MAJOR VIEWS ON CRIME AGAINST WOMEN

The Author is Vartika Maurya pursuing BA LLB (Hons.) from University of Allahabad.

Introduction 

“ If all men are born free , how is it that all women are

          born slaves ?”

Mary Astel 1663-1731:

              Some Reflection Upon Marriage (1706 ed.)

The world has entered into a new millennium ,but from the dawn of civilization till date, the women of the patriarchal society of India continues to be oppressed and ill-treated . She is dependent, weak, exploited, and faced gender discrimination in every sphere of life. The gender-based violence that threatens the well-being , dignity and rights of women , extends across social, cultural, economic, and regional boundaries .

Crime against women is a Global phenomenon . In spite of all development women are still victims of horrendous crime across the world.

Current Issue

violence against women became political issue in India , soon after the Nirbhaya gang rape case . A young girl brutally gang raped in a moving bus in front of his friend (male) and thrown on the Delhi streets to die . What  followed was a public outrage of dimension country had never witnessed before.

According to World Health Organisation (WHO) report on violence against women , published on 29^th Nov 2017 . One in every three women world wide faces physical and /or sexual abuse from her intimate partner or non- partner at least once in a lifetime . This is 35% of women in the world go through this experience . Some more alarming findings by WHO report is globally almost 38% murders of women are committed by their intimate partners .

Such violence is often seen as a mechanism for the subjugation of women , whether in society in general or in an interpersonal relationship . Such violence may arise from a sense of entitlement ,  superiority ,misogyny, or so called male ego.

Types of crime:

 1.   Domestic Violence

 Home sweet home is a place that imperils lives breeds some of the most drastic forms of violence perpetrated against girls and women by their family members. Such acts mentioned in the Constitution of India are:

·       Dowry Deaths (section 304 IPC)

·       Cruelty by Husband and relatives (section 498 IPC)

·       Assault on women with intention to outrage her Modesty (section 354 IPC) .

The Protection Of Women From Domestic Violence Act (PWDVA) 2005 , defines domestic violence as any act , omission, or commission or conduct of the respondent , which includes threat or actual abuse .

The International Centre for Research On Women (ICRW) in multiple centres in India reported that 85% of men admit they had indulged in violent behaviour against their wives at least once in last 12 months .

2.  Sexual Harassment at Workplace

Eve-Teasing

Vishaka and others vs. State of Rajasthan (AIR 1997 SC 3011)  is a case which deals with the evil sexual harassment of a women at her workplace . Sexual harassment means an uninvited/unwelcome sexual favours or sexual gestures from one gender towards the other gender. It makes the person feel humiliated, offended  and insulted to whom it is been done. Such acts mentioned in Constitution of India are-

·       Dignity of Women (section 294)

·       Insult to the Modesty of Women (section 509)

Sexual Harassment of Women at Workplace (Prevention , Prohibition and Redressal) Act 2003 is  enacted in India which provide protection to  women from sexual harassment at their place of work .

3.   Rape

 Rape can be defined as omission and commission of sexual intercourse without the permission or against the will of any individual . Consensual sex given on the false promise of marriage constitutes to commit crime of  rape. Sex against the will of spouse also includes act of rape.

A rape victim never receives respect in society she was raped by police officers by not writing First Information Report, have raped by doctors at the time of medical examination , even raped by the eyes of so called society. Victims more suffer than accused if society treats victims like this.

Former SC Justice Arjit Pasayat  says “While a murderer destroy the physical frame of the victim on the other hand the rapist defiles the soul of a helpless female.”

·       Rape (section 376 IPC)

·       Kidnapping And Abduction (section 363, 364 366 IPC)

A person commits rape , shall be punished with rigorous imprisonment of either description for a term which (shall not be less than ten years but which may extend to imprisonment for life and  also be punished with fine) .

Some cases have found false allegation

Protection of Children Against Sexual Offence (POCSO) Act have been enacted as part of the child protection policies in India .

4. Acid Attack

Acid attack is a form of violent assault which is defined as the act of throwing acid intentionally on the body or threaten to do so or   another disfigure , maim , torture or kill.  

·       Acid attack (section 326 IPC)

In the case of Laxmi vs. Union of India , Supreme Court passes an order to put ban on selling of acid  in shops , in this case for the first time compensation was given to the  victim .

The Prevention and Rehabilitation of Acid Attack Victims Bill, 2017 was an legislative act that seeks to provide for prevention of acid attacks by surveillance over sale , supply and use of acid or other measures and rehabilitation of women victims of acid attacks and other matters connected with this.

5.   Other Crimes

Some of the other forms of violence perpetrated by individual are Reproductive Coercion , Female violence Infanticides, Prenatal sex selection , Obstetric Violence and Mob Violence, economic exploitation, as well as harmful customary or traditional practices such as Honour Killing , Forced Pregnancy and Early Marriage etc.

 Conclusion

Violence and crime against women is a global phenomenon it requires urgent attention . Every woman is entitled to a fear free and respectable life. And its our responsibility to create such a society where a woman is able to live with dignity and respect and required social and economic freedom to women to resist such acts and building a society where men respect women. Society should change their mind setup and must support women who undergoes any such condition.

But this not means that they have right to claim fake allegation and disobey law. “Society is so busy to teaching boys how to respect girls as we are completely forgotten to teach girls how to respect boys.” So we should not considered every boy as devil and every girl victim.