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GENDER VIOLENCE AND LEGAL SAFEGUARDS - by Bhavya chowdhary
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Article Details
GENDER
VIOLENCE AND LEGAL SAFEGUARDS
By Author –
Bhavya chowdhary
INDEX
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1
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INTRODUCTION
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2
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FORMS & EXAMPLES
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3
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GENDER BASED VIOLENCE IN INDIA –
LTERATURE VIEW
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4
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SCHEMES POLICIES & LAWS DEALIND
WITH GBV
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5
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LANDMARK JUDGEMENTS
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6
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CONCLUSION
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INTRODUCTION
What Is
Gender Based Violence?
Gender-based violence is a major
factor contributing to gender inequality and remains one of the most pressing
human rights issues in all societies. Gender-based violence is violence against
an individual based on their gender identity. Both women and men can be victims
of gender-based violence, but the majority of cases involve women and girls.
Violence against women and violence
against men are often used interchangeably. However, it is important to note
that many forms of violence against women are rooted in the inequalities
between women and men. The use of "gender" highlights the fact that
crimes against women are often disproportionately carried out by men.
There are various forms of
gender-based violence:
• Physical: This type of GBV can cause injuries,
depression, and health problems. The most common forms of physical violence are
assault, strangulation, assault, and the use of weapons. According to the
National Family and Health Survey in India, the lifetime prevalence of domestic
violence among women aged 15-49 is 33.5% and 8.5% for sexual violence.
• Sexual: This form of GBV includes sexual
activity, sexual business, human trafficking, or other sexual orientation
without individual consent. According to the latest government data released on
September 29, 2020, India reported an average of 87 rapes per day in 2019 and a
total of 405,861 crimes against women during the year, an increase of 7 percent
from 2018.
• Psychological:
43% of women worldwide
experience some form of psychological violence from intimate partners,
including domination, coercion, economic violence and blackmail. In India,
34.1% of women who experienced domestic violence reported psychological stress,
29.3% depression, 26.4% sleep disorders, 21.8% anxiety and 15.1% chronic
headaches.
[1]EXAMPLES OF
GENDER BASED VIOLENCE
Domestic violence includes all
physical, sexual, psychological and economic difficulties that occur in the
family, within the family or between couples. These can be former or current
partners and not living together. 22% of women with a partner (existing) have
been physically and/or sexually abused by their partner since the age of 15.
Sexual violence includes any
unacceptable behavior, harassment or physical abuse that has the purpose or
effect of violating a person's dignity. Between 45% and 55% of women in the EU
have experienced sexual harassment since the age of 15. In 2020, between 25
March and 31 May, 1,477 complaints of domestic violence were reported by women
in India. The 68-day Covid-19 lockdown has recorded more complaints than a
decade ago between March and May. About 86% of women who experienced violence
never sought help, and 77% of victims never reported the incident to anyone.
Female genital mutilation (FGM) is
the removal or mutilation of the female genitalia (FGM), normal or otherwise.
It distorts women's bodies and often affects their sexuality, mental health,
well-being and their social status. It can even lead to death. More than 200
million women and girls in the world today have experienced sexual trauma.
According to the World Health Organization (WHO), more than 200 million girls
alive today have undergone FGM in more than 30 countries. A 2018 study on FGM
in India found that the practice rose to 75 percent in the Bohra Muslim
community. At least 500,000 women in England have undergone FGM.
Forced marriage refers to forced or
coerced marriage - physical or family stress or emotional distress. Child or
early marriage is very close to marriage where children are married before
reaching the minimum age.
Cyberbullying is a term used to
describe any form of illegal or dangerous behavior towards women in the online
space. It can be linked to violence in real life or confined to the online
environment. This may include illegal threats, harassment or incitement to
violence, email or unsolicited, harassing or sexually explicit messages,
unauthorized sharing of personal photos or videos, or inappropriate advances on
social networking sites. One in ten women in the EU and India have experienced
cyber-bullying.
GENDER BASED VIOLENECE IN INDIA
Literature
One in three women worldwide
experience intimate partner violence or intimate partner violence in their
lifetime. Intimate partner violence, female genital mutilation, early marriage
and violence, including gender-based and gender-based violence, are major
public health problems in the world, hinder women's empowerment and gender
equality, and are obstacles to personal and community development. , at high
economic costs.
Globally, seven percent of women
experience non-partner sexual violence and 38 percent of female genital
mutilation is committed by an intimate partner. In some countries, violence
against women is estimated to cost up to 3.7 percent of GDP - twice the amount
governments spend on education (World Bank, 2018).
The National Family Health Survey
(NFHS-4) shows that 30 percent of Indian women aged 15-49 have experienced
physical abuse since the age of 15. sexually assaulted at least once in your
life. About 31 percent of married women have experienced physical, sexual, or
emotional abuse from their partners.
Unfortunately, violence against women
is on the rise in India. They are supported by the continuation of patriarchal
gender and social norms. Evidence of violence against women is a manifestation
of real inequality in institutions and institutions for many women in India.
The average rape rate in India is about 6.3 per 100,000 people.
Key Government schemes, programs and measures to protect
women's rights
India has ratified many international human rights
instruments, including the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention on the Elimination of All Forms of Discrimination against Women, and
the International Convention on the Elimination of All Forms. of Sexism.
Discrimination, the Convention on the Rights of the Child and the Convention on
the Rights of Persons with Disabilities. At the national level, laws and policies
have been introduced to prevent and combat violence against women. Although
non-reporting of GBV is a major obstacle to eradicating social ills and
achieving equality, the country has laws seeking help for women and other
genders.
Several major changes to India's legal system, including
the passage of stricter rape laws and the creation of fast-track courts to
convict rape victims, have produced better results. In the past, the
legalization of homosexual relations under Section 377 and the implementation
of the HIV/AIDS Act have been important steps forward for the LGBTQIA
community. Recent incidents of violence against women like the Kathua rape and
the Unnao rape have led to changes in the law. At least four states -
Rajasthan, Jammu and Kashmir, Haryana and Arunachal Pradesh - have imposed the
death penalty for raping children under the age of 12.
[2]All Laws against Gender
violence In India
·
Constitution of India -
Part III (Sections 12 to 35) Fundamental rights
The Constitution guarantees that all citizens of India (including women)
have the basic right to live in peace and harmony, the right to equality,
liberty, the right to freedom of religion, the right to freedom from
oppression, the right to a cure for the state.
·
Constitution of India
Part IV (Sections 36 - 51)
Principles of Guidance
These principles are not enforced by the courts,
but must be applied at the state level when laws are passed in hopes of
creating a just society in the state. The statutory provisions laid down in
these principles are related to social justice, economic justice, law and
administration news and foreign policy.
·
The Right to Receive
Constitutional Property below Section 300A
As a basic right, the right to property is not recognized by the
constitution as a result of the 44th amendment, but another constitutional
provision, Article 300(A), was added to ensure that every person has a legal
right to property that gives more power to. government.
·
Dowry Prohibition Act (1961)- [3]An Act of Parliament in India is
enacted to protect women from domestic violence, which has been described as
including physical, emotional, verbal, sexual and economic abuse in the family
and home. It is a public law specifically intended for protection orders and is
not intended to penalize criminals.
·
Amendments to the Indian Penal
Code, 1862 (1986)- [4]Amendments to the Indian Penal
Code (IPC), which came into force in 1862, cover almost all crimes committed in
public. Some of the key sections and amendments that require special mention
are:
Ø Article
304 B: This section was inserted into the Indian Penal Code
by an amendment in 1986 and provides for the death of a girl child - death,
burning or bodily injury of a girl or otherwise resulting in imprisonment,
except in the ordinary case of seven years of marriage, sentenced to life
imprisonment for not less than seven years.
Ø Article
354: This article covers indecent assault or assault on a
woman as a felony charge and carries a maximum penalty of two years in prison
or both.
Ø Article
366: This article discusses the abduction or abduction of a
woman for the purpose of forcing her to marry against her will, or forcing or
seducing her into an illegal sexual relationship. Such behaviour can be
punished up to ten years in prison and a fine.
Ø Article
366 A: This section was introduced to protect young girls
(under 18) from being sexually assaulted or harassed by others. Such behavior
can be punished with imprisonment up to ten years and a fine
Ø Article
366 B: Importation of
a girl (under the age of 21) is likely to be taken from one country to another
or forced or coerced into sexual relations with another person is punishable by
up to ten years in prison and a fine
Ø Article
376: This section provides punishment for rape, which can
be punished with a term of not less than seven years, life or a term that can
extend up to ten years..
Ø Section
498 A: It was included in the Criminal Code in 1983
and refers to violence by a male or female relative and is punishable by up to
3 years in prison. Violence in this category is defined as an act that
intentionally causes a woman to take her own life or cause serious injury to
her health, bones or health, mind and body.
Ø Section
509: This section
provides imprisonment for one year or a fine or both for uttering any word,
making a sound or gesture or showing anything that insults the modesty of a
woman. , Such gestures or things should be seen by such women or invade the
privacy of such women.
Ø Article
366: This Article deals with kidnapping, kidnapping or
seducing a woman into marriage
·
Indecent Representation of Women
(Prohibition) Act (1986), – An Act 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.
·
The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection)
Act (1994), – Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994-
is an Act of the Parliament of India enacted to stop female
foeticides and arrest the declining sex ratio in India.
The act banned prenatal sex determination
·
Protection of Women from Domestic
Violence Act (2005),- An Act of Parliament has been passed in India to
protect women from domestic violence, which is defined as physical, emotional,
verbal, sexual and economic abuse in the family and home. Community law that
focuses on protection orders and not criminal penalties.
·
Criminal Law (Amendment) Act
(2013), - The amended law contains provisions that address violence
against women and includes acid attacks, abortion, sexual assault and rape
under the Indian Penal Code. It also raised the age of consent to 18, increased
fines and penalties for criminal rape, added measures to prevent the government
or government-run hospitals from providing free treatment to acid attack
victims, and legal measures to detain government officials. refused to issue a
first information report
·
Decriminalization of Gay Sex
(Section 377-2018), - [5]in 2018 in a historic judgement, supreme
court of India decriminalized Section 377 of the Indian Penal Code was
decriminalized, which made private homosexual relations legal
·
Information Technology Act, 2000 - A law that punishes certain crimes against women,
including false information, hate speech, sending criminal threats through
social media (e.g. email), privacy and the distribution of sexually explicit
materials, including child sexual exploitation.
·
Prohibition of Child Marriage Act, 2006- It outlaws child marriage and aims
to protect children's rights and provide support services to victims.
·
Child Protection for Children, Criminal Law, 2012 (POCSO) - It aims to protect children from
sexual abuse, sexual harassment and pornography, and provides for the creation
of a Special Court to deal with these crimes and other issues. This law is not
gender biased. New, especially in response to a series of cases of child abuse
An attack on an eight-year-old girl in Jammu and Kashmir has prompted India's
cabinet to approve amendments to sex-related laws.
The death penalty for those accused of raping children under
the age of 12 requires a trial to be completed within two months of arrest and
an increase in the minimum prison sentence for rape convictions.
·
Immoral Traffic in Women and Girl Act, 1956 (as amended until 1986) - This Act aims to reduce violence
against women and children by preventing trafficking and sexual exploitation
for commercial use.
LANDMARK
JUDGEMENTS
[6]CASES ON
DOMESTIC VIOLENCE
1.
Supreme Court: Mere vague allegation that respondents are family members
will not be sufficient to maintain the complaint [ Date - 01-11-2019]
A bench of Justice Banerjee
and Justice Shah in the case titled as Kamlesh Devi vs Jaipal &
Ors. dated 04.10.2019 has opined that mere vague allegation is not
sufficient to bring the case within domestic violence act. The Supreme Court is
in favour of high court order and hence dismissed the petition for special
leave.
2.
Supreme Court: Domestic Violence vs Section 125 CrPC: Both are independent
proceedings [ Date - 29-10-2019]
The Supreme Court of India has made significant
observations, the magistrate indirectly granted maintenance at a rate of Rs.
2,000 per month to the respondent till the proceedings under section 125 crpc
is not decided. The order is without jurisdiction and therefore wholly
unjustified and unsustainable.
3.
Calcutta High Court: Determination of compensation has to be rational and it
should not be an outcome of guesses, High Court allowed wife Rs.1,00,000 as
compensation [ Date - 15-07-2019]
Justice
Mitra has passed the order in the case titled as Smt. Haimanti Mal vs
The State of West Bengal on 09.07.2019. Calcutta High Court has awarded
Rs.1,00,000/- as compensation to the wife for mental agony suffered due to the
conduct of the husband. But, in absence of any evidence or materials on record
the grant of compensation cannot be justified. Section 22 of the Protection of
Women from Domestic Violence Act, 2005 speaks about compensation and damages
for the injuries, including mental torture and emotional distress, caused by
the acts of domestic violence committed by the respondent.
CONCLUSION
Addressing gender-based violence
(GBV) is not just a human rights goal: CEDAW states that those who ratify CEDAW
have a legal obligation (called due diligence) to address GBV as much as
possible. Addressing GBV has taken many forms to date, including: legal and
criminal responsibility, cost and cost of GBV involvement, awareness raising,
women's empowerment programs, community programs, and health-based
interventions. Efforts have also been made to work with men and boys to change
their attitudes towards women and gender equality. Although early research
shows that including men and boys shows promising results, it remains a
controversial issue among women's rights groups, who fear that it will take
away women's resources.
Monitoring and improving GBV programs
is essential to ensure responsiveness to targeted interventions and to
continually learn from intended and unintended outcomes of interventions. Civil
society organizations must play an active role in monitoring government
performance and holding the state accountable if it deviates from the correct
level of performance.
Article Information
GENDER VIOLENCE AND LEGAL SAFEGUARDS - by Bhavya chowdhary
Authors: Bhavya chowdhary
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/11/14
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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