Violance Against Women

Blog Author- Ms. Upasana Borah, B.B.A LL.B.(Hons), N.E.F. Law College, Assam

IF ALL MEN ARE BORN FREE THAN HOW COULD WOMEN ARE BORN TO BE SLAVES?

Violence against women in India refers to physical or sexual violence committed against indian women, typically by a man. It is an issue regarding economic development, educational, human rights and heath which impact ranges from immediate to long-term multiple physical, sexual and mental consequences for women and girls, including death. Violance against women is continuing since the Ancient period of Mahabharat which portrays the violence against Dropati. Indian Society has always revered women.Many female deities Goddess Saraswati, Laxmi, Durga, Kali are worshipped across the whole over India. On other side, the system of patriarchal system is continuing since Rig Veda. Women suffer this and remain silent because she is to be discriminated among the society, she can’t speak or stood up against the crime she is been suffering, she is afraid because of the customs laid by our society. The position of women in Indian Constitution is very wide.Over the past two decades,Violence against women is increasing and had came to be understood as a form of discrimination and violation of women’s Human Rights. The obligation to enact laws to address violence against women, is now the subject matter of a comprehensive legal and policy framework at the International, National and Regional levels. The constitution guarantees that all citizens of India (including women) have the fundamental right to live in peace and harmony where it is a global issue which has an impact in our society. Such violances has devastating effect on the lives of victims, their famalies and also communities. The worth of a civilization can be judged by the place given to women in the society. One of several factors that justify the greatness of India’s ancient culture is the honorable place granted to women. They were deprived of their Rights of Equality with men.There is no denying the fact that women in India had not made a considerable progress in the last seventy five years of India independence but yet they have to struggle against many handicaps and social evils in the male dominated society. In a society where women thrive to be equal to men in all spheres, it has become important to provide them a safe environment which is free from discrimination and violence. This is possible in the presence of strict laws against violence and due cooperation of the society. It Is high time that the women are not treated as commodities of use subjected to inhuman brutality but are respected as they stand flesh and bones demanding an equal stature as the other gender. Violance against women is a global issue which has an impact in our society. Such violances has devastating effect on the lives of victims, their famalies and also communities. The worth of a civilization can be judged by the place given to women in the society. One of several factors that justify the greatness of India’s ancient culture is the honorable place granted to women. They were deprived of their rights of equality with men. There is no denying the fact that women in India had not made a considerable progress in the last seventy five years of India Independence but yet they have to struggle against many handicaps and social evils in the male dominated society. In this advanced era of feminism when it’s agenda stresses on key concepts of individuality and embracing women hood, the prevailing scenes of violence against women threatens to topple the pillars on which the entire notion of feminism is based. Wives(Women) are considered as better half and religious partners of their husband which means the half part of a man belong to his wife. A Girl after getting married she changes her Name Title from her father’s princess she turns out to be the savior of a family, she sacrifices her happiness and remain silent, she also try to find her happiness in her new home even after after she needs to suffer. Apart from these there are some peoples who still exists while saying A Girl child is being a burden towards the family so its better to abort the baby it is because there is lack of knowledge that in Today’s world a girl can do everything just she need support and love to care for her effort to overcome. The increasing numbers of rapes includes cases against minors such as the recent case in KATHUA RAPE CASE portrays the brutality the women in the society face characterized by heinous acts that ashamed humanity as a whole. These acts take the form of rapes, harassment, trafficking and numerous other crimes that the pertaining government laws have failed to cease. The cause behind this mainly revolve around patriarchal norms of the society. These norms have internalized the ‘vulnerability’ of women in the society. Women are continued to be treated as inferior by men, completely ignorant of the safeguards the the law provides to women. In such a scenario, the violence against women increases unhindered and worse affected by the patriarchal perception. Therefore it is the need of the hour to subvert the patriarchal regime of the society and kindle the essence of gender equality and respect towards women among the men parallaly the women must be aware of the laws that protect them against violence and encourage them to overcome the social obstacles to raise their voice against violence. The lack of security in this case accounts to the 99% cases of volume that remains unreported. Although the women in the North East are believed to enjoy a safer environment than the rest of India, the records have shown a contradictory outlook. Assam ranks second to Delhi in the higest rate of crimes against women in India with reported cases of rapes, acid attacks , and other forms of abuse. The State of Meghalaya which as a matriarchal society was presumed to be safe against such violence has also reported increasing numbers of cases of violence against women in last decade. This has called for better preventive measures and women empowerment in these regions.
In a society where women thrive to be equal to men in all spheres, it has become important to provide them a safe environment which is free from discrimination and violence. This is possible in the presence of strict laws against violence and due cooperation of the society. It Is high time that the women are not treated as commodities of use subjected to inhuman brutality but are respected as they stand flesh and bones demanding an equal stature as the other gender.

CASE LAW :- The Kathua rape case refers to the ABDUCTION, RAPE, and MURDER of an 8-year-old girl, Asifa Bano, in Rasana village near KATHUA in JAMMU AND KASHMIR in January 2018.
Three main accussed-Sanji Ram, Deepak Khajuria and Parvesh Kumar were found guilty under sections of RBC i.e Ranbir Penal Code hence IPC Indian Penal Code is not applicable in the state of J&K. They has been sentenced with –
• SEC 302 (MURDER),
• SEC 120B (CRIMINAL CONSPIRACY),
• SEC 376D (GANG RAPE)
• SEC 363 (KIDNAPPING) &
• SEC 328( CAUSING HURT BY MEANS OF FEEDING POISION)
CONSTITUTIONAL RIGHTS AND LEGAL RIGHTS
The rights available to woman in India can be classified into two categories.
The Constitutional rights – The constitutional rights are those which are provided in the various provisions of the constitution.
The legal rights- on the other hand, are those which are provided in the various laws (acts) of the Parliament and the State Legislatures.
Where the Constitution had declared that their should be equal respect and status for women than why there is lack of provisions for women. Due to lack of Rule of Law and their enforcement such offences like Rape, Acid Attack, Domestic Violance, Eve Teasing , Prostitution, Dowry Death, Bride Burning etc are still going on and also there is lack of Good Governance which bring a major threat towards the development of our country. Our Country will only develop if we start treating Equally not on Gender-based. The criminals are feeling secure and without any shame they literally use to commit such shameful Act. While being a responsible citizen I being a girl feel unsafe but today I must say the Laws are made for us, to protect us from offences and promote us justice when needed. Their should be strict punishment and death penalty for Rapist The Law is generally served for the two purposes-
1.Protecting Victims from Violance and promoting Justice
2. Preserving the harmony among the citizens.
The United Nations General Assembly has designated November 25 as the International Day for the Elimination of Violence Against Women. The premise of the day is to raise awareness of the fact that women around the world are subject to rape, domestic violence and other forms of violence; furthermore, one of the aims of the day is to highlight that the scale and true nature of the issue is often hidden. For 2014, the official Theme framed by the UN Secretary-General’s campaign UNITE to End Violence against women. Gender-based violence (GBV) or violence against women and girls (VAWG), is a global pandemic that affects 1 in 3 women in their lifetime. The numbers are staggering:
35% of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence.
Globally, 7% of women have been sexually assaulted by someone other than a partner.
Globally, as many as 38% of murders of women are committed by an intimate partner.
200 million women have experienced female genital mutilation/cutting
http://www.worldbank.org/en/topic/socialdevelopment/brief/violence-against-women-and-girls
The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women.
http://www.legalserviceindia.com/laws/women_issues.html.
RESPONDING TO THE VICTIMS / ROLE OF POLICE

The first primary role of an Inspecter is to understand that Everyone is equal and to protect their rights as well as to respect them is their primary objective. Their should be an lady Police Officer to under the needs and privacy of women and the current position she is been suffering . The Police officer should response to the victims politely and should make them feel secure and comfortable .It also also a duty of a Police officer to design a safety plan for the victim as well as for her family. Police are regarded as the frontline of criminal justice system. They are often called upon investigation of the criminals when an act of violence is been committed against the victim. They are confronted by victims, offenders, witnesses and various forms of evidence.

CONSTITUTIONAL PROVISIONS

The Fundamental rights which are enshrined in PART-III of the Constitution of India (Art.12-Art.35) which are applicable to all the citizen residing in India.
Art 21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

CASE LAW :- In Bodhisathwa Gautam v. Subra Chakraborty case The Apex Court held that Rape is a crime against basic human rights and ia also a violative of the victims who cherished of Fundamental Rights, normally the Right to live life contained in Art.21 states women also have the right to life and liberty , they also have the fundamental right to be resepected and treated as equal citizen also they have right to lead an honourable and peaceful life.

CASE LAW:- In Vishakha vs. State of Rajasthan https://en.wikipedia.org/wiki/Vishaka_Guidelines
The Supreme Court passed a landmark judgment in the same Vishaka case laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment.Vishaka Guidelines were stipulated by the Supreme Court of India, in Vishakha and others v State of Rajasthan case in 1997, regarding sexual harassment at workplace. The court stated that these guidelines were to be implemented until legislation is passed to deal with the issue.[1]
The court decided that the consideration of “International Conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein.”

The state is required to ensure that the health and strength of women workers are not abused and that they are not forced by economic necessity to enter avocations unsuited to their strength [Article 39(e)].
The state shall make provision for securing just and humane conditions of work and maternity relief [Article 42]
It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women [Article 51-A(e)].
One-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women [Article 243-D(3)].
One-third of the total number of offices of chairpersons in the Panchayats at each level shall be reserved for women [Article 243-D(4)].
One-third of the total number of seats to be filled by direct election in every Municipality shall be reserved for women [Article 243-T(3)].
The offices of chairpersons in the Municipalities shall be reserved for women in such manner as the State Legislature may provide [Article 243-T(4)].
Legal Rights to Women:
1. Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation to protect women in India from all forms of domestic violence. It also covers women who have been/are in a relationship with the abuser and are subjected to violence of any kind—physical, sexual, mental, verbal or emotional.
KINDS OF DOMESTIC VIOLANCE-

 Dowry Death
 Cruelty AGAINST Women
 Hurt & Grievous Hurt
 Abetment to commit Suicide
 Sexual intercourse during the period of Judicial Separation
 Wrongful confinement

2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention of trafficking for commercial sexual exploitation. In other words, it prevents trafficking in women and girls for the purpose of prostitution as an organised means of living.

3. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any time after the marriage from women.

4. Maternity Benefit Act (1961) regulates the employment of women in certain establishments for certain period before and after child-birth and provides for maternity benefit and certain other benefits.

5. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (1994) prohibits sex selection before or after conception and prevents the misuse of pre-natal diagnostic techniques for sex determination leading to female foeticide.

6. Equal Remuneration Act (1976) provides for payment of equal remuneration to both men and women workers for same work or work of a similar nature. It also prevents discrimination on the ground of sex, against women in recruitment and service conditions.

7. Muslim Women (Protection of Rights on Divorce) Act (1986)protects the rights of Muslim women who have been divorced by or have obtained divorce from their husbands. According to Sec. 2(viii) of The Dissolution of Muslim Marriage Act, 1939 “cruelty” means-
a. Habitually offending the wife or ill treating her
b. Forcing wife to lead immoral life
c. Disposing of wife’s property without her consent
d. Not allowing to practice religious practice

8. Family Courts Act (1984) provides for the establishment of Family Courts for speedy settlement of family disputes.

9. Indian Penal Code (1860) contains provisions to protect Indian women from dowry death, rape, kidnapping, cruelty and other offences.

10. Code of Criminal Procedure (1973) has certain safeguards for women like obligation of a person to maintain his wife, arrest of woman by female police and so on.

11. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain specified grounds. It provided equal rights to Indian man and woman in respect of marriage and divorce. According to Hindu Marriage Act Sec 13(1)(a) defines Cruelty is a legal ground for divorce. Since the term cruelty is not defined in this Act but it is taken to mean an offence which acts of physical as well as mental cruelty.

12. Hindu Succession Act (1956) recognizes the right of women to inherit parental property equally with men.

13. The following other legislation’s also contain certain rights and safeguards for women:
• Employees’ State Insurance Act (1948)
• Plantation Labour Act (1951)
• Bonded Labour System (Abolition) Act (1976)
• Legal Practitioners (Women) Act (1923)
• Indian Succession Act (1925)
• Indian Divorce Act (1869)
• Parsi Marriage and Divorce Act (1936)
• Special Marriage Act (1954)
• Foreign Marriage Act (1969)
• Indian Evidence Act (1872)
• Hindu Adoptions and Maintenance Act (1956).
Sec. 469 IPC : Forgery for purpose of harming reputation
Sec. 499 IPC : Sending defamatory messages by e-mail
Sec. 500 IPC : E-mail abuse
Sec. 503 IPC : Sending threatening messages by e-mail
Sec. 506 IPC : Punishment for criminal intimidation
Sec. 507 IPC : Criminal intimidation by an anonymous communication
CYBER CRIME AND THE INFORMATION TECHNOLOGY ACT(IT)
Section 43 – Penalty and Compensation for damage to computer, computer system, etc
Section 65 – Tampering with Computer Source Documents
Section 67B – Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form
Section 67 – Punishment for publishing or transmitting obscene material in electronic form
Section-66F Cyber Terrorism
Section 66E – Punishment for violation of privacy

1. Dowry deaths
Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry, making women’s homes the most dangerous place for them to be. Dowry deaths are found predominantly in India.
https://en.wikipedia.org/wiki/Dowry_death

2. Acid Attacks (Sec 326A,326B)
Section 326 A in the Indian Penal Code
Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine

Section 326 B in the Indian Penal Code

Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent of partial damage or deformity of burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for aterm which shall not be less than five years, but which may extent to seven years and also be liable to fine.

3. Women trafficking (Sec 370,370A,372,373)
Section 370 in The Indian Penal Code
Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d) transfers, or (e) receives, a person or persons, by—
using threats, or
using force, or any other form of coercion, or
by abduction, or
by practising fraud, or deception, or
by abuse of power, or
by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received,
commits the offence of trafficking.

4. Outraging Modesty of Women (Sec 354 IPC)
Section 354 in The Indian Penal Code
The law under sec.354 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.

5. Protection of Children from Sexual offences (POCSO) Act, 2012, which has come into effect from 14th November, 2012 is a special law to protect children from sexual abuse and exploitation. It provides precise definitions for different forms of sexual abuse, including penetrative and non-penetrative sexual assault, sexual harassment

Sections 326A, 326B, 354, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376B, 376C, 376D and 509 have been amended and inserted by The Criminal Law(Amendment) Act, 2013

JUDGEMENTS RELATED TO WOMEN

1. Victim of rape undergoes traumatic experience with which she has to live for rest of her life – Highly unrealistic to compare cases of rape with offence of murder – In a sense, offence of rape can be said to be graver than that of murder.(Bombay) – https://bit.ly/2WZrbRg
2. Prosecutrix made 529 calls to accused after date of rape and before filing of complaint – Act of making so many repeated calls is not consistent with allegations.(Delhi) – https://bit.ly/2I6XK7j
3. Depriving woman of income – Is economic abuse – Amount to domestic violence.(Bombay) – https://bit.ly/2IbvSzf
4. Unless undisputed evidence is produced by husband clearly establishing that wife is gainfully employed relief of interim maintenance cannot be declined.(Delhi) – https://bit.ly/2F5mrzd