CRIME AGAINST WOMEN
Updated: Nov 11, 2020
K. Subha Lakshmi, III year of B.A.,LL.B.
India is a country which is known for its beautiful culture and traditions. In India, women are respected as goddesses. They are given in the place of goddess Lakshmi in the culture of India. But by seeing the last few years’ crimes history, it is explicitly visible that crimes against women are increasing day by day. Nowadays, the safety and security of women are at a danger point. Crime against women in India is increasing minute by minute. Every day in today's India a single woman, a girl child, a young girl, a mother and women, from all walks of life, are being assaulted, molested and violated on streets, public transports, public places etc., Almost all parts of the world became the territory of the hunters. The crimes against women are rape, dowry, deaths, sexual harassment at home or workplace, kidnapping and abduction, cruelty by husband relatives, assault on a woman, child and sex, trafficking, attack, child marriages and many more. Unless the people’s mind-set towards a woman does not change then a woman’s freedom is at risk. The present article attempts to study and discuss various forms and dimensions of crimes against women, to study various legal and constitutional provisions for women rights, to familiarise the general laws that every woman should know and also suggest some remedial measures to be adopted for ending the violence against women. From my point of view, Crime against women is one of the biggest violence to be measured.
TYPES OF VIOLENCE AGAINST WOMEN
The following are various types of violence against women
· Domestic Violence.
· Sexual Violence.
· Physical violence.
· Cultural violence.
· Religious violence.
· Socio-economic violence.
· Family violence.
The following Chart shows various forms of crime against women
Domestic violence is violence committed by someone that maybe their spouse or relatives or friends. This often occurs between married spouses or in other intimate relationships but refers to any family members. It is known as the established form of control and fear in a relationship through violence and other forms of abuse. This violence may be in the forms of physical abuse, sexual assault and threats. Children in homes are also abused by domestic violence. Domestic violence is a crime.
FORMS OF DOMESTIC VIOLENCE
The following are some of the forms of domestic violence prevailing in almost all parts of the world in varying degrees.
a) Physical Assault or injury
b) Psychological or Emotional Abuse
c) Social Abuse
d) Financial Abuse
e) Sexual Assault (sexual abuse, forced sexual activity).
CASES REGARDING DOMESTIC VIOLENCE
Pawan Kumar vs. State of Haryana[i]
Vanka Radhananohari vs. Orilal Jaiswal & anr[ii]
Sharad B. Sarda vs. State Of Maharashtra[iii]
Hem Chand vs. State of Haryana[iv]
State (Delhi Administration) vs. Laxman Kumar And Ors[v]
Sexual violence is a sexual act by a man upon a woman or a girl child without her consent.
FORMS OF SEXUAL VIOLENCE
2. SEXUAL HARASSMENT
4. ELDERLY SEXUAL ASSAULT
5. CHILD SEXUAL ABUSE
CASES REGARDING SEXUAL VIOLENCE
a) Mathura Rape case[vi]
b) Shankar Kisanrao Khade vs. State of Maharashtra[vii] (This was a case of rape and murder of a young girl of about 18 years).
c) Akhtar vs. State of U.P[viii]
d) Manjit Singh vs. State Of Punjab[ix]
e) Amit vs. State of U.P[x]
f) Imtiyaz Ahmad vs. State of U.P[xi]
g) Nirbhaya Case[xii]
h) Kathua Case[xiii]
i) Priyanka Reddy Case
THE LAWS FOR RAPE IN INDIA
Bhanwari Devi is a good example of the judicial pronouncements in rape cases where the judge has remarked that the victim could not have been raped since she was Dalit while the accused hailed from an upper caste which would not stop to a sexual relationship with a Dalit.
Dowry is defined under section 2 of the Dowry Prohibition Act, 1961 “dowry” means any property or valuable thing provided by one spouse to the other spouse either directly or indirectly to the marriage
Section 304B of the IPC deals with Dowry Death according to this section any burns or bodily injury to a woman which leads to death within seven years of her marriage or if it was founded that her death was caused by cruelty or harassment by her husband or any relative.
OFFENCES RELATED TO DOWRY
There are four main situations when married women in subject to cruelty and harassment:
1. Cruelty of women by husband or relatives is defined in section 498A, of Indian Penal Code.
2. Dowry Death 304B, IPC.
3. Intentional Death of women -302, IPC.
4. Abetment of suicide women is defined under section 306, IPC.
CASES RELATED TO DOWRY DEATH
a) Ashok Kumar vs. State of Haryana[xiv]
b) Venugopal vs. State of Karnataka[xv]
In this case, the appellant-husband was held liable for dowry death under section 304B, IPC for creating a situation whereby the wife committed suicide within two years of marriage. In this case, the demand for dowry leads to ill-treatment, harassment and torture of the husband soon before her death, led her to take the extreme death of ending life.
Before Birth: There as many as 5 million girls in India are aborted by sex-selective abortion. If her mother is beaten, the unborn child can be harmed in the womb, born underweight, miscarried or stillborn.
In Girlhood: A girl suffers a lot in physical, sexual, or psychological abuse at the hands of her elders.
In Adolescence: In this age, the girl is married and pregnant before she is physically and emotionally ready.
As a wife: The women are likely that she is battered in the home. In a UNICEF review of 21 studies of violence in South Asia, over 70% of women in India have reported that they were physically abused by their husbands.
Throughout her life: Depression and suicide are two predictable outcomes from a life endured under these conditions.
RIGHTS OF WOMEN IN THE CONSTITUTION OF INDIA
1. Article 15(1) provides that the state shall not discriminate against any citizen of Indian on the ground of sex.
2. Article 15(3) provides that the state is empowered to make any special provision for women.
3. Article 243-D (3) this article says that one-third of total seats can be filled by direct election every Panchayat is reserved for women.
4. Article 243-D (4) in this one-third of the total number of offices are reserved for women in the direction in every municipality.
5. Article 243-T (4) this provides reserved offices for women as chairperson in the municipalities.
GENERAL LAWS EVERY WOMAN SHOULD KNOW
a) Right to Free Aid.
b) Right to Privacy.
c) Right to Zero FIR.
d) Right to No Arrest.
Section 160 of the Criminal Procedure Code says women cannot be called to the police station for interrogation. This act says police can interrogate a woman at her residence in the presence of a women constable and family members or friends.
LAWS TO PREVENT WOMEN FROM VIOLENCE
The following are some of the legal codes available in the Indian Penal Code for safeguarding the women against women.
1. Section 354A of IPC provides for sexual harassment and punishment for sexual harassment.
2. Section354B provides for assault or criminal force of women with intent to disrobe.
3. Section 354C for Voyeurism.
4. Section 354D for Stalking.
5. Section 304 B if the death of a woman within seven years of her marriage which is caused by dowry death then the responsible person is punished under this section.
6. Section 498A says when the husband or his family subjects’ woman to cruelty (intentional behaviour that causes serious injury or harassment for dowry) is convicted under in this section.
7. Section 375 defines rape.
8. Section 376 gives punishment for rape.
9. Section 376D defines gang rape and its punishment.
10. Section 294 gives the punishment for obscene acts or words in public.
11. Section354 gives the punishment for an act which is done with the intent to outrage her modesty.
Every civilized society which wants to attain multidimensional development should necessarily believe in the equality for women. Elimination of violence against women is the first step towards attaining development. To eliminate all the violence against women, the presented article believes that there are some measures to be taken both the Government and by the Society. They are as follows:
All men have to take part in making a positive hand for ending violence against women.
There must not be any excuse given to offences done against women.
Male members of society should be taught about gender justice, women rights, morality towards women, etc.,
Female members should be taught with martial arts for self-defence to safeguard themselves in times of need
Women are having the power to change the world. A strong woman wears their pain like they do stilettos. The prevention, elimination and reduction of women again violence must be done by understanding and anticipating the gender impacts of various political and economic policies and forces. And the major treatment and prevention interventions, such as child maltreatment systems, casework, protective orders, and health care the victims of domestic violence, battered women’s shelters, elder abuse interventions, of all the types, have not been the subjects of rigorous evaluation studies. All the men and boys should respect girls and women in schools, in colleges, in workplaces, places of worships, at home and the streets.
[i] (1998) 3 SCC 309 [ii] (1994) SCC 73 [iii] (1984) 4 SCC 116 [iv] (1997) 11 SCC 552 [v] 1986 AIR 250 [vi] 1979AIR 185 [vii] (2013) 5 SCC 546 [viii] 1999 (2) ALT Cri 342 [ix] 2001 (1) SCT 802 [x] (2012) 4 SCC 107 [xi] (2017) 1 LW 481 [xii] (2017) 6 SCC 1 [xiii] Writ Petition (Criminal) No. 85/2018 [xiv] 2007 (24) CRIMINALCC 722 [xv] (1999) 2 SCC 216