Open Access Research Article
THE ROLE OF WOMEN’S RIGHTS IN COMBATING GENDER-BASED VIOLENCE IN INDIA
Published Paper
Article Details
THE ROLE OF WOMEN’S RIGHTS IN
COMBATING GENDER-BASED VIOLENCE IN INDIA
Authored by
- Manju Sonkar
Research
Scholar
Faculty of
Law, University of Allahabad
Abstract
Gender-based violence remains a
pressing global issue, with profound consequences for individuals and society
as a whole. This research paper examines the pivotal role of women's rights in
combating gender-based violence in India, a nation marked by its rich cultural
diversity and complex social dynamics. Drawing upon an extensive review of
literature, empirical data, and case studies, this paper investigates the
multifaceted dimensions of gender-based violence and its adverse impact on
women's lives. The research paper explores the historical context of women's
rights in India, highlighting key milestones and legislative measures aimed at
addressing gender-based violence. It delves into the role of women's empowerment,
education, and economic independence as critical determinants in reducing
vulnerability to violence. Moreover, the paper examines the significance of
legal frameworks, support services, and grassroots initiatives in providing
protection and assistance to survivors of gender-based violence. The paper
concludes by emphasizing the importance of a holistic and intersectional
approach to addressing gender-based violence, one that recognizes the
interconnectedness of women's rights, social justice, and sustainable
development. This research paper contributes to the growing body of knowledge
on the pivotal role of women's rights in combating gender-based violence,
providing valuable insights for policymakers, activists, scholars, and
practitioners committed to fostering gender equality and social justice in
India and beyond.
Keywords: Gender
Equality, Rights for Women, Indian Judicial Reforms and Violence History.
1. Introduction
Millions of women and
girls throughout India are victims of the widespread and deeply ingrained
problem of gender-based violence. A startling 30% of Indian women between the
ages of 15 and 49 report having been physically abused since they were 15. Gender-based
violence takes many forms, such as emotional abuse, sexual harassment, and
economic exploitation, of which this horrifying statistic just scratches the
surface.[1]
These types of abuse not only hurt victims physically and psychologically, but
they also make it more difficult for women to live successful, meaningful
lives. Nirbhaya Gang Rape Case (2012) this brutal gang rape and
murder case in Delhi sparked outrage and led to significant legal reforms
related to sexual violence against women. It resulted in the Criminal Law
(Amendment) Act, 2013, which introduced stricter punishments for sexual
offenders.
The problem's scope
increases even more when we take into account India's many regional and
cultural characteristics. The frequency of gender-based violence is much higher
in some areas than it is nationwide, such as the northern states, highlighting
the intricate and varied character of this issue. In light of this concerning
issue, women's rights advocacy and protection have become essential instruments
in the fight against gender-based violence. The term "women's rights"
refers to a broad variety of concerns, such as the freedom from discrimination,
legal entitlements, and access to healthcare and education. The incidence of
gender-based violence is demonstrably declining when women's rights are
respected and promoted. Research indicates that women who possess access to
education and economic possibilities are more capable of escaping abusive
situations and pursuing legal recourse.[2] Gulshan
Banu v. Union of India (2019) this case addressed the issue of Triple
Talaq (instant divorce) among Muslim women. The Supreme Court upheld the
validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019,
which criminalizes Triple Talaq and provides legal protection to Muslim women
against arbitrary divorce.
In the Indian context, this
study intends to investigate the complex relationship between women's rights
and the prevention of gender-based violence. Investigating the complex
interactions of legal frameworks, cultural norms, and socioeconomic factors
that either exacerbate or lessen gender-based violence is the aim of this
research. Through elucidating the importance of women's rights, this research
endeavors to enhance comprehension of how women's empowerment and the
advancement of their rights might result in a more secure and just society in
India. This study acknowledges that there can be variations in the dynamics of
gender-based violence and women's rights among other regions and groups in
India, but it focuses on that particular setting. The study delves into the
ways in which caste, class, religion, and ethnicity intersect with gender-based
violence. To give a thorough picture of the problem, the study also takes into
account both urban and rural environments.
1.1 Background
India is a country known
for its intricate social structure and rich cultural diversity, but it also has
shockingly high rates of gender-based violence. This pervasive problem impacts
millions of women and girls nationwide and knows no geographic bounds. Deeply
ingrained historical, cultural, and socioeconomic elements are the roots of
this issue.[3] Patriarchy,
which has dominated Indian society for many years, is a major factor in the
continuation of gender-based violence. Men are frequently in positions of
authority and control due to traditional gender norms and power structures,
leaving women and girls open to abuse both inside and outside of their
households. These conventions are passed down from generation to generation,
further entrenching gender hierarchies and making it difficult to escape the cycle
of abuse.[4] Vishakha
v. State of Rajasthan (1997) this case played a pivotal role in
addressing workplace sexual harassment. The Supreme Court of India laid down
guidelines, known as the Vishakha Guidelines, to prevent and redress sexual
harassment at the workplace, providing a framework for employers to create a
safe working environment for women. Mathura Rape Case (1979) this
case raised questions about custodial rape and consent. It led to discussions
on the treatment of rape victims in the legal system and the need for legal
reforms to protect the rights of sexual assault survivors.
A major contributing
factor to the occurrence of gender-based violence is also cultural norms and
attitudes. Women's duties and behaviors are governed by these norms, which
frequently confine them to lower positions. The stigmatization of women who
defy these expectations might prevent them from reporting crimes and from
getting assistance, which promotes a culture of silence on the subject.
Economic inequalities make the issue worse. In India, women frequently have
restricted access to financial freedom, career possibilities, and education. Women
who are economically dependent on male family members may become stuck in
abusive relationships because they fear losing their money if they leave their
abusers. India, violence against women and girls occurs in a variety of
contexts, including the home, the workplace, and public areas. A variety of
behaviors, such as physical abuse, emotional manipulation, sexual harassment,
and economic exploitation, are examples of this violence. Remarkably, social
and legal impediments frequently obstruct victims' attempts to seek justice or
support. The importance of women's rights in resolving this widespread issue
has come to light more and more in recent years. The term "women's
rights" refers to a broad range of legal, social, and economic privileges.
The 1992 Ajmer rape case this case involved the serial gangrape
and blackmailing of numerous Hindu school and college-aged girls in Ajmer, Rajasthan.
The perpetrators were reportedly a group of young Muslim men, including
individuals from the Khadim family responsible for the caretaking of the Ajmer
Sharif Dargah. In September 1992, 18 individuals were charged in connection
with the case, and the first eight to go to trial were sentenced to life in
prison. However, some of them were later acquitted by the Rajasthan High Court
in 2001. Subsequently, in 2007, one of the key accused, Farooq Chishti, was
convicted, but in 2013, the High Court released him on time served. The case
was marked by various challenges, including the fear and pressure faced by
victims, their reluctance to testify against influential individuals, and
witness hostility during the legal proceedings. The case brought to light the
complexities and difficulties associated with addressing sexual violence and
securing justice in such cases.
2. The
Legal Framework for Women's Rights
The legal framework for women's
rights is a crucial component of efforts to promote gender equality and protect
the rights of women around the world. This framework encompasses a variety of
international agreements, regional treaties, and national laws that
collectively address issues such as discrimination, violence, economic
empowerment, and political participation affecting women. International
Agreements numerous international agreements have been instrumental in
establishing a legal framework for women's rights. The Universal Declaration of
Human Rights (1948) and the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW, 1979) are two foundational documents.
CEDAW, often referred to as the "international bill of rights for
women," obliges signatory nations to take measures to eliminate
discrimination against women in all spheres of life. It also includes
provisions on issues such as marriage, education, and political participation.
2.1 Evolution of Women's Rights
Legislation in India
The laws in India that apply to
women's rights have undergone significant revisions during the course of Indian
history. These revisions are a reflection of altering social mores and an
increased awareness of the necessity to combat gender-based injustice. In the
19th century, when social reformers like Jyotirao Phule and Raja Ram Mohan Roy gained
traction, some of the earliest attempts to improve women's legal standing may
be traced back to this time period.[5] By
advocating for the education and protection of women's property rights, these
legal reform pioneers laid the way for subsequent legislative changes. In the
years leading up to independence, historic laws such as the Hindu Succession
Act of 1956 were passed with the intention of granting Hindu women the same
property rights as males.
These laws were intended to overturn
traditional practices that favored male heirs. A further step forward in the
post-independence era was the passage, in 1961, of the Dowry Prohibition Act,
which made an effort to abolish the harmful practice of dowry. This act was an
attempt to outlaw dowry. On the other hand, between the late 20th and early
21st centuries, India saw an increase in the number of laws that were created
specifically to address gender-based violence.[6]
2.2 Key Laws and Policies Addressing
Gender-Based Violence
The Protection of Women from Domestic
Violence Act of 2005 is one of the most important laws and regulations that
India has passed to combat gender-based violence. This ground-breaking law
represented a change from earlier strategies that frequently confined domestic
abuse within the home. The Act offers a thorough legal framework to treat
emotional, financial, physical, and sexual abuse, among other types of domestic
violence. It's significant that it offers protection to women who cohabit.[7] Apart
from the Protection of Women from Domestic Violence Act, other laws that have
been enacted in India include the Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act, 2013, which requires employers to
set up procedures for dealing with harassment that occurs in the workplace. A
number of new laws and modifications have been proposed to address problems
such female infanticide, acid attacks, and stalking.
2.3 Effectiveness and Implementation
of Women's Rights Laws
On paper, India's legal framework for
women's rights and the prevention of gender-based violence is extensive;
nonetheless, there are still difficulties in effectively implementing this
structure. A key obstacle is the underreporting of cases due to cultural
stigmatization and the fear of retaliation, both of which are substantial
barriers. In spite of the protections in the law, a significant number of women
do not know their rights or do not have access to legal counsel. A crucial part
of putting these laws into effect is played by the various branches of the
judicial and law enforcement systems.[8]
However, because of a backlog of cases and delays in judicial proceedings,
survivors are frequently dissuaded from seeking justice. Another area that
needs to be improved is the capacity of support networks, which might include
things like shelters and counseling services, in order to guarantee that
survivors will receive the necessary aid.
3. Women's
Rights Advocacy and Organizations
Women's rights advocacy and
organizations have played a pivotal role in advancing gender equality,
combating discrimination, and promoting the empowerment of women worldwide.
These efforts encompass a wide range of activities, from grassroots activism to
international advocacy. Historical Roots women's rights advocacy has deep historical
roots, dating back to the 19th and early 20th centuries when the first-wave
feminist movements emerged in countries like the United States and the United
Kingdom. These movements fought for fundamental rights such as women's suffrage
and property ownership. Over time, the women's rights agenda expanded to
include issues like reproductive rights, workplace equality, and protection
against violence. International Platforms the United Nations has played a
central role in providing a global platform for women's rights advocacy. The
adoption of the Universal Declaration of Human Rights in 1948 marked a
significant milestone by affirming the principle of gender equality. The
subsequent creation of UN Women in 2010 further consolidated efforts to advance
women's rights globally.
3.1 The Pioneering Role of Women's
Rights Organizations
The fight for gender equality and the
elimination of gender-based violence in India has been significantly aided by
the work of groups in India that advocate on behalf of women's rights. These
groups have a strong history of activity that dates back to the early 20th
century, when movements like the All-India Women's Conference (AIWC) were
taking place.[9] AIWC was
essential in laying the groundwork for following organizations, which in turn
helped to cultivate a culture of women's activism and empowerment in India.
Combating gender-based violence has been one of the key priorities of
organizations in India that are working to advance the rights of women.[10] Shayara
Bano v. Union of India (2017) women's rights organizations were
actively involved in this case, which challenged the practice of Triple Talaq
(instant divorce) among Muslim women. The Supreme Court declared the practice
unconstitutional, emphasizing gender justice and the need to protect the rights
of Muslim women.
These groups put in countless hours
to spread awareness about the problem and offer assistance to those who have
survived it. They frequently work along with governmental institutions, legal
entities, and grassroots efforts in order to address the myriad of facets that
are involved in gender-based violence. In the fight against domestic abuse, for
instance, organizations such as "Sakshi" were among the first to make
significant headway. Survivors can receive counseling and legal assistance from
Sakshi, which is provided through the organization's crisis centers and
helplines. In addition to this, they organize awareness campaigns with the goal
of challenging societal norms that contribute to the continuation of violence
against women.
3.3 Case Studies of Successful
Initiatives
A number of organizations in India
that advocate for women's rights have successfully implemented activities that
have led to a considerable reduction in the incidence of gender-based violence.
One example that is particularly remarkable is the "One Stop
Centre" scheme that is run by the Ministry of Women and Child
Development.[11] These
facilities provide victims of violence with comprehensive assistance, which may
take the form of emergency medical care, advocacy, therapy, or even lodging for
a brief period of time. Another enterprise that has been met with great success
is "Breakthrough," an organization that is well-known for its
innovative multimedia advertisements that challenge preconceptions and address
issues such as domestic violence and street harassment. For instance, as part
of their "Bell Bajao" program, which promoted a community-based
approach to abuse prevention, bystanders were encouraged to intervene when they
witnessed instances of domestic violence. [12][13]
In addition, Sampat Pal Devi's
"Gulabi Gang" garnered international attention for its
grass-roots campaign against harassment associated with dowries and domestic
abuse. By combining their individual strengths, this group of women who live in
remote areas has been able to stand up to abusers and provide support to
survivors.[14] The
fight to end violence against women has been significantly aided by organizations
in India that support women's rights and advocate for their protection. In
addition to empowering women, the dedication, advocacy, and successful projects
of these women have resulted in increased awareness and have had an effect on
changes in legislative policy. These organizations continue to play an
essential role in the fight for gender equality in India and the elimination of
violence committed against women.[15]
4.
Challenges and Barriers
4.1 Identifying Challenges and
Barriers
In India, there are a myriad of
obstacles and problems that must be overcome in order to effectively prevent
gender-based violence. These obstacles are profoundly ingrained in the
sociocultural fabric of the country, and they represent significant roadblocks
on the path to making genuine progress in this area. One of the most
significant difficulties is going to be encountered in the area of law
enforcement. In spite of the fact that progressive legislation is on the books,
the implementation of these laws frequently falls short of expectations. There
is a possibility that law enforcement personnel and judicial authorities do not
have the level of sensitivity or training required to handle incidents of
gender-based violence effectively. When survivors try to seek justice, this
might make it difficult for them since it can result in apathy, victim blaming,
or bureaucratic roadblocks. [16]
There is a huge problem with
underreporting of instances since many victims are reluctant to report their
experiences to law enforcement out of fear of vengeance or the associated
social stigma. This lack of reporting makes it much more difficult to get an accurate
picture of the extent to which gender-based violence is prevalent. The
continuance of gender-based violence is largely aided by both the cultural
norms and societal attitudes that pervade society. It can be difficult to
dispute and alter these conventions because of the deeply embedded patriarchal
ideals and traditional gender roles in our society, which often serve to
maintain unequal power relations. Some examples of cultural norms that
contribute to the perpetuation of violence against women include honor-based
violence, violence tied to dowries, and practices that encourage the isolation
of women.[17] Efforts
to combat such practices often run into opposition from communities and
families who see them as fundamental components of their cultural identity and
are therefore reluctant to give them up.
4.2 Role of Patriarchy and Gender
Inequality
In India, patriarchy continues to be
a barrier that is prevalent and deeply ingrained in the effort to eradicate
gender-based violence. In Indian society, the patriarchal framework maintains
the status quo of male domination and female subjugation, therefore
contributing to the cycle of gender inequity.[18]
This imbalance of power not only contributes to violent behavior but also makes
it more difficult to address and prevent it. Economic inequalities, limited
access to education, and gender wage discrepancies all contribute to women's
vulnerability and dependence on male family members, which in turn makes gender
inequality even worse. Gender inequality is further aggravated by economic
disparities.[19]
In order to combat gender-based
violence, it is necessary to tackle the underlying structural inequities that
exist in society. In India, effectively combatting gender-based violence
presents a number of complex hurdles and barriers.[20]
These include problems with law enforcement, deeply ingrained cultural norms,
and the ongoing legacy of patriarchy and gender inequity. Each of these factors
contributes to the difficulty of the situation. In order to overcome these
obstacles, comprehensive strategies are required.[21]
5.
Empowerment through Education and Awareness
Empowerment through education and
awareness is a transformative process that enables individuals and communities
to gain knowledge, develop critical thinking skills, and become informed and
active participants in society. This approach encompasses various aspects of
personal and collective growth, fostering self-confidence, agency, and the
ability to make informed decisions. Access to quality education is often the
foundation of empowerment. Access to quality education, regardless of gender,
socioeconomic status, or geographic location, is crucial for individuals to
acquire the knowledge and skills needed to navigate life effectively. It
provides the tools to understand complex issues, critically analyze
information, and make informed choices. Promotion of gender equality education
is a powerful tool for promoting gender equality. Empowering girls and women
through education not only enhances their individual well-being but also
contributes to breaking the cycle of gender-based discrimination and
inequality. Educated women are more likely to participate in the workforce,
engage in decision-making processes, and advocate for their rights.
5.1 The Importance of Education and
Awareness
Education and raising awareness are
two of the most important factors in the fight against gender-based violence
and the advancement of women's rights in India. These aspects are absolutely
necessary for transforming cultural perceptions, empowering women, and
challenging the norms that are already in place. Many people believe that
getting an education is one of the most effective ways to empower women. It
provides women with the knowledge and skills necessary to make informed decisions
about their life and to claim their rights. This empowers women. Literacy programs,
vocational training, and leadership development are just a few of the many
facets of education that are being targeted toward women and girls through
various programs and initiatives.[22]
The "Beti Bachao, Beti
Padhao"[23]
campaign, which strives to improve the status of females in Indian society by
tackling issues such as female foeticide and ensuring access to excellent
education, is an example of a successful program. The campaign's name literally
translates to "Save the Daughter, Educate the Daughter." In order to
challenge the social norms and attitudes that contribute to the continuation of
gender-based violence, awareness campaigns and initiatives are of equal
importance. These campaigns frequently make use of a variety of media, such as
television, radio, and social media, in order to communicate with a large
number of people.
For instance, the documentary film
"Daughters of Mother India"[24]
delves into the topic of gender-based violence and has been responsible for
igniting significant debates over the rights of women. In a similar vein,
social media initiatives such as #MeTooIndia[25]
have enabled survivors to speak out and share their experiences, thereby
drawing attention to the widespread nature of sexual harassment and assault.
6. Case
Studies
6.1 Case Study 1: The Nirbhaya
Case
The Nirbhaya tragedy, which took
place in December 2012, is widely regarded as one of the most heinous and
terrible instances of gender-based violence to have taken place in India. Jyoti
Singh Pandey, a medical student who was 23 years old, was viciously gang-raped
and murdered in a bus while it was travelling in the city of Delhi.[26]
This horrible event triggered substantial reforms in India's strategy to
combating gender-based violence and sparked public outcry as a result. The
outrage from the public that followed the Nirbhaya case led to an increased
awareness about the incidence of such crimes, as well as a desire for harsher
regulations and improved enforcement of existing laws. After thereafter, the
Criminal Law (Amendment) Act, 2013, was passed into law. This act brought about
substantial revisions, such as increased punishments for sexual offences and
the criminalization of stalking as well as acid assaults. The case brought to
light not only how urgent it is to combat gender-based violence but also how
powerful public mobilization can be in the process of bringing about changes in
the judicial system.[27]
6.2 Case Study 2: The Impact of
Self-Help Groups in Kerala
The women's self-help group project
known as the Kudumbashree Mission has made tremendous progress in the Indian
state of Kerala towards its goals of empowering women and decreasing
gender-based violence. Micro-businesses and activities rooted in the community
are the vehicles through which Kudumbashree helps women gain economic and
social independence.[28]
As a result of this program, women in Kerala have achieved greater economic
autonomy and have been given a louder voice in the political and social spheres
of their houses and communities. As a consequence of this, studies have
demonstrated a decrease in instances of domestic violence in regions that have
a significant presence of Kudumbashree organizations. These case studies
illustrate the transforming potential of women's collective action and economic
empowerment in the fight against gender-based violence.[29]
6.3 Case Study 3: The Success of
the "100 Safe Cities for Women" Campaign
The Ministry of Women and Child Development
in India has begun a campaign called "100 Safe Cities for Women" with
the intention of reducing incidents of gender-based violence and harassment in
urban areas.[30] The
initiative's primary focus is on creating secure urban environments for women.
This effort has seen participation from a number of cities all across the
world, including Delhi. As a result of this campaign, a number of cities have
put into effect a variety of measures, including the enhancement of street
lighting, the creation of public places that are welcoming to women, and an
increase in the amount of police patrolling in areas with a high incidence of
harassment. Positive results have been shown in evaluations, including an
increased sense of safety among women in these cities as well as a reduction in
the number of recorded occurrences of harassment. These case studies highlight
the significance of targeted urban interventions in the process of establishing
surroundings that are safer for women.
These case studies examine the real-life
impact of women's rights activities in India. They demonstrate how legal
reforms, self-help groups, and urban safety campaigns have contributed to the
reduction of gender-based violence and the promotion of women's rights in a
variety of different circumstances. They serve as useful examples of successful
techniques that can be developed and scaled up to better effectively address
the complicated problem of gender-based violence.
7. Data
Analysis
7.1 Prevalence of Gender-Based
Violence in India
Examining a variety of data sources
is required in order to conduct an analysis of the prevalence of gender-based
violence in India. The results of national and regional surveys, such as the
National Family Health Survey (NFHS)[31]
and the reports compiled by the National Crime Records Bureau (NCRB), provide
insightful information regarding the prevalence of gender-based violence as
well as its specific characteristics. The National Crime Records Bureau (NCRB)
publishes annual reports titled "Crime in India" that contain data on
crimes committed against women. These reports include information on rape,
deaths caused by dowry, and cruelty committed by husbands and other relatives.
These studies highlight concerning tendencies, such as a steady rise in the
number of reported cases over the course of several years. However, it is vital
to highlight that recorded cases represent only a fraction of the actual
occurrence, as many cases go unreported due to different hurdles, such as the
fear of reprisal and the social stigma associated with reporting the incident.
Table no.1 Summary of Notable Cases with
Landmarking Judgements
|
S. NO
|
NOTABLE CASES
|
ARTICLE/SECTIONS
|
LANDMARKING JUDGMENTS
|
|
1
|
Nirbhaya Gang
Rape Case (2012)
|
Gangrape and
Murder
|
The fast-track
court delivered death sentences to four of the adult accused, setting a
precedent for swift justice in heinous crimes.
|
|
2
|
Vishakha v.
State of Rajasthan (1997)
|
Workplace
Sexual Harassment
|
The Vishakha judgment laid
down guidelines to prevent and address workplace sexual harassment, often
referred to as the "Vishakha Guidelines."
|
|
3
|
Indira Jaising
v. Supreme Court (2003)
|
Equality and
Gender Justice
|
The case contributed to
discussions on equality and gender justice and emphasized the need for gender-sensitive legal reforms and
judicial sensitivity in cases involving women's rights.
|
|
4
|
Laxmi v. Union
of India (2015)
|
Acid Attack
Laws and Compensation
|
The Laxmi judgment led to
significant legal reforms in acid attack laws and compensation for victims.
|
|
5
|
Shakti Vahini
v. Union of India (2018)
|
Trafficking of
Women and Children
|
This case addressed issues
related to trafficking of women and
children.
|
|
6
|
Gulshan Banu v.
Union of India (2019)
|
Triple Talaq
and Muslim Women's Rights
|
The Gulshan Banu case was significant in the context of triple talaq (instant divorce) and Muslim
women's rights.
|
|
7
|
Rohtak Sisters'
Case (2014)
|
Self-defense
and Women's Rights
|
This case highlighted the importance of self-defense and women's
rights.
|
|
8
|
Indian Young
Lawyers Association v. State of Kerala (2018)
|
Women's Right
to Enter Religious Places
|
The Supreme Court of India,
in its judgment, allowed women of all ages to enter the Sabarimala Temple,
asserting the principle of gender equality and women's right to worship.
|
|
9
|
Mathura Rape
Case (1979)
|
Custodial Rape
and Consent
|
he trial court acquitted
the accused, it prompted discussions about legal reforms related to rape laws
and consent.
|
|
10
|
Priyadarshini
Mattoo Case (2006)
|
Stalking and
Murder of a Law Student
|
The judgment in this case
played a significant role in discussions about stalking laws and women's
safety in India.
|
7.2 Changes and Trends Over Time
A more comprehensive view of the
problem can be gained by analyzing the changes and patterns that have occurred
over time in the statistics on gender-based violence. One encouraging
development is the growing willingness of survivors to report instances of
violence that they have experienced. This pattern can be linked to a number of
different factors, such as increased awareness as a result of increased media
coverage, legal amendments that prioritize survivors' rights, and the growth of
support services for survivors. In addition, there have been observations of
shifts in the nature and presentation of gender-based violence. New kinds of
violent behavior, such as cyberbullying and online harassment, have emerged
with the advent of the digital age. This trend indicates the changing nature of
gender-based violence and highlights the necessity for updated legal frameworks
and tactics in order to successfully handle these new concerns.
The issue of underreporting
continues, despite the rise in awareness and the number of reports that are
being filed, however. Many survivors, particularly in rural and marginalized
communities, are still reluctant to report occurrences due to the fear of
social ostracism or insufficient access to support services. This is a problem
because reporting incidents can help prevent further abuse. Therefore, while
the increase in reporting is a great indicator, it also underscores the need
for continuous efforts to create an environment that is safe and supportive for
survivors who come forward with their stories.
8. Efforts
and Progress
Advancing gender equality stands as a
crucial objective for any society, and India has implemented a range of
initiatives and policies to address gender-based disparities and empower women.
These endeavors seek to create a more inclusive and equitable society by tackling
issues related to education, healthcare, employment, and societal norms.
1. Legislative Measures:[32] India has established legal
frameworks aimed at safeguarding women's rights and combating gender-based
discrimination. These encompass laws addressing dowry-related issues, domestic
violence, and sexual harassment.
2. Awareness and Advocacy:[33]
Non-governmental organizations (NGOs) and civil society groups actively engage
in raising awareness about gender-related concerns and advocating for policy
changes.
3. Government Initiatives:[34] The Indian government has launched
initiatives such as the "Beti Bachao Beti Padhao" (Save the Girl
Child, Educate the Girl Child) campaign, which targets gender imbalances and
promotes girls' education.
4. Women's Empowerment Programs:[35] Various programs are designed to
empower women both economically and socially. These encompass skill development
initiatives and microfinance schemes.
Notable Initiatives and Programs:
·
Beti Bachao Beti Padhao (BBBP): Launched in 2015, this initiative concentrates on enhancing
the status of the girl child by addressing gender-biased sex selection, female infanticide,
and the promotion of girls' education. It endeavors to alter mindsets and
foster the value and education of girls through community engagement and
awareness campaigns.
·
Mahila Shakti Kendra (MSK): Under the BBBP initiative, MSK seeks to empower rural women
through community participation, skill development, and awareness about various
government schemes.
·
Sukanya Samriddhi Yojana: Introduced in 2015, this small savings scheme encourages
parents to save for the education and future of their girl child by offering a
higher interest rate than regular savings accounts.
·
Pradhan Mantri Matru Vandana Yojana (PMMVY): Initiated in 2017, PMMVY provides
financial assistance to pregnant and lactating women to support their health
and nutrition during pregnancy and childbirth.
·
Swachh Bharat Abhiyan (Clean India Campaign): Although not exclusively
gender-focused, Swachh Bharat Abhiyan significantly impacts women's health and
dignity by promoting access to clean and safe sanitation facilities.
·
One Stop Centres (OSCs): OSCs offer comprehensive support services, including medical,
legal, and psychological aid, to women affected by violence. They serve as a
one-stop solution for survivors of gender-based violence.
·
Women Helpline (181): This toll-free helpline provides immediate assistance to women in
distress, connecting them to relevant support services and authorities.
·
Support to Training and Employment Programme for Women (STEP): STEP aims to provide skill
development and employment opportunities for women, enhancing their
employability and economic independence.
·
National Rural Livelihood Mission (NRLM): NRLM concentrates on promoting
self-employment and income-generating activities for rural women, particularly
those from marginalized communities.
·
Pradhan Mantri Kaushal Vikas Yojana (PMKVY): While not exclusive to women, PMKVY
offers skill training to enhance employability, including for women in various
sectors.
·
Maternity Benefit (Amendment) Act, 2017: This act extends maternity leave
from 12 weeks to 26 weeks and introduces provisions for work-from-home options
for nursing mothers.
·
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013:
Mandating that organizations establish mechanisms to prevent and address sexual
harassment in the workplace.
·
National Policy for Women, 2016: This policy provides a comprehensive framework for
addressing women's issues, encompassing health, education, economic
empowerment, and social welfare.
9.
Conclusion
The multifaceted issue of
gender-based violence in India, as well as an investigation of the essential
part played by women's rights in the fight against this persistent issue. The
complexity of this matter has been illuminated by our investigation, which has
led to the discovery of various important findings. We discovered that while
India has made tremendous strides in legislating against gender-based violence,
issues remain in the effective implementation of these laws. This is despite
the fact that India has made significant strides in this area. The persistent
power of patriarchy, along with the cultural norms and attitudes of society,
continue to be strong obstacles in the way of progress. However, initiatives
spearheaded by women's rights organizations, educational programs, and
awareness campaigns have shown encouraging achievements in terms of empowering
women and challenging conventions that have been entrenched. The findings of
our study highlight the critical need of protecting women's rights when
tackling issues of gender-based violence. In addition to being an issue of
legal equity, the protection of women's rights is an essential component of the
larger movement to end all forms of violence against women. Women are more
equipped to break free from cycles of violence and discrimination when they
have access to education, economic autonomy, and assistance from comprehensive
legal frameworks. This is because education and economic autonomy are two of
the most important ways in which women are empowered.
It is impossible to stress the
importance of the connection between the protection of women's rights and the
elimination of violence against women and girls. Legal reforms, access to
education, and awareness-raising campaigns are not stand-alone endeavours;
rather, they are interlinked components of a comprehensive plan to question and
change societal norms, promote gender equality, and, eventually, create
communities that are safer and more equitable. The ramifications of this study
can be extrapolated much beyond the scope of our investigation.
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Raghav, M., & Marwaha, S. S. (2023). Indian Legal Framework
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Justisia: Jurnal Ilmu Hukum, 17(1), 1-16.
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women in Kerala: A study on the role of Self Help Groups (SHGs). International
Journal of Sociology and Anthropology, 4(9), 270.
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in Kerala state, India: a public health perspective. Université De
MontréAl. Mar.
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31. Dhirar, N., Dudeja, S., Khandekar, J., & Bachani, D.
(2018). Childhood morbidity and mortality in India—analysis of national family
health survey 4 (NFHS-4) findings. Indian pediatrics, 55,
335-338.
32. Klugman, Jeni. "Gender based violence and the law."
(2017).
33. Bhandari, M. (2014). Civil society and non-governmental
organizations (NGOs) movements in Nepal in terms of social
transformation. Pacific Journal of Science and Technology, 15(1),
177-189.
34. Gupta, K. Beti Bachao, Beti Padhao.
35. Priyadharshini, A., Thiyagarajan, R., Kumar, V., & Radhu,
T. (2016, December). Women empowerment towards developing India.
In 2016 IEEE Region 10 Humanitarian Technology Conference (R10-HTC) (pp.
1-6). IEEE.
[1] Kumari,
S. S., Suman, B. A., Kiranmai, D., & Bhardwaj, A. (2023). DHEERA reaching
the young, a novel approach addressing gender?based violence in India. International
Journal of Gynecology & Obstetrics.
[2] Chauhan,
K. K. Gender-Based Discrimination and Disparities in India.
[3] Ganguly,
S. (2023). Sexual Gender-Based Violence Policy Implementation in India. International
Journal of Gender Studies, 8(2), 1-9.
[4] Mehra,
D., Srivastava, S., Chandra, M., Srivastava, N., Laaksonen, M., Saarinen, H.
E., & Mehra, S. (2023). Effect of physical mobility, decision making and
economic empowerment on gender-based violence among married youth in
India-SAWERA project. BMC public health, 23(1), 1-14.
[5] JAWDEKAR,
M. M. (2023). Navigating Women-Oriented Legal Frameworks: A Critical
Examination Of Laws Addressing Gender-Based Violence And Empowerment. Journal
of Namibian Studies: History Politics Culture, 34, 1946-1955.
[6] Raghav,
M., & Marwaha, S. S. (2023). Indian Legal Framework on the Right to Privacy
in Cyberspace-Issues and Challenges. Fiat Justisia: Jurnal Ilmu Hukum, 17(1),
1-16.
[7] Moin,
M. A. M., & Singh, J. (2023). Social Changes as Causes of Legal Changes in
India. Issue 2 Indian JL & Legal Rsch., 5, 1.
[8] Kulshreshtha,
N. (2023). The contemporary status of rape shield laws in India. The
International Journal of Evidence & Proof, 27(1), 3-25.
[9] Lodhia,
S. (2009). All-India Women's Conference.
[10] Dhiman,
D. B. (2023). Role of Women Journalists in the Development of India. Available
at SSRN 4319132.
[11] Scheme,
I. C. P. (2009). Ministry of Women and Child Development. Govt. of
India.
[12] Igras,
S., Kohli, A., Bukuluki, P., Cislaghi, B., Khan, S., & Tier, C. (2021).
Bringing ethical thinking to social change initiatives: Why it matters. Global
Public Health, 16(6), 882-894.
[13] Palit,
M., & Mittal, M. (2021). Intimate partner violence in India. International
Perspectives on Intimate Partner Violence: Challenges and Opportunities,
41-51.
[14] Richards,
M. S. (2016). The Gulabi Gang, violence, and the articulation of
counterpublicity. Communication, Culture & Critique, 9(4),
558-576.
[15] Miller,
K. (2014). The Gulabi Gang as a Social Movement: An Analysis of
Strategic Choice (Doctoral dissertation).
[16] Koneru,
K. (2017). Women entrepreneurship in India-problems and prospects. Available
at SSRN 3110340.
[17] Helpingstine,
C. E., Stephens, D. P., Jayakrishna, P., Pramathesh, R., Madhivanan, P., &
Ramarao, I. (2022). Anti-human Trafficking Service Professionals in India:
Challenges and Barriers to Service Provision. Journal of Human
Trafficking, 1-16.
[18] Kumar,
T. (2021). The culture of patriarchy, gender bias, and class discrimination in
Mahesh Dattani’s Tara. Linguistics and Culture Review, 5(S1),
60-69.
[19] Siddiqi,
N. (2021, May). Gender inequality as a social construction in India: A
phenomenological enquiry. In Women's studies international forum (Vol.
86, p. 102472). Pergamon.
[20] Batra,
R., & Reio Jr, T. G. (2016). Gender inequality issues in India. Advances
in Developing Human Resources, 18(1), 88-101.
[21] Kohli,
S. (2017). Gender inequality in India. International Journal of
Humanities and Social Science Studies, 3, 178-185.
[22] Kondal,
K. (2014). Women empowerment through self help groups in Andhra Pradesh,
India. International Research Journal of Social Sciences, 3(1),
13-16.
[23] Parmar,
M. S., & Sharma, A. (2020). Beti Bachao Beti Padhao Campaign: An Attempt to
Social Empowerment. Journal of critical reviews, 7, 13.
[24] Jain,
J. (2006). Daughters of Mother India in Search of a Nation: Women's Narratives
about the Nation. Economic and Political Weekly, 1654-1660.
[25] Dey,
A., & Mendes, K. (2022). ‘It started with this one post’:# MeToo, India and
higher education. Journal of Gender Studies, 31(2), 204-215.
[26] Dey,
A., & Orton, B. (2016). Gender and caste intersectionality in India: An
analysis of the Nirbhaya case, 16 December 2012. In Gender and race
matter: Global perspectives on being a woman (Vol. 21, pp. 87-105).
Emerald Group Publishing Limited.
[27] Lapsia,
T. P. (2015). Impact of the “Nirbhaya” rape case: Isolated phenomenon or social
change?.
[28] Minimol,
M. C., & Makesh, K. G. (2012). Empowering rural women in Kerala: A study on
the role of Self Help Groups (SHGs). International Journal of Sociology
and Anthropology, 4(9), 270.
[29] Mohindra,
K. S. (2003). A report on women Self Help Groups (SHGs) in Kerala state, India:
a public health perspective. Université De MontréAl. Mar.
[30]
https://www.thehindu.com/opinion/op-ed/the-long-wait-for-safety/article61557981.ece
[31] Dhirar,
N., Dudeja, S., Khandekar, J., & Bachani, D. (2018). Childhood morbidity
and mortality in India—analysis of national family health survey 4 (NFHS-4)
findings. Indian pediatrics, 55, 335-338.
[32] Klugman,
Jeni. "Gender based violence and the law." (2017).
[33] Bhandari,
M. (2014). Civil society and non-governmental organizations (NGOs) movements in
Nepal in terms of social transformation. Pacific Journal of Science and
Technology, 15(1), 177-189.
[34] Gupta,
K. Beti Bachao, Beti Padhao.
[35] Priyadharshini,
A., Thiyagarajan, R., Kumar, V., & Radhu, T. (2016, December). Women
empowerment towards developing India. In 2016 IEEE Region 10
Humanitarian Technology Conference (R10-HTC) (pp. 1-6). IEEE.
Article Information
THE ROLE OF WOMEN’S RIGHTS IN COMBATING GENDER-BASED VIOLENCE IN INDIA
Authors: Manju Sonkar
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/04
- 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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