Gender Justice
VIOLENCE AGAINST WOMEN
Submitted by
Rohit Varma
Roll No - 99
Semester VII-B
Gender Justice
ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher Ritu Raghuvanshi for giving me the
opportunity to work on this topic. I came to know about so many new things I am thankful to him.
Secondly, I would also like to thank my parents and friends who helped me a lot in finalizing this project.
I am are over helmed in all humbleness and gratefulness to acknowledge my depth to all those who have
helped me to put these ideas, well above the level of simplicity and into something concrete.
I hope we all stay strong and stay safe during this pandemic.
Thanking You,
Rohit Varma
Gender Justice
INDEX
1 Acknowledgement
2 Introduction
3 Violence Against Women
4 Factors of Violence Against Women
5 Prevention of Violence Against Women
6 Violence Against Women & Indian Legislation
7 Conclusion
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INTRODUCTION
Violence against women (VAW) dates back to the history of mankind. Several forms of abuse have been
described in our ancient epics, like Mahabharat and Ramayana. There have been efforts at global level to
eliminate VAW. The United Nations (UN) Declaration on the Elimination of VAW (1993) states that “VAW
is a manifestation of historically unequal power relations between men and women, which have led to
domination over and discrimination against women by men and to the prevention of the full advancement of
women, and that VAW is one of the crucial social mechanisms by which women are forced into a subordinate
position compared with men.”
The UN prepared documents for the purpose of eliminating VAW and to bring women to an equal status with
men. In all countries, across all cultures, efforts should be made, that UN Declaration is known and respected.
Violence against women (VAW) is a major public health problem in the country. The problem is grossly
under-reported. A number of factors have been blamed for crimes against women. An inefficient law enforcing
machinery has often been targeted for the increasing number of cases being reported. There is little recognition
that psychiatric morbidity can perpetuate such crimes. Of late, there appears to a continuous increase in the
number of crimes committed against women; especially the very serious ones like gang rapes. The latter have
shaken the very conscience of people. Even harsher 1legislation does not seem to have made any effect. One
wonders how this could be possible in a society heading toward high education, economic and technological
development. Media has played a pivotal role by highlighting the problem to the masses. The need for the
hour is for mental health professionals to take the challenge and present a comprehensive proposal for definite
action to prevent all forms of VAW.
The Protection of Women from Domestic Violence Act (PWDVA), 2005 recognizes four types of VAW in
domestic relationships: Physical, sexual abuse, emotional or verbal abuse, and economic violence. This
categorization is also applicable for VAW in other settings.2
The situation in India with respect to VAW is alarming. The prevalence figures of India, during the year 2011,
as reported by National Crime Records Bureau are: Cruelty by husband and their relatives - 43.4%;
molestation - 18.8%; rape - 10.6%; kidnapping and abduction - 15.6%; sexual harassment - 3.7%; dowry death
- 3.8%; Immoral Traffic Act - 1.1%; Dowry Prohibition Act - 2.9%; and others - 0.2%.
The Thomas Reuters Foundation expert poll in 2011, reported that India is the fourth most dangerous country
in the world after Afghanistan, Congo, and Pakistan. “Female foeticide,” child marriage and high levels of
1 New Delhi: National Crime Records Bureau, Ministry of Home Affairs; 2011. Crime in India. Statistics; p. 79.
2. U.N. Agencies. IRIN News, American Journal of Public Health, World Bank, Gender Index, Human Rights Watch, International Centre for Research on Women.
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trafficking and domestic servitude make India the world's largest democracy the fourth most dangerous place
for women.
One hundred million people, mostly women and girls, are involved in trafficking in one-way or another,
according to Madhukar Gupta former Indian Home Secretary.
Up to 50 million girls are “missing” over the past century due to female infanticide and foeticide. 44.5% of
girls are married before the age of 18.3
The “Children in India, 2012 - A Statistical Appraisal” study reported that during 2001–2011, the share of
children to total population declined; the decline was sharper for female children than male children in the age
group of 0–6 years.”
Manifestations of VAW occur throughout the lifespan from prebirth, infancy, childhood, adolescence,
adulthood to old age. Violence is inflicted on children, adults with disabilities, and severe mental illness and
occurs in different settings such as at home, workplace, hospitals, jails, governmental and nongovernmental
homes for the under privileged, and in the community. It occurs in all socioeconomic and cultural groups.
World Health Organization advocates action plans to be implemented at national level to prevent violence as
a global campaign. Of major concern are increasing cases of domestic violence, sexual harassment at work
place, dowry-related violence, honour killings, acid attacks, and gang rapes.4
VIOLENCE AGAINST WOMEN AND INDIAN LEGISLATION
Crimes against women are classified in the Indian Penal Code (IPC) and special and local laws.
Some of the crimes under the IPC are mentioned below:
• Rape (Section 376 IPC): Over the years there has been a trend of increasing number of cases being
reported. 9.2% increase was reported in the year 2011 over the year 2010. Rape cases have been
divided into two categories: Incest rape and other rapes. Delhi has often been addressed as the rape
capital of India
• Kidnapping and abduction (Section 363-373 IPC): Delhi has shown the highest rate
• Dowry death (Section 302, 304B IPC) and Dowry Prohibition Act, 1961: Highest rate has been
reported in Bihar
3
Florence, Italy: Innocenti Research Centre, UNICEF; 2000. UNICEF. Domestic violence against women and girls. Innocent
digest. No 6-June 2000. [Google Scholar]
4
Geneva: World Health Organization; 2012. World Health Organization. Violence Prevention Alliance. Global Campaign for
Violence Prevention: Plan of Action for 2012-2020.
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• Torture (Cruelty by Husband and Relatives of Husband) (Section 498-A IPC): The highest crime rate
was reported in West Bengal
• Molestation (Section 354 IPC): Madhya Pradesh has reported the highest incident, and Kerala has
reported the highest crime rate
• Sexual harassment (Section 509 IPC): Sexual harassment of women is a violation of the fundamental
right of women to work in a safe environment
• Importation of girls (Section 366-B IPC).
The gender specific laws for which crime statistics is recorded are as follows:
• Immoral Traffic (Prevention) Act, 1956. Daman and Diu reported the highest rate
• Dowry Prohibition Act, 1961
• Indecent Representation of Women (Prohibition) Act
• Sati Prevention Act, 1987
• The Protection of Women against Domestic Violence Act (2005).
An increasing trend in cases of rape was observed during 2007–2008. A mixed trend in the incidence of rape
has been observed during the periods 2008–2011.5
FACTORS OF VIOLENCE AGAINST WOMEN
The factors contributing to VAW can be intrinsic, within the individual, in the victim or in the perpetrator; or
extrinsic, in the environment. The latter could be in the immediate environment (e.g., family) or in the
community. The important causes of violence are listed below.
Sociodemographic
Early and young age, illiterate or low level of literacy, poverty, urban domicile, and women with no income
of their own, unmarried, separated or divorced status or being in a live-in relationship have been cited as risk
factors for domestic violence.
Women engaged in small business and farming were more likely to be abused than women who were
housewives or who had occupational status equal to that husbands. Where women have a higher economic
status, than their husbands and are having sufficient power to change traditional gender roles, violence is at
its highest. In predisposed persons, marriage can contribute to mental health problems. Mentally ill women
are subjected to different forms of violence in a marital unit without the appropriate steps being undertaken
5
New Delhi: National Crime Records Bureau, Ministry of Home Affairs; 2011. Crime in India. Statistics; p. 79.
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for the management of their mental illness, further contributing to marital disharmony and limited family
functioning.
Family factors
Exposure to harsh physical discipline during childhood and witnessing the father beating the mother during
childhood is a predictor of victimization and perpetration of violence against his wife in adulthood. Women,
who reported experiencing harsh physical punishment during childhood and had witnessed their fathers beat
their mothers, were at increased risk of spousal physical violence (beat, hit and kick).
Psychiatric morbidity
There is robust evidence to suggest that alcohol has been the factor associated with perpetration of several
forms of VAW. A recent meta-analysis provided a strong evidence for association between alcohol and
intimate partner violence among women. Prevalence of aggression is higher among psychiatric patients
especially those suffering from severe mental illness like schizophrenia. The most pathological cluster type
personality contributes to more anger experience. Other morbidities like paranoid schizophrenia, delusional
disorder, bipolar disorder, and antisocial personality have been linked with perpetration of sexual VAW.
Persons with intellectual disability form a particularly vulnerable group as in them a higher prevalence of
sexual assault than in general population has been reported. Likewise, women suffering depression, severe
mental illness, and mental retardation would be at high risk for various types of abuse.
Women with severe mental illness constitute an extremely vulnerable population at risk for various types of
violence. Women with mental illness are often rejected by their families, usually when the mental illness
manifests soon after marriage, or the fact of mental illness before marriage comes to light, primarily because
of the widespread stigma of mental illness. According to the Indian legislations like Hindu Marriage Act,
1955, and Special Marriage Act, 1954, a severe, recurrent and disabling mental illness is a ground for nullity
of marriage. Thus, many husbands reject their wives with mental illness as they know that in a patriarchal
society they would always be able to remarry. However, as many of these women are married with hefty
dowry and also because the marriage is considered to be a permanent union, the women and their families
may adopt all sorts of measures to prevent nullity of marriage. Thus, when social measures fail, legal measures
may be adopted. Complaints may be made under their Dowry Prohibition Act, the PWDVA or 498A IPC (of
cruelty by husband and relatives of husband). Although in such cases the allegations are of violence
and/harassment for dowry, the main concern is the restitution of conjugal rights, not dowry. Dowry is a
nonissue in most of the cases, because both the giver and receiver of dowry were in agreement. Various forms
of violence may be inflicted on the women so as to drive them out of the matrimonial homes. It is usually a
no-win situation. All along the treatment of mental illness of the women is neglected which worsens the
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situation and closes the gates for reconciliation. Many marriages end up in separation or divorce; children are
the worst sufferers.
Sociocultural traditions (deep rooted)
Patriarchy, traditions like dowry, family honour, witnessing family violence etc., have continued through the
ages and have put women in disadvantaged positions.
Legislation
Hindu Marriage Act (1955)
Deficiencies in certain legislations are noteworthy. According to two major legislations on marriage the Hindu
Marriage Act (1955) and Special Marriage Act (1954) presence of mental illness at the time of marriage or in
the past, if concealed, can become a ground of nullity of marriage. The marriage is voidable if the person “is
incapable of giving a valid consent to it in consequence of unsoundness of mind” or is “suffering from a mental
disorder of such a kind, or to such an extent, as to be unfit for marriage and procreation of children” or “has
been subject to recurrent attacks of insanity.” These words have not been clearly defined and have been
differently interpreted both by people and legal professionals. During the past 50 years the prognosis of severe
mental illness has improved considerably. Very few persons would meet the conditions laid down in the
marriage Acts. However, because of mention of the word “mental disorder” and “insanity” many husbands
and their families and lawyers take the stand that they are justified is rejecting their wives.
Protection of Women from Domestic Violence Act (2005)
This Act does not recognize mental illness as a cause of domestic violence. The perpetrator of domestic
violence is not permitted to plead any defines. He is to be counselled to stop violence. There no provision in
the code of civil procedure for mandatory psychiatric assessment and treatment.
Dowry Prohibition Act (1961)
Although many complaints under this Act are genuine, there is evidence that frivolous complaints are also
made against the husband and relatives with the sole purpose of saving the marriage, when is on the verge of
breakdown. This is most often done when there is underlying mental illness in the women. In a typical case
the husband rejects the woman because of mental illness, while the woman's family denies mental illness and
alleges that the abnormal behaviour is because of cruelty meted out to her to fetch more dowry. In most of the
cases treatment of the mental disorder remains neglected leading to more violence. There no provision in the
code of civil procedure for mandatory psychiatric assessment and treatment.
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Psychosocial stress
Psychosocial stress relating to poverty, education, career, unemployment, work, marriage, and corruption etc.,
can contribute to violence by resulting in maladaptive coping responses and/or triggering mental illness in
vulnerable individuals.
Recreation and sports
Lack appropriate facilities for recreation/sports and development of creative abilities and social networking
also have some role.
Law enforcement machinery
An insensitive, inefficient, unaccountable and corrupt law enforcement machinery (including administrators,
police, and judiciary) loses its role as a mechanism for redress of complaints and deterrent for commission of
crimes. Often, it has rightly been said that “justice delayed is justice denied.”
PREVENTION OF VIOLENCE AGAINST WOMEN
The dictum is “violence is preventable.”
Gender sensitization
Gender sensitization should focus on the sensitivities and boundaries of man-woman relationships, code of
conduct with respect opposite gender in different settings, and strategies to prevent violence at unusual places
and times. Awareness and education can be done by parents at home, teachers in school and colleges,
employers at work place and nongovernmental organizations (NGOs) in the community. Workshops, lectures
and street plays, videos can be organized in schools, colleges, and public gatherings for this purpose.
Relationship handling, violence prevention, and communication skills should be instilled in youth through
training workshops at schools, colleges and at community level. A national workshop was organized by Maitri
(NGO) on April 5, 2012 in Delhi on VAW. Medical and para-medical workers and medical students should
be sensitized on the topic for tackling gender sensitive issues. Sex education needs to be taught at the level of
schools, colleges, and community. Training of different stakeholders like police personnel, judiciary,
administrators, and legal professional is also needed.
Treatment of mental illness
Good mental health care facilities are needed for early identification, treatment and rehabilitation of those with
severe mental illness. Persons with mental illness with active symptoms must be kept in a protected
environment till substantial improvement takes place. Some patients with chronic illness such as mental
retardation and schizophrenia may have to be kept life-long in protected environments under the care of their
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guardians. Mass awareness needs to be created among people in this regard. Involuntary treatment of persons
with alcohol dependence should be carried out.
Restriction on the use of addicting substances
Concerted efforts must be made to restrict the use of alcohol, bhang, and ganja especially in young people.
There should be decrease in the number of alcohol outlets and prohibition on alcohol use in mass gatherings,
in institutions, and in public places like trains and buses. The age for purchasing alcohol may be raised to 30
years. Special checks on festive occasions are recommended with the help of breath analysers.
Pornography
The role of computers and internet is worth mentioning. Pornographic sites should be blocked. CD-
ROMS/websites containing such pornographic information quite should be strictly be prohibited.
Law enforcement machinery
24 × 7 helplines for women like Maitri (a New Delhi-based NGO), and Vandrewala in Mumbai are needed.
Victims of violence can directly go to the hospitals, can seek referrals from the community centres, and access
24 × 7 helpline numbers. Maitri NGO has provided the helpline number for Domestic Violence
+918010512345. Maitri (NGO) through its project “Samvedna” offers free counselling and mediation services
to victims of domestic violence and their families. The organization also facilitates legal services for those
who opt for legal solutions.
Fast track courts are strongly recommended.
Special cells in police stations with the help of women police officers should be empowered with manpower,
latest gadgets like CCTV footage and phone help lines, etc.
Legislation
Mind set of judiciary
Patriarchal mindset of the judiciary must change toward being gender neutral. Indira Jaising, Additional
Solicitor General of India, aptly stated “It's time for India's courts to gaze inward and throw out deeply
embedded patriarchal notions that stop judgments from being fair to women. Sexism within the system has to
go before it does more damage in the country.” “It was not possible for a man, acting alone to rape a woman
in good health” was stated in a judgment by a Orissa High Court judge.
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Amendments legislations
Hindu Marriage Act, 1955: Mental illness should be removed from conditions of Hindu Marriage. Not
informing about past illness of mental illness should not be a ground for nullity of marriage.
PWDVA, 2005 and Dowry Prohibition Act, 1961: Assessment for mental illness should be incorporated in
the code civil procedure so that the mental health needs of the victim and the perpetrator are addressed and
violence prevented.
Appropriate application of laws in the setting of mental illness
It is evident from many judgments of matrimonial disputes that mental illness is often present in one of the
parties, petitioner or respondent. However, it is often missed by the judiciary. As a consequence the case drags
on for years and mental illness remains neglected. It is suggested that judiciary have some preliminary training
for recognition of common mental disorders so that all doubtful cases may be referred for expert opinion and
treatment instituted if needed. This initiative has already been taken in some states. Also, there should a panel
of experts (1 or more psychiatrists) for family and civil courts dealing with matrimonial disputes who may be
consulted.
Code of conduct
Traditional families have an unwritten code of conduct which prevents intimacy between prohibited
relationships (father and daughter and mother and son etc.) in a family. Likewise, in hospitals there is a code
of conduct not to examine a female without a female attendant. All institutions should have some guidelines
(code of conduct) on how much of closeness is permitted between the two sexes. Adherence to the prescribed
code of conduct will prevent sexual misconduct. Also, if the same is violated, it can be easily detected and
appropriate measures can be taken.
Improving the socioeconomic status of women
Empowerment of women through improving their education, job opportunities, representation in different
sectors, and awareness about their rights and legal provisions would be a step in the right direction.
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CONCLUSION
Gender-based violence, especially violent crime like rape, is a multifaceted problem. To address this, it is
essential to tackle various other concurrent issues that act as contributing factors and thus play an equally
important role. An example for this is the portrayal of women in Indian cinema. This bears evidence to the
deep-rooted prejudicial attitudes towards women and other deeper societal issues that are contributory to these
crimes. Although the incorporation of stringent laws and stricter punishments are important to deter people
from committing such crimes, the solution to this is much more than just promulgation. Though the
amendment to criminal law addresses a few of these issues, it still falls short in many aspects. It is important
to acknowledge that judicial reform is only one aspect; there is a more humane side to this whole issue. Legal
solutions in the form of amendments to improve conviction rates could function as deterrents to such acts.
However, in such a scenario health workers could play a key role in applying a gender lens to their work as
healthcare providers, researchers and policymakers. In a country with gender discrimination operating at so
many levels and in so many ways, bringing about the needed change requires dedicated and combined efforts
of multiple agencies. While education and empowerment of women is a larger social process to which public
health professionals may not be able to contribute directly, we urge health workers and public health
professionals to facilitate improved access, utilisation and coverage of women in the services that we study,
plan, implement and evaluate. Doctors, nurses and other healthcare providers, researchers and public health
professionals need to respond to this social predicament individually and engage with this problem in their
own families, organisations and communities.
