VIOLENCE AGAINST WOMEN IN PUBLIC SPACES: LEGAL AND POLICY INTERVENTION BY - HARSHITA KASHYAP
VIOLENCE
AGAINST WOMEN IN PUBLIC SPACES: LEGAL AND POLICY INTERVENTION
AUTHORED BY - HARSHITA KASHYAP
Tezpur Law College, Guwahati
University
Abstract
Public violence against women
continues to be a serious worldwide problem that has an impact on women's
safety, mobility, and general well-being. The nature of violence against women
in public places, its legal and policy frameworks, and workable solutions are
all examined in this research paper. The study identifies important
interventions and suggests ways to make public spaces safer for women by examining
international agreements, national legislation, and best practices.
Keyword – public violence, women, mobility,
well-being, public places, policy frameworks, interventions, international
agreements, national legislation
Introduction
Sexual assault, physical abuse, stalking, and
harassment are examples of violence against women in public places. Women's
freedom, civic engagement, and access to economic and educational opportunities
are all restricted by this kind of violence. Even with advancements in gender
equality legislation, many women still feel uneasy and afraid in public places.
Effective policy initiatives and a thorough legal framework are needed to
address this problem.
The United Nations defines violence
against women as "any act of gender-based violence that results in, or is
likely to result in, physical, sexual, or mental harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or in private life"[1]
Forms of
violence against women in public spaces
In every nation in the world, women
and girls experience sexual harassment and other types of sexual violence in
public places on a daily basis, whether in urban or rural areas.
From unwanted sexual comments and gestures to rape and feticide, women and girls encounter and fear various forms of sexual violence in public settings. Streets, public transportation, schools, workplaces, public restrooms, food and water distribution locations, and parks are all places where it occurs.
From unwanted sexual comments and gestures to rape and feticide, women and girls encounter and fear various forms of sexual violence in public settings. Streets, public transportation, schools, workplaces, public restrooms, food and water distribution locations, and parks are all places where it occurs.
The freedom of movement of women and girls is diminished by this reality. It limits their capacity to engage in public life, employment, and education. It has a detrimental effect on their health and well-being and restricts their access to necessary services as well as their ability to engage in cultural and recreational activities.
Despite the fact that workplace and domestic violence are now[2]
Ø Sexual Harassment- Sexual assault, physical abuse,
stalking, and harassment are examples of violence against women in public
places. Women’s freedom, civic engagement, and access to economic and
educational opportunities are all restricted by this kind of violence. Even
with advancements in gender equality legislation, many women still feel uneasy
and afraid in public places. Effective policy initiatives and a thorough legal
framework are needed to address this problem.
Ø Physical Harassment- Women's mobility, sense of security,
and access to public life are all impacted by the pervasive problem of physical
harassment in public places. It encompasses behaviors like pushing, slapping,
groping, and other unwelcome physical contact. In crowded places like public
transportation, marketplaces, streets, and workplaces, this kind of harassment
is common. Because of stigma, fear, or a lack of faith in law enforcement, many
incidents remain unreported despite legal advancements.
Ø Cyber harassment- Cyber harassment encompasses
non-consensual image sharing, online threats, stalking, and other types of
digital abuse directed at people based on their gender. Women are
disproportionately impacted, especially public figures, journalists, and
activists. Cyber harassment, in contrast to physical harassment, is not limited
by geography and frequently follows victims into their personal lives.
Anti-cyber harassment laws are still not consistently enforced, despite the
increase in incidents.
Ø Stalking- Stalking can happen online, in public
places, and at work. It frequently escalates into physical violence or extreme
mental anguish. Women and other vulnerable people are disproportionately
affected, and stalkers use strategies like following, surveillance, persistent
messaging, and threats. Stalking is still underreported despite its growing
legal recognition because of social stigma, insufficient legal enforcement, and
fear of reprisals.
Ø Harassment in public Transport- Public transportation is a vital
service that allows millions of people to move around every day. But safety
issues continue to be a major obstacle to equal access, especially for women
and underrepresented groups. There are several ways that harassment occurs on
public transit, such as groping, catcalling, indecent exposure, and
intimidation. Even though such behavior is illegal under law, enforcement is often
lax, giving victims few options.
Legal
Frameworks Addressing Violence Against women in public spaces
1. The convention on the elimination of
all forms of discrimination against women-
The United Nations
General Assembly adopted the Convention on the Elimination of All Forms of
Discrimination against Women on December 18, 1979. After being ratified by the
twentieth nation, it became an international treaty on September 3, 1981.
Nearly 100 countries had consented to be bound by the Convention's terms by its
tenth anniversary in 1989.
The United Nations
Commission on the Status of Women, which was founded in 1946 to monitor women's
conditions and advance their rights, spent more than thirty years working
toward the Convention. The Commission's efforts have been crucial in
highlighting all the ways that women are not treated equally to men. [3]
2. The UN sustainable Development Goals
–
Eliminating all forms of
violence against women and girls in both public and private settings is the
specific goal of Goal 5.2 of the UN Sustainable Development Goals (SDGs). This
covers sexual exploitation, trafficking, and other forms of exploitation.
Ø Addressing physical, psychological,
and sexual violence in homes and relationships is the first step towards ending
domestic and intimate partner violence
Ø . Fighting Human Trafficking and
Exploitation: Stopping forced prostitution, human trafficking, and other types
of exploitation
Ø Ensuring Legal Protections and Policies: To
shield women and girls from violence, laws and enforcement systems should be
strengthened.
Ø . Encouraging Safe Public Spaces:
Cutting down on harassment and violence in public areas, schools, and
workplaces.
Ø Improving Support Services: Giving survivors
access to counseling, shelters, and legal assistance.
3.
The UN safe cities and safe public spaces program-
In order to prevent and address sexual harassment and other
types of violence against women and girls (VAWG) in public settings, UN Women
is spearheading the global UN Safe Cities and Safe Public Spaces Program. In
order to create safer urban environments, it collaborates with cities, local
governments, civil society, and other stakeholders. It was established in 2010.
Objectives-
Ø Stop Sexual Harassment and Violence:
Create laws, plans, and projects to stop violence against women in public
areas.
Ø .Enhance Public Spaces: Make sure
that infrastructure and urban planning are inclusive and gender-sensitive.
Ø Strengthen Laws & Policies: Promote and
put into effect legislative measures that safeguard women in public areas.
Ø Involve Communities: Collaborate with
neighborhood organizations, particularly women and girls, to pinpoint safety
issues and potential fixes.
Ø . Measure Progress: Evaluate the effects
of interventions and inform policy choices with data and research.
Laws for
protection
Ø Sexual Harassment Laws - Sexual harassment stories
occasionally make the front page of business newspapers, especially when the
accused is a well-known CEO. When a well-known CEO of an Indo-US company was
recently fired by the board, sexual harassment made headlines in India. This
article discusses the procedures that an Indian business must follow in
accordance with the country's sexual harassment legislation, which was approved
by the president on April 22, 2013. The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Bill was approved by the Indian
Parliament on September 3, 2012, in the Lok Sabha, and on February 26, 2013, in
the Rajya Sabha. After being published in the Indian Gazette, the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 (also known as "The New Law") went into effect on April 23, 2013
went into effect after being published in the Indian Gazette.[4]
Ø Anti-Stalking Laws- According to Section 354D of the
Indian Penal Code, stalking is defined as the act of persistently following,
contacting, or attempting to contact someone in spite of their obvious lack of
interest or through any other form of communication, causing the victim to feel
afraid or distressed. In India, stalking is punishable by up to three years in
prison and a liable fine for a first conviction, according to Section 354D (2)
of the Indian Penal Code. For a second or subsequent conviction, the offender
faces a maximum sentence of five years in prison and a liable fine.
Ø Public safety Regulations- Laws, rules, and regulations
pertaining to public safety are intended to protect people's health and safety
in public areas, workplaces, transit, and online settings. Governments, law
enforcement, corporations, and communities must work together to implement
effective public safety measures.
Policy
Intervention to prevent violence against women in public places
·
Enhancement to infrastructure and urban planning
Ø Improved Street Lighting: Places
with adequate lighting are less likely to experience violence.
Ø Surveillance Systems: Emergency call centers
and CCTV cameras can serve as deterrents to criminals. The creation of secure
transportation hubs, parks, and public spaces that put women's safety first is
known as gender-sensitive urban design.
·
Initiatives based on community-
Ø Bystander Intervention Programs:
These teach people how to spot harassment and take appropriate action.
Ø Women's Safety Apps: These are Smartphone apps
that let women report problems and ask for assistance.
Ø Women-Only Spaces and Safe Zones: Creating
specific safe spaces in public areas, such as transit systems.
Ø Reforms in the judiciary and law
enforcement
·
Better
Law Enforcement Training: Teaching police officers how to handle cases of
gender-based violence in a tactful manner
·
Gender-Based
Violence Fast-Track Courts: These courts expedite trials for cases involving
violence against women.
·
Tough
Penalties for Offenders: Raising fines to discourage recurrent infractions.
·
To
teach communities about the importance of women's rights are known as public
awareness programs.
·
Training
in Schools and the Workplace: Including instruction on gender equality in
curricula and workplace regulations.
·
Media
Responsibility: To counter stereotypes, promote positive representations of
women in the media.
Recommendation
and future directions for public safety Regulation
A comprehensive strategy that
incorporates social, technological, and legal interventions is needed to ensure
public safety, especially in light of violence against women in public areas.
The following suggestions highlight important areas for future development,
with a focus on public involvement, cross-sector cooperation, improved
reporting, legislative reform, and technological innovation
1.
More robust integration of laws and policies-
·
A
cohesive and efficient legal framework for public safety depends on local laws
being in line with international human rights standards. There are gaps in
protection and enforcement because many nations still lack comprehensive laws
that address cyber violence, stalking, and public harassment.
2. Improved Reporting Systems-
·
Underreporting
is one of the main obstacles to addressing violence against women in public
places. Low reporting and prosecution rates result from victims' fear of
reprisals, social stigma, or inaction on the part of authorities. To ensure
justice and increase accountability, reporting procedures must be improved.
·
Important
steps include: Digital and Anonymous
Reporting Platforms: Governments and non-governmental organizations should
create safe online portals and mobile applications that enable victims to
anonymously report incidents.
·
24/7
Help lines and Crisis Centers: Setting up widely advertised, 24-hour help lines
can give victims prompt assistance and direction.
·
Integration
with Law Enforcement: For quicker response times and data-driven policymaking,
digital reports ought to be directly connected to law enforcement and legal
authorities.
·
Promoting
Bystander Reporting: Public awareness initiatives ought to enable bystanders to
come forward with reports of harassment and take action.
3. Collaboration across Sectors
Governments are not the
only entities responsible for maintaining public safety. More efficient and
long-lasting safety solutions can result from a multi-stakeholder approach
involving governments, law enforcement, civil society organizations, the
commercial sector, and educational institutions.
Important steps include:
• Public-Private Partnerships for
Safety Infrastructure: Companies, especially those involved in urban planning
and public transportation, should work with government agencies to enhance
lighting, security personnel deployment, and surveillance.
·
NGO
and Community-Led Initiatives: Activists at the grassroots level are essential
in promoting legislative changes, aiding victims, and increasing public
awareness.
·
Corporate
Responsibility Programs: Businesses ought to put workplace safety regulations
into place and train staff members on how to avoid harassment.
·
Educational
Institutions as Safety Advocates: Schools and colleges should create support
networks for students who are being harassed and include safety education in
their curricula.
4. Safety Solutions Based on Technology
One of the best strategies to improve public safety is to use
technology. Mobile apps, AI, and GPS tracking can all help stop harassment in
public areas and offer real-time security solutions.
Important steps include:
·
AI-Powered
Surveillance Systems: AI-enabled smart security cameras are able to identify
questionable activity and notify authorities before situations get out of hand.
·
GPS-Enabled
Emergency Alerts: When a user feels unsafe, they can use mobile applications to
send their location to law enforcement and emergency contacts.
·
Public
Places and Transportation: Placing panic buttons in taxis, buses, and trains
can help victims get help right away.
·
Wearable
Safety Devices: Personal security can be improved by smart watches and wearable
alarms that notify emergency personnel of distress.
Conclusion
A multifaceted strategy combining
legislative actions, policy interventions, and social change is necessary to
address the serious human rights issue of violence against women in public
places. Even though there has been progress, more work is required to establish
safer spaces where women can move around freely without worrying about
violence. To guarantee women's right to safety in public areas and to put
sustainable solutions into practice, governments, communities, and individuals
must collaborate.