikes. 

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It will detonate wherever, whenever, and inside any financial class. Savagery against ladies is basically not a ladies’ rights issue but rather a human rights issue. Numerous ladies, casualties of power, live in dread of torment and demise. 

They are secluded, regularly ailing in confidence. They will in general censure themselves for what’s going on and they endeavor to clarify away the wounds and broken bones. 

It probably won’t be clear to spot compel at first. 

While a few connections region unit obviously injurious from the showtime, misuse ordinarily begins unpretentiously and deteriorates after some time. 

Catchphrases: wrongdoing against women’s, aggressive behavior at home, physical maltreatment.

CRIME AGAINST WOMEN- A LEGAL PERSPECTIVE

The difference between a man and a woman has certainly taken a form of a monster which is now a matter of livelihood on the female strata of society. There would be no safe women in India if we don’t act now. The National Crime Record Bureau has recently published the figures of crime against women. According to the figures 100 women are subjected to rape each day approximately. The most numbers square measures within the state of Madhya Pradesh. In Madhya Pradesh there is a rise of 358% in rape against women during 2013-14 that is 14 crimes each day. On the opposite aspect province excels in murder and capture of that 300 murders were because of amorous affairs. Delhi excels in theft. In Bharat nearly a pair of  0.5 lac matters were reported of kidnapping in 5 years, most of which did not demand extortion but was for marriage purpose. 

 

CRIME AGAINST WOMEN- GLIMPSES OF INDIAN PENAL CODE 1860

 

 

• KIDNAPPING (SEC 359, 360, 366)
• EVE TEASING (SEC 509)

• CHAIN SNATCHING (SEC 378)

• RAPE (SEC 376, 376A, 376B, 376C, 376D)

• SEXUAL HARASSMENT (SEC 354A)

• DOMESTIC VIOLENCE (SEC 498A)

• HONOR KILLING

• CYBER CRIMES (BULLYING, ABUSE, VIOLENCE, PORNOGRAPHY)

• DOWRY DEATHS (SEC 304B)

• STALKING (SEC 354D)

• ACID ATTACKS (SEC326A, 326B)

• WOMEN TRAFFICKING (SEC 370, 370A, 372, 373)

• ASSAULT TO OUTRAGE MODESTY (SEC 354, 354B)

 

KIDNAPPING

The term KIDNAPPING refers to either capturing from India or capturing from lawful guardianship. Section 360 of the INDIA PENAL CODE states that whoever conveys any person beyond India without his consent is said to kidnap that person from India and whoever takes away a minor (18yrs in case of female and 16yrs in case of male) without his consent or the guardian’s consent is said to kidnap that person from lawful guardianship (SEC 361). The punishment for this purpose is up to 7 years and fine depending on the circumstances. Section 366 of IPC defines kidnapping, abduction or including women to compel her marriage and foreceful sexual relations for which the offender can be punished with imprisonment up to 10 years and fine as imposed.

 

EVE TEASING

Eve teasing could be a locution used for public molestation or molestation of ladies by men. It is a problem in the current youth. It is a kind of sexual aggression that ranges in severity from sexual remarks, brushing and catcalls to groping. Sec 509 of the IPC states that whoever desiring to insult the modesty of any ladies, utters any word, makes any sound or gesture or exhibits any object that intrudes upon the privacy of such woman shall be punished with imprisonment up to 3 years and penalty.

 

CHAIN SNATCHING

Theft against girls scopes to chain snatching and different valuables. This is a common problem of modern society. Old age women area per unit are the most affected class of these crimes. In a country like India, jewellery is the real gem of a Indian women and it touches them emotionally. The offenders also disguise themselves as police officials and ask women to give their valuables for safety purposes. There are many ways women suffer through the crime of chain snatching. It is subjected to Sec 378 of IPC.

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RAPE

Rape could be a much broader term to be outlined and its scope is of wider perspective. It is the most common crime against women and the Indian society and government has failed to end this heinous crime. India is seen in the world as a nation of rapists. There have been a tremendous increase in number of rapes being reported. The law system has failed completely. The offence can be categorised in various aspect as 

• Rape of a minor girl
• Rape of a women (sec 376)
• Rape with murder (sec 376A)
• Rape in families or by servant (sec 376C)
• Gang rape (sec 376D)
• Marital rape (sec 376B)

The punishments for these offences range from imprisonment up to 7 years to 20 years or life imprisonment along with penalty depending upon the different circumstances.

 

SEXUAL HARASSMENT

Sexual harassment can be defined as unwelcome sexual advances, request for sexual favours and other verbal or physical harassment of sexual nature. It includes a spread of actions from mild transgressions to regulatory offence or sexual assault, showing pornography to women against her will, etc. According to Sec 354A of IPC if any person commits an act of sexual harassment, he shall be rigorously imprisoned up to 3 years and penalty.

 

DOMESTIC VIOLENCE

Domestic violence is yet another term which is common in India as women were and are considered to be the inferior strata of human society. The psychological was that the man earned and worked outside so he had the right to do anything with his wife. But with time, the trnd changed and now women equally work. These acts of violence including beating, rape, forced sex etc. Sec 498A of Domestic Violence Act defines 1 year punishment and penalty.

 

HONOR KILLING

A spate of murders and dishonourable crimes in the name of ‘honour’ whether of a family or caste or community are continuing to be reported. These reports are from various states. A crime within the name of ‘honour’ is one among a range of violent or abusive acts as well as emotional, physical, and sexual abuse and other coercive acts. The panchayat or associations, through various kinds of coercive and pumitive actions, want to create terror and stop marriages and associations on the basis of choice from taking place. These actions are also in violation of certain fundamental right in the constitution of India, including the Right to Life, and Liberty which includes the Right to Bodily Integrity, and the right to choose whom to associate with.

 

CYBERCRIME

In the world of technology, India too had advanced itself in technology and the women are equal part of it. But the sick minds have not left any chance to offend women in the cyber world too. There are several cyber crimes such as bullying, abusing, pornography and many more which are happening each day against women. These crimes have punishment under Information Technology Act, 2000 which ranges from imprisonment up to 3 years to life imprisonment and penalty as the case may be.

 

DOWRY DEATHS

The evil practice of taking dowry in marriage is still common in the rural areas of India which if opposed results to death of women gradually. This is a very common 

STALKING

Stalking could be a new crime in trend against women. Stalking means that breaching the privacy of women by following or regular contacts or observation on internet or any other electronic transmission. Whoever does so shall be punished with imprisonment up to 3 years to 5 years along with penalty.

ACID ATTACK

However sale of acid without proper information has been banned by the Government of India, acid attacks are still in trend to threaten women and hurt them. Sec 326Aof IPC states that whoever voluntarily throws acid for grievous hurt or an assault shall be punished with imprisonment up to 7 years or for life time and penalty.

ASSAULT TO OUTRAGE MODESTY

Whoever assaults or uses criminal force intending to outrage her modesty (1yearr -5years imprisonment), her or disrobing her or compelling her to be naked (3years-7years) are liable under sec 354 and sec 354B respectively

WOMEN TRAFFICKING

The concept of women trafficking started in the late 20th-century in existence.

Sec 370 describes varied modes of trafficking which incorporates trafficking of minor ladies

The law (Section 354 IPC) makes it a special crime to use force against a woman, or even threaten to use force, if the intention is to ‘outrage her modesty’. It treats it more seriously than normal and criminal force by allowing the police to make arrests for such crimes without a warrant.
The law does not explain what ‘outraging modesty’ means.

Courts typically build this determination by viewing all circumstances encompassing the incident.

The Supreme Court said ‘modesty’ as female decency and a virtue that ladies possess because of their sex.

The social control is jail time of between one and 5 years in conjunction with a fine.

Important: It is not enough that the victim’s modesty is outraged. It is an offence only when the accused intended or knew it to be likely that the acts in question would outrage the victim’s modesty.

 

 SOCIAL HARM 

Due to criminology’s preoccupation with crime exploit, penalty and crime control, criminology as a discipline fails to fitly recognise ‘harms’ fully fledged by girls and ladies. A social damage perspective permits for the sociology gaze to increase on the far side legal definitions of crime, and will so account for an additional comprehensive understanding of the harms experienced. Victimising feminine reproductive organ and staking can be a common example. The concept of social damage perspective is helpful in accounting for, and understanding violence against girls and ladies. 

Moreover victimisation feminine reproductive organ injury and Stalking as elite examples, this text
demonstrates however a social damage perspective is helpful in accounting for, and understanding, violence
against girls and ladies. Moreover, this text conjointly identifies that even once a damage is formally
recognised as a criminal offense, the shortage of formal Criminal Justice sanctions suggests, that harms fully fledged
by girls and ladies don’t seem to be sufficiently self-addressed. However, though a social damage perspective
offers for a broad understanding to that sociology has not achieved, it’s not while not its
limitations. Harms against girls and ladies don’t seem to be solely endemic, they’re arguably not
characterised by homogeneity, so creating it terribly tough not solely to outline, however conjointly to live.
Notwithstanding, a social damage discourse will notwithstanding expose harms that need politicisation
to be detected, and permits the narratives {of women|of ladies|of ladies} and girls to tend a platform that sociology
does not presently give.
Keywords
Violence against girls and ladies, sociology, Social Harms, Feminism, Stalking, fem 

 

WOMENS SAFETY- A top priority

Violence against women (VAW) has been a worldwide phenomenon, inviting concerns and debates nationally and internationally. 

Millions of women are subjected to overt and latent violence as they are trafficked for sex tourism, fall prey to ‘kitchen accidents’, face sexual war crimes like rape, succumb to hostility at work place, face intimate partner violence, lack of the agency to determine sexual and reproductive choices, honour killing among others. 

The WHO in its research on VAW categorized it is occurring through five stages of the life cycle 

•  Pre-birth 
•  Infancy 
•  Girlhood 
•  Adolescence 
•  Elderly 

 

VAW has been an issue of the women’s liberation movement in India since the beginning of the movement during 1974-75. The Patna conference of February 1988 further identified the various social and economic forms of VAW, which take various forms and shape like ‘purdah’ sati, dowry deaths, female infanticide, selective abortions and rapes. 

Reason- the issue gets compounded in areas where exposure and literacy rates among women are low, they are not financially independent to break out of the dependence barrier to speak out against violence or have internalized oppressive and violent structures as art of their existence due to social and cultural conditioning.

Universalization of women’s helpline 

It came into force in 2015. The helpline 181 provides 24 hour response, both for emergency and non-emergency situation where women may be affected by violence including sexual offences and harassment both in public and private sphere. 

The complaints that are registered on the helpline are referred to the appropriate authority such as police, counsellor, hospital, protection officer etc. 

In case a woman needs rescue help from a violent situation or is need of urgent medical help, a PCR van from nearest police station or ambulance from nearest hospital or 108 number is dispatched for instant help. 

Panic button on mobile phones 

It was launched keeping in view the need for women to reach out for help urgently in a situation of violence or sexual attack. 

From 1st January 2018, no smartphone manufacturing company shall sell the new smart mobile phone handset in India without the facility of identifying the location through satellite based GPS. 

Mahila police volunteer 

This initiative is based on the principle of community volunteerism. It is to facilitate a positive linkage between police and community and to help women in distress

Every gram panchayat across the country would have one mahila police volunteer who would act as link between rural women and police with the view to balance preventive and curative aspects, proper implementation of various laws and provisions available for safety of women and act as an enabler for victims of harassment and violence who may o find it comfortable to directly approach the police or the authorities.

33% reservation in police
With a view to increase the representation of women in police forces of all UTs and Delhi police, the union cabinet in 015 approved 33% reservation for women in direct recruitment for non gazetted posts- constables to Sis- in police forces of all union territories and Delhi.

Sexual harassment of girls at work (prevention, prohibition and redressal) act 2013

In 1997, SC recognized the sexual harassment of women at workplace as violation of human rights and personal injury to the affected women. As a result, it laid down the vishakha guidelines. Before this, there was no law in India which governed this matter directly and women had to lodge complaint under sec 354 and 509 of IPC. Even after the guidelines, the implementation was not carried out deftly.
Later, sexual harassment prohibition act came in 2013 which was a comprehensive law determining the means of sexual harassment and covers women working in offices, factories or even as domestic help. The act makes it mandatory for employers to constitute an ‘Internal Complaints Committee’ if there are more than 10 employees. This act doesn’t allow for a demand for monetary compensation from the victim thereby working as a deterrent towards false complaints to extort money.

Inclusion of acid attack victims in right of persons with disabilities act 

There have been spates of incidences where acid attacks have been used as a tool to derogate the identity of a woman in the society by reforming her, used as mode of vengeance in cases of unwanted sexual advances. Acid attacks have also come out in context of disputes other than sexual offences and are being used increasingly as a tool to inflict physical and mental trauma on women as well as lifelong scars. 

In 2013, SC banned the public sale of acid yet the number of incidences in 2016 rose by 23.3%. The PwD Act 1995 which originally included 7 disabilities listed under its ambit and expanded it to recognizing 21 disabilities. The recognition of acid attack under this act would help them with education and occupational provisions and allow them to avail of 3% reservations of jobs earmarked for the disabled. 

There are other schemes like women power line 1090 which sought to empower women and not just help them. 

It caters to complaints related to social media, lewd telephone calls and SMSes, stalking and harassment in public places. It works on 5 principle 

•  The identity of victim is never disclosed 
•  Victim is never called to police station the calls of victims are necessarily taken by women police offices 
•  The approach to address VAW needs to come in a holistic multi-pronged way, designed by putting various arms of the governance mechanism into a structural whole so as to address these associated concerns that inhibit women from speaking up. 
•  One number across state 
•  Officer keeps in touch with the victim until the resolution of the complaint. 

 

Therefore, the approach to addressing VAW needs to come in a holistic multi-pronged way, designed by putting various arms of the governance mechanism into a structural whole so as to address these associated concerns that inhibit women from speaking up.

 

LANDMARK CASES THAT CHANGED THE COURSE OF WOMEN

Vishaka Vs State of Rajasthan

 

Bhanwari Devi, a welfare worker from Rajasthan, was viciously gang-raped by five men for preventing a child m@rriage. Determined to hunt justice, she set to travel to court. In a shocking decision, the trial court acquitted all five accused.

Vishaka, a gaggle for Women’s Education and analysis, took up the cause of Bhanwari Devi. It joined forces with four other women’s organizations and filed a petition before the Supreme Court of India on the issue of sexual harassment at the workplace.

On August thirteen, 1997, the Supreme Court commissioned the Vishaka pointers that outlined molestation and place the burden on the employers to supply a secure operating atmosphere for ladies.

 

Mary Roy Vs State of Kerala

Women from the Syrian Christian community in Kerala were prevented from inheriting property due to patriarchal traditions.

This decree was challenged by Blessed Virgin Roy, a woman’s rights activist and pedagogue. After the demise of her father, she filed a case against her elder brother when she was denied an equal share in the family’s inheritance.

Though the plea was rejected by the tribunal, the Kerala High Court overruled the previous judgment. In 1986, the Supreme Court delivered a landmark judgment that granted Syrian Christian ladies the correct to hunt associate equal share in their father’s property.

Vaddeboyina Tulasamma v. Vaddeboyina Shesha Reddi, 1977 SCR (3) 261 

The Supreme Court in this case highlighted the Hindu female’s right to maintenance as a tangible right against property which flows from the spiritual relationship between the husband and wife. The Bench comprising of Justice P.N. Bhagwati, Justice A.C. Gupta and Justice S.M.

Fazal Ali control that Section 14(1) of the Hindu Succession Act, 1956 should be generously construed in favour of the females therefore on advance the thing of the Act.

This section makes feminine Hindu a full owner of a property, rather than a restricted  owner.

Lata Singh v. State of Uttar Pradesh, 2006 (6) SCALE 583

 Noting that there was no bar to inter-caste marriage under the Hindu Marriage Act, a Division Bench of the Supreme Court comprising of Justice Ashok Bhan and Justice Markandey Katju observed that since there was no dispute about the petitioner being a major, “she was free to marry anyone she likes or live with anyone she likes”. The court held that no offence had been committed by any of the accused.

The judgment directs the administration associate degreed police authorities throughout the country to make sure that if any boy or lady WHO could be a major enters into an inter-caste or inter-religious

marriage with a girl or man United Nations agency could be a major, the couple are not harassed or subjected to threats and violence.

The police ought to institute criminal proceedings against persons United Nations agency threaten, harass, commit or instigate acts of violence on those who pick inter-caste or inter-religious marriages.

R.D Upadhyay v. State of Andhra Pradesh., AIR 2006 SC 1946

he Supreme Court during this case thought of the problem of development of youngsters WHO ar in jail with their mothers, either as undertrial prisoners or convicts.

The Bench comprising of Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice P.K. Balasubramanyan observed that the jail environment was certainly not congenial for development of the children. A study was ordered to be conducted by the National Institute of Criminology and Forensic Sciences where certain suggestions were made for proper care of children of women prisoners.

It was any recommended that arrest of girls suspects be created solely by girl police.

Various reports were filed by the State Governments and Union Territories on the issues raised as a result of the study. In light of these reports, the Court issued detailed guidelines for providing various facilities to women prisoners and their children in the following cases: pregnancy; child birth in prison;

female prisoners and their children; food, clothing, medical care and shelter; education and recreation for children of female prisoners; diet; etc.

Accordingly, the court ordered Jail Manual and different relevant Rules, laws, directions to be fittingly amended inside 3 months therefore on suits the directions.

Death sentence to Nirbhaya’s rapist

The rape case that shook the nation five years ago is still branded in our minds, as a representation of everything that is wrong in our nation – from the way we treat our women to the broken system. Even though the four accused were convicted, it was only this year that the Supreme Court upheld the much-debated death sentence. The four convicts were sentenced to death in May.

The fact the rapists were caught and convicted in a short span of time, was, in itself, commendable (given the justice system’s track record of failing victims). But to pronounce the harshest sentence it could was welcomed by everyone. Although capital punishment is still a hot topic of debate, the severity of the sentence was seen as a message for all those who thought they could get away with crime – the long arms of the law eventually catches you, and will make you suffer.

GOVERNMENT’S MEASURE

Government also enacted specific laws to safeguard the interests of women and for up gradation of their status. 

• – Hindu Succession Act- 1956, right to parental property for women 
• – Dowry Prohibition Act 1961, declares taking of dowry an unlawful activity and thereby prevents the exploitation of women. 
• – Equal remuneration act, 1976 provides for payment of remuneration equal with men for work of equal value. 
• – Medical termination of pregnancy act 1971– legalizes abortion conceding the right of women to go to abortion on the ground of physical and mental health. 
• – Criminal law amendment act, 1983– seeks to stop various types of crimes against women.
• -Protection of women from domestic violence act 2005– provides for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family. 

SUGGESTIONS FOR IMPROVEMENT

Rural women are the key agents for development. They play a chemical change role towards action of transformational economic, environmental and social changes needed for property development. But restricted access to credit, health care and education ar among the various challenges they face. Empowering women is essential not only for the well-being of individuals, families and rural communities but also for overall economic productivity.

The Government of India is deeply concerned with this trend and ground situation and would, therefore, reemphasize that urgent action should be taken on the following:-

Crime prone areas should be identified and a mechanism be put in place to monitor infractions in schools/colleges for ensuring safety and security of female students. Women police officers in an adequate number fully equipped with policing infrastructure may be posted in such areas.

There should be no delay whatsoever in the registration of FIR in all cases of crime against women.

All-out efforts should be made to apprehend all the accused named in the FIR immediately so as to generate confidence in the victims and their family members.

Cases should be thoroughly investigated and charge sheets against the accused persons should be filed within three months from the date of occurrence, without compromising on the quality of investigation. The medical examination of rape victims should be conducted without delay.

Help-line numbers of the crime against women cells should be exhibited prominently in hospitals/schools/colleges premises, and in other suitable places.

Women police cells in the police stations and exclusive women police stations should be set up as needed.

Police officials charged with the responsibility of protecting women should be sensitized adequately.

Police personnel should be trained adequately in special laws dealing with atrocities against women. Enforcement aspect should be emphasized adequately so as to streamline it.

Women police officials in the State Police Force should be recruited widely.

Close coordination between the police and the NGOs dealing with the interests of women may be ensured.

The local police should arrange for patrolling in the affected areas and more especially in the locality of the weaker sections of the society. Periodic visits by DM & SP will create a sense of safety and security among these sections of the people.

Through counseling through professional counselors is required for victims as well as her family to overcome the trauma of the crime.

The effectiveness of schemes developed for welfare and rehabilitation of women who have been victimized should be improved.

Violence against women 

 Issues of adverse sex ratio, trafficking of women and girls, monitoring and managing violence against women including sexual harassment at the workplace. 

 These concerns have been in mainstream discussion but there are failed attempts to curb the menace of violence on women. 

Enabling environment 

 The decline in women’s employment which is marked by an absolute fall in number of women workers in rural areas at a time when employment opportunities in urban areas are stagnating have limited the possibilities of women’s economic independence. 

 Further, possibilities for alternative employment in rural areas needs to be taken up seriously which should include employment generation through public investment in secondary and tertiary sectors, apart from skill development and entrepreneurial initiatives which are mostly directed towards self-employment. 

The acknowledgement of women’s unpaid work and the need for its recognition and valuation, resonating the concerns raised in the SDGs is surely an important landmark of the policy. 

Overall, the policy ably captures the different dimensions of women’s life and promises interventions at different levels. It is important to note that a policy document is only the first step ad may be the easiest. It needs to be followed up with strict implementation plans that demand coordination among various ministries which will finally decide the failure or success of the larger policy.

ECONOMIC EMPOWERMENT OF WOMEN

The internet and the social media have fueled online women activism in a big way. Digital India promises to provide opportunities for e-learning and to open earning avenues for women. The systematic focus on women’s awakening, galvanized over the last few decades, has been consolidated into a more holistic sharper mission under the centre via- Mission Poorna Shakti. It provides single window for all women centric programmes run by various ministries.

Equal pay for equal work is one of the cornerstones of the gender equality movement the world over. Wage disparities have always existed in rural India. But in some spheres of activities, the divide has widened.

 Men were paid 70% higher wages than women in 2004-05 for ploughing work, it rose to 80.4% in 2012 and stood at 93.6% at the start of 2013-14. In digging work also, same discrimination was noticed.

 In 2013, the discrimination in wages paid to women was higher in physically intensive activities but lower in case of work such as sowing and harvesting.

 Many of the agricultural labourers are women and they are mainly assigned manual labour. While men perform operations involving machinery.

The concept of women empowerment is a recent one. The first year of recent millennium 2001 was declared as ‘Women Emp0werment Year’.

IMPORTANCE OF EDUCATION FOR ECONOMIC EMPOWERMENT

Education of a women leads to a better family and ultimately an ideal society to a progressive nation.

New UNESCO data provides education transforms development-

• – If all children enjoy equal access to education, per capita income would increase by 23% over 40 years.
• – If all women had primary education, child marriages and child mortality would fall by a sixth and maternal deaths by two thirds.
• -Educated girls and young women are more likely to grasp their rights and to possess the confidence to claim them.
• – Education promotes tolerance- it helps people to understand democracy, promotes the tolerance and trust that underpin it and motivates people to participate in the political life of their societies.
• – Education improves job quality opportunities.

EXAMPLE OF GENDER BASED VIOLENCE VISIBLE AT DIFFERENT STAGES THROUGHOUT THE LIFECYCLE

PRENATAL

• Pre-birth elimination of females
• Physical Battery during pregnancy

INFANCY

• female infanticide 
• Differential access to care, nutrition, healthcare, and education

CHILDHOOD

• Child marriage
• Child sexual abuse
• Child prostitution
• Differential access to care, nutrition, healthcare, and education       

ADOLESENCE 

• Molestation
• Rape
• Incest
• Sexual harassment at workplace
• Forced prostitution
• Trafficking
• Violence associated with pre- marital pregnancy, abortion
• Differential access to care, nutrition, health care, education
• Kidnapping and abduction

YOUTH AND ADULTHOOD 

• • DOMESTIC VIOLENCE
  • Marital rape
  • Dowry related to abuse and murder
  • Coerced pregnancy
  • Sexual harassment in the workplace
  • Homicide 
  • Sexual harassment at workplace
  • Molestation, sexual abuse, rape
  • Differential access to care, nutrition, health care, education
  • Desertion 

OLD AGE

• Abuse of the elderly and widows
• Lack of access to care, nutrition and medical facilities

Domestic Violence

Violence in the family – Domestic violence – Traditional practices like satipratha, forced purdah (veil) system, witch hunt, etc. – Female infanticide – Female child abuse – Abandonment of female child – Dowry related crimes – Neglect and, starvation 2. Violence in the community – Sexual offences e.g. rape, molestation, harassment etc. – Commercialised violence suchas trafficking ofwomen, forced prostitution, labour exploitation, pornography, kidnapping and abduction, and the exploitation of women migrant workers 3. Vio1ence.b~ the state – Sexual abuse in remand homes – ~ustodialia~e .. – Women in armed conflict and refuge situations

TYPICAL FORMS OF Discrimination IN INDIAN SOCIETY. 

WITCH-HUNT Within the country where women are worshiped like goddess, there is another lndia where she is branded a witch and mercilessly slaughtered, beaten, stoned, desened, paraded nude, forced to eat poorly or unsuitable material or depersonalized. These are unfortunate women who become of variety of atrocities and physical abuse. The State of Jharkhand had recorded 2OOI9 cases since 2000 while other states reported few to 15 cases per year. The rough estimate is much beyond the official figures

FORCED PURDAH (VEIL) SYSTEM – Seclusion is enforced on women by burgas, ghonghatas, chhunat participation in social activities in one form or another. At one point oftime, Indian women were attacked by foreign or inside invaders for their beauty and good attractive physique for temporary or long time sexual gratification. Society had invented the ways to cover the body modestly. It is ‘still practiced in rural Northern lndia in families of all castes and religions. In one way, it protects them from bad eyes of opportunistic sex offenders. It becomes oppressive when same practice is enforced on educated and working class women. 

 SATI PRATHA In ancient India when solders died in the war then wives were forced or abetted to commit suicide by putting themselves in fire. It had objectives to avoid remarriage, dependency for their all basic necessitates on families, problems ofpromiscuity, forceful seizure of families by rival group in the society. At that time those acts of human sacrifice were glorified. This medieval practice of sati – in which women is burnt alive on her husband’s funeral pyre, is still prevalent in ma1 pockets of India, particularly in Rajasthan, Uttar Pradesh, Chattisgarh, Bihar and Jharkhand.” Although there is already ode Act Sati Prevention Act, 1987, is unable to eradicate-completely. Now, attempts are being made to make than free of charge of committing suicide which was labeled earlier under section 306 IPC. Married women’s experience of beatings1 physical mistreatment 40-49 Religion Beaten since age 15 years (%) 21 21 23 Hindu 212 Muslilu Christian 211 UBC 23 Other Residence Rural 22.5 Urban illiterate 22.5 Literate. not completed Middle school Middle school completed -1igh school and above Source: NFHS 2, 1998 Beaten by husband (“/.I STATUTORY POSITION There are various legislations in India to handle the crime against women, effectively. These are broadly classified under two categories: 1. The crimes under the periodically and amendments carried out to keep pace with the emerging requirements. The gender specific laws for which crime statistics are recorded throughout the country are:. (i) Immoral Traffic (Prevention) Act, 1956 (ii) Dowry Prohibition Act, 1961 (iii) The Child Marriage Restraint (Amendment) Act, 1979 (iv) Indecent Representation of Women (Prohibition) Act, 1986 (v) Commission of Sati (Prevention) Act, 1987 (vi) The protection of women from Domestic violence Act,

IMPACT OF VIOLENCE AGAINST WOMEN

Women generally more likely than men to be fearful of crime

The effects of violent crime on women in general can be far-reaching. Indirect exposure to violent crime can remind others in the community of their potential risk of victimization, which in turn, increases overall levels of fear (Johnson and Dawson 2011). In 2009, the GSS asked Canadians about their feelings of personal safety from crime.

While women reported overall high levels of satisfaction with their personal safety from crime, these levels were significantly lower than those of men (91% versus 94%). Women were also found to be less likely than men to feel safe in a variety of situations, including walking alone at night in their neighbourhoods (85% versus 95%), being home alone in the evening (76% versus 90%), and using or waiting for public transportation alone after dark (42% versus 73%)

Female victims of non-spousal violence less likely than other women to feel safe  

Feelings of safety from crime can be influenced by experiences of victimization. According to victimization data, the impact of victimization on women’s levels of fear generally depended on the female victim’s relationship to the perpetrator. That is, women victimized by their spouse in the last 12 months generally did not have increased levels of fear of crime compared to those women not victimized. In contrast, women victimized by someone other than their spouse were more fearful of crime. This finding is not unexpected, as fear of crime is often related to the threat of stranger violence and not the threat from family members (Scott 2003).

In particular, female victims of spousal violence were equally as likely as non-victimized women to feel satisfied with their personal safety (89% and 91%) (Table 3.1). They also did not have increased levels of fear walking alone after dark or using public transit, compared to women not violently victimized. However, spousal violence victims had heightened levels of fear being home alone. Over one-third (35%) of female spousal victims felt worried when home alone in the evening or night, compared to 23% of women not victimized in the last 12 months.

Across all activities, women victimized by someone other than a spouse were significantly more fearful than women not victimized in the previous 12 months (Table 3.1). For example, almost three-quarters (72%) of female victims of non-spousal violence were worried while waiting for or using public transit after dark, higher than the proportion of women who did not report experiencing any type of violence  (56%).Note 3 Further, while 25% of women victimized outside of a spousal relationship felt unsafe walking alone in their neighbourhood after dark, the same was true for 14% of women not victimized in the preceding 12 months.

Female victims more likely than male victims to be fearful

In general, female victims of spousal and non-spousal violence were significantly less likely to report feeling safe compared to male victims (Table 3.1). Similar to women, experiences of spousal violence had little influence on men’s perception of safety, as men victimized by a spouse were just as likely as those not victimized to feel safe from crime. Unlike female spousal violence victims, male spousal violence victims were not more likely than male non-victims to be fearful while home alone after dark. Mirroring patterns for women, men who were victimized by someone other than a spouse consistently felt less safe than other men.

Women victimized by a spouse more likely than other women to negatively evaluate their physical health

Violent victimization can influence women’s overall perception of health, which can reflect women’s general health status (Turcotte 2011). Based on victimization data, however, victims were not less likely than others to positively evaluate their health. In 2009, 54% of women victimized by a spouse within the last year reported very good or excellent health, a proportion not statistically different from the proportions of women victimized by someone other than a spouse (58%), as well as women not victimized (62%) (Table 3.2).

While ranking of physical health was not significantly lower among women victimized by a spouse over the previous 12 months, a difference in physical health ratings emerged when examining women victimized by a spouse over a five-year period.Note 4 In particular, women who reported spousal violence over this longer period were less likely than other women (including both victims of non-spousal violence and non-victims) to describe their physical health as very good or excellent (55% versus 62%) and more likely to report fair or poor health (17% versus 13%).

Experiences of spousal and non-spousal violence were not linked to poorer perceptions of physical health for men. That is, male victims did not differ in their evaluation of physical health from male non-victims.

Self-rated mental health lower among victims of violence

Women’s perception of their mental health was consistently lower when they reported being violently victimized, regardless of their relationship to the perpetrator. Positive assessments of mental health, namely reporting that mental health was very good or excellent, were lowest among female victims of spousal violence (52%) (Table 3.2). This was followed by female victims of non-spousal violence (65%) and females not victimized in the last 12 months (73%). Unlike female victims, men’s assessment of their own mental health did not vary by whether or not they had been violently victimized.

Elevated levels of everyday stress were much more common among victims of violence. Again, women victimized by their spouse were the most likely to report that most of their days were “quite a bit or extremely stressful” (53%) (Table 3.2). This proportion was significantly higher than for female victims of non-spousal violence (41%) and more than double the proportion of women not victimized in the last 12 months (23%). Men were generally less likely than women to experience high levels of daily stress, but also were more likely to describe high levels of stress if they had been a victim of violent victimization.

Life satisfaction lower among victims

Life satisfaction is a personal, subjective evaluation of overall well-being. According to the 2009 GSS, women’s satisfaction was related to their experiences of victimization. Similar to ratings of mental health and stress, women reporting the lowest levels of life satisfaction were those who had been victimized in the previous year. In 2009, 76% of female victims of spousal violence and 85% of female victims of non-spousal violence indicated that they were satisfied with their lives, compared to 92% for women not reporting any type of violence (Table 3.2). For both spousal and non-spousal violence, the proportions of female and male victims reporting being satisfied with their lives were similar.

EMOTIONAL IMPACT OF VIOLENT VICTIMISATION

Female victims of spousal violence more likely than male victims to be fearful and depressed

The experiences of being a victim of violent victimization can elicit a range of emotional impacts. Overall, female victims were much more likely than men to report being emotionally affected as a result of the victimization. In 2009, about nine in ten female victims of spousal violence (89%) indicated that the violence had some emotional impact on them, while the same was true for about seven in ten male victims of spousal violence (66%).

The most common impact of spousal violence on women was being upset, confused or frustrated (38%), closely followed by being angry (35%) (Chart 3.2). While these were also the most frequently reported types of negative consequences for male victims, female victims were much more likely to report these and other responses to violence. For instance, women were seven times as likely as men to be fearful (27% versus 4%E), three times as likely to be depressed or anxious (23% versus 7%E), and twice as likely to be angry (35% versus 18%). Inversely, men more often reported that the victimization had not had much of an effect on them (30% versus 9%E of women).

Emotional impacts much higher for severe forms of violence

A larger proportion of women who experienced the most serious forms of spousal violence, such as being beaten, stated that they had an emotional response (95%) compared to those who experienced less serious forms, such as being pushed, slapped, or kicked (85%). Overall, emotional consequences were more likely when women sustained physical injury. According to victimization data, 95% of female spousal violence victims who sustained injury reported an emotional consequence to the victimization, compared to 84% of non-injured female spousal victims.

As with spousal violence, non-spousal violent incidents with physical injury were more likely than those without injury to elicit an emotional response. In particular, a larger proportion of injured female victims were emotionally affected relative to non-injured female victims (96% versus 87% of incidents).

Emotional impacts most common among female robbery victims

Not all forms of non-spousal violence elicit emotional responses to violence. Among women, robbery victims were most emotionally affected by their victimization, as nearly all robbery incidents left female victims with some type of emotional impact. In comparison, 87% of physical assault incidents and 87% of sexual assault incidents elicited an emotional response. There was no difference in emotional impacts by type of victimization among male victims of non-spousal violence.

Use of anti-depressant medication higher among victims

Women have different strategies for coping with violent experiences. While most turn to informal sources of support, such as family or friends (see Section 4), research has also found that self-medicating is one method used by some women to deal with their victimization (Johnson and Dawson 2011). This behaviour may also be an indicator of the degree of the emotional impact of violence (Johnson et al. 2008).

According to the 2009 GSS, medication use for depression, anxiety and sleep problems was significantly higher among female victims of violence in the previous 12 months. More than one-quarter of spousal violence victims (27%) and non-spousal violence victims (26%) used medication to cope with depression, to calm them down or to help them sleep. These proportions were significantly higher than the proportion of women who were not violently victimized (18%). It was also significantly higher than the share of male victims who used medication (14%).

Unlike women, men’s use of medication did not vary significantly by whether or not they were violently victimized (14% versus 12%). While the GSS also asked victims of violence about their use of alcohol and drugs to cope with the violent incidents, sample counts were too low to produce statistically reliable results.

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PHYSICAL CONSEQUENCES OF VIOLENCE AGAINST WOMEN

Four in ten female victims of spousal violence were physically injured

Four in ten women (42%) victimized by their spouse in the previous five years reported being physically injured (Chart 3.3). This was more than double the proportion of male victims (18%). The most common types of injury reported by women who were physically injured were bruises (95%), followed by cuts, scratches or burns (30%). Less frequently reported were fractures or broken bones (9%E) and internal injuries or miscarriage

Sometimes, injuries to spousal violence victims were so severe that medical attention was required. According to the 2009 GSS, 18%E of injured women required medical attention and 13%E were treated in a hospital or health care centre (Chart 3.3). In some instances, injuries to women resulted in disruptions to their daily lives, as 40% of injured women reported taking time off from everyday activities. A disruption in daily activities was not limited to injured victims. About one in five non-injured women (17%) also had to take time off from their daily activities as a result of the spousal violence.

Overall, female victims of spousal violence were three times more likely than their male counterparts to experience disruptions to their daily lives as a result of the incident (27% versus 9%E) (Chart 3.3). They were also much more likely than male victims to state that they feared for their life (33% versus 5%E).

Among incidents outside of a spousal relationship, gender differences tended to be less pronounced. In 2009, 17% of non-spousal violent incidents resulted in the female victim being physically injured, a proportion not significantly different from that of males (18%). Among those incidents against women resulting in physical injury, 21%E required medical attention, similar to the percentage of incidents against male victims (16%E). However, similar to spousal violence, female victims of non-spousal violence were much more likely than male victims to state that they found it difficult or impossible to carry out their everyday activities 

Societal impacts of violence against women

Violence against women has a greater impact on formal social services than violent victimization of men

Family and friends of the victim, who are a source of informal support, may be adversely affected, as their daily activities may be altered or disrupted to provide some form of assistance to the victim (AuCoin and Beauchamp 2007). In 2009, 76% of female victims of spousal violence confided in family, friends, or neighbours. Similarly, in 87% of incidents of non-spousal violence against women, victims disclosed their victimization to such individuals.

Additional societal costs arise from helping victims and their families in terms of the delivery and maintenance of health care services, counselling, shelter services and other social supports. Based on victimization data, the involvement of health and social service agencies was about two to three times higher in incidents of violence against women (both spousal and non-spousal), compared to violent incidents directed at men (Chart 3.4) (Section 4 on Responses to violence against women explores this issue in greater detail). This may partly reflect differences in the severity of violence against women and men.

Children more often witnesses to spousal violence against their mother

Children, in particular, can be direct witnesses to spousal violence. For children, especially the very young, this exposure to violence can have long-term emotional, cognitive, social and behavioural impacts, thereby, incurring costs to the social and criminal justice systems for years to come (Holt et al. 2008, Kitzmann et al. 2003).

In addition, witnessing violence against a parent, which is considered a form of maltreatment by provincial and territorial child welfare legislation, can generate the immediate involvement of provincial and territorial child welfare/children’s aid or child protection systems. These authorities have the responsibility of investigating possible cases of child exposure to spousal violence, providing necessary services and possibly removing children from the violent householdNote 5 (Trocmé et al. 2010).

The 2009 GSS asked spousal violence victims if their children heard or saw the violent incidents against them.Note 6 As described in Section 1, children were more often present in spousal violence incidents against their mothers than fathers (59% versus 43%) (Chart 3.4) and this violence witnessed by children tended to be more severe when perpetrated against mothers.

Reflecting the heightened severity of spousal violence against women, incidents of spousal violence against mothers were linked to higher levels of spousal victim’s contact with formal social services (56% versus 33%E). Similarly, police involvement was more common when the spousal victim was the child’s mother, as opposed to the child’s father (48% versus 25%E).

SUMMARY

This section described some of the direct and indirect impacts of violence against women. Not only do victims suffer emotional and physical harm, but their feelings of safety and perceptions of well-being are often affected by their victimization experiences. While women victimized by a spouse did not consistently have higher levels of fear than other women, women victimized by a stranger, friend, acquaintance or non-spousal family member were less likely than non-victimized women to feel personally safe from crime. Violently victimized women, both those victimized by a spouse or another perpetrator, were less likely to positively rate their mental health, more likely to experience elevated levels of stress, and more likely to use medication for depression, anxiety or sleep problems.

Violence against women also has a range of negative impacts that extend beyond the victim. Family and friends can be indirectly or directly affected by the violence, particularly children who are more often witnesses to spousal violence against their mothers than fathers. In addition, larger societal costs of violence against women can be borne from providing and maintaining social supports and criminal justice services. In general, the use of these services was higher in violence incidents involving female than male victims. It has been suggested that the economic costs associated with providing these services, as well as financial implications of violence to victims and their families are substantial.

CONCLUSION

Violence against women is a problem around the W0rld. It affects women of all races, ethnic teams, classes and nationalities.

It is a life-threatening problem for individual women and a serious problem for societies.

In several countries, girls fall victim to ancient practices that violate their human rights.

Violence affects the lives of scores of ladies worldwide altogether socio-economic and educational classes. It cuts across cultural and religious barriers, preventive the proper of ladies to participate absolutely in society. Violence against ladies takes an alarming sort of forms, from domestic abuse to rape, to child marriages and to female circumcision. All are violations of the most fundamental human rights.

In a statement to the Fourth World Conference on ladies in Beijing, in September 1995, the United Nations Secretary-General, Boutros Boutros-Ghali, said that violence against ladies could be a universal drawback that has got to be universally condemned. However, he said that the problem continues to grow. The Secretary-General noted that domestic violence is on the increase. Studies in 10 countries, he said, have found that upto 17 percent to 38 percent of women have suffered physical assaults by a partner. In the Platform for Action, the core document of the Beijing Conference, Governments declared, “violence against women constitutes a violation of basic human rights ANd is an obstacle to the achievement of the objectives of equality, development, and peace”.

Some women fall prey to violence before they are bom, when expectant parents abort their unborn daughters, hoping for sons instead. In other societies, girls square measure subjected to such ancient practices as circumcision, that leave them maimed and traumatized. In others, they’re compelled to marry at AN early age before they’re physically, mentally or showing emotion mature. Women are victims of criminal congress, rape and domestic violence that often lead to trauma, physical handicap or death. Moreover, rape is still being used as a weapon of war, a method wont to subjugate and frighten entire communities. Soldiers deliberately impregnate ladies of various ethnic teams and abandon them when it is too late to get an abortion. The Platform for Action adopted at the

Fourth World Conference on ladies declared that rape in armed conflict could be a war crime and will underneath sure circumstances, be considered genocide.

The problem of crime against women is not new in India. Women in Indian society are victims of ill-usage, humiliation, torture, and exploitation for as long as written records of social organization and family life are available. These records are repeated with incidents of abduction, rape, murder and torture of women. Nevertheless, regretfully, female victims of violence haven’t been given a lot of attention within the literature on social issues or in the literature on criminal violence. Nor has any attempt been made to explain why both the public and the academicians alike have ignored for so long the hard fact that women have continuously been ruthlessly exploited in our society.

The attitude of indifference and negligence can be attributed to factors like lack of awareness of seriousness of the matter, general acceptance of man’s superiority over lady as a result of that violent acts against ladies were not viewed as violent or deviant, and the denial of violence by women themselves owing to their religious values and socio-cultural attitudes. As the cases of wife-battering, rapes, kidnappings and abductions, intra-familial murders, dowry-deaths, eve-teasing and molestation, etc., have been more frequently reported since the late 1960s and early 1970s, the issue of violence against ladies has been remodeled from a personal issue into a public drawback.

It is said that one way to judge the state of a nation is to study the status of its women. In reality, the status of women represents the standard of culture of any age. The social status of the women of a country symbolizes the social spirit of the age. However to draw a conclusion about the position of women is a difficult and complicated problem. It is therefore, necessary to trace this position in the historical perspective. In the course of Indian history from prehistoric to modern times there were distinct stages of the rise and fall in the status and role of women. It appears that the Ancient Hindu society had a flexible social structure. There was equality between men and women. Women were given freedom to move about in society and to take part in public. This gives us an idea as to how they had realized the truth that women too have their own contribution in making the development and progress of the society.

In India, to prevent CAW Medico legal services have to.be improved and upgraded. Communication gaps and hiccups between different investigation agencies to be·narrowed or plugged. CAW is preventable and can be eradicated if it can be tackled in multiphase efforts.
However forensic Medicine .has. a critical role in striking a balance between law, public· and police properly. Though many laws have been enacted for prevention of CAW ground realty is different, due to illiteracy, ignorance of law and neqlected medicolegal ·services, in rural areas cases go· unreported or unconvicted. If advanced technology like brain mapping, narcoanalysis DNA profiling polygraph methods are used CAW cases can be solved. In·modern day society pre and post marital affairs, influence of electronic media, films, books, T. V.’ Serials, alcohol and medicines have resulted in raise in

CAW cases all over the country.
Police should give priority to deal with the cases of CAW without any favourtism, There is need for opening more than one pchce station in a district to deal with’ CAW.
There is need for organizing seminar, workshop, etc., on human rights of women to create awareness on women.

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¹ http://vikaspedia.in/social-welfare/social-awareness/legal-awareness/law-on-outraging-modesty-sexual-harassment-and-stalking-of-women

² https://www150.statcan.gc.ca/n1/pub/85-002-x/2013001/article/11766/11766-3-eng.htm

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Author: Saumya Baranwal

Amity law school, Noida