Open Access Research Article
GENDER-BASED VIOLENCE: A PERVASIVE AND CRYPTIC VIOLATION OF HUMAN RIGHTS
Published Paper
Article Details
GENDER-BASED VIOLENCE: A PERVASIVE AND CRYPTIC
VIOLATION OF HUMAN RIGHTS
Correspondence to Authors: -
1. Dr.
Reshma Umair, Assistant Professor at
Amity Law School, Lucknow,
India.
Email: resham10202@gmail.com
•
Contact- 8318851168
2. Pragya
Shukla, 4th Semester student at
Amity Law School, Lucknow, India.
•
Email: payrsshukla@gmail.com
•
Contact:- 8279976875
Abstract: -
Gender-based violence
(GBV) is a serious violation of human rights that affects millions of people
worldwide, particularly women and girls. Despite global efforts to combat GBV,
it continues to be a widespread problem that has severe physical, emotional, psychological,
and economic impacts on survivors. Femicide is a prevalent crime in our
society, and it is a cause of penance and abashment. It is heart-wrenching to
witness the conflicting nature of our society, where people worship different
gods on one hand and on the other hand they commit heinous crimes against
female foetuses. Although prenatal sex determination is illegal, citizens still
find ways to determine the sex of a baby, which creates a disturbing situation
not only for the foetus but also for the mother and society at large. Even
though the government has implemented several laws to improve the status of
women, femicide remains a prevalent issue, and the condition of women who fall
victim to this oppressive society continues to worsen each day. This paper
provides a comprehensive overview of GBV and explores the prevalence of
patriarchy, femicide, and gender injustice. It highlights the impact of GBV on
individuals and communities and the measures taken to prevent it from its
roots.
Keywords: - femicide; patriarchy; penance; abashment; gender-based violence.
Introduction: -
Gender-Based Violence (GBV)
is an act of harm or abuse that is directed towards an individual based on
their gender or sexual orientation. It encompasses a wide range of behaviours,
predominantly aimed at women and girls, including physical, sexual, verbal,
emotional, financial, and psychological abuse. GBV also includes harmful
traditional practices like female genital mutilation, child marriage, and
honour killings. Gender equality is a fundamental right that is crucial for
achieving long-term sustainability, stability, and prosperity. GBV can take
various forms, including intimate partner violence, sexual violence,
trafficking, sexual harassment, stalking, and harmful traditional practices.
Intimate partner violence refers to physical or emotional abuse by an intimate
partner or spouse, while sexual violence refers to any non-consensual sexual
act. Trafficking involves the transportation of individuals for exploitation,
such as forced labour or sexual exploitation. Sexual harassment and stalking
involve unwanted sexual attention and persistent attention, respectively.
Harmful traditional practices are cultural or societal practices that
perpetuate GBV, such as child marriage and female genital mutilation.[1]
Prevalence and causes of Gender-Based Violence(GBV):-
Gender-Based Violence (GBV)
has multifaceted causes that involve individual, social, cultural, and
structural factors. Individual factors include attitudes and beliefs that
justify violence against women and girls, such as traditional gender roles and
patriarchal values. Social and cultural factors include the normalization of
violence and discriminatory practices against women and girls, such as
gender-based stereotypes and unequal access to resources. In some societies,
sons are valued more than daughters, and the birth of a daughter is seen as a
liability rather than a blessing. This belief can lead to the selective
abortion of a female foetus, as parents strive to have a male child. Structural
factors include laws, policies, and institutional practices that promote
inequality and discrimination, such as inadequate legal protections and limited
access to justice. These factors can contribute to the perpetuation of
gender-based violence, as some individuals may feel entitled to control their
partner, or view violence as an acceptable way to resolve conflicts.[2]
Impact and
Repercussions of Gender-Based Violence:-
Gender-Based Violence (GBV)
has profound effects on the physical, emotional, psychological, and economic
well-being of survivors. The physical impacts of GBV can range from injuries
and disabilities to sexually transmitted infections. GBV can also lead to
emotional impacts such as anxiety, depression, and post-traumatic stress
disorder. Psychological impacts may include feelings of shame, guilt, and low
self-esteem.
Additionally, GBV can have
significant economic impacts on survivors, including loss of income and job
opportunities, as well as increased healthcare costs.
After-effects
of COVID-19 on Gender- Based Violence
(GBV):-
The
COVID-19 pandemic has resulted in a sharp increase in Gender-Based Violence
(GBV) worldwide. In India, the pandemic has exposed the prevalence of
patriarchy, gender inequality, and harmful social norms that contribute to GBV.
The social distancing measures and movement restrictions that were implemented
to contain the spread of the virus have made women more vulnerable to violence
by family members, partners, and others in their household.
Data
from NFHS 4 and NFHS 5 show that the percentage of young women aged 18 to 29
who experienced sexual violence before the age of 18 has increased from 10.3%
to 11.0%, and domestic and sexual violence has increased during the lockdown.
Research indicates that unemployed men are more likely to be controlling and violent
towards their partners. The pandemic has weakened women across all gender and
class lines. The household continues to be a space where patriarchy, power, and
dominance are present, and these are perpetuated through marriage and
child-rearing.
The quarantine measures
across the country have cut off women's access to services and information,
exacerbating their social and economic challenges. The primary burden of unpaid
household work has fallen on women, upsetting their work-life balance.
Therefore, it can be concluded that the pandemic has caused a significant
increase in Gender-Based Violence."
Measures to Address Gender-Based
Violence:-
Various
measures have been implemented to tackle gender-based violence, such as reforms
in laws and policies, educational programs, awareness-raising campaigns, and
victim support services. These initiatives strive to enhance gender equality,
increase awareness about the harms of gender-based violence, and provide
survivors with the resources they need to recover from their ordeals.
Additionally, several measures have been implemented to address female
foeticide, including legal and policy changes, awareness-raising campaigns, and
support services for girls and women. These measures aim to promote gender
equality, raise awareness about the harms of female foeticide, and support
girls and women to thrive.
The Beti Bachao, Beti Padhao
(Save the Daughter, Educate the Daughter) campaign in India is an example of a
successful intervention. The initiative aims to raise awareness about the
detrimental impact of female foeticide and to highlight the value of female
children. The campaign also offers financial incentives to families that have
daughters and encourages communities to support girls' education.[3]
Description
and Typologies of Gender-Based Violence: -
Although there has been
significant progress worldwide, gender inequalities continue to persist. The
COVID-19 pandemic has put years of progress at risk. Many girls, particularly
those from low-income families, still confront gender-based discrimination in
education, early marriage and pregnancy, sexual harassment, and unacknowledged
domestic work.[4]
Educational Inadequacy: - In countries with a very low Gross
National Product (GNP), the economic system frequently cannot afford the cost
of public education. In places with a high GNP, educational underachievement is
frequently not due to a lack of economic opportunity but rather a lack of
resource allocation for education. Gender inequality in education is often exacerbated
by conflict, poverty, and other social problems. For instance, girls living in
countries affected by conflict are 2.5 times less likely to attend school than
boys.
Dowry- Death: - Dowry death is a form of
gender-based violence that takes place when a woman is murdered by her husband
or his family due to a conflict over dowry payments. Dowry payments are a
traditional practice in several cultures, where the bride's family is required
to make a significant payment to the groom's family as a precondition of
marriage. Women may be subjected to violence and even killed when disagreements
arise over the payment or non-payment of dowry.
Female Foeticide: - Female foeticide is a form of
gender-based violence that involves the intentional termination of a female
foetus due to a preference for male children. This practice is common in
several parts of the world, particularly in Asia. The issue of female foeticide
is closely connected to broader issues of gender inequality, including
discrimination against women and the devaluation of girls and women in many
cultures. The repercussions of female foeticide can be extremely severe for
individuals and communities. It can perpetuate gender inequality by promoting
the belief that male children are more valuable than female children.
Furthermore, selective abortion can lead to an increased risk of maternal
mortality and morbidity, resulting in serious health consequences for women. In
addition, female foeticide can create a demographic imbalance by causing a
shortage of women in certain populations.[5]
Honour-Killing: - For many
years, India, particularly the northern regions, has experienced a significant
incidence of honour killings. The term "honour killing" refers to the
act of a family member killing another family member who is believed to have
violated community norms and brought disgrace to the family. This practice
stems from the belief that women are objects or commodities, lacking in dignity
and rights, and are therefore required to conform to the norms established by
patriarchal societies. In India, it is commonly believed that the preservation
of a woman's hymen and "sexual purity" is the responsibility of male
relatives.6
Domestic Violence: - Domestic violence is a type of
behaviour used to exert power and control over an intimate partner. It involves
various forms of harassment, including physical, sexual, emotional, economic,
and psychological abuse. Domestic violence can take many different shapes,
including threats, intimidation, manipulation, insults, accusations, and
physical harm. These behaviours are particularly damaging to individuals who
are already marginalized, such as those in minority groups or those with limited
resources. Overall, domestic violence has serious negative effects on the
well-being of those who experience it.[6]
Workplace Harassment: - Workplace
harassment or bullying happens when one or more employees are subjected to
insulting or mistreating behaviour from their co-workers. The main goal of
workplace harassment is to create an environment where the victim feels unsafe
and uncomfortable. Harassment can take many forms and can affect different
groups of people, including women, ethnic minorities, sexual minorities, people
with disabilities, and immigrants. This behaviour is not limited to a
particular group and can be carried out by those in positions of power who
target multiple groups.[7]
Forced Marriage: - Forced
marriage is a type of violence that results in severe violations of the
fundamental human rights of women and girls. It can lead to physical harm as
well as mental, sexual, and reproductive health issues, which in turn can
impact their education, privacy, freedom, and independence. Overall, forced
marriage strips individuals of their autonomy and causes significant harm to
their well-being.[8]
Prevention and Response Strategies: Preventing and responding to Gender- Based Violence
(GBV) require a comprehensive and multi-faceted approach involving various
actors, including governments, civil society organizations, and communities.
Prevention strategies include raising awareness, changing attitudes and
beliefs, promoting gender equality, and ensuring access to education and
economic opportunities. Response strategies include providing legal protections
and access to justice, providing medical and psychological support to
survivors, and holding perpetrators accountable.
In recent years, technology
has played a crucial role in addressing gender-based violence. Online platforms
are used to raise awareness about the issue and connect victims with support
services. The prevalence of gender-based violence and the need for action have
been highlighted by social media campaigns and hashtags such as #MeToo, which
have aided in raising awareness.[9]
Conclusion:
Gender-based violence is a
serious and multifaceted problem that affects individuals and communities
globally. By addressing the root causes of gender-based violence, raising
awareness about its impact, and providing support to survivors, we can work
towards a future where gender-based violence is not tolerated or accepted.
Despite
progress being made in the fight against gender-based violence, there is still
much to be done. One of the biggest challenges is changing deeply ingrained
cultural and societal attitudes towards gender roles and relationships. This
can be achieved through long-term efforts such as education and awareness
campaigns, which promote gender equality.
Another
challenge is providing sufficient support and resources to survivors of
gender-based violence. This includes access to safe housing, legal aid, and counselling
services. While governments and NGOs have a crucial role in providing these
services, funding and resource shortages are often prevalent.
In conclusion, gender-based
violence, including domestic violence, is a significant issue that affects individuals
and communities worldwide. Addressing the underlying causes of genderbased
violence and providing adequate support to survivors are vital steps towards
ending this pervasive issue. With collective efforts, we can strive towards a
future where genderbased violence is not accepted or tolerated.[10]
Article Information
GENDER-BASED VIOLENCE: A PERVASIVE AND CRYPTIC VIOLATION OF HUMAN RIGHTS
Authors: Dr. Reshma Umair, Pragya Shukla
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/03/27
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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