Critical Analysis of Crime Against Women in India

Dr. Mridul Srivastava

Assistant Registrar and Faculty in Criminology in Dr. Ram Manohar Lohiya National Law University, Lucknow

A society that is unable to respect, protect and nurture its women and children loses its moral
moorings and runs adrift. (The Hindu- Opinion Sept, 15 2012 )

Introduction
Centuries have come, and centuries have gone, but the plight of women is not likely to change. Time
has helplessly watched women suffering in the form of discrimination, oppression, exploitation,
degradation, aggression, humiliation. In Indian society, woman occupies a vital position and venerable
place. The Vedas glorified women as the mother, the creator, one who gives life and worshipped her as
a Devi' or Goddess. But their glorification was rather mythical for at the same time, in India women
found herself totally suppressed and subjugated in a patriarchal society. Indian women through the
countries remained subjugated and oppressed because society believed in clinging on to orthodox
beliefs for the brunt of violencedomestic as well as public, Physical, emotional and mental. Male
violence against women is worldwide phenomenon. Fear of violence is an important factor in the lives
of most women. Fear of violence is the cause of lack of participation in every sphere of life. There are
various forms of crime against women. Sometimes it is even before birth, some times in the adulthood
and other phrases of life. In the Indian society, position of women is always perceived in relation to the
man. This perception has given birth to various customs and practices. Violence against women both
inside and outside of their home has been a crucial issue in the contemporary Indian society. Women
in India constitute near about half of its population and most of them are grinding under the sociocultural and religious structures. One gender has been controlling the space of the India 's social
economic, political and religious fabric since time immemorial. The present work felt the need that in
the era of globalization and modernization the present trends of crimes against women is on increase.
Recently the brutal gang rape against 23 year student in Delhi again sparked the debate on Indian
mental set up and existing law and order in the Country.
Various legislation for safeguarding the women
There are various legislation has been incorporated regarding the safeguarding of the women. Various
Legislation for safeguarding crime against women, classified under two categories:
The Crime under Indian Penal Code (IPC)
i.
ii.
iii.
iv.
v.
vi.

Rape (Section 376 IPC)

Kidnapping and abduction for specified purpose (Section 363-373 IPC)
Homicide for dowry, Dowry death or their attempts. (Sec. 302/304-B IPC)
Torture both mental and physical (Sec.498-A IPC)
Sexual Harassment (Sec. 509 IPC)
Importation of girls (Up to 21 years of age ) (Sec. 366-B IPC)

1. The Crimes under the Special and local Laws (SLL)- Gender specific laws
i. Immoral Traffic (Prevention) Act, 1956.
ii. Dowry Prohibition Act, 1961
iii. Indecent Representation of Women (Prohibition) Act, 1986.

iv. Commission of Sati (Prevention) Act, 1987.

Social science research that explores problems of crime and justice calls upon a range of theoretical
perspectives, attributing the causation of illegal behavior to various individual, social, environmental
and even political factors. A review of the literature on violence against women reveals two
predominant theoretical approaches. One body of literature advances arguments of feminist scholars
who explains violence against women as the expression of gender inequality in the private sphere that
parallels larger patterns in the public sphere. Another cluster of theoretical approaches draws heavily
on the psychologically-based learning theories which attribute violence to observation/exposure during
childhood which leads to an intergenerational pattern of interpersonal abuse in certain households.
While not completely distinct from one another, these two theoretical approaches frame divergent
intervention strategies and policy implications.
In brief, the following measures may be suggested for reducing womens depersonalization trauma:
Legal literacy of women by creating awareness of rights among women through media, Published
literature and voluntary agencies.
Judicial activism, i.e., giving liberal and creative interpretation of law than literal or
technical interpretation.
Constant monitoring of Justice and examining impact of legislation.
Monitoring rescue homes.
Strengthening free legal aid societies.
Effective functioning of family courts and family counseling services etc
The term "violence against women means any act of gender-based violence that results in, or is likely
to result in, physical, sexual or psychological harm or suffering to women, including threats of such
acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.
Accordingly, violence against women encompasses but is not limited to the following1:
a) Physical, sexual and psychological violence occurring in the family, including battering, sexual
abuse of female children in the household, dowry-related violence, marital rape, female genital
mutilation and other traditional practices harmful to women, non-spousal violence and violence related
to exploitation;
b) Physical, sexual and psychological violence occurring within the general community, including
rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and
elsewhere, trafficking in women and forced prostitution;
c) Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it
occurs.
In summary, a review of the research on the prevalence and incidence of violence against women tells
us that:
Violence against women is widespread, affecting women of any age, class, race, religion, sexuality,
or ability
Women are most at risk from men they know
Factors which may increase womens vulnerability to some types of violence include age, disability,
and poverty
When asked, significant numbers of women describe patterns of abusive behaviour and repeat
victimisation, rather than discrete assaults
Women experience violence at different points in their lives, and significant numbers of women
experience more than one type of violence

 Surveys which address violence against women in all its forms may yield more information than
single issue surveys about the meaning and impact of violence in womens lives
Few studies have been designed specifically to record the experiences of marginalised groups of
women
Violence in general is a coercive mechanism to assert one's will over another, in order prove or feel a
sense of power. It can be perpetrated by those in power against the powerless, or by the powerless in
retaliation which attempts to deny their powerlessness. Any hierarchical social system has an in-built
gradation of domination and subordination, as well as institutionalized violence and victimization. This
is perpetuated by various means subtle pressure through the power of ideology, the mechanism of
internalized social norms, and the system of social sanctions which penalizes non-compliance. Often
the threat of violence is enough for exerting power, while sometimes an atmosphere of terror is created
towards the same end. Thus, the problem of defining violence is complex. For the purposes of this
study, violence is defined as physical violence, threats, physical and mental harassment ~ in brief, all
open and overt expressions of coercion.
There are forms of violence which are directed specifically against women ~ rape, sexual harassment,
sexual exploitation as in prostitution, sexual debasement as in pornography, domestic violence ranging
from battery to torture and even death. All these spring from the structure of patriarchy, defined
broadly as a system of male dominance legitimated within the family and society through superior
rights, privileges, authority and power. The degree and forms of expression of patriarchy vary from
society to society. But the process of subordination is generally achieved by devaluing women's
contribution, while at the same time extracting a significant contribution from them. A second process
occurs through a powerful ideology of rigidly assigned roles for women, which act as boundaries for
all their actions boundaries which can be overstepped at their own peril. The most potent and
restrictive injunction is the virtual debarment of women in public places or places typically designated
as the male sphere. Further, sexual morality has double standards for men and women, the latter being
subjected to strict norms. The following accounts of violence against women poignantly illustrate the
conjunction of all these processes, and also bring out the cultural specificity of some types of violence.
Finally, they underscore the inadequacy, ineffectiveness and unwillingness of the State machinery to
curb violence against women. The problems of methodology are important in this connection because
the interpretation of violence is not free from subjective factors. It is relative to the social structure and
social change - as in the case of physical chastisement of children by parents or corporal punishment of
children in schools, which was accepted as desirable and legitimate at one time but is perceived as
cruel in contemporary society. Nonetheless, a purely relativist notion of violence must be rejected in
favour of some objective norm, compatible with the current democratic and humanistic values.
Violence against women, then, has to be seen in the context of the Indian society in transition which
has committed itself to the values of equality and justice, but which is unable to make the dominant
socio-economic segments and the male population relinquish their traditionally held rights and power
over the weaker segments and women. In many spheres of life, such as marriage customs, occupations,
norms of everyday social behaviour, there is a cultural lag, and even a backlash when the hitherto
powerless groups seek to demand their newly available rights. Violence thus becomes both a symptom
and a cause of social tensions. Secondly, the question as to whether violence against women is really
increasing, or whether a false impression of greater incidence is created because it is being reported to
a greater degree than before, is a debatable one. There is reason to believe that there is an increase in
both incidence and reporting. The increased incidence can be inferred from the fact that some types of
violent crimes are relatively new, as for example the burning of brides for not fulfilling of exorbitant
dowry demands, and the use of the new clinical sex selection tests for female foeticide. At the same
time, it must be emphasized that in spite of increased reporting and awareness, the proportion of
reported crimes to total crimes remains very low. This is true of crimes such as rape or forced
prostitution which stigmatize the victim, as also of domestic violence which is considered to be an

internal family affair and a matter of family honour. The general tendency of women, thus, is to avoid
reporting incidents of violence against them; in addition, pressure is often brought upon them to
remain quiet.
Violence including 'dowry deaths', rape, widow immolation (sati), child marriage, female infanticide
and foeticide, forced prostitution including temple prostitution, 'eve-teasing,' sexual harassment in
public places by lewd remarks, pinching, pawing, etc., and pornography. The three types of violence
which are culture specific to India are sati, deaths related to dowry demands, and the use of sex
determination tests for female foeticide. Domestic violence is usually perpetrated on young married
women in their affinal homes. It takes many forms ~ beating, torture, verbal abuse, starving, lockingup, imposing excessive work burden, denying money for basic household expenses, sexual abuse, etc.
Quite often, it results in murder, but equally or more often in driving the woman to suicide. Many
cases of murder are camouflaged as suicide. In a majority of the cases, husbands and in-laws are
implicated. The reasons are many suspicion about the wife's fidelity, her childlessness or not
bearing a son, disputes about household matters, wife's p/otests about husband's alcoholism, husband's
infatuation with another woman, etc. Complaints in these cases are rarely registered; if registered, the
culprits are rarely apprehended; if apprehended, they are rarely brought to court; and if brought to
court, they are rarely convicted. The rare cases of the culprits being brought to trial are the result of
social action groups and women's groups publicizing the case so that public pressure is exerted.
As many analysts point out, it is the subordinate position of the daughter-in-law and the wife in the
affinal home which induces such oppression. In addition, the unwillingness of the parents to receive
the daughter back in their home lends strength to the husband and inlaws to perpetrate violence.
According to the social mores, a broken marriage is a matter of shame. Also, when a bride's parents
have spent a lot of money on the marriage, they have a vested interest in seeing that a break up does
not occur. The children of a broken marriage pose another problem a young mother is unwilling to
leave her husband's home without her children, and the husband's family refuses to part with "the
children, especially if they are male. Again, a separated or divorced woman bears a stigma and
becomes a liability, especially if she lacks the qualifications and ability to earn a living (which is often
the case, given the low priority for girls' education).
Until recently, domestic violence was not regarded as a crime, and women victims had no legal redress
except through divorce proceedings. It is only recently that amendments to the Indian Penal Code
(IPC) and Criminal Procedure Code (CrPC) made the requisite provisions, but these were mainly
applied in cases treated as dowry deaths.
Dowry death is a new term in criminology in India, and implies the death (by murder or suicide) of a
young bride who is harassed by her husband and in-laws by making exorbitant and ever-increasing
demands for money and for household articles to be brought from her parents' house or at their
expense. The phenomenon of demanding dowry has filtered down to the poorer sections of society.
Some see this as a result of the devaluation of women. As women become housewives instead of
earners or producers, they are considered to be economic parasites. Lack of property rights to women
is a contributory factor. Rising consumerism on the part of the bridegroom and his parents is also a
reason. But the basic flaw lies in the structure of the Indian family and the pattern of marriage.
Marriages are universal and early, and an unmarried girl is a blot on her parents' reputation. Marriages are arranged
by the parents and are more in the nature of a family alliance than a relationship between two
individuals. The pressure to arrange a match within the same caste is therefore great. The relationship
between the bride-giver and the bride-taker is unequal, with the latter having a higher status and more
privileges. Given these conditions, a man's increasing need for improving his social and economic
status takes the form of extraction from his bride's parents. The Dowry Prohibition Act and their
subsequent amendments have been notoriously ineffective, with hardly any convictions.

Rape is a common crime against women all over the world. It is grossly underreported because of the
stigma attached to the victim. Even when reported, the culprit is rarely apprehended; and if he is ever
brought to trial, attempts are made to exonerate him by casting aspersions on the woman's moral
character. The high risk categories are young girls (including minor girls) in squatter settlements.
Another major category is that of low caste and tribal women who are molested when their community
launches a struggle for its rights. Rape is used in these cases as a form of retaliation and backlash
against the community in question. Women belonging to religious and other minority communities
also become victims during communal riots. The army and various paramilitary forces have been
offenders in politically sensitive areas. The victimization of women during riots is common. In rare but
much publicized cases, middle class women have been victimized for political vendetta.
Widow immolation (sati), that is, the burning alive of a widow on the funeral pyre of her dead
husband, was an ancient practice in specific caste communities in some parts of India (Thapar, 1988),
and it was legally abolished by the British Government. However, several cases have been discovered
in the State of Rajasthan after Indian Independence in 1947. The
most traumatic and widely publicized case was the immolation of a young widow, Roop Kanwar, in
Rajasthan in 1989. It was made into a spectacular ceremony by her in-laws and the local priests, and
watched by thousands of people, while the police and the Government did not even attempt to
intervene. Its defence as a part of the Rajput religious tradition shows the intensification of ideology
and its vocal and sustained articulation to perpetuate a custom of extreme violence to women. Feminist
groups mounted protests against this unholy alliance
between religion, patriarchy, and politics. After continued public pressure, the government passed a
law making the glorification of sati an offence, for which the woman attempting to commit it as well
as the abettors are punishable. Once again, the law seeks to punish the victim.
Child marriage has been the Hindu practice for centuries, and the lower age limit at marriage, set at
18 years by the Child Marriage Restraint Act, is often flouted. The physical
injury to girls due to early consummation of marriage and early pregnancies can be fatal, while the
emotional strain of domestic responsibilities at an immature age compounds the problem Female
infanticide and female foeticide are common phenomena in societies which place a high premium on
male children. Both are done clandestinely and are rarely brought to light, except in small pockets
where the scale of female infanticide is discovered to be high.
The use or misuse of amniocentesis to detect the sex of the foetus, and to abort it if female, is a
relatively new but rapidly spreading phenomenon. Due to pressure from voluntary groups in Bombay,
the Maharashtra Regulation of Prenatal Diagnostic Technique Act was passed in 1988, but its
implementation has been indifferent and no convictions are made. Besides, the Act has become a
mockery in that 4 out of the 16 authorized centres for conducting the test belong to doctors who
propagated the test. Legislation by the Union Government was on the anvil and a provisional bill was
drafted, but had many loopholes and
also made the women undergoing the test equally guilty along with those performing the test ~ when it
is well-known that the expectant mothers are usually forced by the in-laws to get the test as well as the
abortion done.
Prostitution has registered an alarming increase. It is a highly organized crime which takes place
despite the Prevention of Immoral Traffic in Women Act. According to the provisions of the Act, the
woman who solicits is liable to prosecution, but the abettors of brothels the pimps, male customers,
corrupt policemen are able to escape. Poverty in rural areas makes women and girls easy victims of
the prostitution racket, and their condition is pitiable. But the women rescued from brothels and sent to
their families face rejection, while their fate in rescue homes is also quite bad.

One variation of prostitution is the dedication of girls as 'Devadasis' to specific deities in temples ostensibly to serve God, but in reality to be sexually exploited by men. The border area between
Maharashtra and Karnataka is notorious for this practice. An Act abolishing the custom was passed in
Karnataka, but its incidence has increased across the border, as a result.
Eve-teasing is sexual harassment of women in crowded public places, common in large cities as well
as in villages. It is a minor offence, usually punishable by a small fine and one day's imprisonment.
Until recently, the police did not register any complaints of this type, and even now the authorities
seem to be unaware that there is a special department to handle such cases.
Pornography remains difficult to deal with, because obscenity is not easy to define. The AntiObscenity Act is problematic for women, because liberty of expression is advanced as a defence. Some
vocal women's groups were inducted by the government in monitoring films, but were promptly
dissociated when they criticized official apathy. Violence against women requires a multi-pronged
effort. It requires raising the awareness of women regarding their rights, but more importantly,
providing a strong support system for women in distress. At present, there are several women's
organizations in large cities like Bombay, which provide temporary shelter, moral support, legal aid,
assistance in getting jobs, etc. There are also the traditional organizations which provide rescue homes
for women, but which usually do not emphasize economic self-reliance for women. A trend has,
however, started for running training programmes, legal literacy classes, etc. Such support centres are
too few to handle the large number of victimized women. Education through the mass media, schools,
and informal groups must emphasize the rights of women, and simultaneously reorient boys and men
to their responsibilities and their obligation to treat women as equals. These will not change society
overnight. Providing independent means of livelihood for women, playing down the notion of
marriage as the only destiny for women, and equalizing power relations in the hierarchical family
structure have to accompany other efforts. Sensitization of the police, government officials and the
judiciary will need to be done. The recently set up National Commission on Women can, if given
enough powers and autonomy, go a long way in restoring confidence in the State. None of these will
be of any effect unless there is peace in society. War and political disturbances are not an environment
where democracy and civilized behaviour can be nourished.
Crime against Women: Causes and Compulsions
Crime against women is as old as civilization and equally ancient are the efforts to combat and arrest
them. 'these efforts have not succeeded and crimes are still maintaining their upward trend. When the
whole world awakening to call of enlightened feminism. India Still wallows in the crime of primordial
misogyny. in many parts of our country, women are still considered to be a burdensome appendage.
She is an economic drain. She must be exploited or dispensed with as a non-person because she
crushes her family with marriage and dowry expenses. Her birth in many parts of the country is
greeted. with silence, even sorrow, in contrast, a boy arrives to the sound of joyous conch shells.
Discrimination begins at birth, or even before it and continues till she is dead. Comprehensive studies
conducted by UNICEF as well as Indian Social Scientists reveal an organised pattern of discrimination
against women.2
Women have been subjected to socio-economic and cultural deprivations for such a long time that
there is a general indifference and lack of awareness for crimes against them. Crimes like murder,
dacoity, robbery etc are condemned, but crimes against women are justified and condoned-even by the
women themselves. Women are reared in an atmosphere, which slowly and positively helps in the
development of a feeling of inferiority; they become used to the institutional legitimating of their low
status and find nothing wrong in some of the crimes that are committed against them.This attitude can
be attributed to three factors : (i) a lack of awareness of the seriousness of the problem,(ii) the general
acceptance of men's superiority over women, and the (iii)denial of violence by the women themselves

due to their cultural conditioning and social attitudes. A combination of certain factors work which
stimulate and supplement each other in commission of crime e.g. hyper sexuality of a person by itself
may not lead him to crime, unless there is something more, biz. The presence of a submissive and
lonely lady who seems to be seducing him, then it would be like a match applied to gun powder.
Likewise an environment of an undesirable type would not in itself be responsible for the causation of
crime but the crime may be caused if there is a person, who by some weakness of mind or lack of
organization of personality traits is susceptible to such environment social, economic, cultural,
biological and legal factors are the root cause for the rising crimes against women.
(A) There are various social causes of crime against women some of them are like as under:
Inferior status of women due to social conditioning.
Patriarchal structure of society.
Unwholesome family atmosphere
Lack of proper training
Broken homes.
Over crowding in one room.
Too much interference by the parents.
Too stick a discipline.
Lack of love of parents.
Drunkenness
Immorality
Cruelty
Addiction to drugs.
Sickness and modern permissive atmosphere etc.
Excessive punishment to a child that lead him to anti - social activity. (A) (i) Man occupies a superior
status and the woman is merely his appendage in the Indian society A woman is never an entity in her
own right, she is "first the daughter, next the wife and last the mother of a man" Men are consciously
taught to be aggressive and tough while women are conditioned to be submissive and docile. The
constitution and the protective laws assert justice and equality to be the goals but the given concepts
and shared understanding assign different kinds of resources, opportunities and expectations to the two
genders, each of which is sought to be governed by own distinct code of fairness and justice . This
concept of equality and justice results in gross injustice to the women and is the cause of. their
exploitation and their low social status.
Famous case of Indu Jain is an apt example. Her paramour had murdered her two innocent children in
the most ghastly manner. She was arrested on mere suspicion of her complicity in the crime but when
people heard about her arrest they forgot all about the main culprit and commented knowingly, even
without having ever heard of indu jain. "She was a woman of loose moral character because she had a
boy friend, she must have been a party to the crime. She must he hanged by the feet. She must have
planned the murder, she must be punished etc." No said such things about the paramour. All this was
focused on Indu because she was a woman. A similar case had taken place about a decade back when
Dr. Jain a renowned eye surgeon had got his wife murdered through hired assassins in order to marry
his private secretary. The case went to the court but when the Judge announced the sentence against
the doctor, the people were stunned, they did not expect it. They expressed their sorrow "by sentencing
Dr. Jain, the court has deprived us the services of a renowned doctor...........". His heinous crime was
conveniently forgotten. In 1987 when an 18 years old girl was publicly burnt alive in Deorala
thousands of people rejoiced. They were proud it was sat that made her sati, she has brought honour to
community.' This was the attitude and expression not only of illiterate villagers but educated people
like advocates, doctors and members of the elected bodies those who denounced the act were
characterized as a bunch of westernized Indians alienated and out of touch with Indian realty. The
heinous crime of murder was condoned in the name of tradition by the ostensibly liberal and

progressive elites.
In Harayana, in 1991 two women sillo and kori were, scythed to death by their own brothers. The
locals watched in silent approval, there was no sign of repentance. If anything they were only
glorifying the heinous crime and the killers for having accepted the murder. In their view the brothers
had upheld the honour of the village. Sillo was a widow while kori had deserted her husband because
he had tried to kill her but fortunately she was able to save herself. What really irked the villagers was
the fact that the two women did not bother about their adverse comments. They remained composed
and continued to work independently.The killers have been sent to jail but the collective conscience of
the village remains unmoved. People still blame the widowed mother for giving birth to such
shameless daughters and permitting them to live with her in the village. Laws or no laws the helpless
widow had no option but to leave the village if she wanted to live in peace.3 The above examples
shows dominating character of male in Indian Society. Discrimination against girls starts the moment a
child is born and continues to be maintained and reinforced through the process of differential
socialization throughout her life. Sex role distinctions are evident in terms of occupation and
education. It makes every woman convinced about her subordinate status.
Discrimination against girls is also apparent in other sphere also. Dowry is demanded in marriage
because it is considered to be the traditional right of the boys family. It is sanctioned by custom so it
should not be resisted. If the boy goes to prostitutes then the wife must be at fault is not being able to
satisfy him. If he had become alcoholic even before marriage then also it was the duty of the wife to
have weaned him away from drinks with her love and care. Thus, women can always be proved to be
at fault by a convoluted logic and crimes can be committed against them with impunity. These crimes
are committed against by there owns and not by criminals. So, it becomes difficult to combat them.
Moreover, they are mostly one sided i.e., without any provocation from the victims. They do not
depend on any quality of the victim or lack of it, but other factors which are beyond her control e.g.
avarice is the reason for dowry deaths. It is immaterial how much dowry was given or how rich is the
husband's family. Suspicion is the main reason of cruelty against the wife though it may be totally
baseless.
The thinking of the society towards the crime against women is different with that of law, law have
declared these crimes as deviant act. Whenever a crime against a woman is committed the judgment is
predetermined "The woman must be at fault" The society will always have an excuse to blame the
woman and set free the man The argument put forward show social tolerance of crimes against
women, We have accustomed of seeing the committing of these crime by man that we are not alarmed.
Eve teasing and sexual harassment are considered trivial acts. Society has become so used to these
crimes, hence no importance is given to it.
Due to the, social pressure of Globalization, urbanization, demonstration of money power, changing
ethics of success and geographical mobility, we are witnessing the radical changes in the traditional
Indian values. These factors have so much effected that resulted in such moral and psychological
environment which is highly criminogenic. Joint family which provides an emotional safety and gave
physical support to all its members are disintegrating. Joint family exercise informal control over its
members and played an important role in teaching children basic values like truth honesty tolerance
and concern for others, etc . It was world in itself where everyone had a place. Each member found an
appreciative audience with in the family though he may have been out of place in the world without. It
offered warmth and intimacy to its members. and provided them with an identity. There was no sense
of alienation. Kinsfolk and neighbors gave the individual continuous moral support throughout his life.
In this period of Globalization, scenario of the life has changed. Economic necessities have made
work for both men and women, a compelling necessity people have forget the principle of simple
living and high thinking. They want more out of life, a flat, a coloured TV and a Maruti, and other

luxurious items. This situation results in many problems. Nuclear families are characterized by
working parents who are treading a light rope between home and work. The domestic household is
isolated. There is- no mother -in - law or sister in law to manage the children when the wife goes Out
to work. The family looks inward upon itself, there is an intensification of emotional stress between
the husband and the wife and parents and children. The strain is more than most of us can bear.
Thrown back almost entirely on its own resources the nuclear family becomes like an overloaded
electrical circuit. The demand made upon it are too great and the fuses blow. The result is tension,
indiscipline, conflict and frustration which shows itself in the behavioral pattern of the members and
results in increasing rate of crimes, specially against women.4 The children are left alone to care for
themselves or are left with the servants as the working parents do not have time to devote with them
parents spend lavishly on their children but they have no time to spend with their children which they
need. Children want quantity time and psychological and emotional security, they want physical
proximity with their parents, all these requirement remain unfulfilled. Children feel emotionally
abandoned and look elsewhere for company and companionship. Working parents do not have time.
They come home tired and often have service obligations. This results in the children being neglected.
There is no control of parents over children nor is any effective monitoring over their behavior or
habits done by the parents, which results indiscipline amongst the children.
When the children are left with the servants, the fact that it is the most formative period of their lives is
forgotten. These children learn servant's habits by imitation and unconsciously learn their moral values
also. Grown-up children get into wrong company and indulge in crimes like eve-teasing and sexual
molestation of girls just to pass time and get a kick. Such crimes often become the stepping stone for
other crimes in later life. Educational institutions were the place where the children learn the moral and
social values but they have ineffective but no discipline is left. Most of the time the teachers are busy
in their own domestic problems and politics of the school. They do not have time to pay individual
attention to the students or to work with a sense of involvement for their welfare. The co- ed school
offer plenty of opportunity for the boys to meet the girls freely but there is no effective guidance,
either from the parents or the teachers consequently this freedom is often misused. All the parents
excepts good academic performance from their children due to competition in all walks of life parents
have more expectation from their children but they do not have enough time to pay attention to them.
They do not try to fulfill their emotional and psychological needs. They remain busy with their work.
The result is that the children become lonely and bored; they turn aggressive, instead of going into an
empty home after the school a large number of children spend their time with their colleagues or watch
the TV and video. The lack of proper extra- curricular activities, easy availability of films, full of
aggression and romance, explosive programmmers on the TV coupled with their peer group pressure
have steadily eroded the traditional values right from habits, life styles to aspirations. The kids are
forced to prove themselves in there group, many of them turn to mischief. A large number of kids are
given all that they want and hence have lost all sense of values. Most of the parents are ignorant of the
changed behavior of their children and as the generation gap widens the children revolt they don't
listen to parents.
With more exposure to life through TV Video, Cinema the five star hotels, floor show etc, and with
little direction from the teachers or the parents the chances of youth getting wrong ideas are very high.
Perhaps the programmer of the TV. Films and video are the greatest culprits in inculcating wrong
values among at misguided youths and vulnerable old people. There is a virtual boom of aggressive
and suggestive cinema showing soft porn with uncensored interpolated scenes. It has become a big
racket with the obvious complicity of the police. Mirroring India's cultural degeneration, Hindi feature
film world has not lagged behind. Heroines who were skittish about even dropping their pallus are new
willing to bare breasts and body for sex-hungry viewers. The new trend among Hindi film makers is
sexual violence, depiction of crime and brutality, fighting scenes, foul language and romance Films
becomes hit because of no holds-barred rape and gang rape scenes in all the details. In such films a
number of visuals and dialogues depict women in ignoble servility to man and such servility is shown

as a praiseworthy quality. The other woman concept that Hindi films specialized in, has become real
life. It is not only the visual media that reflects the new permissiveness smut magazines rub covers
with new magazines in bookstalls and even conservative feature magazines have begun carrying
regular columns on sex and crime There is no dearth of such cheap literature. In an avalanching trend
the reader is succumbing to the lurid appeal of pulp as never before. The average reader has switched
up to lapping up steamy pastiches of crime and sex the harbingers of this change in the reading tastes
were the cheap paperback issues of novels in the form of periodicals. Flooding bookstall and
pavements are the sixty to hundred page novels on an unchanged sex crime recipe. In the best tradition
of the worst pulp world- wide, the narrative a loosely woven around a murder or a rape, and is
interlocked with explicit passages of porn to see the reader happily through. To make the formulate
foolproof, gore and blood added in a generous measure. The growing popularity of these novels can be
regarded as an index of mounting culture degeneration.5
A large number of males are committing the crime specially crimes related to women just as a part
time. Cases of rape, eve teasing and are increasing specially with minors. These minors are children of
poor and socially deprived parents who live in jhuggis or share small houses with each other. The
prospective offenders know very well that these minors are unguarded. They are aware that the parents
have gone out to earn their livelihood and the child is incapable of offering much resistance. They
commit crimes against them without any violent pains. They know that the chances of getting caught
are remote and getting convicted even remoter, this makes the wrongdoer indulge in crimes with
impunity. Due to economic necessities and other social factors man are going to foreign countries to
earn money leaving the women alone to manage for themselves. Such women, most of whom are not
used to live independently find it very difficult to manage the family and look after the children. They
generally come closer to friends or relatives and become the victim of crimes like rape, molestation
and other offences. Men does not deal with the women on equal footing. They are now allowed to go
outside unescorted or mix freely with their male friend. The life style in this era has changed
drastically but we could not still change our attitude and thinking with regard to women. Our society is
still of the view that women's traditional role is as of housewife and mother. Form the very childhood
the girls are trained for these roles. Though the women are coming out of the home and working with
the men hut this role of the women creates confusion. The women of the today is in dilemma, what
role she has to play. The husband expects her to play the role of a traditional wife at home. However,
outside he expects her to act like modern women. Due to t his conflict demands women has to face
problem, whether to prove herself a good homemaker or an efficient employee. Men wants that wife
should be working lady so that give financial support to the family but do not allow her to work
successfully or to prove herself at the work place as more and more women join the work place the
more opportunity available to men to take out their frustration. They tears, harass and molest women.
Women have come to release their potential and want self- expression. Women do their best to prove
themselves that they are equally capable and can complete with men. When men fail to prove their
superiority at work place, the result is that they do not hesitate to use force to keep the women down
just to prove their superiority.
The influence of satellite T.V. advertisement and cinema has changed the value system, especially of
middle class. When people leave their native place in search to earn money then their desire to climb
the social ladder in new atmosphere makes the males ignore their basic inhibitions and cultural
constraint. They do not realize what the parents will think. Morality and fidelity has different
connotation in the changed atmosphere. Once a crime has been committed against a woman the vicious
circle starts. If it is a crime by the husband or in- laws the matrimonial home is broken. The children
are the worst sufferers. According to Mr. Mohan Isaac Asset. Professor of psychiatry at NINHANS
"Squabbling parents are poor role models invariably teen -age criminals reflects the sorry situation at
home "Most of the girls, who are lured on false promises of jobs or marriage, come from broken
homes. These women lack self-confidence, love and emotional security, pimps are able to exploit it
and lure them to brothels on the false hopes of a decent job and good living. There are instances of step

fathers committing rape on their daughters or parents and relations selling girls to brothels.
(B) PERSONAL AND PSYCHOLOGICAL :- Role of the women in traditional families is to look
after the welfare and comforts of the husband and children. Husband was like a demigod. All the
family revolved round the husband. What the husband will wear, what will he take in lunch and dinner.
It his happy whole world is happy. The woman was brought up to be submissive and never to question
his authority. Mann, the supreme law giver had ordained "whether a drunkard viperous or devoid of
virtues, a husband ought to be worshipped and obeyed- But now, with a working questioning woman
the man finds his position sabotaged. The psychological satisfaction derived by the realization that he
is the sole protector of his wife and children is gone. Exigencies of services often force the husband
and the wife to live separately, this has decreased the emotional and physical dependence of the wife
on her husband. She can live alone and fend for herself. The psychological repercussions of this
realization are traumatic. Man's basic instinct revolts. He does not like his wife to be too independent,
there are feelings of jealousy and suspicion. Ile uses physical force to keep his wife subdued or creates
hurdles in her work to prove his superiority. This is the major cause of tension at home and contributes
in a big way towards the rising graph of cruelty and wife beating. 6 In our male dominated society, men
are of the opinion that wife should not have equal authority in the family. Their most important duty is
to take care of the husband, wife and family. She should do the job, when the circumstances are such
that needs financial support but if her job inconvenient to the family, she should leave the job.
Women's first priority is to give importance to the family needs. She should assume the domestic role
even she is educated and working. If his is working, she should not mix freely with men but come back
home and take care of the children and family. Though in their public utterness men praise the concept
of equality and show concern that women have not been able to avail of their constitutional and legal
rights, but in reality they are the most conservative. They do not like to see women becoming
independent and doing better than men. They express their anger and frustration by being unreasonable
and atrocious in their behavior towards them. At home the law of the jungle rather than the rule of law
operate. Men are still not convinced to the idea of seeing women as their equals. The legal equality
which women enjoy under, the constitution and special privileges that are granted to them under the
protective laws have made most of the menfolk anti -women.
A major cause of crimes against women is Unemployment and poverty Some men just can not see
women doing well while they themselves are unemployed or - under employed. They find such women
to be the cause of their failures, they nurture a grudge against them and commits crimes against them
to take out their frustration There are cases where husbands have not even left their wives to vent out
their frustration, ignoring the fact that she is supporting the whole family by her earnings. Sitting at
home without a job, they imagine the wife insulting them or looking down upon them because they are
dependent upon her. They imagine her enjoying with other men at place of work. Unemployed men
have been found beating their wives on very trival domestic issues. 7 When the husband tries all
sources to earn more but fails and his wife keeps on making demands for money or the children insists
on buying things the man become irritable. In such an emotional situation, he beats her even if she asks
for money to run the house. In a reported case in 1992, a businessperson, who was depressed because a
fire had gutted his shop and rendered him bankrupt, picked up the kitchen knife and stabbed his wife
and children then he stabbed himself. The financial losses that he had suffered after the destruction of
his shop in fire had resulted in frequent arguments. This stabbing incident was the aftermath of an
argument for buying blueberries for the children.8 The lifestyle of the haves are daily broadcast to the
have - note by the electronic media. It is apparent that diligence and hard work do not raise the living
standard fast enough to meet the new aspirations. Many men resort to dowry demands to become rich
overnight to fulfill these desires.
(B) (ii) Alcoholism has become one of the main cause of crimes against women. This evil is
increasing in the society rapidly. The evil effects of .alcohol result in heavy damage of the mind and
the body and results in susceptibility to crimes. Excessive drinking becomes the cause of in starvation

for the family members assault and quarrels between husband and wife, between father and child.
desertion, beating, cruelty, etc. Habitual drunkards have even molested their own daughters in the
state of emotional excitement; when the normal restraints of a person disappear under the influence of
drugs or drinks and their hostile and aggressive fantasies, intimately intermingled with sexual lust, are
converted into irresponsible action. Alcohol - related crimes illustrate a reckless disregard of time,
space and circumstances.
(B) (iii) Lack of religion and substitution of religious beliefs and spirituality by "enlightened
rationalism" can also be regarded as a factor for responsible the causation of crimes against women.
Where nudling intellect has become the supreme arbiter of man's fate, where man has lost faith in the
supreme being. Where man believes only in material existence, where man is lure by the desire for
power and money at any cost, where man has forgotten the inner being there is no wonder that there
will be social disorganization and maladiustnlcnt. -leading to conflict of interests and crimes. Though
religion has been one of the strongest forces to uphold the institution of patriarchal family, yet religion
has offered its believers a code of ethics, a sense of being answerable to others and to the fate of
others. Behind this seeming contradiction there is an exhortation to cull the humanist elements from
all religion to carve out a more just and humane society.9
(B) (iv) The ego clash between the husband and wife results in the Marital Maladjustment. A large
number of crimes against women are the cause of this factor. The adjustment of the girl with comes to
the family of their in laws, their working and the enlightened one is very difficult. Mothers- in- law
who have the total control over the family members, they became jealous and frustrated at the
independence of their daughter -in -law. Indian husbands give more importance to their mothers
briefing them to the wife's protests. Temperamental maladjustment and incompatibility in ways of
thinking, working dressing up and behaving go a long very in making . The husband reacts by
neglecting the wife or picks up quarrels or trivial issues. Sometimes he even deserts the wife or starts
going to prostitutes for satisfying his desires.
(C) Law is the instrument of the society. Law is not static, if it is too alive; it must keep pace with the
society. Laws are enacted to fulfill the needs of the society. Various protective laws were enacted to
curb the crimes against women. The laws enacted for the protection of women suffer from various
shortcomings. The attitude of the courts in interpreting these laws is conservative, rigid and traditional.
The enforcement of these laws is so poor that. The offenders seem to have lost all fear of authority,
They grow bolder because they are not caught so they think that they can indulge in crime with
impunity. There is no dearth of crime, even very brutal ones against women, which made to the front
pages of the newspapers and stirred the conscience of the nation. However, the entire public outcry
that followed did not help the lone arm of law to dispense justice to the victims. The study of the cases
of custodial rapes in Delhi by the people's union for Democratic Rights make it abundantly clear that
culprits invariably manage to escape the punishment.
(C) (I) Legal machinery that includes police, advocates and the courts are responsible for the
inefficient implementation of protective laws. The police are the first agency for the administration of
criminal justice and are considered to him the first line of defense against crimes. A lot of inefficiency
and callousness noticed at each level of police heierchy. They are the entry point of the criminal justice
system for the first offenders and re entry for the failures of other sub systems. They occupy a strategic
position in respect of social defence, probably next only to the family and other groups in importance.
No. society can exist or function without the support of an organized police force yet in every part of
the world the police has failed to check completely the onward march of crime and delinquency. 10 The
job of the police is to uncover law violations and to bring to book those people who threaten the social
order. It is the police who in their capacity as "the first line enforces" take the important decision
whether the specific situation requires official action even when a man has committed a crime, the
members of the society lose faith both in law and its enforcement agencies. This encourages the

prospective offenders to indulge in crimes. In India police inefficiency, corruption, connivance with
the guilty and the police Politician nexus has been the major cause of crimes against women. The
Police insisted of fulfilling their responsibility, they indulge in unlawful and corrupt practices. The
record of the police in preventing crimes has been very poor. They indulge in crimes making terrorism
part of the system. The judicial system is slow, it gives them example time to wipe out all evidence of
the crime cases without even framing the charge sheet. On Jan12, 1986 a complaint of rape, which the
police initially refused to record, was received by the police. Gunta Belm was asked to give a
statement to the deputy Superintendent of police. She said "she was made to sign an affidavit, denying
the earlier allegation of rape, under further threat of rape and that she was not even allowed to read her
statement. A voluntarily organization that learnt about her case submitted a petition to the Supreme
Court. The Court ordered an enquiry by the CID. The state CID found a prima facie case against the
accused and arrested six policemen, but they were released on bail as the CBI had failed to charge
them within the time limit. On Feb. 13, 198.6 the Supreme Court constituted its own commission of
inquiry into the allegation. It includes a senior police officer from outside the state and a social worker.
The commission found evidence against eight persons. Police officers, other officials and two Doctors
whom it named and recommended action against them for participating in the rape or its cover up. It
found enough evidence to substantiate the allegations that four police officers had twice participated in
raping Gunta Behn.
The government failed to take any action on the report of the Supreme Court commission for a year.
On Dec 15, 1987 the Supreme Court issued a statement on the" pathetic state of affairs in not taking an
action against those responsible for a heinous crime and subsequent efforts to cover up the case" The
Supreme Court ordered the govt. to bring all the records to the court and copies of the charge sheets
issued to the policeman held responsible. It was due to the indulgence of the court that the guilty could
be punished. Police show no interest in registering the cases of crimes against women. Their behavior
with the women when they go to lodge a complaint is not good. They taunted, jeered insulted even
criminally assaulted when they conic to the Police station for making complaint. On July 1, 1992 an
incident of rape by CRPF men which was reported in Times of India came to light. The police in their
effort to cover up the case forcibly took the victim to the police station where she was forced to affix
her thumb impression to a statement that "she was familiar with the CRPF jawans". She was kept at
the police station for six days but no medical was done. On seventh day she was released with
instructions to disappear to her village and not to talk about the incident to anyone. The police neither
collect the primary evidence nor do they conduct any serious investigation, or take photographs.
Padding of evidence is very common. The police normally avoid registration of cognizable offences or
convert such cases into non- cognizable offences by making an alteration in the FIR. Many a time
there are irregularities in the search and seizure lists. Bribes and other corrupt practices are quite
common. It has been seen that many times police protection the offender and discourages the victims
to report against the criminals. They are compelled to' suffer in silence because no justice can be
expected from any enforcement authority who is in league with the criminals. In the heart of the
capital, under the very nose of the Central Government. A young married woman was raped, her
husband on coming back, found her lying unconscious. He moved her to Safdarganj Hospital. She
gained consciousness and screamed, "please save me he will rape me again" this was the second time
that the woman had been raped by that man in live days. On the advice of the doctor, the husband
registered a case of rape. A few people in the neighbor hood were willing to testify that they had seen
the culprit entering his house on that afternoon but the police took no action and the man threatened
the woman that if she continued to blabber he would kill her husband. It was then that the husband
sought help from a woman's organization. The village panchayat also demanded action against the
man. A pressure for the arrest of the man mounted Ile disappeared. It was alleged that the police
abetted the man's escape. He was not seen for two months, the neighbours also lost interest in the case.
But the woman continues to live in terror who knows when the rapist will strike again?
Compulsions: - The privileged position which is accorded to the offender in our criminal

jurisprudence is a major compulsion facing the woman to suffer in silence. The culprits grow bolder,
and indulge in crimes with impunity . Maxims like "the guilt of the accused should be proved beyond
reasonable doubt' and innocent unless proved guilty play havoc with the fate of women and leaves
them virtually without any legal remedy. As far as the law of evidence is concerned the same rules of
evidence apply to both civil as well as criminal cases. This maxim is not available in codified form but
our courts have followed the English Common law Principle consistently. In the contemporary context
of the escalating crimes the judicial system has a public accountability, the golden threat of proof
beyond doubt should no be allowed to run through every hunch hesitancy and doubt. Too frequent
acquittals eventually erode the judicial protection of the victims. The protective laws are generally
weak and Rill of loopholes, they cannot protect a women in distress e.g. the Immoral 'Traffic
(Prevention) Act starts with the persecution that prostitution is inevitable and cannot be eliminated. It
considers prostitutes to be the offenders but has nothing to say against the clients. The legal process is
long tardy and expensive. A woman without resources cannot even dream of setting it in motion,
getting justice is a far of cry. The lawyers are not profession -oriented, their attitude is highly
commercial. They have no milk of human kindness for the victims of atrocities. They exploit women
in distress. The most of the lawyers have not very sound professional knowledge, they spoil the cases
of their clients It is not easy task to combat these negative factors, Most women fell compelled to
suffer in silence at their husband's home rather than move out of the house and be the laughing stock
even of the outsiders and suffer indignities and insults.
The Judiciary is not sympathetic to the women's cause. The undue concern expressed for the offenders
is not fair. Hearing is postponed and adjournment is given n matrimonial cases when the husband fails
to appear at the court on frivolous excuses. The maintenance laws are so ineffective that rarely does a
man part with some money when he throws out his wife. The family property is almost never jointly
held nor is any significant portion of it in his wife's name she can claim nothing when she is thrown
out. A woman if forced to undergo sex determination test to know the gender of the child and
compelled to get it aborted if it is girl. Woman is teased on the streets, harassed in buses and molested
in public places but she keeps quit because the offender can retaliate or blackmail her into silence. No
one offer any help, they are either sacred or they do not want to interfere in private affairs. Thus,
compulsions, which make women buckle down and suffer, are too overbearing. The patriarchal system
of the society creates its own constraints. There are no support structures outside the family to take
care of women even if she is educated and economically independent. In cases where the offender is
her own husband and she decides to leave him or to complain about her atrocities or demands for
dowry, the family member's friends and relations all discourage her, they all try to tell her, to try and
patch up they convince her that after marriage husband's home is the most respectable abode for her. A
man's ego is too sensitive; he cannot bear humiliation and will pardon her if she lodges a complaint
with the police. He will turn her out of the house or harass her even more for taking the family matters
out of the holy precincts of the home. The Stigma of being separated from the husband or the husband
having deserted her is enough to make a women's life miserable and deprive her of whatever little
sympathy that she may otherwise expect. It is very difficult task to fight legal battles. The vast
paraphernaria of legal aid is an eyewash. The advocates who are on the panel of the legal Aid cell are
generally those who have failed in their jobs. There is no sincerity in their efforts. There are examples
when the harassed woman has gone from one advocate to another only to be disappointed with his way
of working.
The attitude of the husband is typical. They are mostly not at all repentant and would convincingly
throw the whole blame on the woman. Whenever a husband agrees to take back the wife it is on his
own terms and he ensures that the girls- parents realize that he is agreeing to keep the wife as a favor.
The woman is compelled to return to her husband's home and endure humiliation. There is no other
place available to her. She has no power to enforce her wishes the way the husband has. It she too
great a nuisance she can be through out again or beaten so brutally that she herself decided to quit, still
the woman is told to try harder and adjust. Which is nothing but a euphemism for "tolerate"? Every
one urges the woman to make the marriage work. Women are more sentimental and traditional. They

are socially emotionally and physically so much attached to their husband that is very difficult for
them to break those ties. The woman may not be at fault but the society and judicial system make her
feel that she is guilty. To prove her innocence are too onerous. It is better to suffer in silence because
one is not any better off even after being declared innocent. People who have the power will not
change to give up that power without a struggle, and within family. It is the men who enjoy this power
unless it is challenged not only by the victims but by other social institution, the family structure can
not change to one where women enjoy greater power and can make it impossible for the man to
oppress her.
Institutions like crime (women) cell, Family courts, legal aid cells etc have not been able to convince
the male that it is most obnoxious and inhuman to ill- treat a woman, they have not been able to
change the outlook of the society towards a raped, deserted or divorced woman. She is still looked
down upon by the society. Society has failed to protect, rehabilitate, or to reassure these helpless
women. It is the inability of the woman to bargain for herself in the present social and legal set up. The
compulsions are over bearing. A man can get away after maltreating, beating and throwing out his wife
because he knows that she is easily replaceable. No one is there to help her, all are there to exploit her
helplessness. She is treated as a bitch on heat, all the dogs of the street are there to lay their claim on
her. The woman controls nothing, not even her own thinking. Sometime or the other the cup of woe
will be full and the justice will come on its own.
International Initiatives to Curb Gender Violence
The advancement of women has been a focus of the work of United Nations since its creation. The
Preamble of UN Charter sets as a basic goal of reaffirm faith in fundamental human rights, in the
dignity and worth of the human person. In the equal rights of men and women. In 1946, the
Commission on the status of Women was established to deal with women's issues. The Universal
Declaration of Human Rights had affirmed the principle of inadmissibility of discrimination and
proclaimed that all human beings are born free and equal in dignity and rights and rights and everyone
is entitled to all rights and freedoms set forth therein, without distinction of any kind, including
distinction based on sex. However, there continued to exist considerable discrimination against women
primarily because women and girls face a multitude of constraints imposed by society, not by law. It
violated the principle of equality of rights and respect for human rights.
The General Assembly on November 7, 1967 adopted a Declaration on the Elimination of
Discrimination Against Women, and in order to implement the principles set forth in the Declaration, a
Convention on the elimination of All Forms of Discrimination Against women (CEDAW) was
adopted. This Convention is often described as an International Bill of Rights for women. It has laid
down a comprehensive set of rights to which all persons, including women are entitled, additional
means for protecting the human rights of women. In addition to the above Convention, three
conference were held during the U.N. sponsored international women's Decade (976-1986) in Mexico
City (1975), Copenhagen (1980) and Nairobi (1985). The fourth conference was held at Beijing in
1995, have greatly enhanced international international awareness of the concerns of women. Beijing
Conference stated that 'Women's rights are human rights' and it called for integration of women's
human rights in the work of different human right bodies of United Nations. It considered the issue of
violence against women in public and private life as human rights issues. The Conference called for
the eradication of any conflict may arise between the rights of women and harmful effects.
The UN General Assembly in 2000 convened a Special session on 'Women: Gender Equality,
Development and Peace for 21st Century to assess the progress on women's issues. In February 2005
the commission on the status of women at its 49th session viewed the progress made on women's
Human Rights Agreement, known as Beijing Platform for Action. The Conference focused on many
areas including poverty, environment, economy, education, human rights, power and decision making
and girl child. In 2005, twenty third special session of the General Assembly was reiterated as world

summit outcome. The summit resolved to promote gender equality and eliminate persuasive gender
discrimination. U.N. Commission on the status of women met on March 14, 2011 in the Economic and
Social Council Chamber to discuss the present scenario of gender violence in the world.
National Initiatives to curb the Gender Violence
(i) National Commission for women
In January 1992, the Government set-up this statutory with a specific mandate to study and monitor all
matters relating to the constitutional and legal safeguards provided for women, review the existing
legislation to suggest amendments wherever necessary, etc.
(ii) Reservation for Women in Local Self-Government
The 73rd Constitutional Amendment Acts passed in 1992 by Parliament ensure one third of the total
seats for women in all elected offices in local bodies whether in rural areas or urban areas.
(iii) The National Plan of Action for the Girl Child (1991-2000)
The plan of Action is to ensure survival, protection and development of the girl child with the ultimate
objective of building up a better future for the girl child.
(iv) National Policy for the Empowerment of Women, 2001
The Department of Women & Child Development in the Ministry of Human Resourse Development
has prepared a "National Policy for the Empowerment of Women" in the year 2001. The goal of this
policy is to bring about the advancement, development and empowerment for women.
(v) National Mission for empowerment of Women, 2010.
The launch of the National Mission for Empowerment of Women in March 2010 is an important
development that will provide the much required fillip to a coordinated assessment of current
government interventions and aligning future programmes so as to translate the MPEW prescription
into reality. The Mission was operationalzed during 2011-12.

Verma Committee Report

A three-member Commission, headed by former Chief Justice of India, Justice J.S. Verma which was
assigned to review laws for sexual crimes submitted its report to the Government during January 2013.
The Commission has recommended comprehensive changes in criminal laws to deal with crimes and
atrocities women which are as under:
Punishment for Rape: The penal has not recommended the death penalty for rapists. It suggests that
the punishment for rape should be rigorous imprisonment or RI for seven years of life. It recommends
that punishment for causing death or a "persistent vegetative state" should be RI for of a term not be
less than 20 years, but may be for life also, which shall mean the rest of the person's life. Gang rape, it
suggests should entail punishment of not less than 20 years, which may also extend to life and gang
rape followed by death, should be punished with life imprisonment.
Punishment for other sexual offences: The penal recognized need to curb all forms of sexual
offences and recommended Voyeurism be punished with unto seven years in jail; stalking or
attempts to contact a person repeatedly through any means by up to three years. Acid attacks would be
punished by up to seven years if imprisonment, trafficking will be punished with RI for seven to ten
years.

Registering complaints and medical examination: Every complaint of rape must be registered by
the police and civil society should perform its duty to report any case of rape coming to its knowledge.
"Any officer, who fails to register a case of rape reported to him, or attempts to abort its investigation,
commits an offence which shall be punishable as prescribed," the report says. The protocols for
medical examination of victims of sexual assault have also been suggested. The panel said, "Such
protocol based, profession medical examination is imperative for uniform practice and
implementation."
Marriage to be registered: As a primary recommendation, all marriage in India (irrespective of the
personal laws under which such marriages are sloemnized) Should mandatorily be registered in the
presence of a magistrate. The magistrate will ensure that the marriage has been solemnized without
any demand for dowry having been made and that it has taken place with the full and free consent of
both partners.
Amendments to the Code of Criminal Procedure: The panel observed, "the manner in which the
rights of women can be recognized can only be manifested when they have full access to justice and
when the rule of law can be upheld in their favour." The proposed Criminal Law Amendment Act,
2012, should be modified, suggests the panel. "Since the possibility of sexual assault on men, as well
as homosexual, transgender and transsexual repe, is a reality the provisions have to be cognizant of the
same," it says. A special procedure for protecting persons with disabilities from rape, and requisite
procedures for access to justice for such persons, the panel said was an "urgent need".
Bill of Rights for women: A separate Bill of Rights for women that entitles a woman a life of dignity
and security and will ensure that a women shall have the right to have complete sexual autonomy
including with respect to her relationships.
Review of the Armed Forces Special Powers Act: The panel has observed that the "impunity of
systematic sexual violence is being legitimized by the armed forces special powers act." It has said
there is an imminent need to review the continuance of AFSPA (Armed Forces Special Power Act) in
areas as soon as possible. It has also recommended posting special commissioners for women's safety
in conflict areas.
Police reforms: To inspire public confidence, the panel said, "police officers with reputations of
outstanding ability and character must be placed at the higher levels of the police force." All existing
appointments need to be reviewed to ensure that the police force has the requisite moral vision. The
panel strongly recommended that "law enforcement agencies do not become tools at the hands of
political masters." It said, "Every member of the police force must understand their accountability is
only to the law and to none else in the discharge of their duty."
Role of the Judiciary: The judiciary has the primary responsibility of enforcing fundamental rights,
through constitutional remedies. The judiciary can take suo-motu cognizance of such issues being
deeply concerned with them both in the Supreme Court and the High Court. An all India strategy to
deal with this issue would be advisable. The Chief Justice of India could be approached to commence
appropriate proceedings on the judicial side. The Chief Justice may consider making appropriate
orders relating to the issue of missing children to curb the illegal trade of their trafficking etc.
Political Reforms: The Justice Verma Committee observed that reforms are needed to deal with
criminalization of politics. The paned ahs suggest that, in the event cognizance has been taken by a
magistrate of an criminal offence, the candidate ought to be disqualified from participating in the
electoral process. Any candidate who fails to disclose a charge should be disqualified subsequently. It
suggested lawmakers facing criminal charges, who have already been elected to Parliament and state
legislatures, should voluntarily vacate their seats.

Only legislation and law enforcement agencies cannot prevent the incident of crime against women.
There is need of social awakening and change in the attitude of masses. so that due respect and equal
status is given to women. It's a time when the women need to be given her due. This awakening can be
brought by education campaign among youth making them aware of existing social evils and the
means to eradicate same. Mass media can play an active role here as in the present days it has reached
every corner of the nation. Various NGOs can hold a responsible position here by assigning them with
the task of highlighting socio economic causes leading to such crimes and by disseminating
information about their catastrophic effect on the womanhood and the society at large.

References
1. UN Declaration on Violence Against Women, 1992 CEDAW, Recommendation No 19, 1993 Beijing Platform for
2.
3.
4.
5.
6.
7.
8.
9.
10.

Action 1995
Sobha Sexna: Crime against women (deep and deep pub.) p. 23
India Today, August 31, 1991 p.52
Haralambros. M, Scoiology: Themes and perspectives. P. 335.
Sethna, JMJ, Society and the criminal, Tripathi Pvt. Ltd. Bom. 1980 P. 75
Ibid 1, p. 33
ibid, p.35
Indian express, may 16, 1992, Metro News, p.5
Dr. jung, C.G., Modern man in search of soil pp- 235-36
Pal. N.C., Crime, Causes and Cure (1963) p.47