CHAPTER - 1

INTRODUCTION

1
 INTRODUCTION

Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable

network of mutuality, tied in a single garment of destiny. Whatever affects one directly,

affects all indirectly

Martin Luther King Jr.

1.1 General

With the involvement of women, the struggle for Independence turned into a

mass movement where women fought hand in hand with men and only with their combined

efforts; finally we attained the cherished goal of independence. On the eve of

independence, in his famous speech Tryst with Destiny, our first Prime Minister

referred our country as our motherland and showed us the dreams of a bright future he said

a moment comes, which comes but rarely in history, when we step out from the old to the

new, when an age ends, and when the soul of a nation, long suppressed, finds utterance.

With these rosy pictures of equality and freedom in their mind women of India celebrated the

day of liberty or independence. The decades bracketing the turn of century have witnessed

intense and unprecedented political contestations of culture, particularly in relation to

women. Then our founding mothers and fathers constituted a solemn document in the

form of constitution which emphasise the importance of equality for women and

provided various rights to women, to secure equality in every field, which further add

colours of hope to the already provided dreamy image of a shining future. Our ancient

literature including Vedas recognize and emphasize the importance of role of women in

building of any civilization saying that Women, teacher in the form of mother, but patient,

emotionally mature and full brain thinker to nurture the society into constant

learning and understanding. In Rig Veda hymns women, a significant creation of God,

2
the creator of human race has been considered to be a source of enlightenment and

hope for future. She is the epitome of truthfulness, noble virtues, selflessness, enlightenment

and worthy actions. She can destroy the strongest obstacles of hatred, violence, evil and

ignorance with her shining light. Vedas equate feminine power with Usha The Dawn

or Sunrise, Just as dawn brings light in our lives and purity in thoughts, woman, in form

of mother, brings light in any newborns life. In fact there is a mother in every woman

showcased by her care, tenderness, affection, patience and selflessness.

Mahatama Gandhi also says that woman is incarnation of Ahimsa. Ahimsa means

infinite love, which again means infinite capacity for sufferings. And who but women the

mother of man shows this capacity in the largest measures- let her translate that love

to the whole humanity and she will occupy her proud position by the side of

man.Woman is more fitted than man to make exploration and take bolder action in non

violence. There is no occasion for women to consider themselves subordinate or inferior to

men. Woman is the companion of man, gifted with equal mental capacity. If, by strength is

meant moral power, then woman is immeasurably man's superior. If nonviolence is the law

of our being, the future is with women.

After this so called independence and liberty, in their own country women got

a secondary status in every field. In the name of security she was devoid of the most

precious human virtue i.e. freedom. Their rosy dream of so called liberty seems faded/

shattered. She was particularly kept out of the decision making bodies and their male

counterparts kept this power deliberately with them. The situation of women

continuously become bad from worse. Again ray of hope came in the form of first and only

women Prime minster till now, the so called Iron Lady, Indira Gandhi who in her brilliant

speech 'The True Liberation of Women' emphasised on the need of equal status for women in

every field. She talks about equity and fairness to women as they would do the same job

3
as a man and do not get paid the same. She talks about the recognition women

should get for the things they do. She talks about how women should be treated like

men and have the choice to work or to stay at home. Throughout her speech, she

attacks men for their alleged domination over and discrimination against women and

focuses on language and the use of gender-specific pronouns.

Law commission of India from time to time provided various reports on

women issues like 42nd , 84th, 156 th13, 172nd14 227th15 and 242 nd16 reports, some of them

have been incorporated in various amendments, with not much better consequence.

This democratisation of oppressions can be seen in retrospect as an attempt to push grand

theory to its limits. Oppressions tended to be increasingly regarded as relative, with

attached identities that ended to be elevated above criticism.

As per the data issued by the National Crime Records Bureau, Ministry of Home

Affairs, Government of India in the name of SNAPSHOTS 2013, incidences of crime

against women have increased from 2.4,4.2,709 in 2012 to 3,09,546 in 2013. The proportion

of IPC crimes committed against women under total IPC crimes has increased during last 5

years from 9.2% in the year 2009 to 11.2% during the year 201318. Madhya Pradesh has

reported the highest number of rape cases (4,335), assault on women with intent to outrage

her modesty (8,252 cases) and West Bengal has reported highest number of importation of

girls from foreign country (9 cases) accounting for 12.9%, 11.7% and 29.0% respectively of

total such cases reported in the country.

Ironically, in the country where crime against women has increased at the highest rate

which announced or put India at the 4th position in the list of most dangerous country to be a

women, the highest power positions in various fields including politics are occupied by

women. Indira Priyadarshini Gandhi was the Prime Minister of the Republic of India, the

4
highest post of power for three consecutive terms from 1966 to 1977 and for a fourth term

from 1980 until her assassination in 1984, a total of fifteen years, a significantly long term.

Also her daughter in law Mrs. Sonia Gandhi held power position also present government has

many prominent female figures including Miss. Sushma Swaraj, Miss Sumitra Mahajan etc.,

here we have to distinguish that in a country where we have 614,397,079 (614.4 million)

women these few women are not depicting the whole picture rather they are exceptions to

rule and few exceptions cant change the rule. As Gail Omvedt makes the point that 'Indian

women have benefited from the democratizing aspects of the National movement, but it is

primarily upper-class women who have been able to consolidate these gains. We still have

negligible representation of women in our highest rule making body i.e. parliament. In our

last popular Lok Sabha we have Women have a poor 11% representation in India's Lok Sabha

and 10.6% in the Rajya Sabha, making India 108th among 188 countries covered in the

annual analysis on statistics of women members of parliament (MPs) conducted by the Inter-

Parliamentary Union (IPU). Furthermore representation of Indian Women in Indian

Legislature is marginal and is not according to their population. The present 16 th Lok Sabha

of Parliament has 11.3% (61 in total, though highest ever) MPs as women. For more

inclusion of women in policy-making bodies the only light seems to be seen at the end of this

dark black tunnel is the Bill of 33% reservation for women in Lok Sabha, which is to be

discussed in the Parliament.

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1.2 Review of Literature

Flavia Agnes, A Law and Gender Inequality: The Politics of Women's Rights in India.,

Oxford University Press, 1999, tried to explore the strategies for safeguarding womens' rights

in a country like India, which has a typical social, cultural and political background inclusive

of analysis of the current trends of the debate on the Uniform Civil Code.

Madhu Kishwar, Off the Beaten Track: Rethinking Gender Justice for Indian Women,

OUP, New Delhi, 1999 attempts to grapple with one of the most serious challenges to

women in India: Why is it that inspite of all the high profile attention on women's issues

many remain unresolved? Most of the work thus far has resulted only through symbolic

actions such as passing of laws, which very often are inappropriate and not implemented. In

most cases where laws are misused it contributes to increasing the vulnerability of women's

lives, 'ism-driven' politics and orthodox feminist thinking are also talked about.

Nivedita Menon (eds.), Gender and Politics in India, Oxford University Press, Delhi,

1999, debates on various issues like environment and gender, the impact of technological

change on women work force, interpreting constitutional guarantee of right to equality with

gender perspective; different women's movement and the challenges encountered; and

sexuality and gender. Also the concept of Eco-feminism, structural adjustment and its

impact on women, has been discussed. Further provided is the suggestion regarding

reconceptualization of equality in view of women's subordination. Alongside the

contemporary theory of gender in the perspective of present socio-cultural change in Indian

society has been highlighted.

Uma Chakraborty, Gendering caste through a feminist lens, Popular Prakashan, New

Delhi 2003, examines the crucial linkages between caste and gender and unmasks the

mystique of consensus in the workings of the caste system to reveal the underlying violence

6
and coercion that perpetuate a severely hierarchical and unequal society and discussed the

range of patriarchal practices within the larger framework of sexuality, labour and access to

material resources, and also focuses on the centrality of endogamous marriages that maintain

the system in a so called brahmanical patriarchy.

Giri Mohini V/s., Kanya: Exploitation of Little Angels, Gyan Publishing House, New

Delhi, 1999, deals with issues like prevention of child prostitution, to rescue and

rehabilitation, awareness and social mobilisation, health care, housing and civic amenities,

economic empowerment, legal reform, law enforcement trafficking and other human rights

issues. Also the relevant national and international legal provisions including the 1949

Convention on the Suppression of Traffic in Persons and the Exploitation of the Prostitution

of Others (Trafficking Convention) and CEDAW for the protection of the girl child from

prostitution have been discussed.

Kavita Punjabi & Paromita Chakravarti (eds.), Women Contesting CultureChanging

Frames of Gender Politics in India (16 Southern Avenue, Kolkata) highlights the dialectical

nature of culture as a site of women oppression as well as of feminist resistance and

transformation. The editor has focussed on both material and symbolic dimensions of cultural

politics and its changing significance in relation to gender, community, class, caste, borders,

sexuality and disability.

Sita Anantha Raman, Women in India A Social and Cultural History, Volume 2 xi

(ABC-CLIO, California, 2009) very precisely revealed why ideas of gender rights were not

static across eras or regions and also reflect on various ways in which women in a non-

western culture have developed and expressed their own feminist agenda.

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 Heidi Safia Mirza (ed.), Black British Feminism: A Reader 75 (Routledge, New York,

1997)

This is an outstanding collection of classic key texts new black feminist scholarship.

Tracing the crucial developments and debates of the last twenty years, this volume is the first

to be entirely dedicated to the writings of the black women.

Rani Dhavan Shankardass, Of Women Inside- prison Voices from India (Routledge,

New Delhi, 2012) tried to bridge the gap by addressing comparatively aspect of criminology-

the loss of human rights and gender based discrimination faced by women even within closed

spaces and in particular highlighted the penology based on case studies of women prisoners.

Gail Omvedt, Violence against Women: New Movements and New Theories in India,

Kali for Women, New Delhi 1997 (Third Impression) (42 pages - 192 words)

discusses some recent Indian feminist theorising of violence by activist leaders closely

involved in movements of women as peasants, forest dwellers and members of the lower

castes along with the emerging theories of violence in India, while focusing on Sharad Patil's

theory, a combination of Marxism and Phule- Ambedkarism, where violence against women

is understood as a reflection of the relations of production of a class-caste society; Sharad

Joshi's theory influenced by radical feminism, where violence is central to the process of

capital accumulation and women's power is the central force of liberation; and eco-feminist,

Vandana Shiva's theory, influenced by Gandhian thought where violence seen as inherent in

'western cultures' and women as protectors of nature and the traditional community and also

provides an insightful critique of each of the theories.

Indira Jaisingh, " Gender Justice and The Supreme Court" in Supreme but not

Infallible: Essays in Honour of the Supreme Court of India, B.N. Kirpal, Ashok H. Desai,

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Gopal Subramaniam, Rajeev Dhavan and Raju Ramachandran (eds.) OUP, New Delhi 2000

(pages 29, words 199). draws attention to the composition of the judiciary and its starkly

unrepresentative character, the essay addresses the problem of formal equality and the

evolution of equality jurisprudence in the Indian Supreme Court where sameness and

similarity form the criteria for classification, also the essay points to emerging issues

concerning validity of personal laws, womens representation etc. Mishra, Sweta , Women

and 73 rd Constitutional Amendment Act: A Critical Appraisal, Social Action, Vol.44, 16-30,

(1997) discusses the marginal position occupied by the Indian woman in the society and also

in the political process due to socio-economic constraints. It outlines the evolution of the

Panchayati Raj Institutions (PRIs) against this backdrop and a brief account of the position of

women in the PRIs before the 73rd Constitutional Amendment Act, further it examines the

probable role of women and the probability whether women will be able to exercise political

power through this system, what hurdles are there on their way, and finally how they can

overcome these? Shashi. S. Narayana, Gender equality through reservation in decision-

making Bodies147, Social Action, 1998, discusses the need for political empowerment of

women through reservation in its decision making bodies like parliament, and state

legislature in the same line as at Panchayat (village) level in India. The current economic

and socio-political maladies along with increasing violence against women and children are

attributed to the failure of male oriented polity. Representation of women in higher bodies of

political authority has been considered a prerequisite for the success of democracy at the

grass-root level. However the need for accountability and sense of commitment on the part of

the elected women representatives is stressed, which requires a higher degree of awareness

among women. Kishwar Madhu, Where Daughters are Unwanted , Manushi, no-86, Jan-

Feb,1995, pg-15-22 emphasises the magnitude of the problem of sex determination tests

(SDT) in India which has resulted in sex selective abortions of thousands of female foetuses,

9
despite of stringent provisions , due to lack of proper implementation, law has failed to curb

the problem. There are many advocates of SDT, and they believe it will help control the

population growth. Scarcity of women does not imply that their life will get better- it is a

myth and solution lies in making families realise the value of their daughters, otherwise these

SDT will never end. Rehana Sikri, Women and Sexual Exploitation: Harassment at Work,

Kanishka Publishers, New Delhi, 1999, took cognisance of the increasing number of women

in the total workforce of countries of the world and the consequent emerging patterns of

social interaction views the work place as a new domain of conflict in the 'running battle of

the sexes'. These survey results are analyzed for a further interpretation of the components of

sexual harassment and male-female relationship in the workplace. Working women's search

for identity is also addressed in the context of the traditional pattern of gender and sexual

exploitation. The book brings out the distinctive and alarming aspects of gender confrontation

and its sociological significance. Madhu Kishwar, Sex Harassment and Slander as weapons

of subjugation, Manushi, no.62, Jan-Feb-92, pg-2-15 focuses on the more insidious and

routine forms of sexual harassment women have to deal with when they step into the world to

earn a livelihood or take part in social, political and educational activities, for this university

students and teachers from middle class have been the subject matter. Real life experiences

have been recounted which show how men use aggressive sexual encounters to maintain

dominance and control and how and why women are forced to suffer such behaviour, also

suggestions have been to bring a meaningful change in women's currently powerless and

vulnerable position.

Exploitation of Domestic Women Workers : Case Studies from Karnataka, Kerala and

Tamilnadu, Social Action, Vol.43, April-June 1993, P.g . 235-24, focuses on the problems of

women in the unorganised domestic sectors in the states of Karnataka, Kerala and Tamilnadu.

It portrays the exploitation of domestic women workers and emphasizes that the structure of

10
the family affects exploitation directly as well as indirectly while stay with the employer

results in direct exploitation, also suggestions that economic support and skill training to the

women of the non-familial structure, may enable them to be independent and self reliant.

Martha Alter Chen (ed.), Widows in India: Social Neglect and Public Action, Sage

Publications, New Delhi, 1998. Discusses the status and condition of widows as a

marginalised group of Indian society, she explore the ideological construction of widowhood

in India including patriarchal constructs, the practice of levirate and property rights under

customary and modern statutory law. Also a framework for analysis of widowhood in India,

which includes concepts such as Patrilocality, Patrilineal Inheritance, Remarriage Practices,

Employment Restrictions, Maintenance and Social Isolation has been provided. B.

Ramaswamy, Women and Law 9 (Isha Books, B-69, New DDA Market, Delhi, 2013)

discusses the legal instruments dealing with women in India and abroad with special focus on

declaration on the elimination of violence against women ; optional protocol to the

convention against women on the elimination of all forms of discrimination against women;

UN initiatives regarding women rights; fourth world conference on women; Beijing

declaration and Beijing platform for action. Vinod Kumar Diwan, Laws relating to offences

against women,

Hydrabad Law House, Delhi, 4th edn., 2013 deals with various offences relating to

women under different chapters, and have tried to explain the legal complexities touching

various aspects and angles of the subject with the help of number of case laws. Also an in

depth study and analysis of case laws has been done.

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SCOPE OF STUDY

The present research focuses upon the recent disturbing trends in crime against

women in India. Though technological advancements is considered a boon to society, but for

women, in particular, this advancement has proved to be having a disastrous side effects.

Crimes against women in every walk of life are on a rise. The purpose of the research is to

study the various types of crime against women, their causes or reasons along with the type

of punishment given under our penal laws. It aims to trace out the law passed by Government

of India for the protection of women and children. The research aims to identify the role of

judiciary in India in evolving new vistas of jurisprudence regarding the imminent peril to the

security and safety of women in our country. The research work endeavours to espouse the

misery of women in our present society. The research work aims at identifying the measures

and tools to address the problem.

OBJECTIVES OF STUDY

The present study seeks to achieve the following objectives:

1. To trace the historical perspective of crime against women in ancient societies.

2. To find out the status of women in olden times.

3. To study the various kinds of crime against women in India and punishment thereof.

4. To examine the recent disturbing trends in crime against women.

5. To find out the various reasons for crime against women in our country.

6. To examine various statutes passed by the parliament for protection of women.

7. To analyze judicial response regarding crime against women.

8. To throw light upon various new trends in respect of crime against women.

9. To suggest remedial measures for prevention and control of crime against women in

India.

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RATIONALE OF THE STUDY: VALIDITY AND RELEVANCE

With spread of education and awareness, women step out of the four walls of house

and entered and proved her potential in almost every precinct of life, which were earlier

exclusive male domains in our patriarchal society. Seeing the spate of cases regarding women

issues in India, a need to devise an effective mechanism to deal with the cases on an urgent

basis was felt. Since we live in a progressive society which keeps on changing day by day

rapidly, the conditions of women also undergoes a change in new society with new emerging

crimes. In other words, changes in society have their impact on various matters of daily

routine life of society. In India the crimes against women keeps on increasing with alarming

rate. Hence the present study is an attempt to throw some light on the various emerging

crimes against women with their causes and suggest some crucial suggestions, which may be

of utmost importance for the stakeholders.

PLAN OF THE STUDY

To keep the present study in a feasible manner the researcher has divided research

into seven chapters.

Chapter-I is about the research design which highlights the objectives of research and

research methodology. The chapter also includes the plan of study, review the relevant

literature comprising of few important books, articles, websites etc.

Chapter-II has been devoted to depict the status of women in India. In ancient India, women

occupied a very important position, in fact a superior position to, men. It is a culture whose

only words for strength and power are feminine -"Shakti'' means "power'' and "strength.'' All

male power comes from the feminine. Literary evidence suggests that kings and towns were

destroyed because a single woman was wronged by the state. For example, Valmiki's

13
Ramayana teaches us that Ravana and his entire clan was wiped out because he abducted

Sita. Veda Vyasa's Mahabharatha teaches us that all the Kauravas were killed because they

humiliated Draupadi in public. Elango Adigal's Sillapathigaram teaches us Madurai, the

capital of the Pandyas was burnt because Pandyan Nedunchezhiyan mistakenly killed her

husband on theft charges.

This chapter includes the status of women in India in historical perspective, her status

and position in that society. Further this chapter envisages how the condition of women

deteriorated through ages and was at its lowest ebb during medieval times and where women

stand today. It further incorporate that despite being provided equal status by constitution and

remarkable work by women in various fields she is yet to get her dues.

Chapter-III highlights the types and causes crime against women:. The semantic meaning of

crime against women is direct or indirect physical or mental cruelty to women. Various kinds

of violence against women are eve-teasing, molestation, bigamy, fraudulent marriage,

adultery, abduction and kidnapping, rape, harassment of women at working place, wife

beating, dowry death, female child abuse and abuse of elderly female etc. Crime against

women is rising at an alarming rate. In modern world where we talk of a civilised society,

women liberty and empowerment, every day the pace of crime against women is rapidly

increasing. According to one estimate there are more than thirty specific forms of violence

against women from womb to tomb. These are reported frequently in media and newspapers.

The present chapter focuses on various types of crimes against women. For easy

understanding I have divided this chapter basically into five major headings and then various

sub headings which are : Sexual Crimes Against Women b) Crime Against Life, Liberty and

Health of Women c) Crime Against Sensitivity and Modesty of Women d) Matrimonial

Crimes Against Women e) Domestic Violence against women.

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Chapter-IV covers the various Crimes against Women with Recent Disturbing Trends.

Recently there has been spate of criminal cases against women in India. Various crime has

taken an aggravated form and new types has come to arena with the advancement of

technology and changing social scenario in which women are coming out of four walls of

houses to work in public as well as private sector.

Chapter-V has been devised to cover Crime against Women: Socio - Legal measures, and

Social Perception. The Constitution of India provides for special treatment of women,

guarantees equality and prohibits discrimination. The government of India has been

strengthening various laws focused on women and children. This has been more visible since

the Beijing CEDAW Conference. The recent years have been witness to some landmark

interpretations and directives related to Violence against Women. Despite the constitutional

mandate of equal legal status for men and women, the same is yet to be realized. The dejure

laws have not been translated into defacto situation for various reasons such as illiteracy,

social practices, prejudices, cultural norms based on patriarchal values, poor representation of

women in policy-making, poverty, regional disparity in development, lack of access and

opportunity to information and resources, etc. The ground situation more or less remains the

same.

The present chapter focuses on the various types of laws and policies which have been

formed by government from time to time to alleviate the crime against women. Also the

chapter focuses on the social perception regarding crime against women and how it in turn

help in increasing of such crimes.

Chapter-VI titled Setting the Tone by Indian Judiciary through Various Path Breaking

Judicial Pronouncements. Judiciary in India has always played a laudable role in eradicating

social evils, and to bring social justice to masses. Supreme Court of India has devised various

15
ways like epistolary jurisdiction, relaxing locus standi criteria, allowing public interest

litigation (PIL) and has played pro-active role to bring justice to every doorstep. Through

various cases several guidelines has been provided by the Apex Court to eradicate social

evils and specially to curb crimes against women. Some recent judgements of apex court with

some strict guidelines with a view to minimize crime against women. This chapter

specifically provides various steps taken, guidelines given by judiciary to bring crime against

women under control.

Chapter-VII of the work covered the Conclusion and Suggestions. Crime and violence

against women are on a rise unabated in one form or another, inspite of various laws and

legislations to curb it. The main cause for it lies in the very roots of our upbringing of our

children. From the very beginning male child is taught that he is superior than his female

counterpart, and this superiority feeling grows with him and when in future he has to

compete with female counterparts he look down upon them but when they prove superior to

him, the feeling of revenge is vent out in various forms, or often anger is released on female

as they are considered as physically weak and under their right and control by male. So,

before anything else this mentality is required to be changed. First of all we will have to

acknowledge that women also humans as male are, only after we can bring change to the

existing situation. The researcher in this chapter tries to bring various suggestions which can

be of utmost important for the stakeholders.

16
 CHAPTER 2

CONFOUNDING STATUS

OF WOMEN IN INDIA:

JOURNEY THROUGH

AGES

17
Introduction

According to Giorgio Basta The angel of the Family is Woman. Mother, wife, or

sister, Woman is the caress of life, the soothing sweetness of affection shed over its toils, a

reflection for the individual of the loving providence which watches over Humanity. In her

there is treasure enough of consoling tenderness to allay every pain. Moreover for every one

of us she is the initiator of the future. The mother's first kiss teaches the child love; the first

holy kiss of the woman he loves, teaches man hope and faith in life; and love and faith create

a desire for perfection and the power of reaching towards it step by step; create the future, in

short, of which the living symbol is the child, link between us and the generations to come.

Through her the Family, with its divine mystery of reproduction, points to Eternity.

Swami Vivekananda has also said "In India the mother is the center of the family and our

highest ideal. She is to us the representative of God, as God is the mother of the universe. It

was a female sage who first found the unity of God, and laid down this doctrine in one of the

first hymns of the Vedas. Our God is both personal and absolute, the absolute is male, the

personal, female. And thus it comes that we now say: The first manifestation of God is the

hand that rocks the cradle.

Women in India: Historical Perspective

In ancient India, women occupied a very important position, in fact a superior

position to, men. It is a culture whose only words for strength and power are feminine -

"Shakti'' means "power'' and "strength.'' All male power comes from the feminine. Literary

evidence suggests that kings and towns were destroyed because a single woman was wronged

by the state. For example, Valmiki's Ramayana teaches us that Ravana and his entire clan was

wiped out because he abducted Sita. Veda Vyasa's Mahabharatha teaches us that all the

Kauravas were killed because they humiliated Draupadi in public. Elango Adigal's

18
Sillapathigaram teaches us Madurai, the capital of the Pandyas was burnt because Pandyan

Nedunchezhiyan mistakenly killed her husband on theft charges.

In Vedic times women and men were equal as far as education and religion was

concerned. Women participated in the public sacrifices alongside men. One text mentions a

female Rishi Visvara. Some Vedic hymns, are attributed to women such as Apala, the

daughter of Atri, Ghosa, the daughter of Kaksivant or Indrani, the wife of Indra. Apparently

in early Vedic times women also received the sacred thread and could study the Vedas. The

Haritasmrti mentions the names of several noteworthy women scholars of the past such as

Kathi, Kalapi, and Bahvici. The Rig Veda also refers to women engaged in warfare. One

queen Bispala is mentioned, and even as late a witness as Megasthenes (fifth century B.C. E.)

mentions heavily armed women guards protecting Chandragupta's palace.

It is not surprising that women in India are often described as having two sharply contrasting

aspects. On the one hand she is put at a high pedestal as goddesses. the other is the clouded

face of the domestic handmaiden trailing behind men in life expectancy, nutrition, health,

education, pay, and other rights on the subcontinent. So the relevant question here is what

Indian women actually are the powerful mother goddess or the domestic handmaidens, have

they been agents of their own destinies or voiceless victims of patriarchy.

Journey of Indian women: Through ages Till Date

Medieval Indian Women

Medieval India was not women's age. It is supposed to be the 'dark age' for them.

Medieval India saw many foreign conquests, which resulted in the decline in women's status.

When foreign conquerors like Muslims invaded India they brought with them their own

culture. For them women was the sole property of her father, brother or husband and she does

19
not have any will of her own. This type of thinking also crept into the minds of Indian people

and they also began to treat their own women like this. One more reason for the decline in

women's status and freedom was that original Indians wanted to shield their women folk from

the barbarous Muslim invaders. As polygamy was a norm for these invaders they picked up

any women they wanted and kept her in their "harems". In order to protect them Indian

women started using 'Purdah', (a veil), which covers body. Due to this reason their freedom

also became affected. They were not allowed to move freely and this lead to the further

deterioration of their status. These problems related with women resulted in changed mindset

of people. Now they began to consider a girl as misery and a burden, which has to be shielded

from the eyes of intruders and needs extra care. Whereas a boy child will not need such extra

care and instead will be helpful as an earning hand. Thus a vicious circle started in which

women was at the receiving end. All this gave rise to some new evils such as Child Marriage,

Sati, Jauhar and restriction on girl education.

Sati

The ritual of dying at the funeral pyre of the husband is known as "Sati" or

"Sahagaman". According to some of the Hindu scriptures women dying at the funeral pyre of

her husband go straight to heaven so its good to practice this ritual. Initially it was not

obligatory for the women but if she practiced such a custom she was highly respected by the

society. Sati was considered to be the better option then living as a widow as the plight of

widows in Hindu society was even worse. Some of the scriptures like 'Medhatiti' had

different views it say that Sati is like committing suicide so one should avoid this.

Jauhar:

It is also more or less similar to Sati but it is a mass suicide. Jauhar was prevalent in

the Rajput societies. In this custom wives immolated themselves while their husband were

20
still alive. When people of Rajput clan became sure that they were going to die at the hands

of their enemy then all the women arrange a large pyre and set themselves afire, while their

husband used to fight the last decisive battle known as "Shaka", with the enemy. Thus

protecting the sanctity of the women and the whole clan.

Bal Vivah (Child Marriage)

It was a norm in medieval India. Girls were married off at the age of 8-10. They were

not allowed access to education and were treated as the material being. The plight of women

can be imagined by one of the shloka of Tulsidas where he writes [r1] "Dhol, gawar, shudra,

pashu, nari, ye sab tadankeadhikari". Meaning that animals, illiterates, lower castes and

women should be subjected to beating. Thus women were compared with animals and were

married off at an early age. The child marriage along with it brought some more problems

such as increased birth rate, poor health of women due to repeated child bearing and high

mortality rate of women and children.

Restriction on Widow Remarriage:

The condition of widows in medieval India was very bad. They were not treated as

human beings and were subjected to a lot of restrictions. They were supposed to live pious

life after their husband died and were not allowed entry in any celebration. Their presence in

any good work was considered to be a bad omen. Sometimes heads of widows were also

shaved down. They were not allowed to remarry. Any woman remarrying was looked down

by the society. This cruelty on widows was one of the main reasons for the large number of

women committing Sati. In medieval India living as a Hindu widow was a sort of a curse .

21
Purdah System:

The veil or the 'Purdah' system was widely prevalent in medieval Indian society. It

was used to protect the women folk from the eyes of foreign rulers who invaded India in

medieval period. But this system curtailed the freedom of women.

Girl Education:

The girls of medieval India and especially Hindu society were not given formal

education. They were given education related to household chores. But a famous Indian

philosopher 'Vatsyayana' wrote that women were supposed to be perfect in sixty four arts

which included cooking, spinning, grinding, knowledge of medicine, recitation and many

more.

Though these evils were present in medieval Indian society but they were mainly

confined to Hindu society. As compared to Hindu society other societies such as Buddhism,

Jainism and Christians were a bit lenient. Women in those societies enjoyed far more

freedom. They had easy access to education and were more liberal in their approach.

According to these religions gender was not the issue in attaining salvation. Any person

whether a man or a woman is entitled to get the grace of god. During the time of king Ashoka

women took part in religious preaching. According to Hiuen Tsang, the famous traveler of

that time, Rajyashri, the sister of Harshavardhana was a distinguished scholar of her time.

Another such example is the daughter of king Ashoka, Sanghmitra. She along with her

brother Mahendra went to Sri Lanka to preach Buddhism.

The status of women in Southern India was better than the North India. While in

Northern India there were not many women administrators, in Southern India we can find

some names that made women of that time proud. Priyaketaladevi, queen of

22
ChalukyaVikramaditya ruled three villages. Another women named Jakkiabbe used to rule

seventy villages. In South India women had representation in each and every field. Domingo

Paes, famous Portuguese traveler testifies to it. He has written in his account that in

Vijaynagar kingdom women were present in each and every field. He says that women could

wrestle, blow trumpet and handle sword with equal perfection. Nuniz, another famous

traveler to the South also agrees to it and says that women were employed in writing accounts

of expenses, recording the affairs of kingdom, which shows that they were educated. There is

no evidence of any public school in northern India but according to famous historian

IbnBatuta there were 13 schools for girls and 24 for boys in Honavar. There was one major

evil present in South India of medieval time. It was the custom of Devadasis.

Devadasis:

It was a custom prevalent in Southern India. In this system girls were dedicated to

temples in the name of gods and goddesses. The girls were then onwards known as

'Devadasis' meaning servant of god. These Devadasis were supposed to live the life of

celibacy. All the requirements of Devadasis were fulfilled by the grants given to the temples.

In temple they used to spend their time in worship of god and by singing and dancing for the

god. Some kings used to invite temple dancers to perform at their court for the pleasure of

courtiers and thus some Devadasis converted to Rajadasis (palace dancers) prevalent in some

tribes of South India like Yellamma cult.

PRESENT POSITION OF WOMEN IN INDIA

The status of women in modern India is a sort of a paradox. If on one hand she is at

the peak of ladder of success, on the other hand she is mutely suffering the violence afflicted

on her by her own family members. As compared with past women in modern times have

achieved a lot but in reality they have to still travel a long way. Their path is full of

23
roadblocks. The women have left the secured domain of their home and are now in the

battlefield of life, fully armored with their talent. They had proven themselves. But in India

they are yet to get their dues. The sex ratio of India shows that the Indian society is still

prejudiced against female. There are 914 females per thousand males in India according to

the census of 2011, which is much below the world average of 990 females. There are many

problems which women in India have to go through daily. These problems have become the

part and parcel of life of Indian women and some of them have accepted them as their fate.

India ranked poorly at global level in Gender Inequality Index (GII) having 129th

position out of 145 countries surveyed. A G-20 survey has ranked India as the worst place for

a woman. The National Crime Records Bureau shows that a crime is committed against a

woman every third minute, a woman is raped every 29th minute, a dowry death occurs every

77th minute and one case of cruelty, committed by either the husband or relative of the

victim, every 9th minute.

Adding to these pathetic conditions, the UNICEFs Global

Report Card on Adolescents 2012, shows that 57 % of boys and 53% of girls in India think

that a husband is justified in hitting or beating his wife.

Furthermore, as per the data issued by the National Crime Records Bureau, Ministry

of Home Affairs, Government of India in the name of SNAPSHOTS 2012, incidences of

crime against women have increased from 2,28,650 in 2011 to 2,44,270 in 2012.The State of

West Bengal alone reported 12.7% of total such cases in the country (30,942 out of 2,44,

270). The proportion of IPC crimes committed against women under total IPC crimes has

increased during last 5 years from 8.9% in the year 2008 to 9.4% during the year 2012.

According Indias constitution, women are legal citizens of the country and have

equal rights with men (Indian Parliament). Because of lack of acceptance from the male

24
dominant society, Indian women suffer immensely. Women are responsible for bearing

children, yet they are malnourished and in poor health. Women are also overworked in the

field and complete all of the domestic work. Most Indian women are uneducated. Although

the countrys constitution says women have equal status to men, women are powerless and

are mistreated. Even though the constitution guarantees free primary schooling to everyone

up to 14 years of age (Indian Parliament), very few females attend school. Only about 39

percent of all women in India actually attend primary schools.

Presently, the main problems by which Indian women encounter includes:

Malnutrition

Generally in India, women are the one who eat last and least in the whole family. So

they eat whatever is left after men folk are satiated. As a result most of the times their food

intake does not contain the nutritional value required in maintaining the healthy body. In

villages, sometimes women do not get to eat the whole meal due to poverty. The UNICEF

report of 1996 clearly states that the women of South Asia are not given proper care, which

results in higher level of malnutrition among the women of South Asia than anywhere else in

the world. This nutritional deficiency has two major consequences for women first they

become anemic and second they never achieve their full growth, which leads to an unending

cycle of undergrowth as malnourished women cannot give birth to a healthy baby

Poor Health

The malnutrition results in poor health of women. The women of India are prejudiced

from the birth itself. They are not breastfed for long. In the want of a son the women wants to

get pregnant as soon as possible which decreases the caring period to the girl child whereas

the male members get adequate care and nutrition. Women are not given the right to free

25
movement that means that they cannot go anywhere on their own if they want and they have

to take the permission of male member of family or have to take them along. This results in

decrease in women's visit to doctor and she could not pay attention to her health as a result.

Maternal Mortality

The mortality rate in India is among highest in the world. As females are not given

proper attention, which results in the malnutrition and then they are married at an early age

which leads to pregnancies at younger age when the body is not ready to bear the burden of a

child. All this results in complications, which may lead to gynecological problems, which

may become serious with time and may ultimately, lead to death.

Lack of education

In India women education never got its due share of attention. From the medieval

India women were debarred from the educational field. According to medieval perception

women need just household education and this perception of medieval India still persists in

villages of India even today. Girls are supposed to fulfill domestic duties and education

becomes secondary for them whereas it is considered to be important for boys. Although

scenario in urban areas has changed a lot and women are opting for higher education but

majority of Indian population residing in villages still live in medieval times. The people of

villages consider girls to be curse and they do not want to waste money and time on them as

they think that women should be wedded off as soon as possible.

The main reason for not sending girls to school is the poor economic condition.

Another reason is far off location of schools. In Indian society virginity and purity is

given utmost importance during marriage and people are afraid to send their girl child to far

off schools were male teacher teach them along with boys.

26
The lack of education is the root cause for many other problems. An uneducated mother

cannot look after her children properly and she is not aware of the deadly diseases and their

cure, which leads to the poor health of the children. An uneducated person does not know

about hygiene this lack of knowledge of hygiene may lead to poor health of the whole family.

Mistreatment

In India violence against women is a common evil. Not just in remote parts but in

cities also women bear the brunt. They are subjected to physical and mental violence. They

are the one who work most but are not given their due. The women is not safe anywhere

neither at home nor at workplace. Every hour a woman is raped in India and every 77 minutes

a woman is burnt to death due to dowry problem. There are many laws such as The Hindu

Marriage Act of 1955, The Hindu Succession Act of 1956, The Hindu Widow Remarriage

Act of 1856, The Hindu Women Right to Property Act of 1937, The Dowry Prohibition Act

of 1961, to protect women and punishment is severe but the conviction rate of crime against

women is very low in India.

Overworked

Indian women work more than men of India but their work is hardly recognized as

they mainly do unskilled work. Their household chores is never counted as a work, if a

woman is working in a field to help her husband it will also be not counted as a work. A

study conducted by Mies in 1986 states that in Andhra Pradesh a woman works around 15

hours a day during the agricultural season whereas a male on an average works for around 7-

8 hours.

27
Lack of power

In India a large percentage of women do not have power. They cannot take decisions

independently not even related to their own life. They have to take permission of male

members for each and every issue. They don't have any say in important household matters

and not in matter of their own marriage.

Marriage

The family mainly fixes the marriages in India. The scenario in villages is very bad.

The girl is not consulted but is told to marry a guy whom her family has chosen for him. They

are taught to abide by the whims and fancies of their husbands. Going against the wishes of

husband is considered to be a sin. In marriage husband always has the upper hand. The groom

and his parents show as if they are obliging the girl by marrying her and in return they

demand hefty dowry.

Dowry

It's a serious issue. Courts are flooded with cases related to death due to dowry

harassment by husband and in laws. In ancient times women were given 'Stridhan' when they

departed from the house of their parents. This amount of money was given to her as a gift

which she can use on her and her children but her in-laws did not have any right on that

amount. This amount was supposed to help the girl in time of need. Slowly this tradition

became obligatory and took the form of dowry. Now-a-days parents have to give hefty

amount in dowry, the in laws of their girl are not concerned whether they can afford it or not.

If a girl brings large amount of dowry she is given respect and is treated well in her new

home and if she does not bring dowry according to expectations of her in laws then she has to

28
suffer harassment. Due to this evil practice many newlywed women of India have to lose

their lives.

Female infanticide and foeticide

As women were supposed to be and in some areas of India are still considered to be

curse by some strata of society their birth was taken as a burden. So in past times they were

killed as soon as they were born. In some of the Rajput clans of Rajasthan newly born girl

child was dropped in a large bowl of milk and was killed. Today with the help of technology

the sex of the unborn baby is determined and if it is a girl child then it is aborted down. In all

this procedure women do not have any say. They have to do according to the wish of their

husbands, even if she does not want to abort she has no choice.

Divorce

The divorce rate in India is not so high compared to western countries but it does not

mean that marriages are more successful here. The reason behind low level of divorce rate is

that it is looked down by the society. It is regarded as the sign of failure of marriage,

especially of women. She is treated as if she has committed some crime by divorcing her

husband. In some communities like Muslims women did not have the right to divorce their

husband they were divorced at just the pronouncement of " I divorce you" by their husband

thrice and they could not do anything except to be the mute spectator. Recently Muslim Law

Board has given right of divorce to women. After divorce women is entitled to get her

"Mehr" for herself and her children's sustenance. In Hindu society women get maintenance

for themselves and their children after divorce.

29
The statistics testifies to the brutalities afflicted on women folk

Social Indicator India World

Infant Mortality Rate, per 1000 live births 73 60

Maternal Mortality Rate, per 100,000 live births 570 430

Female Literacy, % 58 77.6

Female School Enrollment 47 62

Earned Income by females, % 26 58

Underweight Children, % 53 30

Total Fertility Rate 3.2 2.9

Women in Government, % 6 7

Contraception usage, % 44 56

Low birth weight babies, % 33 17

Though there are problems in the lives of Indian women but they are always ready to

fight all the odds and enjoy their life to the full they have their own talent, hobbies, and they

socialize according to Indian custom.

30
WOMEN'S STRUGGLE AND REFORMS

Though women of India are not at par with her counterpart in Western world but she

is struggling hard to make her mark in men's world. We can count on certain names from the

British India where women put the example of extraordinary bravery which even men might

not be able to show. Rani Lakshmi Bai of Jhansi was the one such woman. She was the one

who put even British rulers to shame with her extraordinary feats in battle. She fought for her

kingdom, which Dalhousie, British Governor General, had unlawfully annexed. She was in a

true sense the leader of uprising of 1857. There are certain men who took the cause of women

in India. There have been social reformers like Raja Ram Mohan Roy, Ishwar Chandra

Vidyasagar, Swami Vivekanand, Swami Dayananda Saraswati who have helped women gain

their previous status in society.

Some Bright Spots

India has world's largest number of professionally qualified women.

India has largest population of working women in the world.

India has more number of doctors, surgeons, scientists, professors than the United

States.

WOMEN IN INDIA: POSITION UNDER INDIAN CONSTITUTION

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. Within the framework of a

democratic Polity, our laws, development policies, Plans and programmes have aimed at

womens advancement in different spheres. India has also ratified various international

31
conventions and human rights instruments committing to secure equal rights of women. Key

among them is the ratification of the Convention on Elimination of All Forms of

Discrimination Against Women (CEDAW) in 1993.

Constitutional Provisions

The Constitution of India not only grants equality to women but also empowers the

State to adopt measures of positive discrimination in favour of women for neutralizing the

cumulative socio economic, education and political disadvantages faced by them.

Fundamental Rights, among others, ensure equality before the law and equal protection of

law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex or

place of birth, and guarantee equality of opportunity to all citizens in matters relating to

employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of

specific importance in this regard.

Constitutional Privileges

Equality before law for women (Article 14)

The State not to discriminate against any citizen on grounds only of religion, race,

caste, sex, place of birth or any of them (Article 15 (i))

The State to make any special provision in favour of women and children (Article 15

(3))

Equality of opportunity for all citizens in matters relating to employment or

appointment to any office under the State (Article 16)

The State to direct its policy towards securing for men and women equally the right to

an adequate means of livelihood (Article 39(a)); and equal pay for equal work for

both men and women (Article 39(d))

32
 To promote justice, on a basis of equal opportunity and to provide free legal aid by

suitable legislation or scheme or in any other way to ensure that opportunities for

securing justice are not denied to any citizen by reason of economic or other

disabilities (Article 39 A)

The State to make provision for securing just and humane conditions of work and for

maternity relief (Article 42)

The State to promote with special care the educational and economic interests of the

weaker sections of the people and to protect them from social injustice and all forms

of exploitation (Article 46)

The State to raise the level of nutrition and the standard of living of its people (Article

47)

To promote harmony and the spirit of common brotherhood amongst all the people of

India and to renounce practices derogatory to the dignity of women (Article 51(A)

(e))

Not less than one-third (including the number of seats reserved for women belonging

to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be

filled by direct election in every Panchayat to be reserved for women and such seats

to be allotted by rotation to different constituencies in a Panchayat (Article 243 D(3))

Not less than one- third of the total number of offices of Chairpersons in the

Panchayats at each level to be reserved for women (Article 243 D (4))

Not less than one-third (including the number of seats reserved for women belonging

to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be

filled by direct election in every Municipality to be reserved for women and such

seats to be allotted by rotation to different constituencies in a Municipality(Article

243 T (3))

33
 Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the

Scheduled Tribes and women in such manner as the legislature of a State may by law

provide (Article 243 T (4)).

34
 CHAPTER 3

CRIME AGAINST

WOMEN : TYPES AND

CAUSES

35
Introduction

The semantic meaning of crime against women is direct or indirect physical or

mental cruelty to women. Various kinds of violence against women are eve-teasing,

molestation, bigamy, fraudulent marriage, adultery and enticement of married women

abduction and kidnapping, rape, harassment to women at working place, wife beating, dowry

death, female child abuse and abuse of elderly female etc. Almost every women has

experienced the feeling of being mistreated, trivialized, kept out, put down, ignored,

assaulted, laughed at or discriminated against because of her gender. The alarming rate in the

crimes against women can to a large extent be attributed to the lack of infrastructures for

single working women who have to leave their families at an early age to work away from

home. The most effective strategies are likely to be those that support women to organize

peer groups and mobilize community resources and public services, including womens

health services. Such approaches enable women to overcome resignation to the legitimacy of

the established order are important factor in the perpetuation of imbalances of power between

women and men. If women are to implement their reproductive preferences, then it is

essential that their empowerment occur not only within their personal spheres, but also in the

broader spheres of the community and the state.

Crime against women are rising at an alarming rate. The authorities failed to curb high levels

of sexual and other violence against women and girls, even as reports of such incidents

increased. In modern world where we talk of a civilized society, women liberty and

empowerment, every day the pace of crime against women is rapidly increasing. The crimes

against women and their causes can be categorized under following heads:

36
Sexual Crimes against Women in India

In an age so often characterized as empowering for women and with so much

rhetoric devoted to womens supposed choices about their bodies and sexualities-the

occurrence of rape and sexual coercion of women serve as a sobering reminder of

patriarchys widespread influence. The very offence of Rape seems to be a common one in

India. Rape is a social disease. Hardly a day passes without a case of rape being reported in

Indian newspapers and media. Women belonging to lower castes and tribal communities

seems to be more at risk. What seems to be sad about rape in India is the lack of seriousness

with which the crime is often treated. Statistics of National Crime Records Bureau (NCRB)

for the year 2013 shows, 93 women are being raped in India every day. According to NCRB

data, there is a gradual increase in the number of rapes reported in India - from 24,923 in

2012 to 33,707 in 2013. Womens groups attest that the strict and conservative attitudes about

sex and family privacy contribute to ineffectiveness of Indias rape laws. Victims are often

reluctant to report rape. In an open court victims must prove that the rapist sexually

penetrated them in order to get a conviction. This can be especially damaging. After proving

that she has been raped, a victim is often ostracized from her family and community. This

problem is exacerbated by the fact that rape laws are inadequate and definitions so narrow

that prosecution is made difficult.

Rape: Meaning and Types

Rape is a type of sexual assault usually involving sexual intercourse, which is initiated

by one or more persons against another person without that person's consent. The act may be

carried out by physical force, coercion, abuse of authority or against a person who is

incapable of valid consent, such as one who is unconscious, incapacitated, or below the legal

age of consent.

37
"Rape is a crime not only against the person or a woman, it is a crime against the entire

society. It destroys the entire psychology of a woman and pushes her into deep emotional

crisis. Rape is therefore the most hated crime. It is a crime against basic human rights and is

violative of the victims most cherished right, namely, right to life which includes right to

live with human dignity contained in Article 21.

Rape is one of the most heinous crimes, impacting the victim for life. Given its enormity, it

should be considered next only to murder. Sadly, it has not been given the attention it needs

by social scientists, law makers and justice dispensers. The deep chauvinism that runs

through Indias public institutions is apparent from the level of local councils (khap

panchayats) to the highest levels of the judiciary. So to save themselves from rape second

time during process of so called getting justice they prefer to keep mum. Another reasons is

the pressure to seek proof, the fear of fighting a superior, the likely impact on career, and

adverse publicity prevent women from reporting sexual harassment.

Sexual crime by minors are on a rise, when two Class IX boys attempt to rape a Class

I girl, as in a Bathinda school recently, it is time of introspection for society. What kind of

signals are we sending out to our youth? More than 50% of Indias population is below the

age of 25 and over 65% below the age of 35. This way we have big human resource which

can take our country to great heights, but if this asset is not channelized in the right direction,

it can prove to be the biggest source of destruction Since the people of this age group are

most venerable and prone to vices. Recently we have received a very disturbing data showing

that Over 33,000 juveniles, mostly between the age group of 16 to 18, have been arrested for

crimes like rape and murder across the country in 2011, the highest in last decade.

Rape is one of the most common and frequent of crimes against women in India. It has many

forms: "landlord rape;" rape by those in authority of women employees or juniors within the

38
workplace; "marital rape;" "caste rape," in which caste hierarchy is exercised to rape lower-

caste or tribal women; "class rape;" "police rape;" and "army rape." For working class, tribal

and Dalit women, rape can occur both in their homes and on their land. The scale and

frequency of police rape is quite startling in India: police records show the number of rapes

by "government servants" in rural and tribal areas exceed one a day in Delhi.

Custodial Rape

Custodial rape is a form of rape which takes place while the victim is "in custody" and

constrained from leaving, and the rapist or rapists are an agent of the power that is keeping

the victim in custody. When it happens in prison, it is known as prison rape. While some

definitions of custodial rape define it as taking place in a state-owned institution, and

perpetrated by a state agent, the term more generally refers to any situation where the power

of a state agent is used to enable rape; thus, when prisoner-on-prisoner rape happens as a

result of neglect by the prison authorities, it may be considered custodial rape.

Custodial rape is an endemic problem in certain nations; some police forces who have been

charged with numerous instances of custodial rape have responded by instituting mandatory

"virginity tests" for all female prisoners to "prove" that sexual assault has not happened

during custody, despite the objection of gynecologists that virginity is not medically

verifiable, and protests from human rights organizations that such tests are so invasive as to

constitute sexual assault in themselves.

The rape of persons in custody was part of a broader pattern of custodial abuse. NGOs

asserted that rape by police, including custodial rape, was more common than NHRC figures

indicated. A higher incidence of abuse appeared credible, given other evidence of abusive

behavior by police, and the likelihood that many rapes went unreported due to the victims

shame and fear of retribution. However, legal limits placed on the arrest, search, and police

39
custody of women appeared to reduce the frequency of rape in custody. There were no recent

NHRC data on the extent of custodial rape.

Gang rape

Gang rape occurs when a group of people participate in the rape of a single victim.

Rape involving at least two or more violators is widely reported to occur in many parts of the

world. However systematic information on the extent of the problem, is scant. One study

showed that offenders and victims in gang rape incidents were younger with a higher

possibility of being unemployed. Gang rapes involves more alcohol and other drug use, night

attacks and severe sexual assault outcomes and less victim resistance and fewer weapons than

individual rapes. Another study found that group sexual assaults were more violent and had

greater resistance from the victim than individual sexual assaults and that victims of group

sexual assaults were more likely to seek crisis and police services, contemplate suicide, and

seek therapy than those involved in individual assaults. The two groups were about the same

in the amount of drinking and other drug use during the assault.

Incest

Incest is sexual activity between family members and close relatives. This may

include sexual activity between people in a consanguineous relationship (blood relations), or

related by affinity, such as members of the same household, step relatives, those related by

adoption or marriage, or members of the same clan or lineage.

Digital Rape

Digital rape is manual manipulation of clitoris, vulva, vagina, or anus for purpose of

sexual arousal and stimulation by use of fingers, sticks, bottles, objects etc. In a case of

digital rape, where a 19-year-old used a wooden stick to criminally assault an 80-year-old

40
destitute woman, a Sessions court awarded 10 years rigorous imprisonment to the convict,

while exhorting the legislature to expand the definition of rape to include digital rape, male

rape, oral rape, anal and rectal rape. Digital rape has been included in the definition of rape

recently by new amendment in criminal law.

Marital Rape

Marital Rape refers to unwanted intercourse by a man with his wife obtained by force,

threat of force, or physical violence, or when she is unable to give consent. Marital rape could

be by the use of force only, a battering rape or a sadistic/obsessive rape. It is a non-

consensual act of violent perversion by a husband against the wife where she is physically

and sexually abused. The much awaited Domestic Violence Act, 2005 (DVA) has also been a

disappointment. It has provided civil remedies to what the provision of cruelty already gave

criminal remedies, while keeping the status of the matter of marital rape in continuing

disregard. Section 3 of the Domestic Violence Act, amongst other things in the definition of

domestic violence, has included any act causing harm, injury, anything endangering health,

life, etc., mental, physical, or sexual. Also marital rape has not been included in definition of

rape in new criminal amendment.

Marital rape occurs when one spouse forces other to take part in certain sex acts

without others consent. It is a form of intimate partner violence, i.e., an abuse of power by

which one spouse attempts to establish dominance and control over the other. Research

shows that it can be equally, if not more, emotionally and physically traumatizing than rape

by a stranger.

While every state has its own laws on the subject, broadly defined, marital rape includes any

unwanted intercourse or penetration (vaginal, anal, or oral) obtained by force, threat of force,

41
or when the wife is unable to consent. Marital rape is a serious form of violence that can have

life-shattering effects for its victims.

Factors Adding Fuel to the Agony of Rape Victims

Less Conviction Rate

Another cause for increasing crime against women is less conviction rate in crime

against women .This is result of apathy towards these crimes tendency of our phallocentric

society to condone this type of crime or to take them lightly and for granted. Recent police

data has confirmed the above view held by our patriarchal society as it shown that there is

only 19% conviction in rape cases. According to this data in last three years i.e. from 2011 to

2013 there is 120% rise in rape crimes, but conviction rate is miserably low and lack of

evidence is generally cited as reason for this. But basic cause for this is that investigation into

crimes against women continue to be shoddy and slow and, at times, are deliberately botched.

This is so because a very large number of officers and men in the police force share with the

backwoodsmen of the country stupid views that by coming out after dark in western clothes

women provoke men to rape them.

According to 2002 records from the National Crime Records Bureau (NCRB), the

latest available, courts tried 132 policemen for custodial rape, but only 4 were convicted. The

Ministry of Defense reported that it filed 17 rape cases and 10 murder cases against army

personnel from 2003-2004. To date, one rape case and five murder cases ended in guilty

verdicts. In the remaining cases, the investigations remained ongoing or the charges were

proved false.

42
 CHAPTER 4

CRIMES AGAINST

WOMEN: SOME

PATRIARCHAL

DISTURBING TRENDS

43
 Men are taught to apologize for their weaknesses, women for their strengths.

-Lois Wyse

Honour Killing: Meaning and Recent Incidents

The words honour killings and honour crimes are being used loosely as a convenient

expressions to describe the incidents of violence and harassment caused to the young couple

intending to marry or having married against the wishes of the community or family

members. They are used more as catch phrases and not as apt and accurate expressions. It is

unjustified to call cold bloodied murders of young people as honor killing. Human Rights

watch defines honor killing as Honor killings are acts of vengeance, usually death,

committed by male family members against female family members, in response to a belief

that the women have offended a familys honor and have brought shame to family unit. A

woman can be targeted by (individuals within) her family for a variety of reasons, including:

refusing to enter into an arranged marriage, being the victim of a sexual assault, seeking a

divorceeven from an abusive husbandor (allegedly) committing adultery. This uncovers

the core of subjugation of women by a specifically male violence on which the social order is

dependent, an order that is shot through with hypocrisy and cowardice. The mere perception

that a woman has behaved in a way that "dishonors" her family is sufficient to trigger an

attack on her life. Men can also be targeted by honor killings, but more rarely (for example in

the case of homosexuality).

The spate of honor killings in the country in the past decade has led the government to

think of new laws that should be put in place to stop this heinous crime.

Thousands of young people in India have been done to death every year owing to

'Honor Killings' linked to forced marriages and the country needs to introduce stringent

44
legislation to deal firmly with the heinous crime. In Haryana, Rajasthan and Delhi region, an

estimated hundred young men and women are killed on the orders of so called khap

panchayats.

Main Causes

The practice is mostly associated with Muslim cultures (sometimes in minority

Muslim groups in the West), although there is no support for the act in Islam. And it

does occur in other cultures as well. In India, more than 5.000 brides are killed

annually because their marriage dowries are considered insufficient. (However, one

can argue that honor is not the main motivation in such cases). It also occurred in

some Latin cultures ( crime of passion is often still a mitigating circumstance). In

Muslim countries, the practice is seen by some as a justified enforcement of religious

rules, and therefore not strictly a matter of honor. This is corroborated by the fact that

sometimes the killings are perpetrated against women by individuals who are not

close relatives, but who claim enforcement of religious rules as their motive. In Iraq,

for example, honor killings are conducted by armed insurgent groups on politically

active women and those who did not follow a strict dress code, and women who are

perceived as human rights defenders.

There is a strong correlation between honor killings and illiteracy rates.

Men often use honor killings to assert their dominant patriarchal status. Women in the

family may support the practice in order to preserve the honor of other female family

members and to preserve their chances of getting married in the community. Its a

kind of purge or purification.

Some claim that the practice goes back to ancient motivations based on anxieties

about reproductive power. Women, who were considered by the tribe to be a factory

45
 for making men, were forced through honor killings to obey the mans family

planning and not to reproduce outside of the tribe or the extended family.

In a society where marriages are arranged by fathers and money is exchanged, a

womans desire to choose her own husband is a financial problem, one which can be

translated in terms of honor.

In a landmark judgment in March 2010, Karnal district court ordered the

execution of the five perpetrators of an honor killing and imprisoning for life, the khap

(local caste-based council) head who ordered the killings of Manoj Banwala (23) and

Babli (19), a man and woman of the same clan who eloped and married in June 2007.

Despite having been given police protection on court orders, they were kidnapped; their

mutilated bodies were found a week later in an irrigation canal. Even after this, the

incidents of honor killings continue unabated and a very recent example is evident in the

form of barbaric murder of a young couple in a village near distt. Rohtak of Haryana.

Need for Prevention of Heinous Crime of Honour Killing

To prevent such crimes from being committed firstly the mentality and social

outlook of the people has to be changed. There is no honor involved in killing of innocent

young people and actually whose honor is being talked about. When we say that

mentality has to be changed, we mean to say that parents should accept their childrens

wishes regarding marriage as it is they who have to lead a life with their life partners and

if they dont have a good understanding then their life will be horrible that might even

end up in suicide. Moreover no human being has any right to write death sentence for a

fellow human being on such frivolous issues.

In 1990, the National Commission for Women set up a statutory body in order

to address the issues of honor killings among some ethnic groups in North India. This

body reviewed constitutional, legal and other provisions as well as challenges women

46
face. The NCW's activism has contributed significantly towards the reduction of honor

killings in rural areas of North India.

In June 2010, scrutinizing the increasing number of honor killings, the Supreme Court of

India issued notices to the Central Government and six states including Uttar Pradesh,

Punjab, Haryana and Rajasthan to take preventive measures against honor killings.

Sexism and Female Stereotypes

Sexism and female stereotypes in media support negative and incorrect

thinking about women in the workplace. In the Globe and Mail, Canadas National

Newspaper, ran an article by the papers Indian correspondent Stephanie Nolen entitled,

Female face of power reflects change in India. The story is about how Nolen sees it is a

paradox that five of Indias leading political power brokers are women. Nolen says, it is

startling in the context of the intense discrimination against women and girls that

permeates every aspect of life across class, communities and geography here. Such kind

of remarks against women in politics or at any other position of power be it in business,

sports, finance sector or any other field are common.

47
Cyber Crime against Women in India

Criminal activities that are traditional in nature, such as theft, fraud, forgery,

defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of

computers has also given birth to a gamut of new age crimes that are addressed by the

Information Technology Act, 2000. Which has been amended several times and latest in 2008

to bring fast growing cyber crimes under its ambit.

We can generally categorize Cyber crimes in two ways:

1. The Computer as a Target :-using a computer to attack other computers. e.g. Hacking,

Virus/Worm attacks, DOS attack etc.

2. The computer as a weapon :-using a computer to commit real world crimes. e.g.

Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc.

Cyber crimes against women can be characterised under following heads:

Amongst the various cyber crimes committed against individuals and society at large

the crimes which can be mentioned as specially targeting women are as follows:

HARASSMENT VIA E-MAILS:

This kind of harassment is not a new phenomenon. Women are victim of e-mail

harassment from the very beginning.

E-mail and IRC related crimes

Email Spamming

Email "spamming" refers to sending email to thousands and thousands of users -

similar to a chain letter. Sending malicious codes through email. E-mails are used to

send viruses, Trojans etc through emails as an attachment or by sending a link of

website which on visiting downloads malicious code.

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 Email bombing

E-mail "bombing" is characterized by abusers repeatedly sending an identical email

message to a particular address.

Sending threatening emails

Defamatory emails

Email frauds

Defamation

Defamation can be understood as the intentional infringement of another person's

right to his good name. Cyber Defamation occurs when defamation takes place with the help

of computers and / or the Internet. e.g. someone publishes defamatory matter about someone

on a website or sends e-mails containing defamatory information to all of that person's

friends. Information posted to a bulletin board can be accessed by anyone. This means that

anyone can place defamatory matter against you. Cyber defamation is also called as Cyber

smearing.

Cyber Stalking

Cyber stalking involves following a persons movements across the Internet by posting

messages (sometimes threatening) on the bulletin boards frequented by the victim, entering

the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc.

Identity Theft

Identity theft is the fastest growing crime in countries like America. Identity theft

occurs when someone appropriates another's personal information without their knowledge to

commit theft or fraud. Identity theft is a vehicle for perpetrating other types of fraud schemes.

49
Pornography

The literal meaning of the term 'Pornography' is describing or showing sexual acts

in order to cause sexual excitement through books, films, etc.

This would include pornographic websites; pornographic material produced using

computers and use of internet to download and transmit pornographic videos, pictures,

photos, writings etc.

Adult entertainment is largest industry on internet. There are more than 420 million

individual pornographic web pages today.

Research shows that 50% of the web-sites containing potentially illegal contents

relating to child abuse were Pay-Per-View. This indicates that abusive images of children

over Internet have been highly commercialized.

Pornography delivered over mobile phones is now a burgeoning business, driven by

the increase in sophisticated services that deliver video clips and streaming video, in addition

to text and images.

Effects of Pornography

Research has shown that pornography and its messages are involved in shaping

attitudes and encouraging behavior that can harm individual users and their families.

Pornography is often viewed in secret, which creates deception within marriages that

can lead to divorce in some cases.

In addition, pornography promotes the allure of adultery, prostitution and unreal

expectations that can result in dangerous promiscuous behavior.

50
STALKING

Stalking is a phenomenon which could turn out to be a frightening experience for any

women. It is common to hear mothers tutoring their young daughters to be wary of strangers

who might trail them. Young working women who stay alone in metro cities prove to be soft

targets and are prone to be stalked. Even older woman encounter such behavior while

walking/jogging or even shopping. Girls pursuing their University education may even be

stalked by a fellow student. A women belonging to any age group is susceptible to it. It has

been seen in many cases that before committing a sexual offense or launching a physical

attack the criminal stalks the victim. Also, the stalker might fling acid on the face of the

victim to take revenge of some sort. Stalking can be defined as, the willful and repeated

following, watching, and / or harassing of another person. Most of the time, the purpose of

stalking is to attempt to force a relationship with someone who is unwilling or otherwise

unavailable. Unlike other crimes, which usually involve one act, stalking is a series of actions

that occur over a period of time. Although stalking is illegal, the actions those contribute to

stalking are usually legal, such as gathering information, calling someone on the phone,

sending gifts, emailing or instant messaging. Such actions by themselves are not usually

abusive, but can become abusive when frequently repeated over time. The murder of 20-year-

old Delhi University student Radhika Tanwar by her stalker highlights the plight of a large

number of women in India. Radhika was shot dead in broad daylight by a man who had

allegedly been stalking her for the past three year. In the absence of a specific anti-stalking

law in the country, women have little choice other than ignoring the unsolicited advances of

stalkers. The most that the police can do in routine stalking cases is lock up the stalker for 24

hours; charging the offender under laws for sexual harassment not amounting to assault being

inadequate. In 2008, the Bombay High Court had echoed the need for a stringent anti-stalking

law, noting that the act of stalking amounts to severe mental and emotional trauma for the

51
victims. As in Radhika's case, stalkers may graduate to murder (or rape). Thus, it is vital to

nip the problem in the bud. With changing socio-economic trends and women increasingly

becoming an integral part of the workforce, it is imperative to ensure women's safety in the

public sphere. Presently, the law doesn't even recognise stalking as a crime. Hence, measures

such as setting up anti-stalking cells are largely ineffective. It is important to have a

sophisticated law that acts as a deterrent and takes cognizance of realities such as cyber

stalking, which too is on the rise. In countries such as the US and Canada, anti-stalking laws

provide for fines and restraining orders that prohibit stalkers from coming within a specified

distance of the victim. There is no reason why this cannot be replicated. Our lawmakers

would do well to take the first step.

Types of Stalkers and factors responsible

A nuance understanding of the phenomenon will help us to deal with it

effectively, so we must know what might motivate a stalker. In the Book- Stalkers and

their victims, Paul E. Mullen has categorized stalkers into five categories on the basis

of their psychology.

Rejected stalkers- They pursue their victims to avenge a rejection in

relationship (It could be a break-up, divorce etc). They might even stalk in hopes of

mending the relation.

Resentful stalker- They stalk because they carry a sense of grievance against

the victim. They might wish only to terrify or frighten. It gives them a pleasure to see

victim in distress.

Intimacy seekers- They seek to initiate an intimate relationship with the

victim. They perceive the victim to be the soul mate and assume that they both are

meant to be together forever.

52
 Incompetent suitors- They have poor social or courting skills but feel entitled

to have an intimate relation with a particular person. It can also be understood as a

case of fixation with a person who holds their amorous interest.

Predatory stalkers- They spy on the victim to ascertain their routine activities so that

an attack could be planned accordingly. The attack is usually sexual in nature.

Position of Law Relating to Stalking in India

Surprisingly there was no separate penal provision for the nuisance of stalking in

India till 2013. Even if the police have to record an FIR, they file it under sections covering

obscenity, outraging modesty of a woman or criminal intimidation, depending on the acts of

the stalker. It was only by Criminal Law (Amendment) Act, 2013 that stalking has been

added as a separate offence. In countries like U.S.A the laws relating to stalking are pretty

stringent. Severe punishments are prescribed for those who indulge in such despicable

behavior.

53
ACID ATTACKS

When acid is thrown on a person, the results can be horrifying. Nitric, hydrochloric,

or sulfuric acids all have a catastrophic effect on human flesh. It causes the skin tissue to

melt, often exposing the bones below the flesh, sometimes even dissolving the bone. When

acid attacks the eyes, it damages these vital organs permanently. Many acid attack survivors

have lost the use of one or both eyes. The victim is traumatized physically, psychologically

and socially.

Collecting data from newspapers and NGOs, the authors found that at least 153 acid

attacks occurred in India between 2002 and 2010; 3,000 occurred in Bangladesh between

1999 and 2010; and 271 occurred in Cambodia between 1985 and 2010. Many attacks are

never reported, however, and countries themselves do not keep records; so the authors note

that actual numbers are likely much higher.

An acid attack on your body would dramatically change your life. Most survivors of an acid

attack are forced to give up their education, their occupation and other important activities in

their lives. This is because recovering from the trauma takes up most of their time and

because the disfigurement they have to bear debilitates and handicaps them in every

conceivable way.

The scars left by acid are not just skin deep, victims are most often faced with social

isolation and ostracism that further damages their self esteem, self-confidence and seriously

undermines their professional and personal future. Women who have survived acid attacks

have great difficulty in finding work and if unmarried, as many victims tend to be, they have

very little chance of ever getting married, which in a country like ours is socially isolating.

54
The photographs are horrific; the experience is unthinkable. But disfiguring and deadly acid

attacks on women are on the rise , according to a new comprehensive report released on

January. 27, 2011. And while international human rights law requires countries to take action

against them, much more needs to be done.

Main Causes

The victims are attacked for many reasons. In some cases, the attack takes place

because a young girl or woman has spurned the sexual advances of a male or has rejected a

proposal of marriage. Recently, however, there have been acid attacks on children, older

women and sometimes also men. These attacks are often the result of family or land disputes,

dowry demands or a desire for revenge.

Reasons for acid attacks during the years, the highest rate of occurrence took place over Land

Disputes and Family dispute, the next highest rate of these brutal incidents are due to refusal

of relationship/sex throughout the country.

Recent Incidents

In a gruesome incident, a 22-year old woman suffered serious burn injuries when a

middle-aged person poured acid on her for allegedly rejecting his proposal for marriage at

Aranmula, Kerala.The victim, Anjali Krishana, a staff of a private school, was admitted to

Medical College at Kottayam along with her mother who tried to save her from the attack.

According to family sources, the man, a divorcee, used to harass her with marriage proposal.

However, the woman and her family had not shown interest in the alliance.

In another such incident police have launched a manhunt for unidentified

motorcyclists who reportedly threw acid on a 25-year-old woman while she was travelling in

an autorickshaw . The incident took place in Dharavi Mumbai, when Jamuna Dera was

55
returning to her Chembur home from Kherwadi. An investigator said they suspect the crime

was committted by someone known to the victim who works at a bar in Kherwadi . "It could

be the victim's boyfriend or some customer who wanted to take revenge for an unknown

reason.

A routine trip back home after taking tuitions turned ghastly for two young women in

Jaipur when two motorcycle-borne youth threw acid on their faces. The attackers were

arrested within an hour, after passersby rushed the victims to the Sawai Man Singh Hospital

and informed the police. The two women aged 20 and 21 were walking past a busy

marketplace, when they were intercepted by the accused. Cops hinted at a spurned marriage

proposal as the reason behind the attack.

56
 CHAPTER 5

CRIME AGAINST

WOMEN : SOCIO - LEGAL

MEASURES, AND SOCIAL

PERCEPTION

57
INTRODUCTION

The Constitution of India provides for special treatment of women, guarantees

equality and prohibits discrimination. Women continue to be treated as the single largest

under- privileged group in India. In such a context the role of justice is specially vital and

important. The government of India has been strengthening various laws focused on women

and children. A visible effort in this direction is made since the Beijing CEDAW Conference.

The recent years have been witness to some landmark interpretations and directives related to

Violence against Women. Despite the constitutional mandate of equal legal status for men

and women, the same is yet to be realized. The dejure laws have not been translated into

defacto situation for various reasons such as illiteracy, social practices, prejudices, cultural

norms based on chauvinistic values, poor representation of women in policy-making, poverty,

regional disparity in development, lack of access and opportunity to information and

resources, etc. The ground situation more or less remains the same. The situation of law and

order has been deteriorating day by day and crime against women is increasing unabated. But

the view after Nirbhya case and its strong reaction in Delhi make government strictly think

in this matter and accordingly amendment 2013 in criminal law has been brought. Also

various other laws has also been brought, changed or amended to take stock of the situation.

Such laws has been discussed as under:

The rhetoric on remedies of rape moves in circles from capital punishment for rape

to financial compensation to the victims to out of court settlements to getting the victim

married with the culprit. The womans need for dignity of course takes the back seat. Despite

an uninterrupted discourse on the subject over the past several decades, governments and

society are yet to evolve a cast-iron system to deal with the crime and the criminals.

58
RAPE

Justice Verma Committee Report

Rape has become the most ferocious problem today, no matter local or foreigners

women from all strata of women are victims of this vice today. The rhetoric on remedies of

rape moves in circles from capital punishment for rape to financial compensation to the

victims to out of court settlements to getting the victim married with the culprit. The

womans need for dignity of course takes the back seat. Despite an uninterrupted discourse

on the subject over the past several decades, governments and society are yet to evolve a

cast-iron system to deal with the crime and the criminals. The strong public outburst against

crime against women is seen after the Nirbhaya tragedy in delhi, where there was a huge

outcry from people regarding the insufficient laws. So the government under the

chairmanship of Justice Verma formed a committee comprising three members. The

Commission has recommended comprehensive changes in criminal laws to deal with crimes

and atrocities against women which are as space under.

Punishment for Rape

The panel has not recommended the death penalty for rapists. It suggests that the

punishment for rape should be rigorous imprisonment or RI for seven years to life. It

recommends that punishment for causing death or a "persistent vegetative state" should be RI

for 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.

59
Punishment for other sexual offences

The panel recognised the need to curb all forms of sexual offences and recommended

- Voyeurism be punished with upto 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.

WOMEN TRAFFICKING IN INDIA

Each year millions of people are trafficked both domestically and internationally in

India. Approximately 75-80% of human trafficking is for sex. There are more human slaves

in the world today than ever before in history. There are an estimated 27 million adults and

13 million children around the world who are victims of human trafficking. Human

trafficking not only involves sex and labor, but people are also trafficked for organ

harvesting. Although human trafficking is often a hidden crime and accurate statistics are

difficult to obtain, Researchers estimate that more than 80% of trafficking victims are female.

Over 50% of human trafficking victims are children. It is estimated that 10% of the

trafficking in person in India is international and 90% domestic. According to US state

department, India is both a source and transit country for trafficking, as well as one of the

most popular trafficking destinations in south east Asia.

The forced labor of an estimated 20 to 55 million citizens constitutes India's largest

trafficking problem; men, women, and children in debt bondage are forced to work in

industries such as brick kilns, rice mills, agriculture, and embroidery factories. Trafficking

between Indian states is rising due to increased mobility, rapid urbanization, and a growth in

60
a number of industries that use forced labor such as construction, textiles, cable, biscuit

factories, and floriculture. An increasing number of job placement agencies lure adults and

children for sex trafficking or forced labor, including domestic servitude, under false

promises of employment. Activists estimate 20 percent of domestic workers who are rescued

from Delhi homes complain of sexual abuse, either by the employer or those in job placement

agencies. In addition to bonded labor, children are subjected to forced labor as factory

workers, domestic servants, beggars, agricultural workers, and, in some areas of rural Uttar

Pradesh, as carpet weavers. Begging ringmasters sometimes aim children as a means to earn

more money. Boys from Nepal and Bangladesh are subjected to forced labor in coal mines in

the state of Meghalaya. Some NGOs noted a small reduction of the forced labor of boys from

Bihar, within that state.

Definition: Substitution of new Sections 370 and 370-A for Section 370

To specifically cover all aspects of trafficking two new sections namely section 370

and 370 A have been inserted in Indian Penal Code, 1850 in place of section 370 by 2013

amendment in criminal laws.

International Convention on combating trafficking in women and children

India has been signatory to many treaties in order to tackle the issue of trafficking

with increasing emphasis on a human rights perspective from the angle of protection of the

victims.

Some of these include:

1. The Convention on the Elimination of All Forms of Discrimination against Women (1979).

2. The Convention on the Rights of the Child (1989).

61
3. The International Convention on the Protection of Rights of All Migrant Workers and

Their Families (1990).

4. The Hague Convention on the Protection of Children and Cooperation in Respect of Inter

Country Adoptions (1993).

5. The Inter-nation Labor Organizations Convention No 182 Concerning the Prohibition and

Immediate Action for the Elimination of the Worst Forms of Child Labor (1999). 5. The

Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child

Pornography (2000).

State Liability

The Government of India and the various states have failed in their duty as the

problem of prostitution is a serious violation of Fundamental Rights as enshrined in Article

21 and Article 23 of the Constitution of India. India is also a signatory to international

conventions such as the Convention on Rights of the Child (1989), Convention on

Elimination of all forms of Discrimination Against Women (1979), UN Protocol to Prevent,

Suppress and Punish Trafficking in Persons, especially Women and Children (2000) and the

latest South Asian Association for Regional Cooperation (SAARC) Convention on

Preventing and Combating Trafficking in Women and Children for Prostitution (2002). The

Constitutional , International, Statutory obligations and orders of the Honorable Supreme

Court makes it mandatory for the Government of India and the different state Government to

combat this heinous organised crime and also to provide support to the victims of

Prostitution.

62
Provisions under the Constitution of India

Under Article 23(1), prohibits trafficking in Human beings and forced labor. The

relevant provisions under the Indian Penal Code (IPC) are 293, 294, 317, 339, 341, 342, 354,

359, 351, 352, 353, 355 and 355, 370, 371, 372, 373, 375, 375, 495, 498, 505, 509 and 511.

The suppression of HUMAN TRAFFIC IN WOMEN AND GIRLS Act 1955 (SITA) was

enacted under Article 35 of Indian Constitution with the object of inhibiting or abolishing

trafficking in women and girls. In 1978, SITA was amended. This was owing to the

realization that this social evil needed to be curbed and that the existing provisions had failed

to do so. In 1985, SITA was drastically amended and renamed the Immoral Traffic

(Prevention) Act, 1955. India also prohibits bonded and forced labor through the Bonded

Labor (Abolition) Act of 1975, the Child Labor (Prohibition and Regulation) Act of 1985,

and the Juvenile Justice Act of 1985. According to trafficking in persons report (2009), these

laws were ineffectively enforced, and their prescribed penaltiesa maximum of three years in

prisonare not sufficiently stringent. Indian authorities also use Sections 355(A) and 372 of

the Indian Penal Code, prohibiting kidnapping and selling minors into prostitution,

respectively, to arrest traffickers. Penalties prescribed under these provisions are a maximum

of ten years' imprisonment and a fine. Although Section 8 of the ITPA allows the arrest of

trafficked women for soliciting, the Indian cabinet debated for another year proposed

amendments that would give trafficking victims greater protections. We have made

significant progress in law enforcement efforts against sex trafficking and forced child labor

but lot more is required to be done to address the issue. The central government and state

governments continued to demonstrate efforts to combat sex trafficking of women and

children, though convictions and punishments of sex traffickers were infrequent according to

the report.

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The central government's National Crime Records Bureau data, compiled from state and

union territory governments, on actions taken against sex trafficking offenses in 2007-2008.

The 2007 data indicated that 4,087 cases were registered (investigations started) which likely

includes sex trafficking cases referred to courts for prosecution as well as cases investigated

and closed without such referrals. This data did not include reported prosecutions and

convictions. In Andhra Pradesh, Bihar, Maharashtra, Goa, and West Bengal (with a

combined population of 350 million people), government officials registered 954 sex

trafficking cases, conducted 379 rescue operations, helped rescue 1,553 victims, arrested

1,970 traffickers (including 855 customers), convicted 30 sex traffickers, helped rehabilitate

875 sex trafficking victims, and trained 13,490 police officers and prosecutors. In Mumbai,

authorities prosecuted 10 sex trafficking cases but obtained no convictions in 2008. In

Andhra Pradesh, courts convicted and sentenced eleven traffickers to imprisonment for 10 to

14 years. Tamil Nadus state government reported arrests of 1,097 sex trafficking offenders

in 2008, though the number of trafficking prosecutions and convictions during the reporting

period was not reported. The city of Pune attained its first sex trafficking conviction in 2008.

SAARC Convention on Preventing and Combating the Trafficking in Women and

Children for Prostitution

The Member States of the South Asian Association for Regional Cooperation

(SAARC), Parties to the present Convention emphasised that the evil of trafficking in women

and children for the purpose of prostitution is incompatible with the dignity and honor of

human beings and is a violation of basic human rights; Recalling the decision of the Ninth

SAARC Summit (May, 1997) that the feasibility of a regional Convention to combat the

grave crime of trafficking in women and children for prostitution should be explored:

Recalling also the relevant international legal instruments relating to prevention of trafficking

in women and children, including the Convention for the Suppression of Trafficking in

64
Persons and of the Exploitation of Prostitution of Others, 1949; Convention on the

Elimination of all Forms of Discrimination against Women, 1979; International Covenant on

Civil and Political Rights, 1955; and the Convention on the Rights of the Child, 1989;Giving

due regard to the implementation of the recommendations of the various pertinent

International Bodies and Conferences including the Fourth World Conference on Women at

Beijing (1995).

Noting with concern the increasing exploitation by traffickers of women and children

from SAARC countries and their increasing use of these countries as sending, receiving and

transit points.

Recognizing in this regard the importance of establishing effective regional

cooperation for preventing trafficking for prostitution and for investigation, detection,

interdiction, prosecution and punishment of those responsible for such trafficking;

Emphasising the need to strengthen cooperation in providing assistance, rehabilitation and

repatriation to victims of trafficking for prostitution.

PROBLEM OF DOWRY

Meaning and Ingredients of Dowry Crime under Indian Penal Code:

Definition of Dowry

According to Section 2 of The Dowry Prohibition Act, 1951. In this act, `dowry means any

property or valuable security given or agreed to be given either directly or indirectly-

by one party to a marriage to the other party to the marriage; or

by the parents of either party to a marriage or by any other person, to either

party to the marriage or to any other person; at or before or any time after the

marriage in connection with the marriage of said parties but does not include dower or

mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

65
Dowery Deaths

a. Definition u/s 304B

We have dealt with various posts, relating to the Law of Dowry in India. The

Supreme Court in Satya Narain Tiwari @ Jolly v. State of UP went to the extent of observing

that Bride Burning cases should be treated as 'rarest of the rare'. In a recent case of Bachni

Devi v. State of Haryana, Justice R.M. Lodha examined the relevant provisions of Section

304 B of the IPC, as under;. Section 304B was inserted in IPC with effect from November 19,

1985 by the Dowry Prohibition (Amendment) Act, 1985 (for short, `(Amendment) Act,

1985). Thereby substantive offence relating to `dowry death' was introduced in the IPC.

Section 304-B IPC reads as follows :

Section 304B. Dowry death.

1. Where the death of a woman is caused by any burns or bodily injury or occurs

otherwise than under normal circumstances within seven years of her marriage and it

is shown that soon before her death she was subjected to cruelty or harassment by her

husband or any relative of her husband for, or in connection with, any demand for

dowry, such death shall be called "dowry death", and such husband or relative shall be

deemed to have caused her death.

2. Whoever commits dowry death shall be punished with imprisonment for a term which

shall not be less than seven years but which may extend to imprisonment for life.

For making out an offence of dowry death' under Section 304B, the following

ingredients have to be proved by the prosecution:

a. death of a woman must have been caused by any burns or bodily injury or her

death must have occurred otherwise than under normal circumstances.

b. such death must have occurred within seven years of her marriage.

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c. soon before her death, she must have been subjected to cruelty or harassment by

her husband or any relative of her husband; and

d. such cruelty or harassment must be in connection with the demand for dowry.

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FEMALE INFANTICIDE AND FOETICIDE

For the first time provisions relating to female foeticide were incorporated in Code of

Medical Ethics Constituted by the Indian Parliament in the Medical Council Act, 1955, the

relevant section of the Code of Medical Ethics states:

On no account, sex determination test shall be undertaken with the intent to terminate the life

of a female fetus developing in her mothers womb, unless there are other absolute

indications for termination of pregnancy as specified in the Medical Termination of

Pregnancy Act, 1971. Any act of termination of pregnancy of normal female fetus, amounting

to female foeticide, shall be regarded as professional misconduct on the part of the physician

leading to penal erasure besides rendering him liable to criminal proceedings as per the

provisions of this Act (Clause 7.5). It is here important to note that the penalty for unindicted

sex determination and female foeticide is striking off the name from the register apart from

criminal action.

Afterwards The Medical Termination of Pregnancy Act, 1971 was brought into force

from 1974 which declared abortion legal under certain conditions during the first trimester of

pregnancy. To ensure proper implementation of this law in an era of technological

advancement, much consideration has been given this law by the Apex Court of the country.

The State of Maharashtra enacted the Maharashtra Regulation of PNDT Act in 1988,

prohibiting the determination of sex of the foetus, and issuing the direction to the medical

staff and concerned agencies for its proper regulations provides for the termination of certain

pregnancies by registered Medical Practitioners and for matters connected therewith or

incidental thereto.

The law exists for the wellbeing of the people in the society but the same law can

sometimes be misused at the same time in the name of this wellbeing, by the people. As the

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misuse of this technology continued for female foeticide and some very disturbing data came

forward then another act namely The Pre-natal Diagnostic Techniques (Regulation and

Prevention of Misuse) Act, 1994 was enacted and brought into operation from January 1,

1995. Primarily, the Act prohibits determination and disclosure of the sex of foetus.

This act provides for the regulation of the use of pre-natal diagnostic techniques for

the purpose of detecting genetic or metabolic disorders or chromosomal abnormalities or

certain congenital malformations or sex linked disorders and for the prevention of the misuse

of such techniques for the purpose of pre-natal sex determination leading to female foeticide;

and, for matters connected there with or incidental thereto.

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex

Selection) Act, 1994 was amended in 2003 to empower the above further in light of the new

fertility technologies, which facilitate the selection of the sex of the fetus before conception.

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex

Selection) Act and Rules 1994 (as amended up to 2002) (the PCPNDT Act) mandates that

sex selection by any person, by any means, before or after conception, is prohibited.

WITCH HUNT

Law mooted against black magic

Witch hunt or so called black magic is a serious problem specially in remote areas of

India, where these practices are prevalent and several innocent lives are taken due to these

disbeliefs. The main victims of these kind of crimes are women. There is no central law

regarding this malpractice. Some states have taken initiative to enact a law against black

magic which are:

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On the lines of a legislation in Maharashtra, the Karnataka State Government is in favor of a

law against superstition and black magic to take appropriate and stringent social and legal

measures to effectively prevent inhuman practices such as sacrificing domestic animals, black

magic, sinister and aghori practices and to save the common people falling prey to the sinister

designs of black magicians and conmen.

The main objective of the Bill is to create awareness among the people and prevent

harmful practices, usages, black magic, and such other inhuman, evil sinister designs by

astrologers and conmen. The illiterate and educated people fall prey to the black magicians

whose false claims of possessing magical or miraculous remedies and anti-social activities

damaged the social fiber.Taking advantage of ignorance in some sections of the society,

astrologers and black magicians propagate various practices and exploit the common people.

Special laws will end black magic

Witch-hunting and slapping a person attract the same punishment in Karnataka: a fine

of Rs 1,000 or imprisonment for a maximum term of one year. The case is registered under

Section 323 IPC (causing voluntary hurt). This, probably, explains best the importance given

to handling crimes related to miracles, superstitions and black magic in the state.

If a woman is hounded as a witch and the police officer generously uses the IPC and presses

another provision in the law, Section 500 IPC (defamation), the accused, if convicted, may

get a maximum of two years simple imprisonment or fine, or both.

Like in most states, it is the outcome and not the motive which matters. Though police

record the motive while registering cases, the accused are not charged based on the motive.

There are no special laws to deal with superstitions, miracles or black magic.

A human sacrifice or the murder of a 'witch' is equated to murder.

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"Take sati and dowry harassment. Sati is not treated as just suicide, and killing of a woman

for dowry is not treated as just murder. Both have special laws. Similarly, social problems

require special understanding, treatment and legislation. The IPC is vague and doesn't care

about the complexities of these issues,'' said former DG and IGP ST Ramesh.

So an exclusive legislation will help ensure justice for the victims. "Exclusive laws

help deal with a problem better. Along with penal provisions to act as a deterrent, the new

legislation should also have a compulsory clause on awareness. Unless both go together, it's

not easy to handle social problems.

CRIME AGAINST SENSITIVITY AND MODESTY OF WOMEN

Following are the obscenity regulations prevailing in the Indian system:

1. Section 292 in Indian Penal Code, 1850

2. Section 293 in Indian Penal Code, 1850

3. Section 294 in Indian Penal Code, 1850

4. The Indecent Representation of Women (Prohibition) Act, 1985

5. Section. 5 of Cinematograph Act, 1952

6. The Cable Television Networks (Regulation) Act, 1995

Section 292 in Indian Penal Code, 1850

292. Sale, etc., of obscene books, etc.-

1. For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting,

representation, figure or any other object, shall be deemed to be obscene if it is lascivious or

appeals to the prurient interest or if its effect, or (where it comprises two or more distinct

items) the effect of any one of its items, if taken as a whole, such as to tend to deprave and

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corrupt person, who are likely, having regard to all relevant circumstances, to read, see or

hear the matter contained or embodied in it.

2. Whoever

(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or

for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or

has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or

figure or any other obscene object whatsoever, or

(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or

knowing or having reason to believe that such object will be sold, let to hire, distributed or

publicly exhibited or in any manner put into circulation, or

(c) takes part in or receives profits from any business in the course of which he knows or has

reason to believe that any such obscene objects are for any of the purposes aforesaid, made,

produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any

manner put into circulation, or

(d) advertises or makes known by any means whatsoever that any person is engaged or is

ready to engage in any act which is an offence under this section, or that any such obscene

object can be procured from or through any person, or

(e) offers or attempts to do any act which is an offence under this section, shall be punished

on first conviction with imprisonment of either description for a term which may extend to

two years, and with fine which may extend to two thousand rupees, and, in the event of a

second or subsequent conviction, with imprisonment of either description for a term

which may extend to five years, and also with fine which may extend to five thousand

rupees.

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SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION,

PROHIBITION AND REDRESSAL) ACT, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013 from the date of Gazette Notification i.e., w.e.f. 23.04.2013 and same

has been published in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 23rd

April 2013 as Act No. 14 of 2013. The Act provides for protection against sexual harassment

of women at workplace and for the prevention and redressal of complaints of sexual

harassment and for matters connected therewith or incidental thereto. It is highly required

that women are protected against sexual harassment at all the work places, be it in public or

private. This essentially will contribute to the understanding of their right to gender equality,

liberty and moreover, equality in their working conditions. The sense of security at the

workplace/study place will improve womens participation in overall progress, resulting in

their economic empowerment and inclusive growth as whole.

The Act has, in fact, sought to widen the scope of the guidelines issued by the

Supreme Court by bringing within its ambit (amongst other things) a domestic worker (Sec

2e) defined to mean a woman who is employed to do the household work in any household

for remuneration whether in cash or kind, either directly or through any agency on a

temporary, permanent, part time or full time basis, but does not include any member of the

family of the employer.

The Act has defined sexual harassment (Sec. 2n) to include any one or more of the

following unwelcome acts or behaviour (whether directly or by implication) namely: (i)

physical contact and advances; (ii) a demand or request for sexual favors; (iii) making

sexually coloured remarks; (iv) showing pornography; or (v) any other unwelcome physical,

verbal or non-verbal conduct of sexual nature. Further, the following may also amount to

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sexual harassment: (i) implied or explicit promise of preferential treatment; (ii) implied or

explicit threat of detrimental treatment; (iii) implied or explicit threat about present or future

employment status; (iv)interference with work or creating an intimidating or offensive or

hostile work environment; or (v) humiliating treatment likely to affect health or safety.

The term employee (Sec. 2f) includes regular, temporary, ad hoc, daily wage

employees and persons who are working on a voluntary basis i.e. without remuneration. The

term also includes contract workers, probationers, and trainees.

The Act defines aggrieved woman (Sec. 2a) to mean: (i) in relation to a workplace,

a woman, of any age whether employed or not, who alleges to have been subjected to any act

of sexual harassment by the respondent; (ii) in relation to a dwelling place or house, a woman

of any age who is employed in such a dwelling place or house.

As per the Act workplace (Sec.2o) includes: (i) any department, organisation,

undertaking, establishment, enterprise, institution, office, branch or unit which is established,

owned, controlled or wholly or substantially financed by funds provided directly or indirectly

by the appropriate Government or the local authority or a Government company or a

corporation or a co-operative society; (ii) any private sector organization or a private venture,

undertaking, enterprise, institution, establishment, society, trust, non-governmental

organization, unit or service provider carrying on commercial, professional, vocational,

educational, entertainment, industrial, health services or financial activities including

production, supply, sale, distribution or service; (iii) hospitals or nursing homes; (iv) any

sports institute, stadium, sports complex or competition or games venue, whether residential

or not used for training, sports or other activities relating thereto; (v) any place visited by the

employee arising out of or during the course of employment including transportation

provided by the employer for undertaking such journey; (vi) a dwelling place or a house.

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CHILD PROTECTION AND CHILD RIGHTS: IMMORAL TRAFFIC

PREVENTION ACT, 1985

In 1950 the Government of India ratified the International Convention for the

Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of others.

In 1955 India passed the Suppression of Immoral Traffic in Women and Girls Act, 1955

(SITA). The act was further amended and changed in 1985, resulting in the Immoral Traffic

Prevention Act also know as PITA. PITA only discusses trafficking in relation to prostitution

and not in relation to other purposes of trafficking such as domestic work, child labor, organ

harvesting, etc. The following is an outline of the provisions in this law that pertains to

children below the age of 18.

The act defines child as any person who has not completed eighteen years of age. The

first section of the act has provisions that outline the illegality of prostitution and the

punishment for owning a brothel or a similar establishment, or for living of earnings of

prostitution as is in the case of a pimp. Section 5 of the act states that if a person procures,

induces or takes a child for the purpose of prostitution then the prison sentence is a minimum

of seven years but can be extended to life. To ensure that the people in the chain of

trafficking are also held responsible the act has a provision that states that any person

involved in the recruiting, transporting, transferring, harboring, or receiving of persons for the

purpose of prostitution if guilty of trafficking. In addition any person attempting to commit

trafficking or found in the brothel or visiting the brothel is punishable under this law.

If a person if found with a child it is assumed that he has detained that child there for

the purpose of sexual intercourse and hence shall be punishable to seven year in prison up to

life imprisonment, or a term which may extend to ten year and also a maximum fine of one

lakh rupees. If a child is found in a brothel and after medical examination has been found to

75
have been sexually abused, it is assumed that the child has been detained for the purpose of

prostitution.

Any person committing prostitution in public with a child shall be punishable to

seven year in prison up to life imprisonment, or a term which may extend to ten year and also

a maximum fine of one lakh rupees. If prostitution of a child is being committed with

knowledge of an establishment owner such as a hotel the license of the hotel is likely to be

cancelled along with the given prison sentence and/or fines.

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DOWRY PROHIBITION ACT, 1951

Definition of dowry- According to Section -2, In this Act, "dowry" means any

property or valuable security given or agreed to be given either directly or indirectly.

a. By one party to a marriage to the other party to the marriage, or

b. By the parent of either party to a marriage or by any other person, to either party to the

marriage or to any other person; At or before or any time after the marriage in connection

with the marriage of the said parties, but does not include dower or mahr in the case or

persons to whom the Muslim Personal Law (Shariat).

Penalty for giving or taking dowry

(1) If any person, after the commencement of this Act, gives or takes or abets the giving or

taking of dowry, he shall be punishable with imprisonment for a term which shall not be

less than five years, and with fine which shall not be less than fifteen thousand rupees or

the amount of the value of such dowry, whichever is more:

Provided that the Court may, for adequate and special reasons to be recorded in the

judgment, impose a sentence of imprisonment of a term of less than five years.

(2) Nothing is sub section (1) shall apply to, or in relation to,

a. Presents which are given at the time of a marriage to the bride (without any demand

having been made in that behalf).

b. Presents which are given at the time of a marriage to the bridegroom (without any

demand having been made in that behalf).

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Provided that such presents are entered in a list maintained in accordance with the rules made

under this Act. Provided further that where such presents are made by or on behalf of the

bride or any person related to the bride, such presents are of a customary nature and the value

thereof is not excessive having regard to the financial status.

THE COMMISSION OF SATI (PREVENTION) ACT, 1987

The Act provides for the more effective prevention of the commission of sati and its

glorification and for matters connected therewith or incidental thereto.

Whereas sati or the burning or burying alive of widows or women is revolting to the feelings

of human nature and nowhere enjoined by any of the religions of India as an imperative duty;

And whereas it is necessary to take more effective measure to prevent the commission of sati

and its glorification.

Definitions

1. In this Act, unless the context otherwise requires.-

a. "Code" means the Code of Criminal Procedure, 1973 (2 of 1974)

b. "glorification" in relation to sati, whether such sati, was committed before or

after the commencement of this Act, includes, among other things:-

i. the observance of any ceremony or the taking out of a procession in

connection with the commission of sati; or

ii. the supporting, justifying or propagating the practice of sati in any

manner; or

iii. the arranging of any function to eulogies the person who has

committed sati; or

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 iv. the creation of a trust, or the collection of funds, or the construction of

temple or other structure or the carrying on of any form of worship or

the performance of any ceremony thereat, with a view to perpetuate

the honor of, or to preserve the memory of, a person who has

committed sati;

c. "sati" means the burning or burying alive of-

i. any widow along with the body of her deceased husband or any other

relative or with any article, object or thing associated with the husband

or such relative; or

ii. any woman along with the body of any of her relatives, irrespective of

whether such burning or burying is claimed to be voluntary on the part

of the widow or the women or other-wise.

Punishment for offences relating to Sati

Attempt to commit sati.- Sec-3 says Notwithstanding anything contained in the Indian Penal

Code (45 of 1850), whoever attempts to commit sati and does any act towards such

commission shall be punishable with imprisonment for a term which may extend to one year

or with fine or with both:

Provided that the Special Court trying an offence under this section shall, before

convicting any person, take into consideration the circumstances leading to the commission

of the offence, the act committed, the state of mind of the person charge of the offence at the

time of the commission of the act and all other relevant factors.

Abetment of sati

1. Notwithstanding anything contained in the Indian Penal Code (45 of 1850) , if any

person commits sati, whoever abets the commission of such sati, either directly or

79
 indirectly, shall be punishable with death or imprisonment for life and shall also be

liable to fine.

2. If any person attempts to commit sati, whoever abets such attempt, either directly or

indirectly, shall be punishable with imprisonment for life and shall also be liable to

fine.

THE PROHIBITION OF CHILD MARRIAGE ACT, 2005

The Act provide for the prohibition of solemnisation of child marriages and for

matters connected therewith or incidental thereto.

Statement of Objects and Reasons

1. The Child Marriage Restraint Act, 1929 was enacted with a view to restraining

solemnization of child marriages. The Act was subsequently amended in 1949 and

1978 in order, inter alia, to raise the age limit of the male and female persons for the

purpose of marriage. The Act, though restrains solemnization of child marriages yet it

does not declare them to be void or invalid. The solemnization of child marriages is

punishable under the Act.

2. There has been a growing demand for making the provisions of Act more effective

and the punishment thereunder more stringent so as to eradicate or effectively prevent

the evil practice of solemnization of child marriages in the country. This will enhance

the health of children and the status of women. The National Commission for Women

in its Annual Report for the year 1995-95 recommended that the Government should

appoint Child Marriage Prevention Officers immediately. It further recommended

that(/) the punishment provided under the Act should be made more stringent; (if)

marriages performed in contravention of the Act should be made void; and (in) the

offences under the Act should be made cognizable.

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3. The National Human Rights Commission undertook a comprehensive review of the

existing Act and made recommendations for comprehensive amendments therein vide

its Annual Report 2001-2002. The Central Government, after consulting the State

Governments and Union territory Administrations on the recommendations of the

National Commission for Women and the National Human Rights Commission, has

decided to accept almost all the recommendations and give effect to them by

repealing and re-enacting the Child Marriage Restraint Act, 1929.

4. The salient features of the Bill are as follows:

a. To make a provision to declare child marriage as voidable at the option of the

contracting party to the marriage, who was a child

b. To provide a provision requiring the husband or, if he is a minor at the

material time, his guardian to pay maintenance to the minor girl until her

remarriage.

c. To make a provision for the custody and maintenance of children born of child

marriages.

d. To provide that notwithstanding a child marriage has been annulled by a

decree of nullity under the proposed section 3, every child born of such

marriage, whether before or after the commencement of the proposed

legislation, shall be legitimate for all purposes.

e. To empower the district Court to add to, modify or revoke any order relating

to maintenance of the female petitioner and her residence and custody or

maintenance of children, etc.

f. To make a provision for declaring the child marriage as void in certain

circumstances.

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 g. To empower the Courts to issue injunctions prohibiting solemnisation of

marriages in contravention of the provisions of the proposed legislation.

h. To make the offences under the proposed legislation to be cognizable for the

purposes of investigation and for other purposes.

i. To provide for appointment of Child Marriage Prevention Officers by the

State Governments.

j. To empower the State Governments to make rules for effectively

administration of the legislation.

5. The Bill seeks to achieve the above objects.

THE INDECENT REPRESENTATION OF WOMEN ACT (PROHIBITION) 1985

This Act was brought to prohibit indecent representation of women through

advertisements or in publications, writings, paintings, figures or in any other manner and for

matters connected therewith or incidental thereto.

Statement of Objects and Reasons of the Act

The law relating to obscenity in this country is codified in Sections 292, 293 and 294

of the Indian Penal Code. In spite of these provisions, there is growing body of indecent

representation of women or references to women in publications, particularly advertisements,

etc. which have the effect of denigrating women and are derogatory to women. Though there

may be no specific intention, these advertisements, publications, etc. have an effect of

depraving or corrupting persons. It is, therefore, felt necessary to have a separate legislation

to effectively prohibit the indecent representation of women through advertisements, books,

pamphlets, etc.

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The salient features of the Act

(a) Indecent representation of women has been defined to mean the depiction in any

manner of the figure of a woman, her form or body or any part thereof in such a way

as to have the effect of being indecent or derogatory to or denigrating, women or is

likely to deprave, corrupt or injure the public morality or morals.

(b) It is proposed to prohibit all advertisements, publications, etc. which contain indecent

representation of women in any form.

(c) It has also been proposed to prohibit selling, distribution, circulation of any books,

pamphlets, etc. containing indecent representation of women.

(d) Offences under the Act are made punishable with imprisonment of wither description

for a term extending to two years and fine extending to two thousand rupees on first

conviction. Second and subsequent convictions will attract a higher punishment.

MOLESTATION

Molestation is define as

Assault or criminal force to woman with intent to outrage her modesty

Whoever assaults or uses criminal force to any woman, intending to outrage or

knowing it to be likely that he will thereby outrage her modesty, shall be punished with

imprisonment of either description for a term which shall not be less than one year but which

may extend to five years, and shall also be liable to fine. (Sec-354) Insertion of new sections

354-A, 354-B, 354-C and 354-D.

Section 354A : Sexual harassment-

1. A man committing any of the following acts

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 i. physical contact and advances involving unwelcome and explicit sexual and

overtures; or punishment for sexual

ii. a demand or request for sexual favors; or harassment.

iii. showing pornography against the will of a woman; or

iv. making sexually colored remarks, shall be guilty of the offence of sexual

harassment.

2. Any man who commits the offence specified in clause(i) or clause (ii) or clause (iii)

of sub-section (1) shall be punished with rigorous imprisonment for a term which may

extend to three years, or with fine, or with both.

3. Any man who commits the offence specified in clause (iv) of sub-section ( /) shall be

punished with imprisonment of either description for a term which may extend to one

year, or with fine, or with both.

Section; 354B : Assault on woman with intent to disrobe.-

Any man who assaults or uses criminal force to any woman or abets such Assault or

use of Act with the intention of disrobing or compelling her to be naked, shall be punished of

criminal force to with imprisonment of either description for a term which shall not be less

than three years but which may extend to seven years, and shall also be liable to fine.

Section 354C.- Voyeurism

Any man who watches, or captures the image of a woman engaging in a private act in

circumstances where she would usually have the expectation of not being observed either by

the perpetrator or by any other person at the behest of the perpetrator or disseminates such

image shall be punished on first conviction with imprisonment of either description for a term

which shall not be less than one year, but which may extend to three years, and shall also be

liable to fine, and be punished on a second or subsequent conviction, with imprisonment of

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either description for a term which shall not be less than three years, but which may extend to

seven years, and shall also be liable to fine.

354D. Stalking

Any Man who-

1. follows a woman and contacts, or attempts to contact such woman to foster personal

interaction repeatedly despite a clear indication of disinterest by such woman; or

2. monitors the use by a woman of the Internet, email or any other form of electronic

communication, commits the offence of stalking: Provided that such conduct shall not

amount to stalking if the man who pursued it proves that-

a. it was pursued for the purpose of preventing or detecting crime and the man

accused of stalking had been entrusted with the responsibility of prevention

and detection of crime by the State; or

b. it was pursued under any law or to comply with any condition or requirement

imposed by any person under any law; or

c. in the particular circumstances such conduct was reasonable and justified.

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PORNOGRAPHY

Currently, there is no law against viewing pornography. The Indian Penal Code and

the recent IT Act both prohibit the production and transmission of obscene material.

The IT Act stipulates three years in jail for publishing and transmitting obscene material

electronically.

If watching pornography is made illegal, this will be a wholly new rule.

Is it even technically possible?

There are two ways of blocking porn. One is by actually removing the content from

the Internet. This would only be possible if the content was illegal in the country where it is

being hosted. The other method, which the government has largely relied on in the past, is

getting Internet service providers to block access to a particular websites URLits address on

the web.

This was how, for example, it was possible to block porn web comic

Savitabhabhi.com in 2009; the site simply changed URLs and continued to operate. A similar

method is used to track the viewing of pornographyaccessing a blacklisted website would

trigger an alert.

However, technologically, its nearly impossible to have a blanket ban of this sort in place.

Simply using a proxy server should keep the ISP knowing where youre going on the

Internet. A virtual private network (VPN)used for remote working and data protection also

allows access to content that has been blocked by the ISP and wont leave a trail. These are

all legal (and free or inexpensive) as of now.

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 To ban porn and track people viewing it, the government would have to also ban

proxy servers and make VPNs illegal. That would be a highly draconian move and one thats

unlikely, according to Apar Gupta, a Delhi-based lawyer working with Internet companies.

In an earlier interview with Mint, Gupta had said, There isnt much precedent on the

matter at present, but given the technical limitations of blocks, the only feasible solutions are

wide censorship, which is against the Indian Constitution.

HONOR KILLING

Honor killing has become a menace now a days. Gruesome murders, of young couple

who dare to marry against the wishes of their family are often committed all over the country,

in the name of honor by some cultural bigots. In various areas like Haryana and Uttar Pradesh

these are increasing at a tremendous rate. As justice P. Sathasivam said: A special legislation

will certainly be a welcome effort as it will help in generating additional protection to the

victims. Though the prevailing law punishes the act of homicide, it does not directly punish

the members gathering for such purpose . The stringent provisions of the proposed Bill

coupled with those in the IPC would effectively combat honor killings and protect the hapless

young couples and their families who are the victims of this social evil.

CYBER CRIMES

The Information Technology (Amendment) Act, 2008

The IT Amendment Bill 2008, which has been passed by the Lok Sabha and the

RajyaSabha in the last week of December 2008, aims to make sweeping changes in the

existing Indian cyber law framework. Given the magnitude of the amendments, it is indeed

strange that this Bill was passed in a hurry, without any discussion in either House of

Parliament.

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 Due credit needs to be given to the government for removing the various practical

difficulties of the IT Act, 2000. However, a careful analysis of the said amendments clearly

brings home the point that the new amendments are not at all sufficient in the context of the

emerging needs of India and there are various glaring loopholes.

Issues related to confidential information and data of corporations and their adequate

protection have not been adequately addressed. The said law is not a comprehensive law on

data protection or on digital secrets. Having a couple of sections on data protection does not

serve the requirements of corporate India.

The IT Act amendments are also deficient in the sense that they do not create

rebuttable presumptions of confidentiality of trade secrets and information. A large number

of companies and individuals today save their confidential data, information and trade secrets

in the electronic form on their computers. Given the apparent increase in the adoption of

technology, it is increasingly being found that despite all precautions, the employees are still

going ahead and taking away confidential data from companies.

The inability of the law to create enabling presumptions of confidentiality regarding

corporate and individual data and information in the electronic form is likely to complicate

matters further for Indian companies and netizens. Given the move to make most cyber

crimesbailable offences, corporations can forget about being able to get their errant

employees, who misuse confidential data and information, behind bars.

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ACID ATTACKS

Voluntarily causing grievous hurt by use of acid, etc. (Sec. 326-A)

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.

Provided that such fine shall be just and reasonable to meet the medical expenses of

the treatment of the victim.

Provided further that any fine imposed under this section shall be paid to the victim.

Section 326B. Voluntarily throwing or attempting to throw acid

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 or partial damage or deformity or burns or maiming or disfigurement or disability

or grievous hurt to that person, shall be punished with imprisonment of either description for

a term which shall not be less than five years but which may extend to seven years, and shall

also be liable to fine.

SOCIAL PERCEPTION ON CRIME AGAINST WOMEN

Due to excessive rise in crime against women now a days, Indian capital is now called

as rape capital. Rape cultures are nourished by norms, attitudes, and practices that

trivialize, tolerate, or even condone violence against women. They are further normalized if

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there is impunity for perpetrators either due to a lack of effective legal mechanisms or apathy

to prosecuting crimes against women.. The Supreme Court in Sakshi. union of India had

recognized the inadequacies in the law relating to rape and had suggested that the legislature

should bring about the required changes.

Crime against women are never seen in a straight manner as a crime. In our

patriarchal society we always seek sides on any such kind of crimes, instead of fixing liability

on the perpetrators of such crime , we try to fix liability on the victim . The common

perception is that if the women have been violated, then they must have done something to

deserve it. The end result is that many victims refuse to speak out about their abuse to avoid

being humiliated the second time. This makes them easy prey for attackers and exposes them

to even greater violence, completing a vicious cycle.

In our society women have always been provided a secondary status and at every step

she is expected to impart a model behavior and any crime against her is seen as her deviation

from that model behavior. Societal view on crime against women is very vivid and is marred

by various factors. The most common of such effecting factors are place of incident, caste

and religion of victim, nationalism , literacy level etc. Women in our society is not treated as

human being with her own identity but as a property of the family she belongs to and so

through ages she has been confined on the name of honor. Moreover perpetrators of these

heinous crimes are mostly known or related to victims.

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 CHAPTER 6

SETTING THE TONE BY

INDIAN JUDICIARY

THROUGH VARIOUS

PATH BREAKING

JUDICIAL

PRONOUNCEMENTS
91
INTRODUCTORY

The status of women in modern India seems to be a sort of a paradox. If on one hand

she seems to be at the peak of ladder of success, on the other hand she is mutely suffering the

violence afflicted on her by her own family members. As compared with past women in

modern times have achieved a lot but in reality they still have to travel a long way. Their path

seems to be full of roadblocks. The women have left the secured domain of their home and

are now in the battlefield of life, fully armored with their talent. They had proven themselves.

But in India they are yet to get their dues. The sex ratio of India shows that the Indian society

is still prejudiced against female. There are 914 females per thousand males in India

according to the census of 20112, which is much below the world average of 990 females.

Today Indian women have excelled in each and every field from social work to

visiting space station. There is no arena, which remained unconquered by Indian women.

Whether it is politics, sports, entertainment, literature, technology everywhere we can hear

applauses for her. But increasing crime rate against women in India is a matter of grave

concern and therefore immediate steps are required to curb this menace.

JUDICIAL MEASURES AND GUIDELINES

Judiciary in India has always played a laudable role in eradicating social evils, and to

bring social justice to masses. The Supreme Court of India has devised various ways like

epistolary jurisdiction, relaxing locus standi principle, allowing public interest litigation (PIL)

and has played pro-active role for bringing justice to every doorstep.

Through various cases several guidelines have been provided by the Apex Court to eradicate

social evils and specially to curb crimes against women. The researcher has gone through

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some prominent judgments of the Indian judiciary wherein certain path breaking guidelines

were passed with a view to minimize crimes against women.

Judiciary on Rape

The Apex Court of India has taken a stern view for crimes against women and

specially rape. Times to time various guidelines have been issued by Court to protect women

and penalize the perpetrators of these ghastly acts. Certain views are quoted by the researcher

herewith to highlight the remarkable role of Supreme Court of India and others Courts for

dealing with crime against women.

Deterrent punishment required to curb crime against women

The Supreme Court called for a "complete overhaul" of the system for curbing the

spurt in crime against women, including rape and sexual harassment, saying only deterrent

punishment will be effective.

A bench of JJ. P Sathasivam and RanjanGogoi said that crime against women has

increased despite stringent legislation to prevent other offences like bride burning, cruelty

and suicide."In spite of stringent legislations in order to curb the deteriorating condition of

women across the country, the cases related to bride burning, cruelty, suicide, sexual

harassment, rape, suicide by married women etc. have increased and are taking place day by

day. "A complete overhaul of the system is a must in the form of deterrent punishment for the

offenders so that we can effectively deal with the problem," the bench said. The observation

was made while upholding the conviction and life imprisonment awarded to two women and

their mother who had burnt the victim to death.

Exemplary Punishment for Unparalleled Brutality

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 Four convicts in the December 16 Delhi gang-rape case were awarded death penalty
by a Delhi court which said the gravity of the offence cannot be tolerated. "Death to all,"
additional sessions judge Sh. Yogesh Khanna said while delivering the verdict in the Delhi
gang-rape case that had evoked nationwide outrage and led the government to bring in a
stringent anti-rape law. "Court cannot turn a blind eye to such a gruesome act," the
judge said, while handing down the maximum punishment to the four convicts in the Delhi
gang-rape case. He said, "When crime against women is rising on day-to-day basis, so, at this
point in time court cannot keep its eye shut.

"There should be exemplary punishment in view of the unparalleled brutality with

which the victim was gang raped and murdered, as the case falls under the rarest of rare
category. All be given death," the court said while reading out a portion of the order.

"This is a time when serious crime against a women has come to the fore and now its
judiciary's responsibility to instill confidence among the women," it said.

Violation of Human Right

In the Chairman, Railway Board and ors v. Mrs. Chandrima Das and Ors supreme
court observed that, it is not a mere matter of violation of an ordinary right of a person but
the violation of Fundamental Rights which is involved., as Smt. Hanuffa Khatoon was a
victim of rape. This Court in Bodhisatwav.Ms. Subdhra Chakroborty has held "rape" as an
offence which is violative of the Fundamental Right of a person guaranteed under Article 21
of the Constitution. The Court observed as under:

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 CHAPTER 7

CONCLUSION AND

SUGGESSIONS

95
 CONCLUSION AND SUGGESTIONS

Women will work out their destinies much better too than men can ever do for

them. All the mischief to women has come because men undertook to shape the

destiny of women.

GENERAL

Irrespective of religion, culture and economic system, women suffer deprivation,

humiliation and denial of basic human rights in almost all walks of life, everywhere, at every

stage, in varying degrees. Women are considered as goddess in one hand, but in reality

treated as a less human even. What is required is to give women regard as a equal human,

who is having all rights to decide about herself. Women want and deserve a life of

dignity, equality and freedom, not just being a maimed animal to be tamed and instructed for

every dos and donts. On the name of security women are devoid of their most precious

and important virtue i.e. Freedom. As well said by Swami Vivekanand, The idea of

perfect womanhood is perfect independence. He believed in the self-respect and self-

dignity of women and wanted no man to trample upon it, be it in the guise of protection

or in the guise of reformation.Till very recently, traditional societies regarded women

as weak and emotional. In Hamlet, Shakespeare described women as: Frailty, thy name

is woman.

Due to excessive rise in crime against women now a days Indian capital is being called as

rape capital. Rape cultures are nourished by norms, attitudes, and practices that trivialize,

tolerate, or even condone violence against women. They are further normalized if there

is impunity for perpetrators either due to a lack of effective legal mechanisms or apathy to

prosecuting crimes against women. Crime or violence against women are on a rise

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unabated in one form or another, despite various laws and legislations to curb it. There are

innumerable reasons for this, just taking one aspect is not going to help since total

overhauling of the system is required to control crime against women. According to

author and activist Rita Banerjee, within the span of three generations India has

systematically targeted and annihilated more than 50 million women from its population.

One illustration of this is the skewed sex ratio: the 2011 census found that there are 940

women for every 1000 men, and this national figure hides significant regional discrepancies.

Rape has increased by 1255.3% (from 2,487 cases in 1971 to 33,707 cases in 2013).

According to a Report, there are reported cases of one rape every 54 minutes, a

molestation every 26 minutes; and an act of cruelty every 33 minutes. National Crime

Records Bureau (NCRB) statistic says every 20 minutes, a woman is raped somewhere in

India, not to mention the countless number of cases of molestations or rapes going

unreported. Child rape cases have increased by 336% in the last 10 years. Government data

shows crimes by juveniles especially rape and abduction of women has seen exponential

rise in the past decade from 48.7% in 2002 to 66.5 in 2012. There is dire need to

address the issue of rape in a more powerful manner. Number of dowry-deaths is quite

alarming in the country a dowry death every one hour forty two minutes.

CONCLUSION

Apartheid of gender exists in almost all societies. In our society women have always been

provided a secondary status. A woman is not treated as a human being with her own identity

but as a property of the family she belongs to and so through ages she has been

confined on the name of honor. Credit of her contributions goes to society, nation or to their

male counter-parts, who have retained power, prestige and pleasures of the world, leaving

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women remain ignorant, illiterate and ill-informed, invisible and unrewarded. Moreover

perpetrators of heinous crimes are mostly known or related to victim women.

Women in one form or other have been given back seat in our male chauvinistic

society. The status of women in modern India is a sort of a paradox. If on one hand she is

at the peak of ladder of success, on the other hand she is mutely suffering the violence

afflicted on her by her own family members. At various high positions we have

women as officers, prominent leaders etc. but in a population like ours these are just an

exception to rule and exceptions cant change the rule. As compared with past women in

modern times have achieved a lot but in reality they still have to travel a long way.

Their path is full of roadblocks. The women have left the domain of their home and are now

in the battlefield of life, fully armored with their talent. They had proven themselves globally.

But in India they are yet to get their dues. The sex ratio of India shows that the Indian society

is still prejudiced against female. There are 940 females per thousand males in India

according to the census of 2011, which is much below the world average of 990 females.

Decreasing sex ratio has a very adverse effect on the society and give rise to various other

social evils and the major among them is procurement of bride from other regions in other

words increasing human trafficking. The worst effect of this tradition is that these women are

devoid of all kind of human rights and are needed solely for their ability to perform free

reproductive and productive labor and are kept as bonded laborers.

Womens emancipation is not a new concept. Decades ago Mahatma Gandhi saw its

significance and also linked social reform movement with the national movement for

independence. Modern women have come out of their man-created protective shell four-

walls of the house. They are trying best to restore their lost prestige and secure due place

in modern world. They have marched ahead, though slowly but steadily with

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tremendous self-confidence and inner strength. They are actively participating in nation-

building activities and have paved way even into the precincts, which have been

considered as an exclusive male preserve. Their entry there is resented by some persons, but

women are facing it bravely. They work very hard to prove their worth and make their

presence felt.

Swami Vivekananda while talking about equality among human beings has said that "Soul

has no sex, it is neither male nor female. It is only in the body that sex exists, and the man

who desires to reach the spirit cannot at the same time hold sex distinctions." The best

thermometer to the progress of a nation is its treatment of its women." "There is no chance

for the welfare of the world unless the condition of women is improved." "Woman

has suffered for eons, and that has given her infinite patience and infinite perseverance.

Women's rights are an essential component of universal human rights. They reflect the

fact that men and women have very different experiencesand the fact that women and girls

often face gender-based discrimination that puts them at increased risk of poverty,

violence, ill health and a poor education. Amnesty International's women's rights work

encompasses a range of human rights as they relate to the equity needs of women, working at

once to advance new rights and opportunities for all women and to combat the abuses of

specific groups of women and girls.

Living free from violence is a human right, yet millions of women and girls suffer

disproportionately from violence both in peace and in war, at the hands of the state, in the

home and community. Across the globe, women are beaten, raped, mutilated, and killed with

impunity.

In our country women are in situations worse than cattle. This is not just restricted to the

rural area but extends to the so-called urban civilized world. Even here the so-called

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educated, well-fed, well-dressed, highly paid white collar job holders behave with

gruesome savagery and unbelievable ruthlessness when it comes to matters related to

women in their families. At that time, they cannot accept the equality of man and

women. They cling on to the 18th century dogmas and beliefs of subjugation of women. They

are not prepared to give women the basic safety, security and respect that is needed to

normal sustenance. They want the women to earn those things by serving them and

pleasing them through her scarifies. If the woman fails to comply to those rotten norms she

can be shown the door without assigning any reason. Though there are laws that protect

women's rights, but the efficiency of Indian's judicial system is not hidden.

All these gory stories of real life situations makes a strong case for building a

discourse for addressing the socio-legal problems concerning women. Unfortunately a

significant section of men belonging to today's generation believe in this kind of

subjugation of women. They along with their parents create havoc in women's lives. And

ironically women often themselves are a party to it. Mothers instigating their sons to

beat up the wife are a common sight. Numbers of studies say that a boy-child is treated with

more care than a girl-child. Women often feel that giving birth to a boy-child will

enhance their status in the society. They even look down upon womenwith girl child. These

people think that since they have a son they are a privileged class and they naturally

have the right to inflict pains on the family of the girl to whom their son is married to.

Women illiteracy and adaptability to crime

Women have been victims of these crimes for ages. This constant suppression and

oppression has made them acknowledge that they deserve the kind of treatment meted out to

them moreover same kind of mentality, new generation of male have framed seeing the

kind of convention followed over generation. They think it ok to punish female like

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pets over small mistakes. Due to this kind of mentality of both male and female they have

different perceptions regarding crime against women, Infact they dont even consider

certain behavior as violence. Treating women with cruelty , punishing them for non-

performance of certain small acts seem normal to them as they have been are part of

this culture of violence where women have been depicted as a second class citizen, which is

totally dependent on male for her very existence.

Women silence / Non-reporting of crime

Violence against women remains one of the invisible and under recognized pandemics

of our time. Women in India tend not to appeal to the legal and criminal system

because, far from being a source of protection and empowerment, they find that this

system makes them even more vulnerable to abuse. The deep chauvinism that runs through

Indias public institutions is apparent from the level of local councils (khap panchayats) to

the highest levels of the judiciary. So to save themselves from rape second time during

process of so called getting justice they prefer to keep mum. Another reasons is the pressure

to seek proof, the fear of fighting a superior, the likely impact on career, and adverse

publicity prevent women from reporting sexual harassment. Another very common

reason is that most of the perpetrators of such violence are known to victim.

Approximately 2/3 of rapes were committed by someone known to the victim. 73% of

sexual assaults were perpetrated by a non-stranger. 38% of rapists are a friend or

acquaintances 28% are an intimate 7% are a relative. But this silence on part of

women emboldens perpetrators of such crimes and their atrocities continue unabated.

Lack of responsibility in Society

We are constantly trying to classify the perpetrator an outsider, someone on the

fringes, a monster. Even the Prime Minister in his address spoke of monstrous crimes. But

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rather than say they are beasts we should really be saying they are men. That brings

the responsibility of the crime squarely back on us, for tolerating societal norms that

have led to a fierce culture of violence against women. Perpetrators of these heinous

crimes are from among us living with us in this very society and their steps are

embolden because of our ignorance and tolerance to violence against women , so in a

way we as a society are equally responsible for these ghastly incidents. we dont

identify with the culprits and think them different from us. Its like the thief is only one

who is caught. We fight only for the immediate cause and ignore the larger perspective

altogether , thats why the problem of crime against women is far from being solved as

individually taking of problems cant help. Crime against women has to be solved as a

whole taking all dimensions like economic, political, social, educational and problem

related to working women.

Less conviction rate

Another cause for increasing crime against women is less conviction rate in crime

against women .This is result of apathy towards these crimes tendency of our

phallocentric society to condone this type of crime or to take them lightly and for

granted. Recent police data has confirmed the above view held by our patriarchal

society as it shown that there is only 19% conviction in rape cases. According to this data in

last three years i.e. from 2011 to 2013 there is 120% rise in rape crimes, but conviction rate is

miserably low and lack of evidence is generally cited as reason for this. But basic cause for

this is that investigation into crimes against women continues to be shoddy and slow and,

at times, is deliberately botched. This is so because a very large number of officers

and men in the police force share with the backwoodsmen of the country stupid views

that by coming out after dark in western clothes women provoke men to rape them.

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 Women in India: Doubly condemned

The main cause for it lies in the very roots of our upbringing of our children. From the very

beginning male child is taught that he is superior than his female counterpart, and this

superiority feeling grows with him and when in future he has to compete with female

counterparts he look down upon them but when they prove superior to him, the

feeling of revenge is vent out in various forms, or often anger is released on female

as they are considered as physically weak and under their right and control by male. So,

before anything else this mentality is required to be changed. First of all we will have to

acknowledge that women also as humans as male are, only after that we can bring change to

the existing situation.

In a recent book entitled India Dishonoured: Behind a Nations War on Women, Sunny

Hundal discusses various features of Indian culture that foster violence against women. He

writes that Indias brand of religiosity and ingrained ideas about the honour of women

make it particularly difficult to secure the change in attitudes \required to address

violence against women. At every step she is expected to impart a model behavior and any

crime against her is seen as her deviation from that model behavior. Societal view

on crime against women is very vivid and is marred by various factors. Traditional

Hindu beliefs hold that girls should be brought up to be good daughters and later

obedient wives. Rita Banerjee writes that docility is a prized characteristic for Indian

women. If women deviate from social norms they bring shame not only upon themselves

but upon their family and community who respond by stigmatizing and punishing the

deviant, often employing violence as a means of social control.

This helps to explain the findings of a recent survey carried out by Indias National

Commission for Women, which is that 88.9 percent of honor killings are perpetrated by

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family members. The bogey of Indian Cultural Values has stifled conversation on womens

sexual rights. In a poll of 370 gender experts on how well women fared in G20 countries,

India was ranked the worst country to be a women. The culturally imposed obligation

to keep her family together means that a woman is generally expected to put up with

violence from family members. The prevalence of this situation is indicated by the

2011 International Men and Gender Equality Survey, which found that nearly one in four

Indian men has committed sexual violence at one point in their lives.

What can be done?

When it comes to female education rates, progress has been made around the world, and in

many countries girls and young women have outnumbered and outperformed boys and

men at all levels of schooling for decades. Nevertheless, these advances have yet to

translate into greater equity in employment, politics and social relations.

At a fundamental and general level, what is needed is a social revolution for empowering

women who must seek to reform the mind-set and old thoughts of our society. Such change

cannot be achieved in a courtroom or through mass protest. It requires instilling particular

values to boys and girls, at home, at school and in the public sphere. Conceptions of

masculinity and femininity must be readjusted to place emphasis upon respect for the self and

for others.

This change in mind-set must be accompanied by institutional reform. Antara Dev

Sen, columnist for the Asian Age, points out that most victims of violent crimes are

brutalized not just by their attacker but thereafter by the system they appeal to or live with.

There are stories reported regularly in Indias newspapers of soldiers and policemen raping

girls and women and facing no legal or professional repercussions. The deep chauvinism that

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runs through Indias public institutions is apparent from the level of local councils (khap

panchayats) to the highest levels of the judiciary.

Despite these deep-rooted structures of patriarchy, there is plenty within the rich and

historical culture of India that not only affirms the value and dignity of women but

portrays them as leaders and warriors. Women can be found at the highest levels of

almost every area of public life in India, from politics to academia to cinema. India

has a long and vibrant history of womens movements, and contemporary womens rights

advocateswhilst fighting many long-standing issuesare adeptly using new strategies

to go about their work. Now that those accused of the rape and murder of Jyoti

Singh Pandey have been tried, and the protestors and their placards have left the streets, the

difficult journey towards identifying and changing the inherited prejudices of a collective

conscience must continue.

SUGGESTIONS

The women who are disproportionately the victims of violence deserve better. The

women who will potentially be victims of this type of violence deserve better. As a

society, we are not serious about ending violence against women. We pay great lip

service to the idea, but we arent willing to interrogate the ways in which we have accepted

gendered violence in our everyday lives. We teach boys this general message about

how theyre supposed to respect women while writing off all behavior that is blatantly

disrespectful (and dangerous) toward women as boys being boys. Again we are not talking

on equality plane, we are asking them to give something gratuitously on their sweet will

that is their right and obviously this is a wrong way, instead, they should be asked not to

interfere in the right that belongs to female exclusively. Any message to the contrary only

further perpetuates the idea that all of this is OK.

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Now its time that we should do something real to actually make women safer. Lets remove

the threat. Society need to stop making excuses and talk to young boys about how to end

violence against women and girls. Society need to stop thinking this vaguely defined

respect for women is enough. Encouragement of condoning harmful behavior with the

ridiculous boys will be boys mantra required to be stopped. And, for all our sakes,

quit it with the false equivalencies. Physical weakness of women does not mean to

restrict her independent thinking and action. Her perseverance, patience and devotion

to duty, attitude to accept challenges unhesitatingly and nature to bear everything silently

should not be taken for granted. They are the symbols of inner strength, not of their

weakness. Violence against women is not inevitable. We can eliminate it. We just have to

have the courage to take on that challenge. Following are some suggestions which the

researcher would like to highlight at this stage of the study as under:

1. Internalization of conceptions of freedom and dignity

The whole thing could be resolved if people internalize the concept of freedom.

Freedom means each person in every role respects the other's liberty and dignity. This respect

is accorded both at work and at home. Unfortunately, conceptions of freedom and dignity are

not yet known, leave alone internalized, in India. The idea that women should choose their

life, their career, their gods, their husbands, and their future: this idea is anathema to many

Indians.

True, India does have a faint tradition of freedom. As the religious leader

Vivekananda said, "Liberty is the first condition of growth. Just as man must have

liberty to think and speak, so he must have liberty in food, dress, and marriage, and in every

other thing, so long as he does not injure others." I don't believe Vivekananda restricted his

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concept of freedom only to men. But his ideas (110 years ago) were too advanced even for

today's India. India doesn't have even the rudimentary understanding of liberty.

2. Realization of Equality

What is required is to give women regard as an equal human, who is having all rights to

decide about herself. Women today excelled in every field. With her talent she has proved

herself in every walk of life. Against all odds women have been working very well. But

women are yet to get their proper dues. They have to face hurdles and tests at every step.

With progress it was intended that we are heading towards a civilized world, but increasing

rate of crime against women is pointing otherwise. Now despite being an equal being in

every sense in reality women have been provided with only two options that are submit

herself at the mercy of male either in the name of security or submit your economic freedom.

Women form almost half of population, but still is fit to be put in list of endangered

species, since she is safe nowhere. As Swami Vivekananda has rightly said, the

progress of a society can be rightly judged only by condition of its women. The progress of a

society is impossible till the condition of its women got better. The alarming increase in

crime rate very clearly shows the extreme price women have to pay for her respect,

independence and pride. Women want and deserve a life of dignity, equality and

freedom, not just being a maimed animal to be tamed and instructed for every do and

dont.

3. Literacy rate need to contribute in real sense

No denial to admit that the literacy rate went up from 64.83% in 2001 to 74.04% in 2011

showing an increase of 9.21%. Interestingly, females literacy level saw a significant

jump as compared to males between 2001-2011.While female literacy in 2001 stood at

53.67%, it has gone up to 65.46% in 2011. The male literacy in comparison rose from

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75.26 to 82.14%. But there has been a decline in the values in the society. Education System

to be inclusive of our cultural heritage, values etc. for uplifting the present standard of living.

4. Gender budgeting

The researcher feels that women are still holding a secondary position in India

because there work and role is undervalued or unrecognized and disguised in our

societies. Her labor is taken for granted as traditionally her role doesnt have a monetary

value while men are considered as a bread earner of the family. Gender inequality is

still very evident in this respect, as indicated by the following United Nations

statistics: Women perform 2/3 of the world's work, Women earn 1/10 of the world's income

Women are 2/3 of the world's illiterates, and Women own less than 1/100 of the

world's property. There is a need to acknowledge their role in the development of

country and this can be possible by concept like gender budgeting etc., where role of

women is provided recognition in monetary sense which is really necessary for the growth

and development women community as a whole. If role of women is recognized in

terms of money then definitely her condition is going to improve, so gender budgeting

can prove to be an important instrument in women empowerment.

5. Nirbhaya Fund

The researcher feels that schemes like Nirbhaya Fund Scheme for Women Safety in

Public Road Transport which is under process and targeted to be completed in 2 years are an

important step towards the safety of women. The proposal include setting up of a unified

system at the National Level (National Vehicle Security and Tracking System) and

State level (City Command and Control Centre) for GPS tracking of the location of,

emergency buttons in and video recording of incidents in public transport vehicles. In the first

phase, 32 cities of 13 States in the country with a population of 1 million or more will be

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covered. This scheme include funds for gender budgeting and child budgeting also, which

is a positive step in the direction of women safety and empowerment. Total estimated

cost of the project is Rs. 1404.68 crore which will be funded by Ministry of Finance from

Nirbhaya Fund and an additional of Rs. 1000 crore has provided by govt. for this fund in

its 2013 budget.

6. Avoidance of Sympathetic approach

For the development of women the first and foremost requirement is that there should be

equal regard for them in every sense and sympathetic approach has to be avoided. Women

and men are born equal. There is systematic distribution of work in our society; both

are playing their roles accordingly. So the concept of sympathy and providing right to

another person should be avoided, as the rights are inherent by virtue of her being born

a human and for realizing them she shouldnt be dependent on the mercy of anybody. As

swami Vivekananda has rightly pointed out that welfare of women is impossible if somebody

else work on her behalf, she herself has to come forward to analyses the situation and do

reforms.

7. Taking stigma out of sex crimes

The incident itself raises certain vital questions on how rape and sexual assault must be

reported and discussed in online and offline media. One of the common assumptions

made about rape reporting is that the details somehow further shame the victim, bringing her

and her family into perpetual disrepute. It is argued, and justifiably, that the girls

future, her marriage, and her career are all jeopardized by the episode. The tendency therefore

and it is motivated by the best of intentions is to use disinfected language and

generic phrases to describe an incident that has perhaps been frighteningly toxic in

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reality. The disadvantage of this approach is that too many people then tend to underplay the

episode.

Rape has always been seen as a stigma that only the woman victim has to bear. It is vital to

change this perspective. Thus, while lauding the reporters courage to complain, it is

equally important to laud her fearless decision to document every detail. The fear of

being disgraced is one of the biggest reasons sexual crimes go largely unreported by

women. It must be unequivocally established that the only shame in these incidents

belongs to the perpetrator, and that the victim can continue to walk tall in society. The

overwhelming need to hush it up, to take on the onus of the disgrace, puts a huge double

burden on the victim. Having been subjected to some of the most appalling abuse, the

inability further to talk about it turns the balance hugely in the perpetrators favour. It

makes it fantastically easy for him to get away with lies and half-truths, with

justifications, insinuations and character assassination.

8. Renouncing social ostracism towards the victim of sexual offences

Where we are talking about change at macro level to prosecute perpetrators of sexual crime,

ground reality for victims is entirely stunning and shocking. Young victims find

themselves moving from well-meaning anonymity to be turned in to nonentities at the behest

of social ostracism. Society doesnt accept them and due to the deep engrained chauvinism

victim of sexual crimes are the worst sufferers. A 13 year old girl who was raped by a 60

years old fruit vendor was expelled from school with her two younger sisters, in a similar

incident the mother of a 16 year old gang rape victim was murdered for lodging F.I.R against

the accused. So along with the brunt of crime victim also face non cooperation and

repellence from the society as if they are criminals. This social abhorrence towards

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victim is required to be removed from the society and instead victim friendly atmosphere

is required for rehabilitation of victims.

9. Sensitization/ Accountability of judiciary and police

The researcher sincerely believes in the need to sensitize the judiciary and police and to fix

their accountability. It will be an important step towards affirming faith of women

victims in judiciary. Lack of sensitivity is clear from the data of underreporting of

cases of violence by women and even out of reported cases very less conviction rate

i.e. only 19% due to lack of evidence. There is rise of about 120% in crime against

women in past three years and the conviction rate is constantly falling. Investigations into

crimes against women continue to be shoddy and slow and, at times, are deliberately

botched. This is so because a very large number of officers and men in the police

force share with the backwoodsmen of the country stupid views that by coming out after

dark in western clothes women provoke men to rape them.

10. Uniform civil code

To upgrade the condition of women it is necessary that uniformity in law should be

brought to bring certainty in divorce law to stop exploitation of women at the whims of male.

Bringing the Uniform Civil Code means to make change in entire gamut of personal laws

related to property, marriage, divorce, maintenance, adoption and inheritance. The

minority perceives that it is the Government's interference in their personal matter and

terms this (UCC) as a conspiracy against the community to annihilate them. As well

said by Press Council of India Chairman Markendey Katju "Muslims especially

Muslim women have suffered due to absence of Uniform Civil Code. An archaic law

can't apply to present times," the existing laws which keep female devoid of all kinds of

111
rights on her life , property, career etc. must be changed to provide women a life of free

choice and dignity.

11. Act to combat honor killing need to be passed as proposed by 242nd

Report of Law Commission of India, 2012.

The researcher feels that there is a drastic need to enact a law to combat honor killing. This

crime is constantly committed unabated despite various harsh judgments passed by the

supreme court of India. Law Commission of India in its 242 and Report recommended

for passing of an act to combat honor killing. These recommendations along with Supreme

Court direction are given the shape of an effective act with a speedy move to curb this

menace as early as possible.

12. Women participation in judiciary

Women are considered partner in the democracy but still in judiciary her participation is not

equal, till date we are having only a few percentage share of women in higher judiciary. The

number of practicing women advocates is almost negligible; the highest body of justice is

having only 2 women judges. On the other hand crime against women is rising at an

unprecedented pace. So its high time now that more and more women should enter the

judicial field.

13. Education

Education is both an elevator and a springboard. It allows people to raise themselves up and

to break down the divides that keep them apart. At its best, education is a breaker of

shacklesthe shackles of exclusion and insularity. Sadly, economic clout is not a trivial

matter to accumulate. Not all women can manage economic independence, particularly

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with discrimination against women in so many roles. And the spread of the ideas of

freedom is so slow in India it may take another 10 generations.

So active education need to come into play. This being a social issue, it will take quite a bit

of education to change. And good education, as we well know, is a disaster in India:

virtually non-existent for the vast majority of the people. So the solution will be for people

like you to write textbooks that treat both men and women equally; create movies that show

equality at work and at home. Social reform is not necessarily the task of government. And

it is very tedious. But there are no short cuts here. Like the caste system needs constant

reform, if it is to die out, so also the liberation of women (and men) will take a lot of work.

Now days we need to usher in gender partnership. The relationship between the sexes should

be based on mutual respect for each others role, capabilities and sensibilities. So, in our

society children should be brought up in such an environment of equality that makes

responsible future citizens. Womens perseverance, patience and devotion to duty, attitude

to accept challenges unhesitatingly and nature to bear everything silently should not be taken

for granted. They are the symbols of inner strength, not of their weakness. Violence

against women is not inevitable. We can eliminate it. We just have to have the courage

to take on that challenge.

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