LEGAL FRAMEWORKS AND CHALLENGES ON SEXUAL OFFENCES AGAINST WOMEN AND CHILDREN UNDER BHARTIYA NYAYA SANHITA BY - NOOR ZAHRA RIZVI
LEGAL
FRAMEWORKS AND CHALLENGES ON SEXUAL OFFENCES AGAINST WOMEN AND CHILDREN UNDER
BHARTIYA NYAYA SANHITA
AUTHORED BY - NOOR ZAHRA RIZVI
Student L.L.M
United University, Prayagraj
Abstract
For the
first time in comparison to Indian Penal Code is another name of Bhartiya Nyaya
Sanhita introducing a new Chapter V (Offences Against Women And Child Under
BNS) by harsh punishments for the criminals. This research paper aims to
explore the principles under the Bhartiya Nyaya Sanhita dealing with new
sections on sexual offences against women and children, and exploring their
effectiveness in ensuring justice for the victims. Beyond the Protection of
Women Voyerism, Stalking, False promises of marriage to women Sexual offences
against women and children are a very serious concern in our society. harassment rape cases are increases day by
day in our country. This reasearch paper explore that BNS plays a vital role in
addressing and new laws on sexual offences Bharatiya Nyaya Sanhita, which keep
strong focus against women’s violations. How to protect women and children from
sexual offences and sexual exploitation.
Keywords: BNS, Indian
Criminal Justice System, IPC, Sexual Offences
Introduction
The
Bhartiya Nyaya Sanhita (BNS)[1]
was enacted on December 25, 2023 replacing the Indian Penal Code (IPC) of 1860
to streamline the provisions relating to offences and penalties, which is
principal law on criminal offences. The BNS has introduced the significant
changes to the criminal justice system It provide first time community service
as one of the punishments for petty offences. The offences which are against
the women and children, murder or offences against the State have been
precedence. The fines and punishments for various offences have also been
suitably enhanced. The Government also considered to make existing laws
relevant to contemporary situation and provide speedy justice to common man. And
new offences also have been made like gender neutral. Now BNS introduced new
chapter V for protection of women and child from sexual and sexual exploitation
offences. The BNS consists of 20 Chapters with the focus on sexual offences against
women and children. Sexual offences [2][3]against
women and children are a very serious concern in our society. harassment rape cases are increases day by day
in our country. This reasearch paper explore that BNS plays a vital role in
addressing and adding new laws on sexual offences Bharatiya Nyaya Sanhita,
which keep strong focus against women’s violations. How to protect women and
children from sexual offences and sexual exploitation. Under a BNS there is new
sections added. Now the law has streamlised the criminal justice system by
consolidating an offences and reducing the numbers of the sections from 511 to
358.
Offences
Against Women
First of
all as we know, that violence against women is perhaps the most shameful human
violation. Offences against women is very deeply rooted. Women and girls in our
country are born into social and cultural system where women facing inequality
and discrimination, Girls and Women receiving an unfair share’s of opportunities’
and attention from society. There are the many reasons Why offences against
women are a huge problem in India .The main reason are:
·
Restriction by families getting higher studies which
come from ancient mindset.
·
Unequal child rearing and child practices in our
society.
·
Education system based on gender biased which lack of education
opportunities for girls.
·
There is a lack of system to collect crime surveillance
data.
·
Male dominated power in their families and
relationships.
·
Partialy in genders in sectors of workplace.
·
Family pressure in raising voice against rape cases and
sexual harrassment[4].
·
Violence[5]
and sexiest supportive contexts cultures.
·
Poverty and middle class families girls mostly suffers
in working place.
·
Early marriages of a girl with or without her consent is
constitutesing in a form of offence.
·
Genital Mutilation problem in females which lead her
life to death with increased physcial suffering.
·
Women’s and girls killing in the honor of families due
the various reason such as premartial relationship with or without sexual
relation. Like the most highlighted case of Delhi recent case Murder of
Shraddha Walkar Aaftaab Poonawala Case.
·
The custom of Dowry system is still agreed in Indian
marriages like recent case Vismaya Case In Kerala Women
exploitaion in favor of unwanted physical relation Request for sexual favor,
verbal harrassment Intimidating or Threats. Even Women are not safe at their
workplace. recent case Kolkata rape case in RG KAR Hospital
Offences Against
women relating to marriages
Dowry[6]
Death [7]is
a very serious concern in our society. India mostly alarming in timelines event
as trend of dowry death according to which 20 women die everyday as a result of
Dowry Death which leads their life to death, related to harrassment either
murdered or compelled to suicide.
Dowry Death
are those offences in which the husband and his family (in laws) kill or
commit suicide as a result of brides unhappiness with dowry demand’s shortly
after marriage Mostly in majority of the dowry killing cases young women / girl
results killing herself because she can no longer stand the abuse torcher
harrassment and sexually abuse for greediness of dowry.
Rights organization
have noted that cultures or customs of granting dowries attempts to create the
gender inequalities and fuels the persistently high rates of dowry violence
against women’s in India. Now Bhartiya Nyaya Sanhita plays an important role by
rigorous punishments to the offenders who leads women life to death.
Section 80
says that where the death of women is caused by burns or bodily injury or
occurs otherwise than normal circumstances within seven years of her marriage
it is 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 call “dowry death” [8]
and such husband or relative shall be deemed to cause her death.
Punishment
for Dowry Death under BNS: 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.
Relevant Dowry
Death Cases: Kans Raj vs State of Punjab & Ors on 26 April 2000, Pawan
Kumar & Ors vs State of Haryana on 9 February 1998, Kamesh Panjiyar @
Kamesh Panjiyar vs State of Bihar on 1 February 2005
Offences Against Child
Offences
against children is concerned very seriously all over globally. Because
children are flowers who don’t have knowledge of cleverness cruelty, Since
child ages have been victimized abuse, harassed by others. As we look in to our
society mostly children’s are pressurized by crime offenders for their misuse
in case of exploitation pressurized for begging, theft, robbery and sale of
drugs. As though out child ages recent also have been bought exploited and
killed. Procuration[9] of
child is very serious crime in nature Children’s are so pure and innocent in
nature as they are misused by others. Especially at that time when offence[10]
evolve it will be shameful at the time which society hate it’s Government
implemented various policies laws and order to protect the children from sexual
exploitation, Sexual harrassment under age of 18 , sexually abuse, mentally
abuse .In India mostly children who are suffer from lower society they are
misused by other for the sake of their benefit by involving them in criminal
activities , by making them criminal mind set in society .And also rapes cases
against children in India have increases day by day , through which mostly minor child’s
are suffers .As we observe that increasing rate of crimes against children’s
assumes that “Children’s are not safe in India “Through Bhartiya Nyaya Sanhita[11]
strictly focuses on child offences by providing rigorous punishments to the
offenders in new criminal laws.
Through
in its legal framework new laws and punishment terms are introduced for providing
protection to children.
Offences[i]
Against Children Under The Bhartiya
Nyaya
Sanhita 2023[12]
BNS aims to
discourage and penalize individuals who involves children in criminal
activities, emphasizing a strict and deterrent punishments to protect well
being of minors and prevent their exploitation for unlawful purposes. As
Section 117(3) of Bhartiya Nyaya Sanhita introduces a stringiest provision.
·
Child Exploitation - Over 80% of
child abuse and exploitation perpetrators are between the ages of 18 and 14.. Whenever
hiring a child or employing a child to commit an offence including sexual
pornography falls under punishment of Section 98 of BNS which deals with
Child Exploitation .
·
Abandoned and Concealment – In India
heartless parents are mostly doing such crime against newborn and unborn child,
causing of miscarriage, injuries to unborn child, abandoned and exposure of
infants mostly who are from middle class secretly disposal of infant bodies
such a serious offence falls under Section 93 and Section 94 of Bhartiya Nayay
Sanhita.
·
Procuration – It is also a major problem in India
that, selling and buying of girls, procuration of minor reported 100 cases a
day in India. To prevent such crimes BNS introduce new law falls under Section 96
which deals with procuration of child illicit purpose Mostly child belong to
lower class are suffering because of poverty in India
·
Kidnaping- the alarming rise in India mostly
in cases of kidnapping with human trafficking cast a dark shadow over nation’s
future were reported every single hour during a year according to National
Crime Bureau Record which is unlawful including in Section 137 of BNS which
addressing kidnapping in 2 kidnapping[13][14]
from unlawful guardianship and kidnap a person beyond Indian border without a
consent.
Research
Problems: As we all know that
research on rape is immeasurable Issue Because it has a very wide concept, As
we look into past cases also The most highlighted cases in India are Nirbhaya
Case, Shakti Mill gang rape case, Kolkata Rape Case, Research Problem: Sexual
Offences Against Women and Children under the Bhartiya Nyaya Sanhita[ii]
Sexual offences against women and children have been a pressing issue in India
for man-years. The Bhartiya Nyaya Sanhita, also known as the Indian Penal Code,
is the primary legislation that governs criminal law in the country. However,
despite the existence of laws aimed at protecting women and children from
sexual violence, the prevalence of such offences remains alarmingly high.
According to a report by the National Crime Records Bureau,[15]
there were over 32,000cases of rape reported in India in 2019, with a
significant number of victims being women and children. This highlights the
urgent need for research to understand the factors contributing to the high
incidence of sexual offences and to identify effective strategies for
prevention and prosecution[16].Now
As I observed in our society women’s are facing these challenges relating to sexual
offences which are really today expand as a big impact on women’s medical
health issue due to which the innocent victims are suffered which cause
intention in our society that to stop women from doing anything whatever they
want to do It’s a biggest challenges that women’s are facing . As according to
my research I observed that in society women’s and minors are afraid forward
for justice, because of the national rape rate is high. As relevancy of my
thoughts BNS really take a changes in criminal justice which sures women’s for
their justice.
Challenges:
The Bharatiya Nyaya Sanhita (BNS) has arrived and is
applicable as of 1 July 2024, bringing significant changes to India’s criminal
justice system. Under the new provisions, if someone engages in intercourse or
lures another person for sexual favors under the pretense of employment, this
act is now criminalized and equated with rape. While this aims to provide
stronger protection, it also raises concerns since such offenses have
traditionally been treated as civil issues rather than criminal ones. Now BNS role
in challenges for safety of women and child. The only good thing is that age of
marriage and age of consent have been made uniform, as the Court had decreed Independent
Thought v UOI. Now we have removed the window of 15-18 years and amended
the statutory provision to make rape of a girl below 18 years of age a crime,
irrespective of her marital status and relationship with the accused[17].
Crimes against the women and children deeply impact on society by instilling
fear, disrupting family structures, and causing severe psychological and
physical trauma. These crimes undermine social stability, hinder economic
progress, and strain healthcare and legal systems. Addressing them necessitates
focused protection, support services, and legal measures to ensure safety and justice.
Amidst India’s evolving legal landscape, the Bhartiya Nyaya Sanhita (BNS)
emerges as a beacon of hope, promising enhanced protection and justice for
women and children through comprehensive and modern reforms. The new criminal
law reforms in India are designed to update and decolonize the legal system
inherited from British rule. The reforms under the new criminal law represent a
comprehensive and modern approach to enhancing the safety and protection of
women and children in India. By addressing gaps in the IPC, introducing
stringent punishments, and incorporating technological advancements, the BNS
aims to create a more effective and responsive legal framework. These changes
reflect a commitment to justice and a recognition of the unique vulnerabilities
faced by women and children, offering them greater protection and support
within the criminal justice system.
Conclusion:
The key
changes in Bhartiya Nyaya Sanhita 2023 highlight a shift towards modernization
and responsiveness to the needs. The Bhartiya Nyaya Sanhita has robust
provision to protect the women and children from sexual offences by strict the
punishments for rape, gang rape and acid attacks, prohibition of dowry and acid
attacks and domestic violence etc. The BNS take provisions to protecting women
from sexual harassment and stalking and safeguards child under (POCSO Act[18])
provide restriction on child labor and child marriage .BNS is taking steps
forward for women’s rights by providing Triple Talaq Act 2019 and by amending the
POCSO Amendment Act .BNS plays a vital role in safeguarding women’s and child’s
right by ensuring their protection and empowerment .BNS played their
collaborative efforts between government NGO[19]
‘s and civil society .By implementing these measures , India can create a safer
and peaceful more just society for women and children .Protecting women’s and
child in India is remains a top priority that BNS providing us a powerful
framework for ensuring justice and empowerment for women .BNS taking necessary
steps for fast justice providing to women and children for their safety and
securing their life .Rape is a severe crime that damages to the individuals and
erodes societal values and safety. While India’s legal framework strives to
support and protect victims, significant challenges persist. To foster a safer
society, it is crucial to enforce laws rigorously, educate the public, and
transform societal attitudes towards sexual violence. Ensuring justice for
survivors and holding perpetrators accountable is vital for creating a more
just and secure environment for all women.
References
–
[1] Bhartiya Nyaya Sanhita ,2023 (45
of 2023)
Child
offence Act Of BNS 2023, Chapter V of Offences Against Women And Children Under
BNS 2023
[4] It is an illegal act which is
against person.
[5] Violence is the use of physical
force to cause harm to people.
[6] Dowry means property or money paid
by the brides family to groom or his family at the time of marriage
[7] Dowry Prohibition Act 1961
[8] Dowry Death presumption as to,
(sec.118, BSA) ,p.550
[9] Procuration means The authority to
act on one’s behalf
[10] Offence means A criminal or an
illegal activity prohibited by law
[11] Bhartiya Nyaya Sanhita is legal
framework, direction of law to save person from punishment or property from
forfeiture .
[12] Hiring, employing or engaging to
commit an offence (sec.95, BNS), p.393
Kidnapping
or abduction of, (sec.97, BNS), p.393 procuration of ,(sec.96,BNS),.393
Selling
for purposes of prostitution etc., (sec.98, BNS),p.393
[15] National Crime Bureau Record is an
investigating agency that collects data and analyzing crime data.
The
NCRB was established in 1986 and its headquarter situated in Delhi.
[16] Prosecution is an act of
prosecuting something especially in criminal cases.
[18] POCSO in act providing for the
protection of children
[19] NGO is nonprofit voluntary group of individuals established
to fix the issue of social structure, kids, the poor, the environment
etc.
Noun
a breach of a law or rule; an illegal act:neither offense violates any federal law
[ii] The Bharatiya Nyaya Sanhita (BNS)
(IAST: Bh?rat?ya Ny?ya Sa?hit?; lit.?'Indian Justice Code') is
the official criminal
code in India. It came into effect on 1 July, 2024 after being passed
by the parliament in December 2023 to replace the Indian
Penal Code (IPC),
which dated back to the period of British India.