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State Interventions on Women's Safety

This document provides an overview and acknowledgements for a study titled "Tackling Violence Against Women: A Study of State Intervention Measures" conducted by Bhartiya Stree Shakti, an investigator funded by the Ministry of Women and Child Development, Government of India. The study involved a comparative analysis of the impact of new laws, crime rates, reporting rates, and changes in awareness levels across multiple Indian states and districts over 12 months.

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Aniseh Bayagon
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0% found this document useful (0 votes)
661 views357 pages

State Interventions on Women's Safety

This document provides an overview and acknowledgements for a study titled "Tackling Violence Against Women: A Study of State Intervention Measures" conducted by Bhartiya Stree Shakti, an investigator funded by the Ministry of Women and Child Development, Government of India. The study involved a comparative analysis of the impact of new laws, crime rates, reporting rates, and changes in awareness levels across multiple Indian states and districts over 12 months.

Uploaded by

Aniseh Bayagon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Tackling Violence Against Women:

A Study of State Intervention Measures


(A comparative study of impact of new laws, crime rate
and reporting rate, Change in awareness level)

Investigator: Bhartiya Stree Shakti

Funded by:
Ministry of Women and Child Development,
Government of India, New Delhi

March 2017
Bharatiya Stree Shakti

Acknowledgement

We, BharatiyaStree Shakti (BSS) and Project team are pleased to present this REPORT after
an intensive research for twelve months. It has been a period of immense learning for
members of BSS in the scientific arena as well as on a personal level. We would like to
express our gratitude towards people who extended helping hand in successfully
accomplishing this multi-faceted project.

First, we would like to thank Ministry of Women and Child Development (MWCD) for giving
us opportunity to study the topic in depth. We are also indebted to MWCD officials for their
kind support and assistance. We are grateful to respondents in this investigation i.e. Police
department, Medical professionals, public prosecutors, fund disbursement authorities and
social counselors. We sincerely acknowledge their cooperation for smooth investigations
throughout the study in various cities. We appreciate National Commission for Women for
making available the needed data and reference material. The coordination and team spirit
of project coordinator, research officers, investigating officers, typists and data entry
operators, at central and state level, made it possible to compile the research in this form.
We are grateful to our volunteers and office members for sharing the office space and
infrastructure. We do acknowledge kind help from BSS volunteers for financial transactions
and our audit services. Our organizational network of volunteers and our friends were very
supportive during formal and informal deliberations.

Lastly, we express our gratitude to Project Advisory committee, with special mention of Prof.
Dr. MedhaSomaiya, for taking out time in their busy schedule to give valuable input. Their
motivation and encouragement contributed greatly in completing project satisfactorily. We
tried our level best to make the outcome comprehensive and fruitful. We request you to
pardon us for lacunas and loopholes. Thank you one and all!

Dr. Vasanti Deshpande Dr. JyotiChauthaiwale

Project Director Co-director

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Bharatiya Stree Shakti

Contents

Content Page No
Acknowledgement
Contents
List of Tables
Executive Summary
Chapter I Introduction 27
Chapter II Review of Literature 60
Chapter III Research Methodology 117
Chapter IV Realities of Victims & Beneficiaries 126
Chapter V Realities from Police Officers & police Stations 159
Chapter VI Realities from Public Prosecutor 198
Realities from Medical Officers & Medical
Chapter VII 221
Practitioners
Chapter VIII Realities from Nirbhaya Fund Officers 249
Chapter IX Realities from Social Counsellors 265
Chapter X Conclusion & Recommendations 257
A. Tools of data Collections
Annexure
B. Bibliography

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List of Tables

Table no Title of the table Page no

3.1 States and Districts covered


3.2 Sample size of each quota
3.3 Various tools of data collection
3.4 Advisory Committee
4.1 State wise data
4.2 District wise data
4.3 Crime reported
4.4 Prevalence wise crime reported
4.5 Age of the respondents
4.6 Prevalence wise Age of the respondents
4.7 Educational level of the victims
4.8 Caste Category of the victim
4.9 Religion of the Victims
4.10 Place of residence of the victim
4.11 Victim’s Complaint registered by
4.12 Injury while filing case
4.13 Medical Examination of the victim
4.14 Place of Crime
4.15 Accompanied victim when the crime took place
4.16 Time of Crime
4.17 Who was Accused
4.18 Age of the accused
4.19 Age of the accused according to Prevalence
4.20 Number of accused

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Bharatiya Stree Shakti

4.21 Treatment by police


4.22 Counseling
4.23 Availing the free legal aid
4.24 Status of Victim’s Case
4.25 Benefit from Compensation Fund
4.26 Amount Allotted in Rupees
4.26 Provided help for rehabilitation
4.27 Economic help to the victim to survive
5.1 State wise distribution
5.2 District Wise Distribution
5.3 Prevalence
5.4 Cases registered in police Station as FIR
5.5 Presence of Women constable while recording statement
5.6 Others’ Presence while recording the statement
5.7 Place of recording statement
5.8 Recording statement in Camera
5.9 Reasons behind not recording statement in camera
5.10 Pre-statement Counseling
5.11 Counseling at police station
5.12 Counseling other than police station
5.13 Time involved in recording statement
5.14 Times of narrating incident by Victim
Insisting sending victim for medical examination before filing
5.15
the FIR
Reasons for not insisting sending victim for medical
5.16
examination before filing the FIR
5.17 Encouraging victim to file complaint
Circumstances in which victim get hesitated to file the
5.18
complaint

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Bharatiya Stree Shakti

5.19 Informing victim about the availability of free legal aid


Sealing and submitting evidentiary property of the victim and
5.20
culprit to the court
Cases proved, and accused was punished as per your police
5.21
station record
5.21 Sending victim to any Trauma treating center
Informing victim about Victim Compensation and similar
5.22
funds
5.23 Change in lodging complaint by the victim
5.24 Change in Complaint mechanism
5.24 Change in Awareness about Law
5.25 Change in Facilities to victims
5.26 Any Other changes observed in these three years
6.1 State wise Distribution
6.2 District wise Distribution
6.3 Prevalence wise Distribution
6.4 Cases of violation against women in court
6.5 Time involved in deciding cases
6.6 Timelines given in the existing laws feasible
6.7 Cases in accused are punished
6.8 Conducting cases in camera
Asking questions to victim related to her past sexual
6.9
experience or character in the cross examination
6.10 Getting enough evidences to strengthen the case
Informing the victim about Victim Compensation and similar
6.11
funds
6.12 Experience in getting evidence from Police
6.13 Video graphing the statement of the victim
6.14 Receiving the statement in CD

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Bharatiya Stree Shakti

6.15 Medical examination report as conclusive proof


6.16 Accompaniment with the victim
6.17 Challenges faced while handling such cases
6.18 Changes in lodging complaint by the victim
6.19 Changes in Complaint mechanism
6.20 Changes in awareness about Law
6.21 Changes in facilities to victims
7.1 State wise Distribution
7.2 District wise Distribution
7.3 Prevalence wise distribution
7.4 Cases handled
7.5 Place of Medical examination conducted
7.6 Accompaniment the victim
7.7 Examines the victims
Awareness about the amendments made in the criminal law
7.8
act 2013
7.9 Asking details about past sexual experience
7.10 Charging fees for examining the victim
7.11 Time of examination of the victim
7.12 Initiating medical treatment
7.13 On an average time for treatment of victim (in hours)
7.14 Evidence collected in this hospital admissible in the Police
7.15 Availability of Sexual Assault Kit in hospital
7.16 Availability of Forensic Lab for testing of vaginal fluid sample
7.17 Time involved in getting the report
7.18 Having special counseling facility for victims
7.19 Referring for trauma management
7.20 Challenges faced while handing such cases

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Bharatiya Stree Shakti

Informing victim about victim Compensation Fund and


7.21
similar funds
7.22 Changes in lodging complaint by the victim
7.23 Changes in Complaint mechanism
7.24 Changes in Awareness about Law
7.25 Changes in Facilities to Victim
8.1 Sate wise Distribution
8.2 District wise Distribution
8.3 Prevalence wise Distribution
8.4 Other responsibility share by the fund officers
8.5 Applications came under scheme
8.6 Victims got benefit
8.7 Amount/Fund allocated
8.8 Time for releasing fund
8.9 Restricting allocation of funds to the same financial year
9.1 State wise distribution
9.2 District wise distribution
9.3 Prevalence wise distribution
Process of the cases of violence against women reach to the
9.4
counsellor, Victim approaches
How do the cases of violence against women reach to the
9.5
counsellor? Referred by police
How do the cases of violence against women reach to the
9.6
counsellor? Relatives of the victim
How do the cases of violence against women reach to the
9.7
counsellor? Hospital
How do the cases of violence against women reach to the
9.8
counsellor? NGOs

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Bharatiya Stree Shakti

How do the cases of violence against women reach to the


9.9 counsellor? Proactive initiative by the counsellor
herself/himself
9.10 Who accompanies with the victim? Victim alone
9.11 Who accompanies with the victim? Parents
9.12 Who accompanies with the victim? Husband
9.13 Who accompanies with the victim? Friend
9.14 Who accompanies with the victim? Guardian/Relatives
9.15 Who accompanies with the victim? GO/Counselling Centre
9.16 Number of victims approached
9.17 Role in the procedure till filing the complaint
9.18 Role in the procedure ‘from filing FIR till the final judgement
9.19 difficulties faced while tackling such cases?
difficulties in term of non-cooperation faced while tackling
9.20
such cases
difficulties of Non-cooperation from family members face
9.21
while tackling cases
difficulties of pressure from politician face while tackling
9.22
cases
Difficulties of pressure from opposite party face while
9.23
tackling cases
9.24 Cooperation from Victim’s Relatives
9.25 Cooperation from Police officers:
9.26 Cooperation from Medical Officers
9.27 Cooperation from Government officials
9.28 Cooperation from Public Prosecutor
Invitation from the police to the counsellor while recording
9.29
statement
Ensuring the presence of woman constable while recording
9.30
the statement

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Bharatiya Stree Shakti

Awareness of new definition of “Rape”, according to criminal


9.31
law amendment, 2013
9.32 Helping in the process of rehabilitation
Helping by Psychological support in the process of
9.33
rehabilitation
Helping in the process of rehabilitation by shifting in short
9.34
stay home
Helping by Skill development/ education in the process of
9.35
rehabilitation
Helping in the process of rehabilitation by assisting in getting
9.36
job
Assisting victim to avail Victim Compensation Fund or any
9.37
other equivalent scheme by providing Information
Assisting victim to avail Victim Compensation Fund by
9.38
helping in application
Assisting victim to avail Victim Compensation Fund by
9.39
helping in collecting concern documents
Assisting victim to avail Victim Compensation Fund by
9.40
approaching fund officials
Assisting victim to avail Victim Compensation Fund or any
9.41
other equivalent scheme by follow up till the end
No of cases in which Victim Compensation Fund was
9.42
sanctioned
Changes in past three years in concern with lodging
9.43
complaint by the victim
Changes in past three years in concern with Complaint
9.44
mechanism
Changes in past three years in concern with Awareness about
9.45
Law

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Bharatiya Stree Shakti

Changes in past three years in concern with Facilities to


9.46
victims
10.1 States and Districts covered

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Bharatiya Stree Shakti

SUMMARY

Bharatiya Stree Shakti (BSS), established in 1988, is a voluntary, autonomous, apolitical


organization working for empowerment of women by promoting Gender Equality, Economic
Independence and Education for women. Bharatiya Stree Shakti is committed to shape the
future of women, family and nation with a focus on the education, health, economic
independence, gender equality and self-esteem. Our goal is to reinstate dignity, freedom,
ensure women’s participation at all levels of decision making and emancipation from all
exploitative compulsions.

BSS, a well-recognized and prestigious NGO spread nationwide, works to design and review
policies, create awareness, interacts with Central and State government officials to bridge
the gap between common men and women and policy makers. Many initiatives were
successfully implemented to give recommendations to government policies. On the other
hand, BSS has been instrumental in bringing awareness about Government schemes and
initiatives to its beneficiaries especially women.

One of the main objectives of “National Policy for Women 2016” which is - Elimination of all
forms of violence against women through strengthening of policies, legislation, programs,
institutions and community engagement.

The infamous “Nirbhaya” case which generated widespread outrage and was widely
condemned in India and abroad. The 2012 Delhi gang rape case involved a rape and fatal
physical assault, which occurred on 16th December 2012, in Munirka, in South Delhi. Victim
died from injuries and infections. The victim was named and quoted as “Nirbhaya”, which
means "fearless". The protests in December 2012 led to setting up a judicial committee to
study and take public suggestions for the best ways to amend laws to provide quicker
investigation and prosecution of sex offenders. In 2013, the Criminal Law (Amendment)
Ordinance, 2013 was promulgated by Hon’ President Pranab Mukherjee, several new laws
were passed, and six new fast-track courts were created to hear rape cases. Following the

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Bharatiya Stree Shakti

incident the government set up the Nirbhaya Fund , administered by Department of


Economic Affairs, Ministry of Finance, to address violence against women.

Bharatiya Stree Shakti in consultation with Ministry of Women and Child Development,
Government of India, decided to investigate the impact of changed policies and laws. The
research project “Tackling Violence Against Women: A Study of State Intervention
Measures (A comparative study of impact of new laws, crime rate and reporting rate,
change in awareness level)” aimed at documenting the changes in enrolment of the cases
of violence against women after the policy level changes and to compare the national
scenario related to the violence against women. The study focused on stakeholders such as
– Police Stations, Government Social Cells, Counseling Centers, Voluntary Organizations,
Medical and Legal Practitioners. We selected four states Maharashtra, Kerala, Uttar Pradesh
and Delhi from India. From each of the states two districts has been chosen based on
prevalence of violence against women. These two districts from each state include one
highest prevalence district and one lowest prevalence district in concern with violence
against women.

The study was conducted in four states Maharashtra, Kerala, Uttar Pradesh and Delhi From
each of the states two districts has been chosen based on prevalence of violence against
women. These two districts from each state include one highest prevalence district and one
lowest prevalence district in concern with violence against women. Districts selected were
as follow-

1. Delhi-North Delhi and South-East Delhi.

2. Maharashtra- Mumbai and Gadchiroli

3. Uttar Pradesh- Lucknow and Mirzapur.

4. Kerala-Trivandrum and Waynadu

Violence against women is a problem across the World. It affects women of all races, ethnic
groups, classes and nationalities. It is a life-threatening problem for an individual woman
and a serious problem for all socio-economic and educational classes. It cuts across cultural
and religious barriers, impeding the right of women to participate fully in society. Violence

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Bharatiya Stree Shakti

against women takes a dismaying variety of forms, from domestic abuse to rape, to child
marriages and to female circumcision. All of them are violations of the most fundamental
human rights.

The Indian constitution which is the fundamental law of the nation, contains numbers of
provisions for the benefit and protection of the women. The concept of equality and non-
discrimination finds its due place in Indian constitution. Besides, it also enables the state to
adopt measures of affirmative discrimination in favor of women. Apart from fundamental
rights, some specific provisions to ensure the rights of women have also been incorporated
in Directive Principles of State Policy. However, despite constitutional protection and several
legislations, gender discrimination and injustice continue to occur. This is mainly because
those who enforce the laws or interpret do not always fully share the philosophy of gender
justice concept.

Indian women are, by and large, handicapped with respect to all the prerequisites essential
for access to justice. The widespread illiteracy, the cultural barriers and subordination is
very common. The unfriendly process of law has kept most distressed women away from the
law and courts. Victimized women have various experiences with the national criminal
justice systems. They cannot always depend on the criminal justice system for either
protection or rehabilitation. In terms of combating violence against women, there often exist
gaps and ambiguities in the laws criminalizing violence. Laws tend to be piecemeal, focusing
on specific forms of violence rather than dealing comprehensively with all forms of violence
against women. When the law is in place, there is often weak law enforcement. This leads to
victim's apathy and distrust and avoidance of the system. In certain situations, such as the
cruelty and dowry deaths, corruption among police and other enforcement officials works
as a major obstacle.

The Governmental authorities, social organizations, women's organizations, voluntary


groups and NGOs should come forward to serve the cause of rape victims. There is an urgent
need to bring a change in the attitude of the police authorities in the matters of rape cases.
They should have a sympathetic attitude towards the victims of rape and the necessary
support should be provided to the victims.

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Bharatiya Stree Shakti

The law-enforcement agencies, the police and the judiciary can play an important role in the
control of crime against women and particularly rape. The law-enforcement is a continuous
process from the time a crime is reported till the criminal is prosecuted and punished. This
is a long process involving various stages such as, investigation, prosecution, trial and
judicial decision. The victim needs to be facilitated at all these stages. Never-ending trials
have also led to a scenario where the complainant is forced to compromise with the victim
outside the court secretly due to the social pressure, thereby frustrating the whole purpose
of law. What is the use of increasing the punishment when the chance of conviction itself is
a rarity?

Keeping all this in mind effort has been taken to understand the realities from various
perspectives. Opinion of the various factors associated with judicial systems in case of
violence has been studied and analyzed in this paper.

Realities of Victims and Beneficiaries:

Violence against women is a violation of fundamental freedoms and rights, such as the right
to liberty and security, as mentioned in the Charter of Fundamental Rights of the European
Union (EU, 2000). Violence against women can be domestic as well as public, physical,
emotional or mental. Women have fear of violence in their mind which causes the lack of
participation in various areas of life. Deep impact of the trauma remains in their minds even
after post-violence corrective measures and rehabilitation.

The district wise and area wise distribution of the respondents indicate that the victims are
across the area. Percentage wise difference is observed but the cases of violence are found
across the geographical area and within the high and low prevalence area. Similarly, the
socio demographic features of the respondents show that the cases of violence are found
across the group of people. There is no difference based on religion, caste and education.
Every age group of women have been facing violence in their life.

Most of the cases of violence generally happen during the day in which the woman is out of
the home, alone for livelihood activities, without no family members being around.

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Bharatiya Stree Shakti

Surprisingly in most of the cases the accused are the persons known to the victim from the
neighborhood or family. Generally, it is assumed that big threat for women is from unknown
person than familiar one, but the fact is completely opposite. Women are not safe among the
people they know well. In today’s context, she may be unsafe with dear and near ones.

It is observed that in many cases woman goes alone for registering the case and in many
instances, they did not get proper treatment from the concerned police officer. In some cases,
victims have received counseling services but in few they didn’t get referred for counseling.
Many of them have not received the services like, free legal aid and financial support.

For prevention and control of crime, women need to be aware of their self-defeating
behavior. They need to get trained for, ‘how to identify and protect themselves from the
accused’, as most of the accused are in their close network of people. To prevent such
violence, they should be trained for self-defense. They should be made aware of the provision
of services for the victims like counseling, free legal aid, financial benefit for their help and
support. Most importantly the police department and the concerned officers need to be
trained to develop sensitivity so that they can deal with the victim with more compassion
and care.

Realities from Police Officers and Police Stations:

Constitutionally, every crime should be reported, and every woman who faced violence of
any form should get justice. The trends of reporting influenced by various socio-cultural
factors, the judicial systems and the attitude of the persons in judicial system at various level.
In India the rate of unreported sexual violence is "far higher" than statistics indicate. Before
the new act and provisions, in many States, police responses to violence against women have
been typified by inefficient service delivery and underreporting by both police and victims.

In the eyes of victims, and society in general, police officers are one of the main sources of
help available to victims in case of violence. Their attitude is important in facilitating a sense
of safety and comfort to women seeking justice and support for protection. Indeed, police
officers’ attitudes and responses towards violence send a clear message to victims, offenders,
and the wider community. This results in social disapproval and reprobation, or conversely
social tolerance toward this kind of violence.
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Bharatiya Stree Shakti

Interviews were conducted with the police officers of the different police station in both the
high and low prevalence area to understand the status, their attitude and response towards
the issues of violence against women and their proactive nature and initiatives to help the
victim of the violence for extending the justice to her.

It is observed that the trend in reporting cases is increasing. People are aware and come
forward to report the cases. Although the police officers are trying to fulfill their duties few
of them have less sensitivity towards the victim. There is a need of building awareness and
sensitivity among the police to deal with the victim more positively. Along with filing First
Information Report (FIR) they must play important role of a guide and counselor. If they are
more sensitive, many victims will be feel free to come to the police station to report the case
and hidden incidence will be come in the light for legal action. Hence police have a very
crucial role in preventing the crime and also helping the victim to take a stand for legal action
against the accused.

Realities from Public Prosecutor

The role of the Public Prosecutor begins once the police has conducted the investigation and
filed the charge sheet in the court. They represent the State and conduct the prosecution on
behalf of the State. The Public Prosecutor is not involved in the investigation that is
conducted by the police. The role of the Prosecutors is not to single-mindedly seek a
conviction regardless of the evidence but their fundamental duty is to ensure that justice is
delivered. A ‘Public Prosecutor’ is independent entity and police cannot order her/him to
conduct prosecution in a particular way. Police, politicians or any other extraneous party
cannot influence their decisions, actions, including her/his discretion to decide withdrawal
of a case. The Public Prosecutor represents the State but not the police and can only be
influenced by public interest. Therefore, it is very important to understand the opinion of the
public prosecutors towards the crime of violence and their opinion about their roles and
responsibilities towards the victims while handling the case of violence.

According to the public prosecutors, various forms of violence are reported in the country
and maximum conviction made in the case of ‘Assault on women with intent to outrage her
Modesty followed by Rape and Kidnapping & Abduction’. It is observed from the data that

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Bharatiya Stree Shakti

public prosecutors claim that the support and help from the other systems like police and
the medical officers is quite positive but still in some cases the participation and support are
not ensured which create some difficulties in proceedings of the case. While proceeding the
case various challenges were faced by the public prosecutors. Some of the public prosecutors
play important role in informing the victim about the victim welfare fund and other fund to
help the victim. From this chapter, it is very clear that the public prosecutors have very
important roles to play in helping the victim to access the justice. Most of them are
performing their role very effectively. However, in some instances the sensitivity and
support is missing which need to be addressed by the public prosecutors.

Realities from Medical Officers and Medical Practitioners:

Healthcare professionals have a unique opportunity to address violence during medical


checkup of victims. They can play an important role in addressing the issue more sensitively.
Healthcare professionals are often “the first-line response” for many people who experience
domestic violence. It is important for the medical practitioner to have awareness and
sensitivity toward the issues and know the law provisions in the act and policies so that they
can identify, record and assist victims for getting the services to support victims more
effectively.

Unfortunately, healthcare professionals face personal barriers such as, attitudes and
perceptions that violence is a private issue, fear of offending their patient, fear of the patients’
abuser, a lack of understanding of abuse, lack of confidence or lack of training on screening
techniques.

Interpersonal barriers are the barriers that healthcare providers experience when they are
interacting with their patients. These barriers are significant particularly language and
cultural barriers, misunderstanding about reasons that victims choose to stay with their
abuser, and sometimes the perception that patients are difficult to screen when they are
experiencing psychological difficulties. Studies have shown that time constraints,
inadequate resources and support, lack of referral sources and lack of adequate procedures
for screening are all additional barriers healthcare professionals may face.

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Bharatiya Stree Shakti

All this barrier create hurdle for the medical practitioner to address the issues of victim more
sensitively. These barriers prevent them to provide best care while conducting the medical
examination and also treating the victim. In such situation, the evidence could not be
collected properly which is very important for the legal procedures.

It is therefore very much important to understand the view of the medical practitioners
towards this issue. Their care, opinion and support services are beneficial. We must value
their level of awareness about the act and various services to be provided to the victim.

To address and minimize above barriers, it is important to train and sensitize professionals
about the dynamics of abuse. Issues should be covered as; how to effectively and sensitively
identify victims, how to develop cultural competency, how to screen and refer patients for
help and how to develop comprehensive policies and procedures within their practice
settings. If the medical practitioner will be well sensitized and trained then they will deal the
patients very appropriately with the other support service for collecting the correct and
relevant facts and proof which is needed for the legal procedures.

Realities from Nirbhaya Fund Officers

Nirbhaya Fund is Indian Rs. 10 billion corpus announced by Government of India in


its Union Budget 2013. According to then Finance Minister P. Chidambaram, this fund is
expected to support initiatives by the government and NGOs working towards protecting the
dignity and ensuring safety of women in India. Nirbhaya (fearless) was the pseudonym given
to the 2012 Delhi gang rape victim to hide her actual identity. The Ministry of Women and
Child Development, along with several other concerned ministries, will work out details of
the structure, scope and the application of this fund.

In November 2013, the Ministry of Urban Development asked states to propose and
implement new plans that can be financed through the Nirbhaya Fund. The ministry has also
notified States and Union Territories who would not get their quotas of new buses under
the Jawahar Nehru National Urban Renewable Mission if they fail to put in place steps to

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Bharatiya Stree Shakti

make public transport system safe for women. Some reports have appeared in a section of
the press stating that the Nirbhaya Fund is underutilized. The correct position regarding the
utilization of the Nirbhaya Fund is given below.

The Ministry of Finance, Government of India had set up a dedicated fund called Nirbhaya
Fund in 2013, for implementation of initiatives aimed at enhancing the safety and security
for women in the country. It is a non-lapsable corpus fund. Under Nirbhaya fund, 18
proposals amounting to Rs. 2195.97 Crores have been received so far, out of which 16
proposals amounting to Rs. 2187.47 Crores have been appraised and recommended by the
Empowered Committee.

As far as application of the victim to access the benefit of the fund is concerned, very few
applications are received by the department as compared to the cases. The fund has been
allotted to the victim in very limited cases. There is an urgent need to sensitize the Nirbhaya
fund officers to be more sensitive towards the victims and also taking special initiatives to
make people aware about the benefits.

Realities from Social Counselors:

When we talk about violence, it is easy to focus on the physical effects. The injuries on the
body can be life-changing and can even result in death. It is important however to consider
the impact of this incident can have on victim's mental health. Depression, anxiety and low
self-esteem are typical repercussions of a violent experience. These psychological effects can
be incredibly destructive. Many victims report feeling suicidal tendency. The psychological
effect may completely change the personality of the victim. Hence it is important to extend
the psychological support to the victim.

This support is well extended to the victim through the process of counselling. When we say
counselling, it is the provision of professional assistance and guidance in resolving personal
or psychological problems. It affects their ability to function normally in the workplace and
develop healthy relationships. Hence the role of the counsellor in the life of domestic violence
victim is considered very important.

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The response, experience and difficulties faced by the counselor during the process of
counseling of a violence victim is discussed in detail. This is focused on the initiatives taken
by the counselor and their level of awareness related to various legal aspects of welfare of
the violence victims.

Counselor is a crucial person who has very important role to play in the process of dealing
the case of domestic violence. Despite having crucial role, counselor faces many hurdles in
playing role effectively. It also prevents the counselor to take special initiatives to help the
victim. Therefore it is necessary to give importance to the role of counselor in the process of
dealing with the victim. The prosecutors, the police the medical officer all need to have
extend their cooperation and provide opportunity for effective functioning so that the
psychological aspect of the victim can be taken care properly. It is necessary for recovery
from the shock and for strengthening the victim to go through the legal process fearlessly
and face the challenges and trauma positively and with full confidence.

Data collection and processing was completed in December 2017. Project Director, co-
director, organizing committee, investigating team had arrived at conclusions and
recommendations. A meeting of National Executive Committee (NEC) of Bharatiya Stree
Shakti (a parent organization) was organized at Ahemdabad on 11 th and 12th February to
discuss on the findings and recommendations. The NEC members added valuable inputs and
discussed suggestions.

Information Collected through Secondary Sources-

Apart from interviews with various stake holders we had filed RTI to get accurate statistical
data from various government institutions. Information we have received is as follow-

Public DCP North DCP south Delhi Hindu


Authority District District State Rao
legal Hospital
service
authority

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Informatio Provide the Provide the Provide Provide


n Sought details of all details of the details the
the all the about the details(to
reported reported allocation tal
cases of cases of of fund by number
crime crime the of cases,
namely, namely, governme age and
nt for their
1. Rape, 1. Rape,
providing residentia
2. Sexual 2. Sexual
legal l area ) of
Assault , Assault ,
services to the
3. Molestation 3. Molestatio
women patient
and n and
who are being
4. Acid attack, 4. Acid attack,
under treated/a
these dmitted
All with the All with the
categories in the
context of context of
hospital
violence violence
1. rape
after
against against
victims
women women
2. Acid 1. rape
between the between
attack 2. Acid
years 2011 the years
3. Sexual attack
to 2015 and 2011 to
assault 3. Sexual
2015
assault
Also
Provide Provide
the break- the above
up of the sought
funds informati
allocated on for the
on women year 2011

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under the to 2015


aforement separatel
ioned y for each
categories year for
Informatio Data Data - Data
n Received Received Received Received

Suggestions:

Suggestions are proposed by the researcher to bring about changes in the policies,
procedures and practices of the entire socio-legal system. The basic objective of this study is
to impart needed services for the women victims of domestic violence. If necessary changes
are brought about in the socio-legal support systems, it will strengthen locally active social
support system and networks.

1. Complainants of sexual assaults should be provided with legal representation. The


victim's advocate should not only assist her in filing the complaint but also guide her
in getting other kinds of assistance like psychiatric and medical treatment.
2. Legal assistance should be provided at the police station and in view of the distressed
state of mind of the victim.
3. Police should be under duty to inform the victim of the right to get representation
before asking her questions and the police report should state that she was so
informed.
4. A list of advocates should be prepared who were willing to act in these cases.
5. These advocates should be appointed by the Court, but to avoid delay advocates might
be authorized to act in police station before permission from the court had been
obtained.
6. A criminal injuries compensation board should be set up. Compensation for the victim
should be awarded by the court on the conviction of the offender and by the criminal
injuries compensation board whether a conviction had taken place.
7. All the suggested reformatory measures will not prove fruitful unless the political

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institutions become sensitive to the plight of victims of sexual assaults.


8. The low conviction rate in rape cases can be attributed to the lack of coordination
between the investigating officers and the public prosecutors. Hence, appropriate
training programmers should be conducted for the public prosecutors and the police
officers who investigate rape cases, so that through proper coordination between
them helps in receiving justice for the victim.
9. The modern investigating technique should be adopted in crime investigation which
would be of great help in determining the cases of sexual violence against women.
10. To rule out gender bias attitudes against rape victims, there should be training
programs for members of Judiciary and the Bar to build awareness regarding the
women’s plight in rape cases. It will help to develop conducive attitudes for the
effective interpretation and implementation of law.
11. Setting up of special courts for hearing the cases of sexual assault is strongly
recommended. In these special courts, women judges should be there so that the
victim feels comfortable in narrating the details of the sexual assault perpetrated on
her. Increasing number of fast track courts is an urgent need.
12. Special investigation units comprising predominantly women police officers should
be created. Investigating officers need to be trained and sensitized about the needs
and sensibilities of victims. Police officers and doctors need to be trained in interview
techniques which generally should be conducted at the victim's home. Systems
associated with these cases should not go only by rule but see beyond it. Doctors
simply go by the rule book. They look for tangible physical evidences that have been
listed out. If there is no physical injury, they simply pronounce the girl as not having
been assaulted. This narrow legalistic interpretation needs to be substituted by a new
humane perspective.
13. The police officers must be given special training to deal with the victims of sexual
abuse. Gender sensitization programs will help the officers to have the required
considerate approach for rape victims. Preferably there should be women officers in
every police station to attend to such females.
14. The court dealing with rape cases should be sensitive towards the conditions of rape

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victims. They should award punishments to rapists with great seriousness towards
women conditions in the Indian society.
15. Rape Crisis Centers are set up in countries like Australia, Canada, America, United
Kingdom, etc. These centers provide help through their telephonic help lines. These
centers provide the rape victims with medical help, counseling, and financial help
providing job opportunities etc. Such centers can be set up in India to provide medical
aid and counseling to the rape victims.
16. Another very important aspect is to provide counseling for the family members of the
victim. So that the family can positively help the victim to come out of trauma. Family
is the best support in such situation. In times of distress and emotional trauma, best
support can be provided by the family members.
17. Indiscrimination in use of judicial discretion can be regulated by enacting a legal
provision whereby the award of lower sentence.
18. The need of the hour is the creation of state sponsored victim compensation fund
particularly for heinous offences including rape. This award should have a victim's
need based procedure and should be totally free from the end result of the
prosecution that is conviction or acquittal and should come into action the moment
FIR is registered or cognizance is taken of a complaint.
19. The media must be sensitive to the plight of the rape victim and must not highlight
the name or any inference leading to the identification of the victim, as it will be
counterproductive. The media must not highlight the case where the offender has
been acquitted but must invariably highlight those cases where the offender has been
convicted, as it will infuse the feeling of deterrence among the people.
20. State governments should encourage women group in each district for taking up
various programs for the care and protection of victims of violence. The government
should not interfere in the autonomy and functioning of the NGOs in lieu of their
patronage, support and cooperation except periodical evaluation of the performance
of these organizations by non-official experts who may be appointed by the
competent authority.

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Conclusion:

Breaking the cycle of abuse will require concerted collaboration and action between
governmental and non-governmental actors including educators, health-care
authorities, legislators, the judiciary and the mass media. Education of both men and
women will lead to change in attitudes and perceptions. It is not easy to eradicate
deep seated cultural value or alter traditions that perpetuates discrimination. In the
final analysis, we come to a perspective that gender violence is a violation of human
rights that needs to be combated more strongly by both men and women who believe
in justice for all citizens irrespective of their class, caste, racial, religious and ethnic
backgrounds. It is mammoth task. We are just doing bits and pieces. A way ahead is
obscure but in our sphere with concrete and pronounced steps.

Dr. Vasanti Deshpande Dr. Jyoti Chauthaiwale

Project Director Co- director

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CHAPTER ONE

INTRODUCTION

VIOLENCE AGAINST WOMEN:

Violence against women is experienced by women of all ages and social classes, all races,
religions and nationalities, across the world. It is overwhelmingly perpetrated by men1. It is
the most pervasive violation of human rights in the world today. Its forms are both subtle
and blatant and its impact on development is profound. And it is so deeply embedded in
cultures around the world that it is almost invisible.

The term violence derives from the Latin word vis, which means force and refers to the
notions of constraint and using physical superiority on the other person. Violence is mutant,
as it is influenced by very different times, places, circumstances and realities. There is
tolerated and condemned violence, as violence has existed on Earth if mankind, assuming
different, increasingly complex and at the same time more fragmented and articulated forms.

The United Nations Declaration on Violence against Women provides a basis for defining
gender-based violence. Per Article 1 of the Declaration, violence against women is to be
understood as: "Any act of gender-based violence that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to women, including threats of such acts,
coercion or arbitrary deprivations of liberty, whether occurring in public or private life"4.'

The definition is amplified in article 2 of the Declaration, which identifies three areas in
which violence com m only takes place:

1. Physical, sexual and psychological violence that occurs in the family, including
battering; sexual abuse of female children in the household; dowry-related violence;
marital rape; female genital mutilation and other traditional practices harmful to
women; non-spousal violence; and violence related to exploitation;

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2. Physical, sexual and psychological violence that occurs within the general
community, including rape; sexual abuse; sexual harassment and intimidation at
work, in educational institutions and elsewhere; trafficking in women; and forced
prostitution;
3. Physical, sexual and psychological violence perpetrated or condoned by the State,
wherever it occurs.

Violence against women is a manifestation of the 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 women's full advancement of women".

In all societies, poverty, discrimination, ignorance and social unrest are common predictors
of violence against women. Yet the most enduring enemies of a woman ’s dignity and security
are cultural forces aimed at preserving male dominance and female subjugation-often
defended in the name of venerable tradition. Violence against women throughout the life
cycle derives essentially from cultural patterns, the harmful effects of certain traditional or
customary practices and all acts of extremism linked to race, sex, language or religion that
perpetuate the lower status accorded to women in the family, the workplace, the community
and society.

In developing countries, violent practices against women are often recognized and defended
as strands of the cultural weave. Wife beating, for example, is considered part of the natural
order in many countries -a masculine prerogative celebrated in songs, proverbs and wedding
ceremonies.5 The right of a husband to beat or physically intimidate his wife is a deeply held
conviction in many societies. Even women often view a certain amount of physical abuse as
justified under certain conditions. Justification for violence stems from gender norms -
distorted views about the roles and responsibilities of men and women in relationships.

Freedom from the threat of harassment, battering, and sexual assault is a concept that most
of women have a hard time imagining because violence against women is woven into the
fabric of society to such extent that many women who are victimized feel that they are at
fault. Many of those who perpetrate violence feel justified by strong societal messages that
say that rape, battering, sexual harassment, child abuse, and other forms of violence are

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acceptable. Images in the media of violence against women, those that depict rape or sexual
slavery as well as the use of women and girls as sex objects, including pornography, are
factors contributing to the continued prevalence of such violence, adversely influencing the
community at large, children and young people.

The experience or threat of violence affects the lives of millions of women worldwide, in all
socio-economic and educational classes, cutting across boundaries of wealth, race, religion
and culture thus impeding the right of women to participate fully in society. Every form of
violence threatens all women and limits their ability to make choices about their lives.

Violence against women both violates and impairs or nullifies the enjoyment by women of
their human rights and fundamental freedoms. Physical violence is nearly always
accompanied by psychological abuse, which can be just as demeaning and degrading. Acts or
threats of violence, whether occurring within the home or in the community, or perpetrated
or condoned by the State, instill fear and insecurity in women's lives and are obstacles to the
achievement of equality and for development and peace. The fear of violence is a permanent
constraint on the mobility of women and limits their access to resources and basic activities.
High social, health and economic costs to the individual and society are associated with
violence against women. Violence against women is one of the crucial social mechanisms by
which women are forced into a subordinate position compared with men.

The summary of different international conferences held in the 20th century contains the
propositions and definitions of minimal human rights for all people on the planet, which
undoubtedly affected the detection and investigation of gender violence against women.
These conventions were: Charter of the United Nations (1945); Convention on genocide
(1948); International covenant on civil and political rights (1966); International covenant
on economic, social and cultural rights (1966); International convention on the elimination
of all forms of racial discrimination (1965); Convention on the elimination of all forms of
discrimination against women (1979); Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (1984); Convention on the rights of the
child (1989); and the Inter-American Convention on the prevention, punishment and
eradication of violence against women - Convention of Belém do Pará (1994)(3). These

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conventions established legal frameworks to protect human rights, with positive


repercussions for the advanced understanding and eradication of violence against women.

KEY THEORETICAL MODELS FOR UNDERSTANDING VIOLENCE AGAINST WOMEN:

Violence against women committed by their intimate partners can be analyzed through the
Ecological Model, which explains the close relation between individuals and their
environment. Factors influencing people’s behavior towards this violence should be
analyzed with a view to establishing help programs.

One theoretical base to understand violence against women is the Ecological Model:

This proposal is based on different authors’ work and proposes “an integrated ecological
framework” with a view to studying and getting to know violence against women. The
ecological model studies factors active in four distinct spheres: individual, family,
communitarian and sociocultural, as shown in Figure 1. This model focuses on violence in
the interaction among its distinct levels. These are superposing causality levels, in which
there is not only single determinant, but an interaction of operating factors, favoring violence
or protecting the individual against it. These causal factors and their interactions need to be
known in their distinct contexts and cultural environments. This knowledge helps to identify
the fragile points and roads to advance in violence prevention and specific interventions (8).

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Figure 1 - The Ecological Model to understand violence - Source: OPS/OMS, 2002

Society

Community

Relations

Individual

The main point in the model is that it helps to acknowledge and distinguish between
countless factors influencing violence and, at the same time, provides a framework to
understand how its different elements interact. The First World Report on Violence and
Health tries to understand the multifaceted nature of violence through this model (2). The
ecological model, classified in four levels, makes it possible to analyze the factors influencing
people’s behavior and factors increasing the probabilities of people turning into victims or
perpetrators of violent acts.

The first level identifies biological and personal history factors. Traceable data include
personal and demographic characteristics (age, sex, education, income), antecedents of
aggressive or self-devaluation behaviors, mental or personality disorders and substance-
related disorders.

The second level includes closer relations, such as those between couples and partners,
other family members and friends. It has been observed that these increase the risk of
suffering or perpetrating violent acts. Having friends who commit or incite violent acts can
increase the risk that young people will suffer or execute these actions.

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The third level explores the community contexts where social relations are developed in,
such as schools, work places and neighborhoods. Attempts are made to identify the
characteristics of these environments, as they can increase the risk of violent acts. The risk
can be influenced by factors like mobility of the place of residence, population density, high
unemployment levels and existence of drugs traffic in the region.

The fourth level is directed at general factors, related to the structure of society. These
factors contribute to create a climate that incites or inhibits violence, such as the possibility
of obtaining arms due to social and cultural standards. These include standards that
prioritize parents’ rights over their children’s wellbeing, consider suicide as a personal
option more than as a preventable act of violence, reaffirm men’s dominion over women and
boys, back the excessive use of police force against citizens or support political conflicts. This
level also includes other facts, such as sanitary, economic, educative and social policies,
which contribute to maintain economic or social inequalities among groups.

Figure 1 shows the superposition of different rings, illustrating how factors at different
levels reinforce or modify each other. Thus, for example, the probability that a person with
an aggressive personality will act violently inside a family or community that is used to
solving conflicts through violence is higher than if he is in a more pacific environment.
Violence against women is increasingly faced as an important public health problem. Thus,
there is an urgent need to establish early detection and effective intervention programs.
There is a wider offer of victim support and protection services, providing orientations, legal
advice, educative and work training. Some of these develop alternative services, directed at
the aggressors, as physical violence exerts economic, morbidity and mortality repercussions
in different age groups.

This framework indicates that Violence can be present in all spheres of a woman’s life and
can manifest itself in different forms and circumstances through its evaluative cycle
(physical violence, psychological violence and social violence). It is reinforced by religions
and governments through standards and codes. Many experts analyze violence and all of
them agree that this phenomenon deteriorates women’s integrity, giving rise to deficient
health, family and social group disorder.

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Among consequences for women’s health, physical and psychological complications stand
out, which produce important disabilities in women, without forgetting about the social
consequences that sometimes make it impossible for her to leave this violent home where
her individual guarantees are violated and her individuality is denigrated. As this
phenomenon affects people’s health and has repercussions for public health at all levels
(regional, national and international), international conferences are held to look for
determinants and factors that lead to a better understanding of the violence phenomenon,
which hits many women on this planet. The World Health Organization recommends the
Ecological Model to understand violence, hoping to clarify the relation between learned
behaviors, man’s violent behavior and woman’s passive behavior. It is important to analyze
factors influencing people’s behavior towards violence with a view to establishing help
programs.

LEVELS OF GENDER-BASED VIOLENCE:

There are three levels of gender-based violence. These are the home or family level, the
community level and the state level.

Violence within the Home: domestic violence is the most prevalent form of gender-based
violence. It typically occurs when a man beats his female partner. Psychological abuse
always accompanies physical abuse and majority of women abused by their partners are
abused many times. Physical, sexual and psychological violence against women within a
couple and in the family, consists of battery, sexual abuse, female genital mutilation and
other traditional practices harmful to women and girls, marital rape, dowry-related violence,
incest, non-spousal violence like a son’s violence against his mother and violence related to
exploitation and deprivation of freedom. Despite these available data on gender-based
violence, there is no accurate information on gender-based violence in some countries. A
culture of silence surrounds cases of violence against women in most countries like Nigeria,
making it difficult to get a true picture of its extent. Some of the reasons why it is difficult to
get an accurate account is that most of the gender-based violence occur in the private sphere
– within families, inside homes, and out of sight.

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Violence Against Women within the General Community: Physical, sexual and
psychological violence occurring within the general community include battery, rape, sexual
assault, sexual harassment and intimidation in school or work, forced treatments and
abusive medication, the exploitation and commercialization of women’s bodies which is
related to increased poverty that is mainly a result of unbridled economic liberalism. These
types of violence occurring within the general community also include contraception
imposed on women by constraints or force, forced sterilization or abortions, selective
abortion of female fetuses and female infanticide (World March of Women, 2000).

Violence Against Women Perpetrated by the State: Physical, sexual and psychological
violence are too often perpetrated or tolerated by states that priorities custom or tradition
over the respect of fundamental freedom. In some countries, the rise of religious
fundamentalism is extremely disturbing about women’s right to their economic autonomy
and their freedom of choice. The social exclusion of women is so great that it constitutes a
new form of apartheid. Women are considered second class beings, of lesser value, deprived
of their fundamental rights. Violence against women is also exercised as a weapon of war in
situations of armed conflict. It has many forms including murder, rape, sexual slavery,
hostage taking and forced pregnancy (World march of Women, 2000).

Coomaraswany cited in Salami (2000), identified some additional violations of human


rights and fundamental freedoms such as the trafficking in women and girls for sex trade,
forced prostitution, rape, sexual abuse and sex tourism that have become the focus of
internationally organized crimes.

FORMS OF VIOLENCE AGAINST WOMEN:

Different forms of gender violence include intra family or domestic violence and violence at
work, manifested through physical, psychological and social aggressions. Intra family
violence is a form many women are submitted to, which originates among family members,
independently of whether the aggressor is sharing the same home or not. Aggressions
include violation, physical, psychological and economic abuse and can sometimes culminate
in the abused woman’s death. Habitual psychological, sexual or physical violence occurs
among affectively related people, such as husband and wife, or adults against minors or aged

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people within a family. Abuse is characterized by the set of conducts that intentionally cause
physical harm, pain or injury to another person (8). It includes acts ranging from slaps to
severe injuries that can cause death. Violence manifests itself physically as well as through
all those forms in which people’s individual guarantees are oppressed, made impossible or
violated. Hence, all definitions agree that violence is any act against women’s dignity,
independently of its origins. Domestic violence, gender violence and violence against women
are terms used to name a severe problem (9). In domestic violence, the aggression comes
from the partner or another family member, moving beyond house walls and affecting
elderly, children and disabled persons. In gender violence, the aggressors are persons close
to their victims, and aggressions occur in private or public spaces. One of the most common
forms of violence against women is committed by their husbands or intimate partners (10).
The fact is that, generally, women are emotionally involved with their aggressors and
economically dependent on them. This violence by intimate partners occurs in all countries,
independently of the social, economic, religious or cultural group. Violence by husbands or
intimate partners is committed against the “weak sex”. These cases include mishandled
women. This type of abuse has also been frequent in homosexual relations. Thus, a large
majority of cases of partner abuse has been committed by men against their “partner” (11).
Gender violence boils down to the result of male domination and female subordination
relations, in which the man intends to avoid the woman’s escape because he does not want
to divorce her, keeping her subject to a submission she cannot escape from (4). Based on
experts’ affirmations, we can summarize that gender violence is concentrated in individual
aggressions that go beyond the social level, undoubtedly reflecting one group’s domination
and another’s subordination. Studies have emphasized the prevalence of the intrafamily
violence phenomenon and associated risk factors. Conditioning factors have been appointed
in different levels of analysis, ranging from social and cultural aspects (authoritarian and
patriarchal values, acceptance of violence as a way to solve differences, ethnic groups),
gender (valuation of violence in male role performance, acceptance of violence and
punishment as a way to solve couples’ conflicts), psychological aspects (greater
impulsiveness, alcohol and drugs use) to (parents’, victims’ or a mistreated couple’s )
childhood experiences of violence(12). Violence against women and girls includes physical

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mistreatment, as well as sexual, psychological and economic abuse. Again, it can be affirmed
that “gender-based” violence develops because of women’s subordinate condition in society
(11). Two of the most common forms of violence against women are abuse by intimate
partners and forced sexual activity, which occur in childhood as well as adolescence or adult
life. Abuse by an intimate partner, also known as domestic violence, mistreatment or
aggression against the wife, is almost always accompanied by psychological abuse and, in
most cases, by forced sexual relations. Most women mistreated by their partners suffer
aggressions. In fact, abusive relations usually develop in an atmosphere of fear and even
terror. In industrialized countries, forms of violence are not the same for all couples
experiencing violent conflicts (10). There are at least two patterns:

1. A severe and growing form of violence, characterized by different forms of abuse, terror
and threats, accompanied by increasingly possessive and controlling behaviors by the
abuser. 2. A more moderate form of violence in the relationship, where constant frustration
and anger occasionally erupt in physical aggression. According to the study by Casique(13),
gender violence perpetrated by intimate partners against women can manifest itself through
physical acts, psychological violence, as well as social acts involving the violent situations
women live in. Physical aggression: This type of violence against women is the most evident
and difficult to hide, as it affects their physical appearance. Women suffering physical
aggression mostly experience numerous acts of violence over time. Physical violence is
understood as any action implying the use of force against women of any age and in any
circumstance, which can manifest itself through blows, kicks, pinches, bites, throwing of
objects, pushes, slaps, spankings, stab wounds, scratches, hits on the head, injuries, burns,
fractures, abdominal injuries and any other act against their physical integrity, producing
marks on their body or not (13,14,15). Psychological aggression This type of violence is more
difficult to detect, as victims present psychological scare, which are more difficult to observe
and prove (16). Psychological or emotional violence occurs by rejecting caresses,
threatening to beat up the woman and her children, impeding the woman to work, have
friends or go out; the partner, in turn, tells her about his amorous adventures and, at the
same time, accuses her of having lovers. A study carried out in Chile identified diverse
manifestations of psychological violence, classified as follows (16):

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Verbal abuse: humbling, insulting, ridiculing, humiliating, using mental games and ironies to
cause confusion

Intimidation: scaring with looks, gestures or screams; throwing objects or destroying


property - Threats: to hurt, kill, commit suicide, take the children with him

Isolation: abusive control of the other person’s life by watching over her acts and
movements, listening to her conversation, impeding that she makes friends

Disdain: treating the other person as inferior, making important decisions without
consulting the other Economic abuse: abusive financial control, imposing monetary rewards
or punishments, impeding the woman from going out to work although this is necessary for
family maintenance It is important to highlight that victims of psychological violence often
think that what happens to them is not sufficiently severe and important to decide on
attitudes to impede these acts, including denouncing them to competent organs. Some
victims believe that they would not be creditworthy if they denounced their aggressor. In
other cases, someone the woman respect tells her that she should continue in this abusive
relation for the good of her children or to guarantee the rights acquired through marriage
(16). Many women do not dare talking or denouncing that they are victims of mistreatment,
out of fear of the aggressors’ threats against themselves and their relatives. Many indirect
manifestations of violence comprise the so-called “destructive acts”, which are forms of
aggression or psychological pressure used by a man in a conflicting relationship, making the
woman’s free circulation impossible. Social aggression: No consensual definition was found
among the main authors studying violence. However, in this study, social violence was
considered as any action that impairs women, imposed by conducts or attitudes of
acceptance or rejection which society establishes as adequate in view of the violence women
suffer, as well as the social conditions involving the situation the violence victim lives in. The
violence women are victims of has not come out into the open, since it is considered as
something natural and private. Violence is reinforced by religions and governments through
standards and codes. This generates myths and beliefs that are not always in conformity with
current reality, although society has legitimated them, at some moment, due to not always
very clearly known motives (17). Popular myths and beliefs about violence include:

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- Violence is natural, it has always existed and will always exist - Home is a private space, in
which nobody should interfere - Violence occurs in low social classes, where poverty and low
education levels prevail - Alcohol and violence provoke episodes of violence - The aggressor
is violent in all of his actions and interpersonal relations - If the violent man shows regret or
apologizes, this will allow him to change his abusive behavior - Beating is a proof of love “I
spank you because I love you” - Man can neither control his impulses nor handle his passions
- The aggressor is mentally ill - Mistreated women can abandon their homes whenever they
want to - Women should stay with their partners under any circumstance, so that their
daughters and sons can grow up together with their father - The situation is going to change
for the woman, it is just a matter of waiting, doing one’s best and being more comprehensive
- Women like to suffer - If there is no jealousy, there exists no love in the couple - Woman
cannot escape from violence Nowadays, women increasingly participate in economic
activities. Their insertion into the labor market has provoked social changes in productive
institutions and homes. Nevertheless, job discrimination continues, devaluing women and
avoiding their ascension. Thus, the family provider role is being changed by women’s
economic independence, which undoubtedly affects her functions at home, a fact men
traditionally are not willing to accept. Social class is an important factor in the physical
aggression phenomenon. This means that the underemployed class should receive special
attention in intervention strategies related to the problem, consequently decreasing violence
statistics that directly affect women (18).

Types of Gender-Base Violence:

1. Domestic violence against Women

Domestic violence against women is a worldwide yet still hidden problem. It occurs in
developed and developing countries alike. For tens of millions of women today, home is a
locus of terror. Battering at home constitutes by far the most universal form of violence
against women and is a significant cause of injury for women of reproductive age. According
to a 2000 UNICEF study, up to half the female population of the world is subject to domestic
violence. Indeed, domestic violence is tragically common place but it happens behind closed

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doors and victim s fear speaking out. Even in a comparatively open society like the US,
research shows that only 1 in 100 battered women ever reports the abuse she suffers.

Hundreds of millions of girls and women around the globe endure debilitating and often fatal
human rights abuses. From the day of their birth, girls are devalued and degraded, trapped
in the apartheid of gender. Long after slavery was abolished in most of the world, many
societies still treat women like chattel: their shackles are poor education, economic
dependence, limited political power, limited access to fertility control, harsh social
conventions and inequality in the eyes of law. Violence is a key instrument used to keep these
shackles on.

In most countries family violence takes the form of battery, psychological abuse related to
battery and economic deprivation. In other countries, such as India, there are additional
forms of violence against women within the family (dowry related violence, female fem ale
feticide & infanticide) that result from specific cultural traditions. The dowry system is
deeply rooted in Hindu culture and is the customary practice of giving gifts in cash and kind
by the bride's family to that of the groom. This practice is called Kanyadaan in Indian
marriage. Kanyadana is an important part of Hindu marital rites. Despite its religious origins,
the dowry settlement has all the characteristics of a market transaction. Although the dowry
was legally prohibited in, it continues to be highly institutionalized. The extraction of dowry
from the bride's family starts prior to marriage. When the dowry amount is not considered
sufficient or is not forthcoming, the bride is often harassed, abused and made miserable.

Sexual Violence against Women:

Sexual exploitation of women takes many m any forms. The most perverted and degrading
form is rape. Sexual intercourse carried out against a person’s will by the use or threat of
physical force is sometimes referred to as forcible rape. Historically, a person could only be
charged with rape if force was used to subdue the victim. Most societies retain use of force
as part of their definition of rape or, at the least, of the most serious form of rape. However,
some societies have modified this traditional requirement. When a person rapes a person he
or she knows, it is called either acquaintance rape or date rape. The two people may be
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friends, former lovers, or presently dating. Studies indicate that a woman is more likely to be
raped by an acquaintance than by a stranger or a relative. An acquaintance may commit m
ay com m it forcible rape. However, the term acquaintance rape is usually applied when the
sexual intercourse is nonconsensual but does not involve the physical coercion typically
associated with forcible rape, such as assault or threats of violence. Of all women's fears, that
of being raped is the darkest. Worried parents make veiled allusions to the threat of rape by
cautioning their daughters, from early childhood on, never to talk to strange men.

Rape of a person’s spouse is called marital rape or spousal rape. Sexual intercourse with a
person who has not reached the age of consent is known as statutory rape. The age of consent
for sexual intercourse varies depending on state law, but is no higher than in any state. Under
most state laws, the younger the victim is, the greater the punishment.

Rape has been described “as not an act of sex but an act of violence with sex as the primary
weapon”, which may lead to a wide variety of physical and psychological reactions. A rapist
says, "Why do I want to rape women? Because I am basically, as a male, a predator and all
women look to men like prey. I fantasize about the expression on a woman's face when I
'capture' her and she realizes she cannot escape. It's like I won, I own her. Rape is also used
as a weapon of war. “Rape is not an accident of war, or an incidental adjunct to armed conflict.
Its widespread use in times of conflict reflects the unique terror it holds for women, the
unique power it gives the rapist over his victim, and the unique contempt it displays for its
22 Introduction victims. The use of rape in conflict reflects the inequalities women face in
their everyday lives in peacetime.

Rape happens to all ages, educational levels, religions, sexual orientations and physical
descriptions. Victims of rape range from a few months old to their 90s (Population
Reference Bureau, 2000). Religious beliefs and education have no influence on a woman’s
vulnerability. The elderly, mentally and physically disabled are often victimized because
they are seen helpless. Rape is an act of power, anger and dominance over another because
they are seen helpless. Rape is an act of power, anger and dominance over another. Sex is a
weapon used to gain control. Rape not only violates a woman’s integrity, but also her sense
of safety and control over her life, too. Rapists do not care about the victim’s well-being or

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her feelings. Even if the victim is sick or pregnant, the rapist does not think rationally during
the attack. He does not see the victim as a human being but just as an object to dominate.

Sexual Harassment is another form of sexual exploitation of women that occurs in the
workplace or in an educational setting under certain conditions. It is unwanted sexual
pressure that one person inflicts upon another. Such behavior is illegal if it creates an
environment that is (23 Introduction) hostile or intimidating, if it interferes with a person’s
work or school performance, or if acceptance of the harasser’s behavior is made a condition
of employment or academic achievement. Perceptions differ about what behaviors
constitute sexual harassment. However, typical examples of sexual harassment include
sexually oriented gestures, jokes, or remarks that are unwelcome; repeated and unwanted
sexual advances; touching or other unwelcome bodily contact; and physical intimidation.
Sexual harassment can occur when one person has power over another and uses it to coerce
the person to accept unwanted sexual attention. It can also occur among peers-for example,
if coworkers repeatedly tell sexual jokes, post pornographic photos, or make unwelcome
sexual innuendos to another coworker.

Commercial Sexual Exploitation: In some developing countries of the world, most girls are
made to prostitute under the guise of sex tourism. Sex tourism according to UNICEF
Document happens when rich men travel during the holidays from the advanced countries
of the world to places like Brazil, the Dominican Republic, and Thailand etc. to have sexual
dealings with children of between 13 and 15years. Around 2000, the CNN focused on sex
tourism in one Asian country where tourists traveled and got to hotels where young girls
served them nude just to satisfy the sexual urge of the rich tourists. This act is a violation of
the legal rights of children and it is a real violence against women.

According to Salami (2000), the Nepal Carpet Factories are common sites of sexual
exploration by employers as well as recruitment centers for Indian Brothels. More than 50%
of the workers in the factories of Indian Brothels according to Salami are children. According
to her, in Edo State of Nigeria, the business of sexual exploitation of girls is transacted with
parents’ approval in a bid to get rich quickly. The business according to Salami (2000)

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involves a syndicate both in Nigeria and North Africa who take girls to Italy to do commercial
sex work. These types of violence against women do a lot of physical and psychological
damage to the victims. They are exposed to series of health risks including respiratory
diseases, sexually transmitted infections, unwanted pregnancies and drug addiction.

Female Genital Cutting or Female Genital Mutilation

Female Genital cutting (FGC) is a traditional practice that involves cutting or altering the
female genitalia as a rite of passage or for other socio-cultural reasons (Mohammed, Ali and
Yinger; 1999). Female Genital Cutting according to Population Reference Bureau, (2000) is
practiced in 28 African countries and in about 20 middle Eastern and Asian nations.

Mugenzi (1998) commented that FGC is an act of controlling women sexually. World Health
Organization (WHO) (1999), claimed that more than 130 million girls worldwide have
undergone female genital cutting also known as female genital mutilation. According to Carr
(1997), Female genital mutilation (FGC) exists in sub-Saharan and Northeastern Africa
and Central African Republic. Specifically, nine countries were highlighted where FGC is
steeped in their tradition. These include Senegal, Mali, Burkina
Faso, Egypt, Sudan, Eritrea, Yemen and Uganda. The practice is seen as an impediment to a
girl’s sexual enjoyment. The practice varies from partial or total removal of external
genitalia to the narrowing of vaginal opening. According to shell and Henlud (2000),
traditional practitioners who have no medical training medically untrained perform most
female genital cutting. The victims are known to practitioners who have no medical
experience intense pains, bleeding, painful menstruation, infections or trauma.

The practice, according to doctors, can also be associated with the spread of HIV, the virus
that causes AIDS through cuts and abrasions in scar tissue, during intercourse and
childbirth. It is also associated with lack of orgasm or sexual gratification and depression
(Population Reference Bureau, 2001).

According to Brady (2001), many women who undergo female genital cutting have serious
health consequences which include shock, pain, infections, injury of the adjacent tissue and
organs, urinary retention and tetanus. Long-term effects may include cysts and abscesses,
urinary incontinence, psychological and sexual problems and difficulty during
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childbirth. Obstructed labor may occur if a woman is infibulated. These damage a girl’s
lifetime health.

Causes of Gender-Based Violence

The causes of gender-based violence are many and varied depending on the types of
violence. Traditional attitudes towards women around the world help perpetuate the
violence. Stereotypical roles in which women are subordinate to men constrain a woman’s
ability to exercise choices that would enable her end the abuse.

Njenga (1999) who was the chairman of the Psychiatric Association in Kenya discussed with
women in Kenya on reasons for the rise in gender-based violence. He opined that the causes
are quite diverse. One of the causes is the space people live in. The more crowded people
are, Njenga commented, the more domestic violence there is likely to be. Njenga (1999)
concluded that poverty, which also determines where and how a person lives, is one of the
contributing factors.

Financial insecurity is another cause of gender-based violence. Njenga (1999:6)


commented that if a man cannot establish his authority intellectually or economically, he
would tend to do so physically. Another cause is the image created by the society which
portrays a man to be viewed as being strong, educated, creative, and clever while a woman
is the opposite of all these traits. The way parents bring up their children, which create
disparity between boys and girls, also is a source of gender-based violence in later life. When
a boy grows up, knowing that he is not supposed to wash his own clothes, cook or help in the
house, if he grows up and gets married to a woman who comes from a home where duties
are equally shared between girls and boys, this can create tension that might lead to violence.

Bitangaro (1999:9) had summarized the causes of violence against women as being deeply
rooted in the way society is set up-cultural beliefs, power relations, economic power
imbalances, and the masculine idea of male dominance.

Saran (1999:19) gave another cause, which she regarded as a myth, she opined that a
woman’s dress and behavior can cause rape. This myth according to her places the blame
for rape on a woman and views men as unable to control themselves. She concluded that if

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a woman is known as a party animal or a tease and wears provocative clothing, she is asking
for attention, flattery, or just trying to fit in. She is not asking to be raped.

Effects of Gender Based Violence

The effects of Gender-based violence can be devastating and long lasting. They pose danger
to a woman’s reproductive health and can scar a survivor psychologically, cognitively and
interpersonally. A woman who experiences domestic violence and lives in an abusive
relationship with her partner may be forced to become pregnant or have an abortion against
her will, or her partner may knowingly expose her to a sexually transmitted infection.

Bitangaro (1999:9) reported what a child psychologist says that “violence absolutely impacts
on children…” A child who has undergone or witnessed violence may become withdrawn,
anxious or depressed on one hand; on the other hand, the child may become aggressive and
exert control over younger siblings.

Boys usually carry out the aggressive form of behavior and as adults, may beat-their
spouses. The effects of sexual abuse are the exploitation of power. Young people are
especially at risk and this can have lasting consequences for their sexual and productive
health. The costs can include unwanted pregnancies, sexually transmitted infections (STI),
physical injury and trauma. Bitangaro (1999) reported that in Uganda as in many parts of
the world, a lot of stigma is attached to a woman who has been raped. The effects of female
Genital cutting (FGC) are many. According to the report of women vision in Uganda (1998)
the surgeons, who performed the cutting are old women. These women according to the
report claim that they have ancestral powers. Female genital cutting can be seen as an
impediment to a girl’s sexual enjoyment. The girls according to the report of women vision
(1998) are known to experience intense pain, bleeding, painful abdominal menstruation,
infection or trauma.

The Population Reference Bureau (2000) reported the World Bank as saying that gender-
based violence is heavy a health burden for women of ages 15-is as that posed by HIV,
tuberculosis and infection during child birth, cancer and heart diseases. The fourth world
conference on women has adopted a platform for action, which declares that “violence

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against women is an obstacle to the achievement of the objective of equality, development


and peace” (Population Reference Bureau 2000:3).

GLOBAL SCENARIO OF GENDER BASED VIOLENCE:

Gender based violence that threatens the wellbeing, rights and dignity of women has only
recently emerged as a global issue extending across regional, social, cultural and economic
boundaries. According to state statistics, about 18% of women are being sexually abused in
the U.S. According to the UN Report on violence against women, the condition in other
developed countries such as Denmark, Germany, Spain, Switzerland, and the United
Kingdom etc. is no better. In the U.S., the Department of Justice reported that, every year; 3-
4 million women are battered by their husbands or partners. Even in Sweden, which ranks
high in the gender-related index, 66% of the 18650 reported cases of violence on women in
1996 were of domestic assault. Further 45% of 681 offences of homicide recorded in England
and Wales in 1996 involved women killed by their spouses or lovers. (Joshi 2002).

The data from developing countries like Antigua, Barbados, Columbia, Chile, Ecuador,
Guatemala, Sri Lanka and others reveals widespread prevalence of physical and sexual abuse
on women. In a study of 796 women from Japan carried out by Domestic Violence Group
(1993) 59% reported physical abuse, 66% emotional abuse and 60% reported sexual abuse.
Studies from African countries, Kenya, Uganda and Tanzania reveal that 42% women are
subjected to physical abuse at their homes. In China, a conclusive evidence of wife battering
has been reported among 57% women. (Joshi 2002)

The Universal Declaration of Human Rights and Convention on Elimination of all forms of
Discrimination against Women (CEDAW) do enforce certain special rights and privileges for
women. But it is amazing that only 44 countries have laws against domestic violence. Only
17 countries have made marital rape a criminal offence & only 27 countries have passed laws
on sexual harassment. (Amin 2002)

THE INDIAN SCENARIO OF GENDER BASED VIOLENCE:

The cherished womanhood, which has been extolled since long, had been eroded away with
the influx of foreign and modern culture. Over the years, worldly pursuits have occupied

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maximized proportions because of which the traditional culture is withering away. The
happiness and solace in the family have been snatched away by heart breaking acts like bride
burning, dowry deaths, torture, cruelty and so forth. Even the female embryo is subjected to
homicidal torture. The right of the female child is always staked to peril. For having born as
a female child itself is considered as a curse by some sections of the society. A look at the turn
of century census reveals that there were 972 females per 1000 males in 1901 whereas the
figure is 933 females per 1000 males in 2001. Still more significant is that in the 0 - 6 age
group there are only 927 girls per 1000 boys. In some Indian states like Punjab the ratio is
as low as 793 girls per 1000 boys. (Sharma 2001)

Placed on the wrong side of power and hierarchies, in their homes and work places, women,
often face the brunt of violence. Records of the police provide details of reported cases of
crime against women, but much of the violence goes unreported. In fact, women face violence
at the hands of their protectors. The recorded data during the 90's (Table 1) reveals that
crime against women in 1999 registered an increase of nearly 102% over the year 1989. In
absolute terms an increase of 68699 cases was reported during the decade. The available
data indicates an increasing trend during the last three years for cases registered under
Indian Penal Code and under special laws such as Immoral Traffic (Prevention) Act and
Indecent Representation of Women (Prevention) Act. Among the crimes against women,
torture recorded as high as 278% increase, while the incidence of rape increased by 69%
followed by molestation 24%. Sexual harassment recorded a consistent growth of 86%
during the period 1995 to 1999.

There has been a steep rise in rape cases from 9150 in 1989 to 15468 in 1999 but the more
disturbing feature of this finding is that 27% of the victims were minors (Table 2). The
figures, although sexual offences against children are one of the most under-reported crimes
in the country, speak for themselves. It has been argued that for every case reported against
children there are a hundred, which are not reported.

In 1997, the Supreme Court of India laid down five factors that qualify as sexual harassment.
These are physical contact or advances, a demand or request for sexual favors, sexually
colored remarks, showing pornography and other unwelcome physical, and verbal or non-

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verbal sexual conduct. Recently the Supreme Court has recorded its strong disapproval
against the practice of doctors in government hospitals, especially in rural areas, not to
examine rape victims unless the police forwarded the case to them. It has observed that this
attitude of the doctor’s delays examination of the victim resulting in the evidence being
either washed away or lost. (Satyasundaram 2002).

The phenomenon of violence against women within the family in India is complex and deeply
embedded. In India, marriage establishes a network of interacting individuals, and is rarely
only a highly personal relationship between a man and a woman. An important part of the
power relationship between spouses and indeed their families relates to dowry and its
ramifications (Sharma 2002a). According to National Crime Records Bureau report 1998
(Table 3), 2371cases of suicides were related to dowry disputes. A study of dowry victims in
Delhi reports that in a sample of 150 dowry victims, one fourth were murdered or driven to
commit suicide and more than half (61%) were thrown out of their husband's house after a
long-drawn period of harassment and torture. The study, reports Dowry related killings, to
follow two patterns, first, the young brides were either murdered or forced to commit suicide
(18.4%) when their parents refused to concede to continuing demands of dowry and second,
the murders were committed on the pretext of 'complex family relations' or extra-marital
relations (52.6%). (Nigam 2002).

A critical analysis reveals that the crime situation has worsened over the years but the large
number of cases that are registered may reflect that the hesitation regarding reporting these
crimes is perhaps breaking down. May be today more women are mustering up courage to
report cases of crime against themselves and seeking redressal. However, studies indicate
that the statistics conceal rather than reveal the extent of the problem. The All India crime
rate i.e. number of crimes per 100,000 population for crimes against women reported to the
police worked out to be 13.8 during 1999. The Crime in India Report 1999, itself
acknowledges that this rate of crime may be reviewed with caution, as a sizeable number of
crimes against women go unreported due to the social stigma attached and the lengthy court
procedures. According to a report out of every 100 rape cases in India, only 10 are reported
and out of every 100 reported cases only 5 offenders are convicted (Vasudev 2002).
According to another report, in 1999, every day in India, 42 women were raped, 18 cases of

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dowry deaths occurred every hour, 5 women faced cruelty at home and 4 molestation cases
were reported (Wiswanath 2002). According to yet another study, crimes against women
increased from 123 to 127 cases per million persons, during the period 1998 to 1999, while
total cognizable crime rate declined from 1837 to 1823 over the same period. (Philipose
2002)

Post-independence period in India, has witnessed a marked increase in women literacy


(Table 4), resulting into a vast number of women involved in the work place in all the vital
sectors of the country’s economy, whether out of choice or out of compulsion. However, they
mostly fall in the unorganized sector, where they are ill paid but need to cling on to the jobs
due to ever increasing unemployment. This need for survival drives women into what has
been referred to as 'rape situations'. Harassment at work place is real and pervasive. Jokes
with sexual undertones obscene behavior with sexual overtures, direct advances etc.
combine to make the atmosphere at work place discriminatory to women.

The phenomenon of violence against women arises from patriarchal notions of ownership
over women's bodies, sexuality, labor, reproductive rights, mobility and level of autonomy.
Deep-rooted ideas about male superiority enable men to freely exercise unlimited power
over women's lives and effectively legitimize it too. Violence is thus a tool that men use
constantly to control women because of highly internalized patriarchal conditioning coupled
with legitimacy for coercion to enforce compliance and increasing aspirations, frustrations
and 'might is right' becoming a legitimate view and increasing need for assertion of
individual egos and control. Within this context, several developments serve as a backdrop
to the discussion and analysis of increased violence against women. In the wake of
liberalization, new modes of living are being introduced. Consumerism, unreal aspirations
incited by the barrage of the advertising industry and 'get rich quick' schemes have been
increasingly influencing the thinking and behavior. An increasingly growing gap is being
witnessed between the aspirations and their fulfillment, which is reflected in an increased
violence in human interactions. (Sharma 2003, Sharma 2002 b, c and d)

The deluge of private companies into the electronic media has led to a spate of programs
based on sex and violence. In the contemporary scenario, almost all channels are running

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programs, which stress on bigamy or extramarital relationships. Advertisements use


women's bodies to sell anything ranging from cars to soap. A substantial population is being
influenced by underlying philosophy of instant self-gratification, trying to actualize their
sexual fantasies. Increasing contractualization and casualization of the female work force as
a part of liberalization policies has increased their vulnerability at the work place.

The status of girls in the labor market is different than the boys and they are considered to
be more productive in the household activities. The deep routed gender bias in the minds of
people also leads to more female child labor. Lately the trend of teenaged commercial sex
workers among girls has been reported to be on rise. According to a report, there are about
10 million commercially sexually exploited women in India, of which one fifth are under the
age of 18 years. (Patnam 2002)

Wife battering is the commonest form of abuse worldwide irrespective of class, religion and
community. Studies have correlated childhood abuse, alcoholism, unemployment and
poverty with the growth of this malaise. In India, there is a tendency to club marital violence
under the overall heads of dowry, dowry deaths and dowry violence. However, oppression
of wives for bringing inadequate dowry may only be another excuse for using violence
against them.

The problem of violence against women must be visualized in a wider context and cannot be
viewed in isolation from the status of women in the society. The practice among the Indian
women of ending their lives by setting themselves ablaze with the pyre of their deceased
husbands or being forced to do so, in the yesteryears - the "SATI PRATHA" though banned
now, reflects the extent of dependence of women on their men. However, legislation alone
cannot by itself solve deep-rooted social problems; one must approach them in other ways
too. Therefore, what is required is not only a strong legal support network but also
opportunities for economic independence, essential education and awareness, alternative
accommodation and a change in attitude and mindset of society, judiciary, legislature,
executive, men and the most important woman herself. Restructuring society in terms of
power and role relationship while emphasizing the egalitarian values is the need of the hour.

CONSTITUTIONAL AND LEGAL PROVISION FOR WOMEN

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The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only
grants equality to women, but also empowers the State to adopt measures of positive
discrimination in favor of women for neutralizing the cumulative socio economic, education
and political disadvantages faced by them. Within the framework of a democratic polity, our
laws, development policies, Plans and programmers have aimed at women’s advancement
in different spheres. India has also ratified various international conventions and human
rights instruments committing to secure equal rights of women. Key among them is the
ratification of the Convention on Elimination of All Forms of Discrimination Against Women
(CEDAW) in 19936.

Constitutional Provisions for women are as under:

 Article 14, confers on men and women equal rights and opportunities in political,
economic and social sphere.

 Article 15, prohibits, discrimination against any citizen on grounds of religion, race,
caste, sex etc.

 Article 16, provides for equality of opportunities matters relating to employment or


appointment to any office under the state.

 Article 39(a)(d), mentions policy security of state equality for both men and women
the right to a means of livelihood and equal pay for equal work for both men and
women.

 Article 42, Direct the State to make provision for ensuring just and humane
conditions of work and maternity relief.

Legal Provisions for women are as under:

 Factories Act 1948: Under this Act, a woman cannot be forced to work beyond 8 hours
and prohibits employment of women except between 6 A.M. and 7 P.M.

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 Maternity Benefit Act 1961: A Woman is entitled 12 weeks’ maternity leave with full
wages.

 The Dowry Prohibition Act, 1961: Under the provisions of this Act demand of dowry
either before marriage, during marriage and or after the marriage is an offence.

 The Equal Remuneration Act of 1976: This act provides equal wages for equal work: It
provides for the payment of equal wages to both men and women workers for the
same work or work of similar nature. It also prohibits discrimination against women
in the matter of recruitment.

 The Child Marriage Restrain Act of 1976: This act raises the age for marriage of a girl
to 18 years from 15 years and that of a boy to 21 years. Indian Penal Code: Section
354 and 509 safeguards the interests of women.

 The Medical Termination of Pregnancy Act of 1971: The Act safeguards women from
unnecessary and compulsory abortions. Amendments to Criminal Law 1983, which
provides for a punishment of 7 years in ordinary cases and 10 years for custodial rape
cases.

 73rd and 74th Constitutional Amendment Act: reserved 1/3rd seats in Panchayat
and Urban Local Bodies for women.

 The National Commission for Women Act, 1990: The Commission was set up in
January, 1992 to review the Constitutional and legal safeguards for women.

 The Protection of Human Rights Act, 1993

 Protection of Women from Domestic Violence Act, 2005:

 This Act protects women from any act/conduct/omission/commission that harms,


injures or potential to harm is to be considered as domestic violence. It protects the
women from physical, sexual, emotional, verbal, psychological, economic abuse.

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 Protection of Women against Sexual Harassment at Workplace Bill, 2010: on


November 4, 2010, the Government introduced protection of Women Against Sexual
Harassment at Workplace Bill, 2010, which aims at protecting the women at
workplace not only to women employee but also to female clients, customer, students,
research scholars in colleges and universities patients in hospitals. The Bill was passed
in Lok Sabha on 3.9.2012.

INTERNATIONAL INITIATIVES TO CURB GENDER VIOLENCE:

The advancement of women has been a focus of the work of United Nations since its creation.
The Preamble of UN Charter sets as a basic goal to reaffirm faith in fundamental human
rights, in the dignity and worth of the human person, in the equal rights of men and women.
In 1946 the Commission on the Status of Women was established to deal with women’s
issues. The Universal Declaration of Human Rights had affirmed the principle of
inadmissibility of discrimination and proclaimed that all human beings are born free and
equal in dignity and rights and rights and everyone is entitled to all rights and freedoms set
forth therein, without distinction of any kind, including distinction based on sex. However,
there continued to exist considerable discrimination against women primarily because
women and girls face a multitude of constraints imposed by society, not by law. It violated
the principle of equality of rights and respect for human rights. The General Assembly on
November 7, 1967 adopted a Declaration on the Elimination of Discrimination Against
Women, and to implement the principles set forth in the Declaration, a Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted. This
Convention is often described as an International Bill of Rights for Women. It has laid down
a comprehensive set of rights to which all persons, including women are entitled, additional
means for protecting the human rights of women. In addition to the above Convention, three
Conferences were held during the U.N. sponsored International Women’s Decade (1976-
1985) in Mexico City (1975), Copenhagen (1980) and Nairobi (1985). The fourth conference
was held at Beijing in 1995, have greatly enhanced international awareness of the concerns
of women. Beijing Conference stated that „Women’s rights are human rights‟ and it called
for integration of Women’s human rights in the work of different human rights bodies of
United Nations. It considered the issue of violence against women in public and private life
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as human rights issues. The Conference called for the eradication of any conflict which may
arise between the rights of women and harmful effects. The UN General Assembly in 2000
convened a Special session on „Women: Gender Equality, Development and Peace for 21st
Century‟ to assess the progress on women’s issues. In February 2005, the Commission on
the Status of Women at its 49th Session viewed the progress made on Women’s Human
Rights Agreement, known as 15 Beijing Platform for Action. The Conference focused on many
areas including poverty, environment, economy, education, human rights, power and
decision making and girl child. In 2005, twenty third Special Session of the General Assembly
was reiterated as World Summit Outcome. The Summit resolved to promote gender equality
and eliminate persuasive gender discrimination. U.N. Commission on the Status of Women
met on March 14, 2011 in the Economic and Social Council Chamber to discuss the present
scenario of gender violence in the world25.

NATIONAL INITIATIVES TO CURB THE GENDER VIOLENCE:

(i) National Commission for Women: In January 1992, the Government set-up this statutory
body with a specific mandate to study and monitor all matters relating to the constitutional
and legal safeguards provided for women, review the existing legislation to suggest
amendments wherever necessary, etc.

(ii) Reservation for Women in Local Self –Government: The 73rd Constitutional Amendment
Acts passed in 1992 by Parliament ensure one third of the total seats for women in all elected
offices in local bodies whether in rural areas or urban areas.

(iii) The National Plan of Action for the Girl Child (1991-2000): The plan of Action is to ensure
survival, protection and development of the girl child with the ultimate objective of building
up a better future for the girl child.

(iv) National Policy for the Empowerment of Women, 2001: The Department of Women &
Child Development in the Ministry of Human Resource Development has prepared a
“National Policy for the Empowerment of Women” in the year 2001. The goal of this policy
is to bring about the advancement, development and empowerment of women26.

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(v) National Mission for empowerment of Women, 2010: The launch of the National Mission
for Empowerment of Women in March 2010 is an important development that will provide
the much-required fillip to a coordinated assessment of current government interventions
and aligning future programmers to translate the MPEW prescription into reality. The
Mission was operationalized during 2011-12.

VERMA COMMITTEE REPORT:

A three-member Commission, headed by former Chief Justice of India, Justice J.S. Verma
which was assigned to review laws for sexual crimes submitted its report to the Government
during January 2013. The Commission has recommended comprehensive changes in
criminal laws to deal with crimes and atrocities against women which are as under:
Punishment for Rape: The panel has not recommended the death penalty for rapists. It
suggests that the punishment for rape should be rigorous imprisonment or RI for seven years
to life. It recommends that punishment for causing death or a "persistent vegetative state"
should be RI for a term not be less than 20 years, but may be for life also, which shall mean
the rest of the person's life. Gang-rape, it suggests should entail punishment of not less than
20 years, which may also extend to life and gang-rape followed by death, should be punished
with life imprisonment. Punishment for other sexual offences: The panel recognized the need
to curb all forms of sexual offences and recommended - Voyeurism be punished with up to
seven years in jail; stalking or attempts to contact a person repeatedly through any means
by up to three years. Acid attacks would be punished by up to seven years if imprisonment;
trafficking will be punished with RI for seven to ten years. Registering complaints and
medical examination: Every complaint of rape must be registered by the police and civil
society should perform its duty to report any case of rape coming to its knowledge. "Any
officer, who fails to register a case of rape reported to him, or attempts to abort its
investigation, commits an offence which shall be punishable as prescribed," the report says.
The protocols for medical examination of victims of sexual assault have also been suggested.
The panel said, "Such protocol based, professional medical examination is imperative for
uniform practice and implementation." Marriages to be registered: As a primary
recommendation, all marriages in India (irrespective of the personal laws under which such
marriages are solemnized) should mandatorily be registered in the presence of a magistrate.

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The magistrate will ensure that the marriage has been solemnized without any demand for
dowry having been made and that it has taken place with the full and free consent of both
partners. Amendments to the Code of Criminal Procedure: The panel observed, "The way the
rights of women can be recognized can only be manifested when they have full access to
justice and when the rule of law can be upheld in their favor." The proposed Criminal Law
Amendment Act, 2012, should be modified, suggests the panel. "Since the possibility of
sexual assault on men, as well as homosexual, transgender and transsexual rape, is a reality
the provisions must be cognizant of the same," it says. A special procedure for protecting
persons with disabilities from rape, and requisite procedures for access to justice for such
persons, the panel said was an "urgent need." 17 Bill of Rights for women: A separate Bill of
Rights for women that entitles a woman a life of dignity and security and will ensure that a
woman shall have the right to have complete sexual autonomy including with respect to her
relationships. Review of the Armed Forces Special Powers Act: The panel has observed that
the "impunity of systematic sexual violence is being legitimized by the armed forces special
powers act." It has said there is an imminent need to review the continuance of AFSPA
(Armed Forces Special Power Act) in areas as soon as possible. It has also recommended
posting special commissioners for women's safety in conflict areas. Police reforms: To
inspire public confidence, the panel said, "police officers with reputations of outstanding
ability and character must be placed at the higher levels of the police force." All existing
appointments need to be reviewed to ensure that the police force has the requisite moral
vision. The panel strongly recommended that "law enforcement agencies do not become
tools at the hands of political masters." It said, "Every member of the police force must
understand their accountability is only to the law and to none else in the discharge of their
duty." Role of the judiciary: The judiciary has the primary responsibility of enforcing
fundamental rights, through constitutional remedies. The judiciary can take suo-motu
cognizance of such issues being deeply concerned with them both in the Supreme Court and
the High Court. An all India strategy to deal with this issue would be advisable. The Chief
Justice of India could be approached to commence appropriate proceedings on the judicial
side. The Chief Justice may consider making appropriate orders relating to the issue of
missing children to curb the illegal trade of their trafficking etc. Political Reforms: The Justice

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Verma committee observed that reforms are needed to deal with criminalization of politics.
The panel has suggested that, in the event cognizance has been taken by a magistrate of a
criminal offence, the candidate ought to be disqualified from participating in the electoral
process. Any candidate who fails to disclose a charge should be disqualified subsequently. It
suggested lawmakers facing criminal charges, who have already been elected to Parliament
and state legislatures, should voluntarily vacate their seats

Only legislation and law enforcement agencies cannot prevent the incident of crime against
women. There is need of social awakening and change in the attitude of masses, so that due
respect and equal status is given to women. It’s a time when the women need to be given her
due. This awakening can be brought by education campaign among youth making them
aware of existing social evils and the means to eradicate same. Mass media can play an active
role here as in the present days it has reached every corner of the nation. Various NGOs can
hold a responsible position here by assigning them with the task of highlighting socio-
economic causes leading to such crimes and by disseminating information about their
catastrophic effect on the womanhood and the society at large.

ADDRESSING VIOLENCE AGAINST WOMEN:

Addressing violence against women and girls is a critical global challenge. The worldwide
rates of violence alone demonstrate that there is yet no perfect or easily-realized solution.
However, globally and regionally, research is currently emerging that synthesizes rigorous
evidence of the effectiveness of different approaches to addressing violence against women
and girls (ODE, 2008; SVRI, 2014; WHO and LSHTM, 2010). This research highlights several
consistent features of successful and promising approaches:

Commitment, collaboration and capacity is needed for appropriate, sustainable


change:

Appropriate, sustainable solutions to the problem of violence against women and girls
require detailed knowledge of the prevalence and the characteristics of the violence in the
context in which the problem is experienced. Working in partnership with local
communities, women and organizations that possess intimate knowledge of, and innovative

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ideas about, how to address violence is a fundamental necessity. Collaborative, multi-


sectoral partnerships that build upon collective commitment are most likely to succeed.
Local capacity building of civil society organizations and government institutions is essential
in the Indo-Pacific context. Commitment to addressing the problem must be supported with
long-term, significant financial, human and technical resources (ODE, 2008; SVRI, 2014;
WHO and LSHTM, 2010).

Preventing violence against women and girls can – and should be – addressed through
different types of strategies:

Preventing violence against women and girls requires addressing of causes and risk factors,
which are complex and multiple, dependent on context, and can shift with broader societal
changes (SVRI, 2014). The complexity of causes and multiple manifestations of violence
against women and girls suggest in themselves that multiple strategies are needed to
successfully address this problem; that is, there is not a ‘one-size-fits-all’ preventive solution.
This is supported by the emergent body of synthesizing evidence. Recent comprehensive
global reviews show that there is significant evidence to recommend the following types of
prevention interventions as effective or promising:

• Group- or community-based relationship-level interventions working with women and


men

• Women’s economic empowerment initiatives - but only when coupled with approaches to
transform discriminatory and restrictive gender norms

• Community initiatives to raise awareness of and change attitudes about women’s rights

• Men and boys’ group education (alongside women and girls and community mobilization)

• Shelters for women escaping violence and protection orders

• Paralegal programs and community-based legal interventions (SVRI, 2014; WHO and
LSHTM, 2010)103 An appropriate policy response including targeted legislation,
appropriate resource, and effective implementation, has been shown to help enable
wholesale norm change by promoting non-tolerance of violence against women and girls

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(ODE, 2008; WHO and LSHTM, 2010). Other strategies – such as intensive community-level
work and awareness-raising campaigns – are also key in promoting changing attitudes and
norms (ODE, 2008; SRVI, 2014; VicHealth, 2011; WHO and LSHTM, 2010; WHO et al., 2013)

Survivors of violence need significant levels of support:

Addressing violence against women also means attending to the pandemic currently
affecting women; that is, responding to the immediate needs of survivors of violence. Most
survivors do not get adequate support in their efforts to overcome the consequences of
violence. Dedicated psycho-social, health and legal services tend to be few and far between.
Social norms often “blame the victim”, that is, they hold survivors responsible for their
ordeal. Thus, many survivors find themselves socially marginalized and debilitated by
crippling health conditions. The Pacific Women Shaping Pacific Development program has
recognized the minimal support that survivors receive in the Pacific context (Pacific Women
Shaping Pacific Development). The justice system must also be accessible, responsive and
effective for survivors of violence.

Integrated, coordinated approach to addressing violence against women and girls


may be the most effective tool available:

Global good practice violence against women and girl’s initiatives ascribe to models that
work at different levels, from the individual, to intimate relationships, to local communities,
to a policy and legislative change. Increasingly there is evidence to suggest that the most
effective interventions use a combination of strategies in a multi-sectoral fashion, working
at different levels from the individual to the societal (ODE, 2008; SRVI 2014; VicHealth, 2011;
WHO & LSHTM, 2010; WHO et al., 2013).

CONCLUSION:

Violence against women can be domestic as well as public, Physical, emotional or mental.
Women have fear of violence in their mind which causes the lack of participation in various
areas of life. Fear of violence in the women mind has been so deep which cannot be out easily
even after complete removal of violence against women in the society.

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Violence against women and girls is rooted in gender-based discrimination and social norms
and gender stereotypes that perpetuate such violence. Given the devastating effect violence
has on women, efforts have mainly focused on responses and services for survivors.
However, the best way to end violence against women and girls is to prevent it from
happening in the first place by addressing its root and structural causes.

Violence against women in the country is getting more frequent and alarmingly with huge
sound. It is creating pressure and heavy responsibility over the shoulders of every citizens.
However, there is urgent need for women to be empowered and responsible to themselves
to understand all the rights and take benefits.

Prevention should start early in life, by educating and working with young boys and girls
promoting respectful relationships and gender equality. Working with youth is a “best bet”
for faster, sustained progress on preventing and eradicating gender-based violence. While
public policies and interventions often overlook this stage of life, it is a critical time when
values and norms around gender equality are forged.

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CHAPTER II

REVIEW OF LITERATURE

Introduction:

A literature review is a text of a scholarly paper, which includes the current knowledge
including substantive findings, as well as theoretical and methodological contributions to a
particular topic. Literature reviews are secondary sources, and do not report new or original
experimental work. Most often associated with academic-oriented literature, such reviews
are found in academic journals, and are not to be confused with book reviews that may also
appear in the same publication. Literature reviews are a basis for research in nearly every
academic field. A narrow-scope literature review may be included as part of a peer-
reviewed journal article presenting new research, serving to situate the current study within
the body of the relevant literature and to provide context for the reader. In such a case, the
review usually precedes the methodology and results sections of the work.

Producing a literature review may also be part of graduate and post-graduate student work,
including in the preparation of a thesis, dissertation, or a journal article. Literature reviews
are also common in a research proposal or prospectus (the document that is approved
before a student formally begins a dissertation or thesis). 1

The given chapter is based on the review of literature. During this work, many of the
literature reviewed. Some of the prominent reviews have been presented in the given
chapter.

1. RITU DHANOA (2008) In her paper “Violation of women human rights in India”
pointed out that although equal rights have been ensured to both man and women by
the constitution of India but there is a huge gap between the law and its practice. The
women in India always have been considered inferior to men. Although half of the

1
https://en.wikipedia.org/wiki/Literature_review accesses on 22_02_2017

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population is constituted by the women still she is discriminated and face violation in
every sphere of life. They are the victim of various crimes such as rape, dowry, bride
burning, sexual harassment, prostitution and trafficking.
Government is taking several steps to develop the condition of women in India and
claiming women in India are enjoying the equal status with man but the women in
India have been suffering from the Past and face various form of injustice and
discrimination even today.
Discrimination becomes a part and partial of a women’s life. She faces different forms
of discrimination in various stages of life. The episode of discrimination starts as soon
as she entered to the mother’s womb in the form of sex – determination tests leading
to feticide and female infanticide. In some situation, she is being killed by her own
people with whom she should feel secure and safe if she comes to the world. This
demonstrates the denial of right to life of women. More over Child marriage, Dowry
harassment and bride burning, Rape, Domestic violence etc. are the form of violence
she faced in her life.
Their rights to education, political right, right to property, right to protection of
health, right to get equal wages for equal work, right to live with dignity are violated
at different stages of her life. Today girl child was not able to complete their higher
education. Almost around 60 million girls are deprived from accessing the benefit of
primary education in India. Despite various initiatives representation of women
could not have been reach to 10% in Lok Sabha. Still the male dominated society has
not accepted women in politics fully. As far as property is concern, woman do not own
property in her name neither get share of her paternal property which deprived them
to access the benefit of ancestral property. From various studies, it is confirming that
nutritional intake of a girl is low then the intake of a boy in the family which leads to
severe breakdown of health condition of the girl. Numerous studies indicate that
women are paid less as compare to man for the same job. In agriculture, the average
wage of women on an average is 30 – 50 % less than that of men. Eve teasing violates
a woman’s body, space and self – respect and more common in present days. In
today’s world, no place is generally safe for a woman. Roads, buses, train, cinema halls,

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parks, beaches, even a woman’s house and neighborhood may be sites where her self –
worth is abused. All this indicates that how women face discrimination in everyday
life.
The overall scenario raise a question in front of us that how these special rights
provided by the constitution of India helping the women to enjoy the full status and
enjoy her human rights?

2. Unicef (2000) in its working paper titled “DOMESTIC VIOLENCE AGAINST WOMEN
AND GIRLS” discussed the global burden of domestic violence and its implication over
the women and highlight how the women face various forms of discrimination in her
life. Violence against women is considered as a global epidemic by which the victim
women face physical, psychological and sexual abuse and even torture and death. Due
to this violation women are deprived from equality, security, dignity, self-worth, and
their right to enjoy fundamental freedoms.
Every country some or the other form of violence is prevailing across the globe.
Violence prevails across the culture, class, education, income, ethnicity and age.
However, the vulnerability is varying groups to groups. Women belong to minority
groups, indigenous and migrant women, refugee women and women in conflict zone
are more vulnerable than the others. It is shocking that out of all form of violence
between 20 – 50 percentage of women experiencing violence are from the close
relationship, either from the partner or from the family members.
However, the magnitude of the domestic violence is not visible as most of the cases
are unreported and unrecorded as most of the women are reluctant to report the
incidence of violence. The very first reason is insensitiveness of the healthcare
professional and police professionals in responding such cases and the second reason
is the fear, and unawareness associated with the legal systems.
Various factors Perpetuate Domestic Violence within the different society which can
be grouped in to four different categories i.e. cultural, Economic, legal, political and
these factors are interconnected and institutionalized. More over Lack of legal

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protection, particularly within the vicinity of the home, is a strong factor in


perpetuating violence against women.
The most significant consequences of domestic violence of women are deprivation
from fundamental human rights to women and girls. It also leads to health
consequences both non-fatal and fatal out comes. The non-fatal consequences include
various kinds of injuries whereas the fatal outcomes include suicide, homicide,
maternal mortality and even HIV/AIDS.

3. Radhika Coomaraswamy (2000) In the United Nations Special Rapporteur on


Violence against Women* titled “Combating domestic violence: obligations of the
state” emphasis on the role and duty of the state to act against violence. State has dual
roles to play as far as violence is concern. It cannot commit any human rights
violations also it must prevent and respond to any kind of human rights violations. In
previous days, the roles of the states in the context of violation was viewed very
narrowly but in the present context the roles of the state consider very widely. The
stats have obligation of preventive and punitive measures wherever the rights
violation takes place by the private actors.
In 1992, general Recommendation 19 was adopted by the committee on the
Elimination of Discrimination Against Women (CEDAW) which emphasizes that if the
state is fails to act in term of preventing violation of rights or in investigate and punish
act of violence then state may also be consider responsible for the same.
The United Nations Declaration on the Elimination of Violence against Women also
directs the states to come up with the policy of eliminating violence against women
without delay. Which include modifying or abolishing existing laws, customs and
practices which discriminate the women from her rights.
One school of thought even argues that domestic violence is a form of torture and the
punishment should be ensuring under the International Covenant on Civil and
Political Rights, and the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.

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In response to the state role in combating the violence many states have come up with
rules and regulation to protect the women from the violence and punish the abuser
immediately. However, the challenge still exists in front of the law reformer to
criminalize the wife battery. The main dilemma is whether to treat the wife battery
as a crime or there should be an emphasis on counselling and mediation.
To combat the challenges through the legal action there is an urgent need of
collaborative approach between the governments and civil society organization. The
approach should be integrated and multidisciplinary. Professionals from various
fields like lawyers, psychologists, social workers, doctors and others should work
together to gain understanding related to cases of domestic violence. Further there is
a need to consider the real-life context of the battered woman, her hopelessness,
dependency, restricted options, and her consequent need for empowerment while
dealing with the case. The overall goal should be considering as to develop her
capabilities to make her own decision for her future.

4. Mary Ellsberg and Lori Heise (2003) in “Researching Violence against Women A
practical guide for researchers and activists” focus on the shift of international
attention towards the violence against women. If we consider almost 20 years back
and try to understand the scenario, then at that point of time violence against women
was not considered an issue worthy of international attention or concern. The
violence against women has immense health impact and she must compromise her
physical and mental health, and develops low self-esteem. It also develops the long-
term risk including physical disability, drug and alcohol abuse, and depression.
Despite the such impact, societies across the globe was not concerned for the issues.
Due to this attitude of the society domestic violence victim suffered a lot in complete
silence. The issues were brought up in to lime light by various women’s group at the
local, national and international platform by series of advocacy initiatives. Finally, the
violence against women was considered as a legitimate human rights issue.
Because of the women’s initiatives today international institutions are speaking out
against the gender bases violence policy makers and service providers recognizing

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the severe consequences of violence on women’s health. More over the focus of
research is shifted towards collecting more information about the prevalence and
nature of abuse.
Although both men and women can be victims as well as perpetrators of violence but
woman are at high risk to face and bear the consequences of violence. They are at the
high risk of being sexually assaulted either in childhood, adolescence, or as adults. If
we consider the life cycle of the women, then women are vulnerable to ranges of
violence at the different moment of her life. At the pre-birth stage, she is the victim of
sex selective abortion whereas at the infancy stage she is the victim of female
infanticide Neglect (health care, nutrition). When she reaches to the child hood stage
she became the victim of Child abuse, Malnutrition and FGM. At the adolescent stage,
there is danger of Forced prostitution, Trafficking, Forced early marriage,
Psychological abuse, Rape. At the reproductive stage, she faces the danger of honor
killing, dowry killing, intimate partner violence, sexual assault by non-partner
homicide/femicide, Sex trafficking, sexual harassment.
In present context although there is a growing concern towards the domestic violence
but still there is lack of universally agreed-upon terminology for addressing the
violence against women. Many of the terminology used in the preview of domestic
violence have different meaning in different region. For example, in most of the parts
of the globe the term “domestic violence” use to define the abuse of women by current
or former male intimate partners. However, in in Latin America domestic violence”
refers to any violence that takes place in the home, including violence against children
and the elderly.
The lack of universal agreed-upon terminology for addressing the violence against
women pause various challenges and threats to the researcher working on gender
based violence. The biggest challenges for them is to learn from past mistakes, to
identify “best practices,” and to find out what makes them successful so that the
resources and efforts can be channelize so that difference can be made in the field.

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5. Satvinder Kaur (2014) in her article titled An Analysis of Lacking Security and
Increasing Rape Crime in India analyzed the rape incidences and various factors
related to rape from 2001 to 2010 in India and highlights how the young women have
more danger of rape and discussed the strategies to overcome such problems.
Despite dominate majority of the women population in the world her condition is
pathetic in society which is an indicator of the low value set by the society towards
women’s lives. women are not all safe in today's world. A large range of sex related
crimes happening in the society among which rape is the most horrible and gravest
form of human rights violation and a major social problem in many societies of the
world. The incidence of rape not only causes physical injuries to the women but also
more indelibly leaves a scar on the most cherished possession of women, i.e., her
dignity, honor, reputation and not the least her chastity.
As far as sexual offence is concern the condition of Indian women is very much
shocking. They are the victims of circumstances which is due to the persistence of
gender discrimination in the culture of the Indian society. In India, sex crimes against
women and girls are mainly noticeable in the form of rape, molestation, sexual
harassment, eve teasing and trafficking of girls for sexual exploitation from which
rape is the most offensive one caused to frighten and morbid women. There were 369
rape victims of incest rape are reported in 2001 which sharply rose to 396 in 2012 in
India. Although incest cases are quite high in the country but Very few cases of incest
have been reported to the courts due to the social dishonor associated with it and
even in reported cases courts have not taken a progressive view of the problem.
The childhood is also not safe from such crimes. A study by Ministry of Women and
Child Development in 2007 revealed that out of 12,447 children across 13 States in
India, 20.9 per cent of the children surveyed had suffered severe forms of sexual
abuse. The results depict that the incidence of rape committed on children increase
sharply from 2113 in 2001 to 8541 in 2012. As far as the age factor is concerned the
most endurable and gravest class of rape victims belongs to the age groups of 19- 30
years Despite existence of several special legislations for providing protection to

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women, rape cases continue tend to increase in India. The actual number of rape is
far from being recorded, since the unreported number is extremely high.
To overcome these problems there is now a need to pay special attention by our
policy makers, family system, community and women themselves if they really want
to see themselves genuinely independent, stronger and safe. A sophisticated
environment, non-discriminatory treatment and strong social support is needed in
the home, society, work places and colleges for the rape victims Infrastructure
development like proper sewerage and toilet facility, water supply etc. in the rural
areas must be given top priority. To eradicate such crimes committed on women in
the society, men’s efforts and involvement is a necessity ingredient in the current
scenario. Each man independently or jointly must stand against men’s violence and
challenge other men to end this horrifying cruelty against women.

6. Mubika Augustine Kudakwashe, Bukaliya Richard (2015) in their publication


Causes of Armed Conflicts and Their Effects on Women analyzed forty cases that
dwelt on armed conflicts over the world to establish the effects of armed conflicts on
women.
Over the world number of wars have been fought and the main victims of such armed
conflicts have been the female human being. The incidence of the armed conflicts over
the world is well publicized but the effects of such conflicts have not been
disseminated enough to highlight the issues that has left women and girls suffering in
one way or another.
The causes of armed conflict are often linked with attempts to control economic
resources such as oil, metals, diamonds, drugs or contested territorial boundaries. At
the international level, inequality in the distribution of power and resources has
become more pronounced. Coupled with structural inequalities between and within
nation-states, this disparity has led to more regional conflict, as well as an escalation
of international armed conflicts. However, the impact of conflict at all level impacted
women very worst. The most prevailing effects of the armed: conflicts were

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traumatization and stigmatization of the raped women; displacement of women and


women being thrown into widowhood.
As per a study 43 out of every 100 women have been victims of different forms of
violence in the internal arm conflict zones. The impact of the war conflicts is
displacement, widowed, Sexual abuse, other abuses and Socio-economic effects.
The forms of violence used - rape, mass rape, sexual slavery, enforced prostitution,
forced sterilization and the forced termination of pregnancies. The raping of women
is a means for the aggressor to symbolically and physically humiliate the defeated
men.
In some contexts, the actors of the conflict use sexual violence as a punishment and a
general warning to the female population within the community under control
(Amnesty International, 2004). The fact, that generally, women do not go off to fight
and largely remain unarmed and unprotected at a time when traditional forms of
moral, community and institutional safeguard have disintegrated, and weapons have
proliferated, leads to women being particularly vulnerable during wartime.
Collection of firewood or water often puts young girls and women at risk of dangers,
which include kidnapping, sexual abuse and exposure to landmines. Social attitudes
also affect the vulnerability of women and girls. For example, families have often
wrongly assumed that an elderly woman or a woman with children will be safe from
harm and have left them to safeguard property while the rest of the family flees.
Even if women are not directly wounded during armed conflicts, the devastation
suffered by their families and the threat of violence can contribute to women's
isolation. Widowhood, flight to cities and remaining inside the home to avoid
violence, all serve to break down social institutions and isolate women. Furthermore,
the widowed women have no rights in claim land ownership after the death of the
husband.
The International Organization for Migration (lOM) estimates that, in 2001, between
700,000 and 2 million women and - children were trafficked across international
borders. There is increasing evidence that a significant amount of this activity is
associated with armed conflict.

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7. V. K. Madan, R. K. Sinha (2013) in the paper THE DYNAMICS OF RAPE IN MODERN


INDIAN SOCIETY discussed how the crime has flourished in the recent years and
became the national problems. This paper addresses dynamics of rape regarding
India.
Rape has been happening since the ancient times across cultures. It has too often been
ignored and mischaracterized. Rape is a complex phenomenon with many
dimensions. It is one of the most controversial issues, and is a challenge to the
contemporary thinking. Most probably rape is the most unreported crime across the
culture. The crime of rape has been tremendously increasing despite of strong
legislation to punish the culprit, practice and procedure in the investigation, high
profile coverage in the media, and support available to the victims. However only a
small number of perpetrators are brought to justice, and victims are routinely blamed
for the crime. Dealing with rape is much more complex than dealing with most other
crimes.
In modern India women occupy position of leadership in most fields. Even in ancient
India women enjoyed status equal to men or even better. The divine personification
of feminine power was and is known as Shakti. In India, there are many temples
dedicated to Shakti like Mata Vaishno Devi Mandir where number of annual pilgrims
are over ten million. However, rape as a national problem exists. The reasons for rape
include sexual pleasure, socioeconomic, power, sadism, anger, and evolutionary.
The perception and understanding of rape varies widely. Liberal perception views
rape as an assault like other assaults while the radical perception takes into
consideration dominant role because of manhood.
The impact of rape on victims can be severe. A victim may get severely traumatized,
suffer from various stress disorders, and face social stigma.
To address the crime of rape The Indian Penal Code (IPC) is exist in the country. It
describes an exhaustive list of all cases of crime and punishment. The first IPC
document was prepared in 1860 with 511 sections, and came into force in 1862. Many
amendments have since been made the IPC looking at the situation and severity. After

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the December 2012 Delhi gang rape case, the Government of India constituted a
judicial committee headed by Justice J.S. Verma to suggest amendments in criminal
laws and punishment to deal firmly in sexual assault cases, and based on the
recommendations of the committee a Criminal Law (Amendment) Act 2013 was
passed. The word rape has been replaced with sexual assault and it includes assault
without penetration, and penetration to any extent other than penile penetration is
also an offence. New offences have been added like acid attack, sexual harassment,
voyeurism, stalking with related punishments.
It may be stressed that laws are necessary but not sufficient to contain rape incidents.
It is desirable that the rape challenge should be addressed with a fresh look from
multidisciplinary perspective besides law and enforcement. The fusion of data,
analyses, and ideas including from sociological, cultural, psychological, and religious
aspects, and encouraging merging of tools from disciplines, should provide an
insightful and sound approach to find solution to the intractable social problem.

8. Berkeley Haas School of Business and Berkeley Haas School of Law (2015) in its
report entitled Access to Justice for Women India’s response to sexual violence in
conflict and social upheaval analyze the efforts of women victims of sexual violence
and their allies to access justice in these contexts and to identify emblematic ways the
Indian legal system succeeded or failed to provide effective redress.
Women in India experiences continuum of violence . . . from the ‘womb to the tomb.
According to Indian government data, a woman is raped in the country approximately
every twenty minutes. Women and girls are especially vulnerable to sexual violence
during armed conflict and mass violence. Indeed, gender based crime is a common
feature of the armed conflict and mass violence that has marred India since
independence.
In this study four case studies were considered. Two of the case studies are drawn
from contexts of conflict, in the states of Punjab, and Jammu & Kashmir (J&K); two of
the case studies are drawn from seminal incidences of mass violence in the states of
Gujarat in 2002 and Odisha in 2008. Sexual violence in these areas occurs in the

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context of the interplay of multiple dynamics related to gender, caste, social class,
political power, land, and religion. Despite the complexities presented by these
differences, analysis reveals commonalities among the cases in the ways that the
Indian justice system failed to prevent, investigate, prosecute, and punish
perpetrators of sexual violence or to provide effective redress to female victims. To
understand the India’s response to acts of sexual violence, nine dimensions of the
Indian legal system: criminalization, prevention, contextual analysis, reporting,
registration of complaints and arrests, collection of evidence, timeliness, legal
immunity, and redress has been discussed. Due to the narrow definition of the rape
as penile-vaginal penetration defined by lack of consent many of acts of sexual
violence like Non-vaginal penetration or penetration with an object or finger
mentioned in the report did not constitute a crime. As far as prevention is concern
Despite warnings of impending attacks in Gujarat and Odisha, public officials and
police did not act to protect minority communities. Instead, state actors participated
in or tolerated the acts of violence. A failure to analyze context, including systematic
patterns surrounding a specific violation of human rights, can render any measure of
prevention or redress ineffective. One common weakness of the criminal
investigations and prosecutions described by this Report is the inattention to context.
At every stage of the investigation, the case records suggest that Indian authorities
disregarded the socioeconomic, political, cultural, and religious context in which the
perpetrators committed the acts of violence. Incidents of sexualized violence in India
are grossly underreported. Indeed, sexual violence is one of the most under-reported
crimes in India due to insensitiveness of the duty bearer and authorities’ participation
in or complicity with incidents of sexual violence. Investigating authorities refused to
file FIRs or inadequately or incorrectly recorded information provided by witnesses
and victims. The failure to register FIRs or adequately register information of sexual
violence had serious implications for the criminal investigations and prosecutions.
The record indicates that authorities investigating the examples discussed in this
Report failed to adequately preserve the crime scene, collect physical evidence, or

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interview witnesses. Authorities failed to gather forensic evidence, conducted exams


in an untimely manner, or disregarded results.
The investigation, prosecution, and punishment of perpetrators of the acts of sexual
violence documented in this Report were affected by serious and unjustified delays.
The common weaknesses of the national legal system should be considering seriously
and address for the prevention of factors that obstruct full realization of women’s
rights.

9. Nargis Yeasmeen(2015) in her article Acid Attack in the Back Drop of India and
Criminal Amendment Act, 2013 discussed the reasons behind this heinous crime
and its consequences. She also tried to compare the laws of acid attack in different
countries in the back drop of India.
Violence against women 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. Acid attack, more formally known as vitriol age, is an act
of intimate terrorism that involves the premeditated throwing of sulfuric, nitric, or
hydrochloric acid onto another with the main intention of disfigurement4. These
acids are mainly used as they are cheaply and readily available. This sadistic, cruel
and heinous crime is on rise now-a-days and innocent girls/women are becoming
victims of acid attack. Acid attack violence occurs in many countries, but is mainly
prevalent in India, Bangladesh, Cambodia and Pakistan. The reported cases of acid
attack are committed on women, particularly young women/girls for rejecting the
proposals of their suitors, for rejecting proposals/offer of marriage, for
denying/disputes of dowry, domestic fights, disputes over property, etc. The reason
behind this is that, the attacker cannot bear his rejection, loss of honor and shame,
insecurity, jealousy, patriarchy, aggression and frustration; his so-called male ego
comes in between all this, and thus he takes revenge by destroying the body, specially
the face of the women who dared to refuse him. It leaves the victim charred, blinded,

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and mutilated, it melts human flesh and even bones, causing excruciating pain and
terror and scarred for the rest of their lives.
Various cases found in the country which demonstrate the biasness done towards the
acid attack survivors as the provisions of the Indian Penal code was incompetent to
deal with them. In a case of Devanand vs. the State,22 a man threw acid on his
estranged wife because she refused to cohabit with him. The wife not only lost her
eye sight, but also led to permanent disfigurement of her face. Although the accused
was held guilty by the Court, the punishment awarded was a minimal period of seven
years under Section 307 IPC. Laxmi Agarwal, the daughter of a domestic cook, was
only 16 when 32-year-old man began pursuing her. After she refused his marriage
proposal a few times, he roared up one day on a motorcycle with an accomplice and
threw acid on her face, chest and hands. She lost all her childhood, lost all friends and
became a school dropout. People mocked her and stared at her, blaming her by saying
that she might have done something to earn the man’s wrath. She spent eight years
hiding her face. But she gained courage when India exploded in the outrage over a
gang rape on a bus last year. She immediately filed a PIL and sought a ban on the sale
of toxic liquids. Under huge pressure the Government passed a law that for the first
time created criminal charges specially for stalking, voyeurism, acid attacks and
forcible public disrobing of women, an act sometimes carried out in rural areas to
cause humiliation. Under the new law, a person convicted of an acid attack faces a
minimum of ten (10) years and a maximum life sentence.
The sad thing is that, even the Indian Penal Code was not competent enough to deal
with the acid attack. It had no provisions even to define acid attack.7. Due to
increasing cases on acid attack, the Government of India decided to amend the old
legislation and bring in some new ones. Even the Indian Supreme Court strongly
criticized the Government for failing to formulate a policy to reduce acid attack on
women. Hence, this gave way to the formation of the Criminal Amendment Act,
which was brought in force on the 3rd of August 2013 and has been gazette on 2nd
April, 2013, which has some specific provisions on acid attack. The Law Commission,
headed by Justice A.R Lakshmanan, proposed that a new Section 326A8 and Section

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326B9 is to be added to the IPC. Section 114B10 has also been added in the Indian
Evidence Act, 1872.
10. European Commission (2010) in the report entitled Violence against Women
highlighted the nature and consequences of domestic violence against women. The
European Union defines ‘violence against women’ as "any act of gender-based
violence that results in, or is likely to result in, physical, sexual or psychological harm
or suffering to women, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or in private life. While some
progress has undoubtedly been made in the EU in terms of improving public
awareness and giving women who suffer from violence more places to turn, women
in all Member States continue to suffer violence at the hands of abusive partners.
According to the Council of Europe, one European woman in four experiences
domestic violence at some point in her life, and between 6-10% of women suffer
domestic violence in each year. Among the five potential types of violence under
consideration, sexual and physical violence are the most serious across the EU, with
85% of respondents considering these forms of violence to be very serious17. 71%
find psychological violence to be very serious, while 69% say the same about
restricted freedom and 64% say the same about threats of violence. The third and
fourth most commonly cited causes of domestic violence against women across the
EU are poverty or social exclusion (77%) and unemployment (75%).
The attitude of the people in EU shows that an overwhelming majority (84%) of EU
respondents say that violence against women is unacceptable and should always be
punishable by law. A noticeable minority (12%) believe that this kind of violence is
unacceptable but should not always be punishable by law, while a very small fringe
thinks that domestic violence is acceptable in certain circumstances (2%) or in all
circumstances (1%). this indicate the level of opinion and mentalities of the people
across the EU.
Most EU citizens believe that laws are in place to prevent domestic violence, although a
minority admits to not knowing the legal situation. However, in seven Member States,

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majorities of people think there are no laws or are unaware of laws in their country
concerning prevention.
The most encouraging finding of this report is that, in general, clear progress has been
made among the EU15 countries since the time of the previous survey a little over a
decade ago. Awareness of the issue has grown, tolerance of domestic violence has
fallen and support for strong measures against perpetrators has risen. The survey
also shows that more and more people hear about domestic violence in the media
which may be a sign that this issue is now less of a ‘taboo’. There is no doubt that the
debate launched by the European Commission has had an impact on people’s
awareness of domestic violence. We can also assume from the survey’s results that
initiatives such as information campaigns have contributed to the increased
awareness of the issue. However, this does not mask the fact that the problem
remains rife in European society, with large numbers of people confirming that they
personally know women who suffer from violence, and that they also know people
who are committing such violence.

11. Arun Ignatius (2013) in his thesis titled SEXUAL VIOLENCE IN INDIA discussed
about the complexity of rape as gender based sexual violence as well as the situation
of women in India.
Rape is prevalent in many parts of the world but it is the fastest growing crime in the
country. Rape, the most common form of violence against women has been a part of
human culture and is a profound violation of woman’s bodily integrity and can be a
form of torture. The subject of rape comprises more than the actual physical act as it
involves many factors such as law and customs, social and political events and so on.
While the physical reality of rape has been unchanged over time and place however,
the perceptions, ideas and laws about rape have changed.
According to the National Crime Records Bureau in India (NCRB), there has been a
startling increase of 873.3 percent in the number of rape cases registered in India
from 1971 to 2011 However, experts claim that the actual number of instances of rape

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is far from being recorded since the unreported number of cases is extremely high.
The cases used in this study are 2004 Thangjam Manorama Devi Case, 2011 Soni Sori
Case and 2012 Jyoti Singh Case. The sexual violence mentioned in all the three cases
involves more than two assailants. The rape committed by a group of men, which is
also termed as gang rape. The victims of gang rape are often pressured to drop
charges or reluctant to report the case as they fear multiple reprisals. The victims in
the three cases shared same gender, class and caste and suffered similar savage
treatment, but the police responded only to one case. The intersection of the identities
gender, class and caste shows that the police response towards rape cases in India is
not consistent. On one hand, the police will respond to cases when the perpetrators
are from the lower sections of the society with lower class/caste but on the other
hand the police fails to respond when the perpetrators are from the authority and the
position of power structure in society are higher than those of the victim.
In India, the most recent social movement was connected to rape and it pressurized
the government to implement a new anti-rape law in the country. The new anti-rape
law had provisions such as death penalty for certain sexual violent offences which
were not welcomed by human rights organizations such as Amnesty International.
However, apart from the fact that it failed to meet the level of international standards,
the main problem with the new legislative reform was that it overlooks certain
recommendations and the state authorities failed to address the main issues on
accountability of the police and withdraw the legal immunity enjoyed by the security
forces. This provides the opportunity to the police system to respond inconsistent to
rape cases base on the individual’s social identities (gender, class, caste).
To conclude, the high prevalence of rape in India proves that the Indian government
is weak in promoting or fulfilling the human rights, especially the rights of the women.
The power structure in the Indian patriarchal society is a reason for the inconsistent
police response to rape. In a patriarchal society dominated by power the act of rape
can be perceived as an expression of strict controls over women’s sexuality. The
patriarchal mindset influenced the police to respond dissimilarly when perpetrators

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were the authorities employed by the state to protect the citizens and when the
perpetrators were from the lower levels of the society gendered as women.

12. Sandra Neuman (2013) in her thesis titled The Issue of Sexual Violence against
Women in Contemporary India. highlighted some of the underlying factors of
increased reporting of sexual violence in India.
On December, the 16th 2012, a brutal gang-rape of a young woman in New Delhi,
India caused her death. After that incident, there has been news reporting about
increasing violence against women in India, especially sexual violence. Journalists
have written about what they say is an increase of rapes in India the last couple of
years. More over India is a country that over the last two decades been praised for its
fast-economic growth and ‘modernizing’ society with improvement in human
development indicators and on the road towards becoming a democratic and
economic superpower. Combined, this can be said to give a paradoxical picture of
India. Although India is the world’s largest democracy with rapid economic and social
changes, the women are in the cross-fire for sexual violence. Studies have been
conducted during the last decades regarding underlying factors for sexual violence
against women in India. Some of these underlying factors are; a culture that approves
violence, alcohol, experience of abuse as a child, poverty, and rapid socio-economic
changes.
Based on the findings all factors overlap several times, therefore no factor alone can
explain the increased reporting of sexual violence in India. Women’s position in the
Indian society has changed and it was described that it is more common now for
women receive education and take part in employment outside the home. This was
further described as having empowered the women and made them independent.
When women are breaking through and taking up a much larger role in society it
increases tensions and creates an imbalance between the genders. The tension can
then appear in violence against women as an attempt for men to maintain the
traditional gender power structures in transition processes.

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The results show that some of the underlying factors for increased reports of sexual
violence against women in India, like patriarchy, education and employment for
women and gendered power inequalities are in a complex interplay. It was further
seen as ‘traditional’ norms and values clashed with ‘modernity’ and caused these
factors for violence. The outcome of the study showed that the increased reporting of
sexual violence can be related to the ’modernization’ process both in a positive and
negative way. It appeared to be a complex problem with interrelated factors.
Even though it was showed through statistics and surveys of increasing levels of
violence against women in India it was argued that it might just be an increase in
reported cases and not an increase in absolute cases. Increase in reports may be due
to factors such as changes in victims’ willingness to report (possibly can be linked to
more confidence in police and justice system) or it can be changes in the laws. But it
can also adhere to ‘modernizing’ indicators such as, increased awareness of legal
rights, improved human rights and more educated people.

13. B. R. Sharma, Manisha Gupta (2004) in the article Gender Based Violence in India
- A Never-ending Phenomenon highlighted some of the customs, prevalent for
years in India, to reveal the gender-based violence. Gender based violence is quite
common in almost all the developing countries. Though mostly identical, yet, some of
the customs, which are reflected in the culture of each of the societies differently,
create important distinctions. It is a harsh reality that the woman in India has been
ill-treated for ages in our male dominated society. She is deprived of her independent
identity and is looked upon as a commodity. She is not only robbed of her dignity and
pride by way of seduction by the men outside, but also, may become a victim of cruelty
by her saviors, within the four walls of her own house. The atrocities committed on
women can be divided into various groups: Physical violence may include assault,
battery, serious injuries or burns etc. Sexual violence, which means robbing the
dignity of woman not only by indecent behavior but it, may take the extreme form of
rape. Female genital mutilation (FGM) removal of clitoris and other parts of a woman
or girl child is often practiced in African countries. Verbal violence, which means

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indecency or use of abusive and filthy language against a woman or her near and dear
ones. Social violence, which includes demeaning, disparaging and humiliating a
woman or her parental relatives and friends. Emotional violence, leading to internal
deprivation of love and affection, concern, sympathy and care, it also includes
depriving her custody of children. Financial violence, which means depriving her of
financial means and bare necessities of daily life, it also includes taking away the
assets, which a woman possesses or earns. Intellectual violence, means denial of rights
to take part in decision making and discussion for pressing issues. Other forms of
violence, which may include denial of education, access to health facilities,
reproductive rights, etc. In India among the crimes against women, torture recorded
as high as 278% increase, while the incidence of rape increased by 69% followed by
molestation 24%. Sexual harassment recorded a consistent growth of 86% during the
period 1995 to 1999. There has been a steep rise in rape cases from 9150 in 1989 to
15468 in 1999 but the more disturbing feature of this finding is that 27% of the
victims were minors. The phenomenon of violence against women within the family
in India is complex and deeply embedded. Dowry related killings follow two patterns,
first, the young brides were either murdered or forced to commit suicide (18.4%)
when their parents refused to concede to continuing demands of dowry and second,
the murders were committed on the pretext of 'complex family relations' or extra-
marital relations (52.6%). A critical analysis reveals that the crime situation has
worsened over the years but the large number of cases that are registered may reflect
that the hesitation regarding reporting these crimes is perhaps breaking down.
However, studies indicate that the statistics conceal rather than reveal the extent of
the problem. Despite the legal provision the crime against women in not reducing.
Therefore, legislation alone cannot by itself solve deep-rooted social problems, one
must approach them in other ways too. Therefore, what is required is not only a
strong legal support network but also opportunities for economic independence,
essential education and awareness, alternative accommodation and a change in
attitude and mindset of society, judiciary, legislature, executive, men and the most

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important woman herself. Restructuring society in terms of power and role


relationship while emphasizing the egalitarian values is the need of the hour.

14. Mary Stathopoulos (2013) in the article Engaging men in sexual assault prevention
examines men’s role in the prevention of sexual assault. Prevention of sexual assault
has traditionally been a space occupied by women—both as educators and as the
audience for messages on how to keep safe from the threat of sexual violence. More
recently, the principles informing prevention of sexual assault have shifted to
acknowledge the importance of men as facilitators/educators and as participants in
sexual assault prevention programs.
Sexual assault prevention has seen shifts from risk-avoidance messages aimed at
women to a more inclusive paradigm that proposes both women and men have an
important role to play in the prevention of all forms of violence against women—
including sexual assault and domestic and family violence. The concept of resistance
to prevention messages is salient for men who may feel helpless, defensive, or a lack
of legitimacy in a field that has traditionally been a feminist space. In seeking to
engage men in this space, it becomes necessary to balance a tension between the need
to employ language that is based on male gender stereotypes (e.g., men as
competitive, aggressive, dominant) with the goal of challenging those same gender
stereotypes. A strong belief in gender stereotypes and a weak belief in gender equality
are key determinants in the perpetration of sexual violence. The step in sexual assault
prevention is to engage men—both as facilitators and as participants in prevention. „
If men are to be engaged in the prevention of sexual assault there must be a shared
understanding of the fact that men have a positive role to play. ‘A consideration of
how to engage men in prevention efforts must consider the ways in which some men
may resist prevention messages—whether that resistance stems from discomfort,
rejection of ideas, or from other sources.’ There is a tension when masculine gender
stereotypes are used as a tool for engaging men in prevention while evidence suggests
that these same stereotypes can contribute as underlying factors in the perpetration
of sexual assault and violence against women.

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Primary prevention of sexual assault and domestic and family violence is concerned
with preventing violence before it occurs. “Some primary prevention strategies focus
on changing behavior and/or building the knowledge and skills of individuals”
(VicHealth, 2007, p. 9). Primary prevention began as awareness raising, such as an
advertising campaign on television2 and billboards, or information sessions at work
organized by human resources departments. However, it now goes beyond that.
Primary prevention now aims to change attitudes and behaviors.
Secondary prevention refers to early intervention strategies targeted at groups or
individuals who may indicate a risk of perpetration or have perpetrated violence or
controlling behavior (possibly) for the first time. Similarly, secondary prevention may
target groups who are identified as at risk of being victimized or of perpetrating
violence and/or sexual assault.
Tertiary prevention relates to interventions after violence has occurred. This can
include legal sanctions for perpetrators and therapeutic interventions for
victim/survivors and perpetrators. A tertiary prevention initiative explored in this
paper is men’s behavior change programs. Men’s behavior change programs seek to
educate men on the inappropriateness of sexual and physical violence and to help
them change their thinking and behavior toward more equitable and respectful
relationships with women. Men can volunteer for behavior change programs or may
be required to attend due to court order.

15. UNFPA (2014) in the report ADDRESSING VIOLENCE AGAINST WOMEN AND GIRLS
IN SEXUAL AND REPRODUCTIVE HEALTH SERVICES: A REVIEW OF KNOWLEDGE
ASSETS discusses about the report reviews literature on the integration of activities
to address gender-based violence (GBV) – specifically violence against women and
girls – into sexual and reproductive health (SRH) services. It is designed to provide
guidance to health-sector programmer designers and managers. Gender-based
violence and sexual and reproductive health risks share a common root -- gender
inequality. Gender norms – the socially constructed ideas and rules about correct

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male and female behavior and characteristics -- include culturally entrenched beliefs
and social rules related to male and female sexuality, so that gender mainstreaming
demands attention to culture and the application of culturally sensitive approaches.
The structures of most societies discriminate against women and girls, leading to
unequal opportunities and power differences between men and women. These
inequalities, combined with strict norms governing sexuality, are at the root of many
forms of GBV, including intimate partner violence (IPV), beating during pregnancy,
sexual harassment, rape as a tactic of war, and honor killings. Women’s and girls’
unequal status in their families and communities has roots in and is reinforced by
political, economic and social discrimination, strongly reducing women’s autonomy,
their ability to exercise reproductive rights, their ability to protect themselves from
unwanted pregnancies and HIV, and their ability to leave abusive situations. This
gendered system of discrimination and cultural norms in many societies leads to
widespread acceptance – even by women -- of violence against women.
Discriminatory beliefs regarding gender and sexuality are pervasive in most cultures.
Hence, the task of integrating attention to GBV in SRH services is a long-term
enterprise that involves changes in policies, plans, protocols and infrastructure, as
well as training and supervision. One off-training efforts are insufficient to address
the underlying social and cultural predispositions of health-care personnel.
Mainstreaming gender demands an investment in cultural transformation among all
those working in the health system. Health providers need to apply culturally
sensitive approaches, understanding that structural and cultural factors contribute to
women’s and girls’ vulnerability to GBV and SRH risks and that many of these factors
are related to gender inequalities. Without this understanding, they easily fall into the
common cultural perceptions of GBV that blame the victim, whereas an
understanding of these factors helps providers give care that is compassionate,
comprehensive and effective. Therefore, a prerequisite for mainstreaming gender in
SRH and GBV programmers is gaining an understanding of how gender issues are
manifested in a context.

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The prevention of GBV in communities demands gender-transformative


programming – an approach that seeks to transform gender roles and promote more
gender-equitable relationships between men and women. Such programmers seek to
reflect critically about, question or change institutional practices and broader social
norms that create and reinforce gender inequality and vulnerability for both men and
women. Social science researchers can help health promotion programmers to
identify specific cultural beliefs that are discriminatory and test messages to
transform them. Ultimately, the elimination of GBV and reduction of SRH risks require
the elimination of key aspects of discrimination against women. Therefore, “gender
mainstreaming” is an essential component of all efforts to prevent both GBV and
sexual and reproductive ill-health, and to support to women and girls affected by GBV,
HIV and other SRH risks.

16. ATSA (2011) In the article Sexual Abuse as a Public Health Problem highlights sexual
abuse in the form of pubic health problems and how to overcome it. Sexual abuse is a
serious national problem that cannot be solved solely by responding to abuse after it
has been perpetrated. While the criminal justice and related systems may offer
deterrence, incarceration, rehabilitation, and restitution, these efforts to foster
community safety are implemented only after the detection and commission of a
crime. A complementary approach to prevent sexual abuse from being perpetrated in
the first place is necessary. Public health prevention efforts encourage us to shift our
focus from intervention and treatment following an assault to primary prevention,
that is, the prevention of sexual abuse before it is perpetrated.
Public health approaches to problems like sexual abuse move beyond ensuring the
health of individuals; it addresses the health of an entire population (CDC, 2004).
Sexual violence is a widespread problem that affects not just the victim, but the
offender and the families and communities around both; it is just the sort of social
issue to be targeted by a public health prevention approach which emphasizes
prevention before sexual violence occurs. A public health focus on prevention has the

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potential to diminish the number of sexual offenders in the general population and to
diminish sexual victimization in the community.
The public health model strives to prevent harm through identifying and reducing
“risk factors” that may contribute to the perpetration of, and victimization by, sexual
abuse. It also identifies and enhances the “protective factors” that may prevent the
development of sexually abusive behaviors and vulnerability to victimization.
Modification and reduction of risk factors for sexually abusive behavior may include
addressing individual and parental skills deficits, family dysfunction, negative peer
influences, adverse community living conditions, and inappropriate social messages.
Enhancing protective factors to increase our ability to prevent victimization and
perpetration may include incorporating into school curricula interpersonal skills-
building training for boys and young men or the implementation of mass campaigns
that target communities with information about the importance of consent in sexual
encounters (Finkelhor, 2009), and the laws regarding sexual assault. The utilization
of an ecological model for the development of sexual violence prevention strategies
is considered ideal: this public health framework takes into consideration the
interplay of the individual, relationship, social, political, cultural, and environmental
factors that all have a role in promoting and preventing sexual violence (Krug et al.,
2002). The ecological model encourages addressing not just individuals’ risk factors
for perpetration of sexual abuse, but the norms, beliefs, and social and economic
systems that may allow for and promote sexual violence (CDC, 2004). Public health
challenges society to accept responsibility for stopping sexual abuse by changing
norms both within relationships and within communities, and voicing objections to
such violence.

17. Oregon Department of Human Services (2006) in the report entitled


Recommendations to Prevent Sexual Violence in Oregon: A Plan of Action discuss the
plan of action for prevention of sexual violence. A multidisciplinary group spent one
year meeting and developing “Recommendations to Prevent Sexual Violence in
Oregon: A Plan of Action.” Resources and materials from around the world were

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reviewed in the development of these recommendations; prevention experts in


Oregon and the nation were interviewed to develop a comprehensive view of the
field. One message seems to be universal: that although sexual violence prevention is
deemed a worthy endeavor, prevention efforts to date remain a low priority and
receive few resources and little attention.
The high rates of prevalence of sexual violence and its impact on victims are both
widely known and recognized due to efforts of the women’s movement, governmental
entities, universities, and the public health sector over the past thirty years. The
current debate focuses on how to prevent sexual violence: how to stop it before it
occurs; how to reduce the risk of targeted populations; how to create a climate where
sexual violence is unthinkable. how to reduce the risk of targeted populations; how
to create a climate where sexual violence is unthinkable. For the first time, as a state,
Oregon joins in the international debate and begins its own multidisciplinary work
by the development of these recommendations to prevent sexual violence. This plan
recognizes the work that has taken place in the past and present in Oregon to address
basic gender inequality, to empower women, to support victims, to hold perpetrators
accountable, and to reduce the risk of both perpetration and victimization. With that
context, firmly in mind, the recommendations focus attention firmly on strategies for
prevention.
The recommendations make a clear distinction between “primary prevention”
defined as eliminating the root causes of sexual violence and stopping sexual violence
before it occurs and “secondary prevention” defined as focusing efforts on specific
groups at risk for perpetration or victimization. Primary prevention efforts include
addressing basic gender inequalities because of the high correlation it must sexual
violence. Prevention efforts will address raising the status of women and girls while
focusing on the issue of male violence. Eight prevention strategies are at the core of
this Plan of Action. They are carefully chosen as a starting place for Oregon’s
organized multidisciplinary efforts. The strategies are devised using the “ecological
model” adapted from the World Health Organization as a framework for prevention;

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the model is based on recognition that individuals, communities, institutions and


society have essential roles in the prevention process.

18. Michael Flood (2010) in his research series entitled Where do men stand when it
comes to violence against women? describes how many men use violence against
women, what men think about violence against women, and what role men can and
do play in reducing and preventing this violence.
The report is guided by the fundamental belief that men can play a positive role in
preventing men’s violence against women. Indeed, without men’s involvement,
efforts to reduce and prevent violence against women will fail. Most men in Australia
do not use violence against women, and most believe such violence to be
unacceptable. A silent majority of men disapproves of violence, but does little to
prevent it. Of most concern, significant numbers of men excuse or justify violence
against women. The silence, and encouragement, of male bystanders allows men’s
violence against women to continue.
To stop violence against women, well-meaning men must do more than merely avoid
perpetrating the grossest forms of physical or sexual violence themselves. Men must
strive for equitable and respectful relationships. They must challenge the violence of
other men. And they must work to undermine the social and cultural supports for
violence against women evident in communities.
Violence against women is a men’s issue. This violence harms the women and girl’s
men love, gives all men a bad name, is perpetrated by men we know, and will only
stop when most men step up to help create a culture in which it is unthinkable.
The document recorded various form of efforts taken by man to reduce and prevent
violence against women. A growing number of men are joining the effort to end
violence against women in Australia. The contemporary White Ribbon Campaign
represents the most substantial and significant manifestation of men’s involvement
in preventing violence against women. Men are increasingly the targets of education
and other forms of intervention. A range of initiatives engaging men, at various levels
of the ‘spectrum of prevention’, are under way. Men’s involvement in violence

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prevention is on the public agenda, receiving endorsement in both state and Federal
plans of action regarding violence against women.
The report then examines the inspirations for, and barriers to, men’s involvements in
violence prevention. First, what prompts men to become involved in this work? Men
are ‘sensitized’ to the issue of violence against women through hearing women’s
disclosures of violence, their love for and loyalties to women, their political and
ethical commitments to justice and equality, and related experiences.
Work with men has demonstrated significant potential in shifting the attitudes and
behaviors associated with violence against women. There is some evidence that
program and policy interventions can bring about positive change among men.
Men can play vital roles in helping to reduce and prevent men’s violence against
women. Indeed, some men, both individually and in groups and often in partnership
with women, are already making a difference. Preventing men’s violence against
women will require sustained and systematic efforts in families and relationships,
communities, and in society at large. It is time for men to join with women in building
a world of non-violence and gender justice.

19. WHO (N.D) in is manual entitled Promoting gender equality to prevent violence
against women reviews some of the most promising methods of promoting gender
equality and their effectiveness in reducing violence towards women.
The relationship between gender and violence is complex. The different roles and
behaviors of females and males, children as well as adults, are shaped and reinforced
by gender norms within society. These are social expectations that define appropriate
behavior for women and men (e.g. in some societies, being male is associated with
taking risks, being tough and aggressive and having multiple sexual partners).
Differences in gender roles and behaviors often create inequalities, whereby one
gender becomes empowered to the disadvantage of the other. Thus, in many societies,
women are viewed as subordinate to men and have a lower social status, allowing
men control over, and greater decision-making power than, women. Gender
inequalities have a large and wide-ranging impact on society. violence by a family

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member, sexual harassment and abuse by authority figures, trafficking for


prostitution, child marriages, dowry-related violence, honor killings, sexual violence
committed by soldiers during wars and so on (4). Health consequences of such
violence range from physical injuries and unwanted pregnancies to sexually
transmitted infections (including HIV), emotional problems such as anxiety and
depression and (in extreme cases) homicide or suicide.
For decades, therefore, promoting gender equality has been a critical part of violence
prevention. This has included interventions that confront the entrenched beliefs and
cultural norms from which gender inequalities develop, and efforts to engage all
sectors of society in redressing these inequalities, both of which are thought to reduce
gender based violence. It highlighted the various methods in promoting gender
equality. Firstly, it talks about the School-based interventions. These works with
school children before gender attitudes and behaviors are deeply ingrained. The
second approach is Community interventions, these try to effect change in individuals
and whole communities, by addressing gender norms and attitudes. They can include
methods to empower women economically and to enlist men as partners against
gender-based violence. Thirdly it highlighted the Media interventions in which Public
awareness campaigns use mass media to challenge gender norms and attitudes and
try to raise awareness throughout society of violent behavior towards women and
how to prevent it. Government interventions to promote gender equality, such as
laws and policies (see Box 3), can also play an important role in the primary
prevention of violence.
The promotion of gender equality is an essential part of violence prevention. A range
of school, community and media interventions aim to promote gender equality and
non-violent relationships by addressing gender stereotypes that allow men more
power and control over women.

20. NSVCRC (2004) In its publication titled Global Perspectives on Sexual Violence:
Findings from the World Report on Violence and Health shared major contribution
towards the understanding of violence and its impact on societies. It illuminates the

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different faces of violence, from the ‘invisible’ suffering of society’s most vulnerable
individuals to the all-too visible tragedy of societies in conflict.
In 2002, the World Health Organization (WHO) released the World Report on
Violence and Health. This report, the first of its kind, uses a public health approach to
examine global youth violence, child abuse and neglect, violence by intimate partners,
abuse of the elderly, sexual violence, self-directed violence, and collective violence. It
draws from the information, findings, and insight of over 160 experts from
approximately 70 countries and from published literature on violence. The Report
views violence through an ecological lens and discusses biological, social, cultural,
economic, and political factors that influence its occurrence and prevalence. Sexual
violence affects millions of people worldwide and represents a serious global public
health problem. Risk factors, rooted in social injustices and inequities transcend
geographical boundaries and individual differences. The costs of sexual violence are
devastating and jeopardize the health of individuals and entire societies.
Sexual violence does not occur in isolation. Risk factors, deeply rooted in social
injustices and inequities, connect sexual violence to other forms of violence across
the globe. Risk factors transcend boundaries and occur in individual, social, cultural,
and economic contexts. When viewing sexual violence through a public health lens,
both reducing risk factors and increasing protective factors become paramount. Some
of the individual risk factors found to increase men’s risk of committing rape include
using alcohol and drugs, lacking inhibitions to suppress associations between sex and
aggression, holding attitudes and beliefs that are supportive of sexual violence and
hostile towards women, associating with sexually aggressive peers, and having
experienced sexual abuse as a child.
A public health approach to ending sexual violence requires a collaborative, multi-
disciplinary, multi-level, and holistic strategy. The Report discusses many promising
approaches to ending sexual violence like The Philippines has developed training on
gender violence for nursing and medical students. This training has become a
standard component of nursing and medical school curricula. Task Force, Sexual
Assault Nurse Examiners (SANE) provide specialized and comprehensive health care

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services to victims of sexual violence. SANE programs operate in several countries,


including Canada, the United States, and Malaysia, Stepping Stones. South Africa’s
Institute for Health and Human Development (IHDC) uses the mass media to promote
health and prevent violence. Inter-American Coalition for the Prevention of Violence
supports the public awareness efforts, research, policy, training, media outreach,
collaborative, and preventive efforts of organizations on a national scale by helping
to mobilize resources and partners at local levels.
sexual violence is preventable and social change is possible. However, lasting social
change requires the commitment and collaboration of advocates, policy-makers,
researchers, medical personnel, educators, police officers, prosecutors, and other
professionals across the globe. Sexual violence prevention requires rigorous
advances in research, including the development and implementation of consistent
definitions and methods and the sharing of analyses. Through the commitment of
members of society at every level, new programs and policies can emerge to
significantly eliminate sexual violence.

21. Moira Carmody (2009) entitled Conceptualizing the prevention of sexual assault
and the role of education discuss the important role of education in understanding
and combating the sexual violence.
There is no argument about the pervasiveness and impact of sexual violence. The
challenge we face is how to prevent it. Australian governments have developed
comprehensive multi-level strategies to try and address the needs of victims, to hold
perpetrators responsible and to educate the community about how to prevent sexual
and other forms of intimate violence. Over this time, it has become clear that the
prevention of sexual assault is a complex task that challenges policy makers, victim
and perpetrator services, educators, researchers and the communities in which we
live.
Sexual assault prevention has undergone significant conceptual shifts since the
1970s. This has been reflected in all forms of prevention activity but is also evident in
sexual assault prevention education. At this point in time there is still much to be done

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to ensure our tertiary responses to victims of sexual assault are supportive, effective,
timely and flexible to the diverse needs of different population groups who
experience sexual assault. We also need to continue to work more effectively to hold
perpetrators of sexual violence accountable. Our current understandings recognize
the need for multi-sectoral and diverse responses if we are to move more closely to
preventing sexual violence. Prevention education is one crucial strategy in
government and community responses to sexual violence. If we are to achieve the
cultural shift in communities that promote non-violence and deplore the use of
violence between intimate partners, we face many challenges. To respond to these
challenges, we need to interrogate prevention education rigorously and to develop
effective policy to guide its future implementation.
If we are to take seriously the challenge of the primary prevention of sexual violence
then we need a skilled and adequately remunerated workforce that not only
understand the content of the programs they are delivering, but have a clearly
articulated theoretical stance to the work they do and understand why they do it.
They need to have opportunities for ethical reflection and to consider the moral-
ethicality of prevention work they are doing (Evans, 2008). Without this, there is a
strong likelihood that they may unwittingly create resistance to the prevention
messages and alienate potential allies.
It is timely to consider how the development of prevention education can be
progressed. While there is renewed vigor across the nation in addressing the
relationship between gender and violence, there are significant challenges we face in
incorporating this into sexual assault prevention education.

22. Population council (2016) in the paper Reducing Violence Against Women and Girls
in Indi discuss the Do Kadam project of population council for testing strategies to
reduce the prevalence and acceptance of intimate partner violence against women
and girls.

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The Government of India has committed to eliminating violence against women and
girls through numerous policies, laws, and programs, yet one in three women aged
15–49 experiences some form of physical or sexual violence during her lifetime.
Through Do Kadam: Barabari ki Ore (In Step: Towards Equality), the Council and its
partners are generating a greater understanding of violence against women and girls,
developing and evaluating programs to prevent it, and assessing the effectiveness of
services provided by a government-run helpline, crisis centers, and shelters for
women who have experienced violence. Prior to launching interventions and
assessing services for women in distress, the Council and its partners reviewed the
global evidence on best practices to prevent violence. Researchers also conducted a
qualitative study to better understand the perspectives of husbands who do not
subject their wives to violence. The study included focus group discussions with
unmarried young women ages 15–24 and married women ages 25–49, a short survey,
and in-depth interviews with selected husbands reported to have been violent or
nonviolent. Based on insights drawn from these activities, the Council and its partners
have developed and are testing and evaluating project interventions, including:
Using women-only economic self-help groups supported by the Women Development
Corporation of the Government of Bihar’s Department of Social Welfare to empower
women, change their inequitable attitudes about women’s and men’s roles, and build
women’s confidence to speak out against violence. The groups offer training in
financial literacy and livelihoods, and education about women’s rights and
challenging traditional gender norms. In some villages, husbands of self-help group
members participate in parallel sessions where they learn about alcohol misuse,
develop a more egalitarian concept of masculinity, discuss their role in preventing
violence against women, and commit to reducing violence in their homes and
communities. Self-help group members and their husbands then implement
programs to educate others at the community level. Working with boys’ sports
clubs to incorporate lessons about the rights of women and girls into programs
established through the Nehru Yuvak Kendra Sangathan programme of the Indian
government’s Ministry of Youth Affairs and Sports. The curriculum works to

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transform inequitable attitudes about gender and gender-based violence among


adolescent boys and young men through life-skills education and a cricket-coaching
program. Training elected local government representatives to work to reduce the
incidence of violence in communities and to become vocal opponents of violence
against women and girls and alcohol abuse. Training health workers to look for signs
of violence, ask screening questions of women in the community who are pregnant or
have children age 6 and younger, and refer those who have experienced or are at risk
of experiencing violence to support services. Assessing the perspectives and
experiences of women seeking help from and the providers at the government’s
services for female victims of violence, including helplines, crisis centers, and
government-run shelters.

23. Sida (2015) Preventing and Responding to Gender-Based Violence: Expressions and
Strategies discuss the policy implication of gender based violence and the strategy to
address the challenges
Ending gender-based violence (GBV) and ensuring women’s security is a priority for
the Swedish government, a priority reflected in central objectives of Swedish policy
for development cooperation. Sida defines GBV as any harm or suffering that is
perpetrated against a woman or girl, man or boy and that has negative impact on the
physical, sexual or psychological health, development or identity of the person. The
cause of this violence is founded in gender-based inequalities and discrimination.
Entry points in addressing GBV is that gender-based violence is a violation of human
rights, and that tackling GBV is crucial for poverty reduction and economic
development. GBV is furthermore a key to protect sexual and reproductive health and
rights (SRHR), and reverse the spread of HIV. It is also a security concern and a
prerequisite for sustainable peace.
When defining effective strategies to end a priority is to make efforts to prevent GBV.
Given that GBV is linked to gender-based power inequalities, key in GBV prevention
are efforts to increase gender equality and transformation of gender norms.

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Prevention strategies entail a shift from “victims” to “survivors” with a focus on


women and girl’s empowerment and agency, efforts to increase women’s political and
economic empowerment and sexual and reproductive rights, and to incorporate men
and boys in the work. The strengthening of legal and policy framework is also of
outmost importance, as are efforts to bridge the gap between law and practice and to
end the impunity for GBV. Response to survivors, which meets their rights to
protection and access to services, including shelters and health sector services, is also
core. To prevent GBV and to protect and bring justice to survivors, Sida has an
interconnected overarching strategy which includes: Preventing violence,
strengthening legal and policy frameworks, and improving response services for
survivors. Supporting different programs and projects aligned with cooperation
partners’ priorities on ending GBV is a priority in Sida’s development cooperation.
Preventing GBV, to stop it from happening in the first place, is a key priority. Given
that GBV is based on gender norms and gender-based power inequalities, GBV
prevention strategies are intrinsically linked to efforts to increase gender equality
more generally. Hence, rather than disconnecting and treating GBV as a separate and
isolated problem, it must be situated in the context of gender inequalities. Sida’s
prevention strategies therefore entail. A shift in focus from seeing women (and other
groups exposed to gender based violence) as victims to seeing them as survivors,
actors and agents of change with a strong focus on women and girls’ empowerment
and agency. Efforts to increase women’s political participation and influence in
contexts of peace, conflicts and another humanitarian crisis. Women have rights to
participate on equal terms with men in political bodies at all levels of the society,
including in peace processes. In many countries women’s political representation is
very low, and women are often excluded from formal peace negotiations. This has
devastating consequences for the possibility to reach a sustainable development,
peace and human security. Efforts to increase women’s economic empowerment that
enhance women’s bargaining power and ability to leave abusive relationships. This
includes strengthening women’s entrepreneurship and employment opportunities,
improving women’s access to land and property rights, promoting equal sharing of

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unpaid care work between women and men and encouraging universal access to
quality education. While such efforts can contribute to increased violence against
women in the short term due to gender ideals linking masculinity to the provider role,
increasing women’s economic empowerment is still crucial for longer term
prevention of GBV. Women’s economic empowerment interventions which also
address gender norms and reach couples and communities can reduce such risks.

24. Yugantar education society (2004) in the research work titled a research study on
the nature, incidence, extent and impact of sexual harassment of women at work place
in the state of Maharashtra. discuss the finding of work place violence in the state of
Maharashtra.
The study was conducted in the State of Maharashtra. A sample of 600 working
women was drawn from the universe of women employed in organized and
unorganized sector in four regions of the state giving proper representation to
women from urban and rural areas. Out of 35 districts in the State spread over
Vidarbha, Marathwada, Konkan and Rest of Maharashtra, 10 district were selected at
random. The findings of the study were/ A very large majority of respondents had a
very narrows perception of sexual harassment i.e. sexual assault. Thus, when other
forms of sexual harassment are used by the perpetrators, these women realize that
they were subjected to sexual harassment at a very later stage.
The incidence and extent of sexual harassment is equally noticed in all establishments
irrespective of their nature. Employers, managers, supervisors and co-workers were
all found involved in sexual harassment of women at work place in varying degree
but co-workers and supervisors are identified as principal perpetrators of sexual
harassment in majority of the incidents. large number of cases of sexual harassment
of women at work places remain unreported as the victims are afraid of reporting due
to possible defamation or threats from the perpetrators. This is evident from the fact
that about 35 per cent of the victims covered by the study did not report the incidents
to anyone, even to their friends, family members or relatives. Only 41 per cent of the
victims complained about the harassment and remaining 59 per cent did not.

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Several factors for not lodging a complaint were reported; principal among them
were feeling of humiliation, fear of doubting the character and possibilities of
difficulties in arranging marriage in cases of unmarried women. The complaints of 22
per cent of the victims were totally neglected and no action was taken against the
perpetrators. Only one complaint out of 91 was referred to Complaints Committee for
investigation. In about 62 per cent of the complaints only strong warning was given
to the perpetrators. It is thus very clear that the employers do not appear to be serious
on the problem of sexual harassment of women at work place.
The NGOs and Social Activists suggested several measures for preventing and
controlling sexual harassment of women at work place. These included (I) organizing
regular awareness programmers and training for employees and employers (69%),
providing counselling centers at work places (56%), (iii) Separate law on sexual
harassment of women at work place (87%) and (iv) proper security to and safely of
women workers at the place of work.

25. Pamela Jumper, Roe Bubar, et.al (2003) in its report prevent Violence Against
Indian Women is the project report which was initiated to explore the patterns of
violence against women in Native communities and to examine the readiness of the
communities to address violence prevention in a meaningful way.
This project addressed both primary prevention of violence against women by
developing culturally-appropriate strategies and ideas for materials aimed at
changing community norms to intolerance of the behavior and actively trying to
prevent it, as well as secondary prevention, by determining, from the data, culturally-
appropriate ways in which intervention may occur where intimate violence has
already taken place. The project had four components.
The first was an assessment of each community’s level of community readiness to
accept and address violence against women as a community problem in Native
American communities in the western United States.

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The second component addressed issues relevant to violence against women and
their children, including prevalence, cultural factors contributing to or sanctioning it,
intervention and prevention through focus groups and semi-structured interviews.
The third component utilized the information gained through the first two
components to develop suggestions for materials and culturally appropriate methods
for prevention intervention. The fourth component explored the potential impact and
pitfalls of collaborative partnerships between researchers, practitioners and the
Native community on research projects related to violence.
In summary, effective and sustainable community mobilization to combat violence
must be based on involvement of multiple systems and utilization of within tribal
community resources and strengths. Efforts must consider historical issues, be
culturally relevant and be accepted as long term in nature. The Community Readiness
Model takes these factors into account and provides a practical tool that communities
can use to focus and direct their efforts toward a desired result, maximizing their
resources and minimizing discouraging failures. The Community Readiness Model is
one that creates vision and vision is sustainable and motivating.

26. Navsarjan Trust (India), FEDO (Nepal) and the International Dalit Solidarity
Network (2013) in the joint paper entitled THE SITUATION OF DALIT RURAL
WOMEN discuss the situation of Dalit women and nature and extent of form of sexual
violence they are facing.
Dalit women are placed at the very bottom of South Asia’s caste, class and gender
hierarchies. They suffer multiple forms of discrimination – as Dalits, as poor, and as
women. The caste system declares Dalit women to be intrinsically impure and
‘untouchable ‘, which sanctions social exclusion and exploitation. The clear majority
of Dalit women are impoverished; they are landless wage laborer’s; and they lack
access to basic resources. They are subjugated by patriarchal structures, both in the
general community and within their own family. Violence and inhuman treatment,
such as sexual assault, rape, and naked parading, serve as a social mechanism to
maintain Dalit women’s subordinate position in society.

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Dalit women suffer both gender and caste-based violence. The UN Special Rapporteur
on violence against women has noted that “Dalit women face targeted violence, even
rape and murder, by the state actors and powerful members of the dominant castes
used to inflict political lessons and crush dissent within the community.” Gender
inequality sanctified by religious and cultural norms subordinate’s women and
reinforces the patriarchal order, allowing for violence against them to be carried out
within their own homes and communities as well. Dalit women face verbal, physical
and sexual violence in the public and private domain. This includes being verbally and
physically attacked for any number of reasons in public, e.g. when trying to access
public resources or attempting to seek justice after another incident of violence. In
the private domain, Dalit women are assaulted for not being dutiful wives, not bearing
children or male children specifically or not bringing enough dowry into the marriage.
Dalit women face violence from community members, complicit police personnel,
their in-laws and their families. Between norms of female subjugation and cultural
norms regarding the “natural” caste hierarchy, women are constantly assaulted and
taken advantage of.
Due to their low socio-economic status, Dalit women are often the victims of
trafficking and sexual exploitation. Dalit women’s sexual and bodily integrity are
threatened and violated, even from a young age. Due to the caste hierarchy, dominant
caste men have a perceived right over Dalit women’s bodies while gender inequality
and subordination norms play an important role in the perpetuation of marital rape
and in-caste sexual assault. Dalit women are available sexually to any dominant caste
man. Additionally, the use of forced temple prostitution and trafficking are major
concerns for young Dalit girls. Sexual exploitation of Dalit women is a common
occurrence due to their low socio-economic status and dominant caste members take
advantage of their power and authority over them. Sixty per cent of Dalit women
experience family or other gender-based violence, whether physical, sexual,
psychological, social or cultural. Dalit women also face hardship because of child
marriage, bigamy and dowry practices that continue to prevail despite having been

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officially outlawed. Alcohol abuse and subsequent domestic violence is also a


significant problem.

27. V. K. Madan, R. K. Sinha (2013) in his article THE DYNAMICS OF RAPE IN MODERN
INDIAN SOCIETY discuss the nature and extents of rape in Indian society.
In modern India, the institution of rape has flourished immensely in recent times, and
presently it is a national problem. It is a challenge to the contemporary thinking.
Gender equality is enshrined in the Indian constitution. In ancient times rape existed
in Europe while women in India had divine personification as Shakti and in modern
times millions of Indians visit Shakti temples with liberal offerings. Rape is a
multidimensional and dynamic phenomenon. Its perception may vary from radical to
liberal, and the legal definition keeps evolving. Mathematically it may be modeled as
a space-time function. In 2013 the definition of rape was revised both in India and US.
It, however, differs. The paper examines recently introduced Indian law to reduce
rape incidents. There are various areas which need attention to have insight into the
phenomenon of rape and measures to control the incidents. This includes
understanding the effect of socioeconomic-demographic predictor variables in
reduction of the incidents.
The paper addresses dynamics of rape and models it as a space-time function. The
perception and understanding of rape may vary widely. The two extreme views of
rape are liberal and radical and the rape is generally perceived in between these
extreme views. The judgment of rape may therefore be subjective. The definition of
rape keeps evolving and is country specific. In some societies rape is the ultimate
taboo for the victim.
The authors have applied statistical analysis using correlation on the Indian rape data
punishable under Section 376 IPC with eleven socio-economic-demographic
predictor variables. The data taken were for all the 35 regions representing all India.
The result of the analysis indicated that out of all the predictor variables chosen, only
male and female literacy status in urban population or literacy status as a proxy
indicated significant effect on reduction of rape incidents. The future work may

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include application of advanced statistical techniques to the analysis of the rape data
to get deeper insight into the problem. It may be suggested that more predictor
valuables be used for the analysis to unfold their effect on rape incidents. It may be
stressed that laws are necessary but not sufficient to contain rape incidents. It is
desirable that the rape challenge should be addressed with a fresh look from
multidisciplinary perspective besides law and enforcement. The fusion of data,
analyses, and ideas including from sociological, cultural, psychological, and religious
aspects, and encouraging merging of tools from disciplines, should provide an
insightful and sound approach to find solution to the intractable social problem.

28. Vibhuti Patel (2014) in the paper entitled Campaign against Rape by Women’s
Movement in India discuss the efforts of women movement to address the issues of
rape.
The entire public debate arising out of the recent Delhi gang rape incident has
centered round the issues of “enacting a strong law” and “prescribing harsher
sentence”. It has failed to recognize more basic issues – the enormous social obstacles
encountered in registering complaints, in the conduct of thorough investigation, in
the protection of witnesses, in fast and efficacious prosecution and in unbiased
adjudication – in other words, the issues of implementation of the law, and judicial
machinery – which necessarily precede sentence. The debate has also largely failed
to consider the deeply patriarchal character of our social institutions, and law
enforcement machinery which render women vulnerable to violence in the family, in
the larger community, in their work places and public places. In this representation,
there is a need to focus on the even more serious situation that arises when
patriarchal attitudes are reinforced by caste, communal and class inequalities or
perpetrated by the state, that is, when sexual violence is inflicted as a part of an
assault by a dominant community as in a caste attack or communal riot; or when
sexual violence is inflicted on women in custody in a police lock-up or jail or state
institution; and when sexual violence is perpetrated by the police, security forces or
army.

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The existing rape laws do not recognize the unequal power relations between the
rape victim and the rapist. The victim is not given a choice to get her voice heard by
her own lawyer. She faces sexist biases and hostility at every step- inside the family,
within the community, at the police station, at the time of medical examination in the
government hospital and in the court-rooms. The criminal justice system expects the
victim not only to get over the trauma and be calm and composed at the time of
prosecution but also shed all her inhibitions and give a vivid description of the event
in the court-room. After the act of rape, if the victim washes herself (but naturally),
important evidence will be lost. In this situation, the women’s movement and the
concerned authorities need to direct their energies to amend the procedures so that
the case can be handled speedily and the victim does not face humiliation at the hands
of the administration that is known for its inertia, indifference and antipathy towards
women. Attitude of the judges in cases of rape is another deplorable area. Some
feminist lawyers have put forward a demand of special courts for rape trials to ensure
speedy dispensing of justice. Majority of judgements in rape cases are colored by the
preoccupation of the judges with ‘past sexual history’ of the victim and their notions
of ‘virginity’, ‘purity’ and ‘chastity’ of women. Gender-sensitization programmers for
judges must be given top priority by the state. About redefinition of rape there is a
consensus among the women’s rights groups that ‘rape’, ‘attempt to rape’ and
‘violating women’s modesty’ as they are defined at present must be clubbed together
under a heading of ‘sexual offence’. It is also suggested that the redefinition of rape
must be brought out of the patriarchal confines where ‘penetration of penis’ only is
taken into consideration while defining rape.

29. Richa Sharma, Susan Bazilli (2014) in their paper A Reflection on Gang Rape in
India: What’s Law Got to Do with It? reflect the incidence of Delhi gang rape and the
need for using law as a key tool in addressing violence against women in India.
The brutal gang rape of a physiotherapy student in India in December 2012 drew the
world’s attention to the problem of sexual violence against women in that country.
Protests and mass public reaction towards the case pressurized the government to

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respond to the crisis by changing the laws on sexual violence. However, these new
laws have not led to a decrease in violence against women (VAW). Is this the result of
the failure of the rule of law? Or does it highlight the limitations of law in absence of
social change?
It is important to bridge the creation of new laws, with an analysis that speaks to the
role of hyper masculinity, neoliberalism and culture in VAW. If unaddressed, what
may result instead are quick fixes, symbolized by the passing of new laws that act as
token gestures rather than ones leading to transformative action.
Although numerous laws related to rape have been passed in India due to feminist
groups pressuring the government, these laws have been ineffective through the lack
of implementation and, in some cases, have actively worked against the interests of
women (Ganguly 2007). Most recently, Indian rape laws have once again been
mobilized by civil society movements after the high-profile gang rape cases. While, on
the one hand, feminist mobilization has contributed to the successful creation of new
laws, on the other hand, as Ganguly notes, ‘it is safe to postulate that most feminists
have little or no faith in legal solutions to violence.
This was evident in the Indian women’s movement as feminists grew increasingly
disillusioned by the role of law reform in combating violence against women and
because they saw a disconnection between enactment of new laws and their
implementation. This disillusionment did cause a shift in how women’s organizations
chose to engage with law. Instead of focusing on demanding law reform, some
organizations focused on taking up individual women’s cases in courts, while others
focused on the lack of institutional support for women and created women’s centers
to provide women with legal assistance, health services and counseling (Kapur and
Cossman 1996). There is a lack of other viable structural alternatives to address
violence against women. Ganguly (2007) argues that while feminists have continued
to look at the state with suspicion for their role in perpetuating women’s oppression,
they nevertheless maintain their engagement with the state for legislative reforms.
We cannot do without law addressing VAW. But without the multi-sectoral
approaches as evidenced by the studies of civil society and social movements, law

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alone as a strategy to address VAW is doomed to fail. We do not advocate for a


withdrawal of engagement with the rule and the role of law. But we must consider
the latest research that shows us that it is critical that resourced autonomous feminist
civil society organizations are critical to any progressive social policy on VAW that
uses law. Further, without applying the lenses of hyper masculinity, neoliberalism,
culture and a political economy of VAW, our analysis of its causes and consequences
will be sorely limited, and continue to allow for a justification of quick fixes by
symbolically passing laws that neither hold men accountable or confront the culture
that Merry (2009) exhorts us to transform

30. Shannan Catalano, Erica Smith, Howard Snyder, Michael Rand (2009) in a report
titled Female Victims of Violence highlighted on the finding of two kind of violent
crime know as nonfatal and fatal violent. Moreover, it emphasizes on nonfatal
intimate partner violence (IPV), fatal IPV, rape and sexual assault, and stalking by
estimating the extent of crimes against women and the characteristic of crime and
victim. further it highlighted the trends of crime.
Per Bureau of Justice Statistics, National Crime Victimization Survey during 2008
552,000 incidences of nonfatal violence among the female aged 12 years or older by
an intimate partner was reported which include rape, sexual assault, simple assault.
Further analysis of data indicates that in the same year the rate of victimization by an
intimate partner was 4.3 per thousand females whereas the rate of intimate partner
violence against males was 0.8 per 1,000 males age 12 or older. This reflects the
severity of the problem with in the society. Among all form of non-fatal violence, the
cases of Simple assault are the highest 458,310. Further the trends of the non-fatal
violence show that there is a declining trend of intimate violence between 1999 to
2008.
Fatal intimate partner violence is the act of willful killing of one human being by
another. This includes homicide or murder and non-negligent manslaughter.
According to the available data in US out of homicide case 14% was committed by
intimate partner in the year 2007. Out of the total 2,340 intimate partner 1,640 were

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females. the shocking information is that, 24% of female homicide victim were killed
by husband or ex -husband, 21% killed by boyfriends and 19% were killed by another
family members whereas only 10% of the victim were killed by a stranger. This
indicate that how safe is women within the close relation or within the known people.

31. Aashish Gupta (2014) In his article titled Reporting and incidence of violence
against women in India highlighted the incidences of violence against women in
India based on the from the National Crime Records Bureau and the National Family
Health Surveys. This article present the estimation of degree of under-reporting of
crimes involving violence against women for India and its states.
As per the constitutional provision all the crime should be reported and all the
individual whose rights has been violated should get justice but the irony of the
country is many cases are going unreported and the victim are not able to get the
justice.
According to the report the incidence of sexual violence against women by the
husband it quite High. the incidence of sexual violence by husband is forty time higher
than the cases of sexual violence by other man in India However despite such high
prevalence only less than 1% cases were reported to the police. In the same manner
despite high incidences of violence cases only about 1% of incidence of physical
violence by other man, 2% of the incidence of physical violence by husband and 5.8%
of the incidence of sexual violence is reported to the police. This figure highlights the
endemic prevalence of violence against women in India, and disclose the extent of the
hindrances face up by the women in reporting violence. The data also highlight that
the number of women experience sexual violence is 40 times greater than the cases
of sexual violence by the non-intimate persons.
Incidence of violence in Indian society is common and very high. Per NFHS data every
third Indian women with in the age group 15 to 49 years’ experience physical and
sexual violence. More over one in every ten women reported facing sexual violence
by their husbands during their lifetime. As per the India Human Development Survey
2004-5 around 30 - 40% respondents agreed that women beaten up for going out of

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home without permission, not bringing the expected dowry, neglecting the house or
children, and not cooking properly. this trends is continued from the past and
continue.
In the present context, the battles against the women violence has amplified. there is
wide attention of media and advocacy group still the problem of violence against
women remains endemic. More over the violence of marginalized women from the
Dalit, Adivasi and violence of women in conflict zone by the armed force has received
insufficient attentions.
It is quite evident that the percentage of underreporting of violence against women is
quite high in India. However, it is neither well understood or sufficiently challenged
but often tolerated by the society and even the act of violence is justified by man as
well as women with in the society. Hence there is as urgent need of societal and legal
changes to address the shortcomings.

32. Emma Livne (2015) in his article Violence Against Women in India: Origins,
Perpetuation and Reform discuss about the cause, nature sources and implication of
the violence against women.
Violence against women is an international concept happening across the world In
Indian context violence against women in the form of, sexual assault, physical and
verbal abuse is quite common and rooted in India’s history and societal norms.
In Indian social system hierarchy, can be strongly found in the form of patriarchy.
This concept of patriarchy provides women subordinate position to male in which the
women is dependent, exploited and oppressed both physically and psychologically by
the male partner. if forced her to develop a sense of dependency upon the male
member.
The concept of patriarchal hierarchy can be notice throughout the line of history
beginning from pre vaidic period to Post independence. However, at the beginning of
the civilization gender hierarchy and violence against women was not prominent.
Society started becoming more structure and the institution of marriage introduced
in which women was expected to be remain in the household, and to birth a son for

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family although she was honored as sacred within the Hindu culture. This situation
creates a sense of confusion for women. In one hand, she was worshipped as
goddesses and on the other hand she was prohibited to perform the rituals of
worship. During the Post -vaidic period the concept of sati was introduced and
women were forced to sacrifice themselves on fire on the death of their husband.
During the Muslim period child marriage introduced. The post-colonial patriarchy
influence the women negatively.
The sense of marginalization and inequality developed among the women by the end
of British rule and women started organized themselves to protest for their rights.
The cultural and historical pressure develop the encourage violence against women
in the form of patriarchy, female feticide, dowry, and conditions of poverty.
Patriarchy develop the son preferences among the society which leads to denied of
the right of a girl to being born which is clearly seen from the sex ratio of the country.
The other Reason of the violence in India is the Dowry system. The implication of
dowry is growing rapidly despite Dowry Prohibition Act in 1961. According to the
National Crime Records 2011, around 8,618 12 cases of female deaths related to
dowry conflict was recorded.
If we consider the Indian culture is the main reason for violence against women then
it is impossible to define the Indian culture due to its differences based of religion,
language, cultural nuances, socioeconomic level. On the other hand, some argue that
the issues of violence against women are not uniquely Indian but has the influence of
patriarchal societies internationally. Therefore, to overcome the contradiction it is
advisable to think about the issues of women violence in relation to human rights
perspectives.

33. UN Department of Public Information, DPI (2009) In the paper Unite to end the
violence against women highlights the type, cost and consequences of violence
against women. Violence against women takes place in many different forms i.e.
physical, sexual, psychological and economic. All these forms of violence are
interconnected with each other and influence the life of a women from her birth to

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her old age. The consequences of the violence are very high for a woman and she
experience different types of problems including health problems which affect their
quality of life. Violence also has the trend to influence the family life and community
life.
Violence is universal phenomenon and women are suffering from the different forms
of violence across the world and the root cause lies in the continual discrimination
against women. It is estimated that almost around 70% of women experience
violence in their life time.
Among all type of violence physical violence by the intimate partner is most common
and prevalent type of violence across the globe. Study conducted by WHO across the
11 countries found that the sexual violence by the intimate partner ranges between
6% in Japan to 59% in Ethiopia. More over 40 to 70 percent of female murder victim
were killed by their intimate partner in Australia, Canada, Israel and the United State.
Sexual violence in term of rape also a biggest form of violence throughout the world.
As per the World Bank data the risk of rape and domestic violence among the women
aged 15 to 44 years are higher than the risk of cancer, car accidents, war and malaria.
Sexual violence in conflict is the main strategy adopted by the armed group. Rape has
been used as an approach of war. In every conflict zone cases of rape and violence
against women reported during and after the conflict situation.
Violence have severe consequences among the women. The growing consequences is
HIV/AIDS due to the inability to negotiate with the partner for safer sex the
incidences of HIVB/AIDS among the women is increasing. Among the new HIV
infection cases worldwide more than 60% are women.
The cost and consequences of violence is very high. The cost is of two type direct cost
and indirect cost of violence. The direct cost includes the costs of services to treat and
support victim women and their children and to ensure justice to them and the
indirect cost include lost employment and productivity, and the costs in human pain
and suffering. According to the study in 2004 in United Kingdom total direct and
indirect cost of domestic violence is 23 billion pound per year which comes 440
pound per person per year.

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34. Rohini Siva Srinivas (2015) in the document titled Comparative Analysis of Rape
Cases in India discuss how the crime of rape is signify in the media and public
responses generated and how the feminist movement developed and prompted
change in social justice for women in India considering for major land mark cases of
India Mathura rape case, Bhanwari Devi rape case, Delhi rape case, and the Badaun
case. There are significant changes in law related to violence against women since
1970 but still there is urgent need to consider the preventive measures needed to
control the violence faced by women in India.
The Delhi Gang rape case known as Nirbhaya case is the recent instance in which the
public reaction in term of anger and pain was very prominent immediately after the
case. Overnight the with the help of print and electronic media including social media
Indian youth spread the incidence to every level. Media also played very important
role in highlighting the protest against Nirbhaya case across the country which drew
the participation of all stake holders including individuals to NGO working in all
sectors and even the corporate. This raised a moral question in front of all that why
the public showing their anger and frustration collectively who choose to be silent
despite experience various forms of violence against women in everyday life and the
answer is perhaps the nature of the crime. The protest Just not only shows the
solidarity among the people in demanding justice but it also demonstrates to which
extent people stand together for justice. This incidence open the pathway for many
others women who were the victim of rape to break the culture of silence and speak
out for their rights.
This movement creates a platform for debate on what are women’s rights and her
freedom, which expose both the negative and positive thinking and ideology that
prevailed with in the country. Many controversial statements come from various
eminent personality and politician which indicate that despite all still the very little
change has been occurred in the mindset of the people. On the other hand, it also
helped to opened most of the human rights issues of women violated in the country.
Out of this incidence some of the most important amendment that came out is to

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rigorous imprisonment for rapists (though not death penalty), strict punishment to
other sexual offences, having a strong and dutiful police force and if complaints and
medical examinations are taken down on time then there should be repercussions for
them as well, etc. Two controversies geared up from this issues. death penalty for the
rapists and age of consent were two main controversy between the people
demanding capital punishment for the culprit and the prominent feminist movement
and NGO. The other controversy is geared up immediately after the documentary,
India’s Daughter, by Leslee Udwin in 2015. Following the controversy Govt. of India
banned the documentary claiming that it interviewed one of the convicted rapist who
places the blame of rape on the victim.
The Delhi Rape Case encouraged all of us to understand the different kind of ideals
prevailing within the society and the need of change required to make spaces as equal
and safe for women. There is still a long way to go, but the present protest shows that
the youth, the future of the country is ready for change.

35. Sona Drahonovska (2010) researched and compiled the cases of violence against
women in conflict zone in her report Women Rights in Conflict Zones: A Focus on
India. this piece of report discusses the existing legal framework available for
addressing the issues relating to Rights of women in conflict zones. In the present
context where the site of conflict is increasing the condition of women in such zone is
of immense significance as women are the prime victim of violence in such zone. In
this context, the conflict zone not only talking about the war zone but also include
areas of internal unrest due to self-determination issues, communal conflicts,
Environmental disasters etc.
In Indian scenario, presently there are three major conflict zones exist which are
Jammu and Kashmir, the Northeastern states and the central and eastern India where
Maoist rebels operate.
Women are more vulnerable to conflict due to the intertwine of militarization and
masculinity value. in masculinity value of the society which the man enjoy control
over women’s productive power, reproduction, sexuality and/or mobility as well as

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over property and other economic resources. In patriarchal society women are
symbol of honors and consider them as the property of man. This symbolic
representation of women makes them more vulnerable in the situation of conflict.
Rape is generally use as a weapon in the situation of war rather than for sexual
satisfaction and that's why women are mainly targeted by the hostile group to
dishonor the community they target. Women are also indirectly affected by various
act in conflict zone. Their lives are threatened due to the assault of their family
members. Being women she is dependent upon husband or father and the death,
disappearance or detainment of their male members pause serious consequences
upon them. Although the women face various specific issues which is very severe in
conflict situation but it is even ignored by the community who always consider
women as marginalized. It is therefore necessary to bring more attention to the plight
of women in conflict situations and encourage discourse about possible remedies.
Internationally if we see the establishment of the International Criminal Tribunal for
the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda
(ICTR) is the instrument to address the issues of rape in conflict situation. Several
significant rulings concerning sexual violence have been passed by these tribunals.
Although not directly connected to situations of conflict number of other decisions
have been also made to treating the same issues women in conflicts must face.
In Indian context, the legal protection for women is rather unsatisfactory. Still Indian
has not signed or rectified many international human rights instruments. This along
with the fact that India does not recognize its conflict zones officially create hurdle
for the humanitarian organizations to operate. However, despite of various efforts
taken by the parliament for empowerment of women the implementation is lacking
and various discriminating laws are still existing.
From the analysis, various suggestion proposed to protect the women from the
violence in conflict zone. The prime suggestion is to criminalize all forms of violence
against women (custodial, domestic, sexual violence and trafficking) under national
laws with strong punitive measures, sensitize law enforcement officials, including
judges, police and armed forces, about crimes against women; emphasize the

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prohibition of sexual violence in military codes and training manuals of police


officers, military and paramilitary groups and peacekeeping forces.
Most importantly, awareness must be raised among them as well as in the society
about their rights and their needs.

36. Aaron Karp, Sonal Marwah, and Rita Manchanda (2015) in the article titled
Unheard and Uncounted Violence against Women in India briefly reviews the
state of violence against women in India and the state of research to date.
One of the long-standing theme within the preview of public debate is the reluctance
of public authorities in dealing with the cases of violence against women. It has been
the part of public policy agenda since the rape case of a minor girl known as Mathura.
Forty year later the Nirbhaya case of Delhi the gender violence cased became the
center of the debate specially on how the country tackling the issues of violence
against women. The exhaustive propaganda of the issues always draw attention of
the mass and generate demands for action in India but the public poorly understood
the problems of violence against women. For instance, under reporting of violence
against women in India is so high that although in 2013, the cases of rape reported
was 33,707 and was significantly increased then the previous year case then also it is
one of the lowest rate reported worldwide. Rape is probably the most underreported
crime of violence against women. In country like UK social science research on rape
has become systematic and the data gathered are authentic but in country like India
there is limitation in the systematic research and the statistic on rape case is of
confidential in nature. Hence poor reporting is the reason behind the poor attention
of public towards the crime. In Indian context, the conflict between the traditional
mores and traditional transformation making the issues more problematic and
unreported. As per the common belief violence against women is an act performed by
man who are generally unemployed, uneducated, marginalized, or of low social status
but from many research among family with high socio economic status violence
against women is prevailing in high percentage.

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Other major reason for unreported rape cases is accessibility to the legal system by
the women of underprivileged section specially women from lower caste and tribal
backgrounds and those living in areas of armed conflict. In the arm conflict zone
women become the direct victims of physical violence, sexual assault, mutilation,
abductions, and displacement, and the indirect victims of traumatic loss and
impoverishment but the irony of the country is that it does not have any mechanism
for systematic gathering of gender specific data on violence against women in conflict
situations. In all the conflict zone of the country including northeast, Jammu &
Kashmir and the so called the red belt which is the moist affect district there is evident
from various study that women are the victim of the rape from the security personnel
which is unreported and if reported then also unpunished.
To address this issues there is need for a multi-faceted approach which address all
the aspects of the problem. First, to bring gender equality there is a need to redefine
the motion of masculinity and femininity. The current available responses need to be
reinforce strictly. More over to reduce the gap of incomplete data, under reporting
case the role of civil society emerge which along with the state machinery can play an
important role in highlighting cases of sexual violence and other form of violence and
generate mass opinion and draw their attention towards the problem.

37. Dr. Ambika R Nair (2014) in the article Acid attack -Violence against women
‘need of the hour describe the atrocious effects of acid attacks on the victim
physically, psychologically and socially. Also, examines the existing laws related to
acid attacks on victims and offenders.
Over the last decade, India is witnessing an alarming growth of acid attack especially
on women. Acid attack is the dreadful crime committed against women with the
intension of disfigure or kill her to take revenge. According to the recent study about
78% acid attack cases is due to the refusal of marriage proposal or rejection of
romance by a girl.
If we go ponder over the contributing factors for this crime then we can see that
various factors are responsible for the same but among them the social weakness of

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women in a male-dominated society; and lack of support, and the neglect of the
lawmakers are the main reason. Acid are easily available in the market and are less
expensive which make the perpetrators to use it for the crime. In certain situation,
this crime is bail able. More over the punishment does not create sufficient threats to
the offender. Also, the legal and medical systems found very weal in dealing such
cases. there is no proper legislation and the medical facilities provided are also not
proper. All this factors contribute to acid attack case to be more controversial.
Acid attack incidence found across the world but it is quite high in three country i.e.
Bangladesh, Cambodia and India. In India 3,000 acid attack victim were reported
since1999. However, the available statistic is un reliable as most of the cases goes
unreported in India. More over national crime record bureau (NCRB) doesn't
maintain any statistics on acid attack. This shows the attitude of the country that how
casual we are towards the crime. All this shortcoming highlights the gaps in the
criminal justice system of the country.
The consequences of the Acid attack victim are long term in nature. it has impact on
individual's self as she feels worthless due to her disfigure. on the other hand, the
society looks those individuals as alien. This affect the acid victim physically, and
psychologically. After the Incidence of acid attack the victim became handicapped in
every aspect of her life.
The irony of the country is there is no specific or separate legislation to deal with the
acid attack case. It is evident that generally inadequate punishment is awarded to the
culprit of acid attack. More over there is no any provision of punishment to the culprit
of intentional acid attack if the victim is escaped without any injury. As far as the
provision of law towards compensation for acid attack victim towards medical
treatment is concern it is insufficient. In such uncertainties, the police decide under
which act the case should be register and predominantly this decision influenced by
gender bias and corruption nature of the registering officer. all this shortcoming make
the victim to suffer a lot.
However, there are few land mark judgment came with in the country with give hopes
for the justice of acid attack victim.

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The Government of India is proposing various positive proposal towards Acid attack
victim. However, there is a need to legislate different sections in the I.P.C to deal with
acid attacks case and there is a need to establish a Criminal Injuries Compensation
Board in India to deal with the acid attack case effectively and help the victim for
proper compensation and rehabilitation

38. DS Bullar (2014) in the article Acid Throwing: A Cause of Concern in India
published in Indian Journal of clinical practice discussed about the concern and
consequences of the acid attack and highlighted the legal provision available
regarding this in the country Acid attack is one form of crime against women found
in the country which is growing in the recent period. In the Incidence of acid attacks
the prime motto of the perpetrators is to disfigure, injure, torture or kill due to
various reason. Therefore, in most of the case it is found that acid thrown in the face
of the victim. Acid attack my leads to blindness, scarring of the face which create
physical challenges in her life which need long term surgical treatment for her
betterment. They also go through various psychological problems like, anxiety,
depression, lower self-esteem. the physical deformities forced then to be away from
the livelihood generative activities which also create economic hardship for the
victim.
It is found that the incident of acid attack is generally an outcome of the of the anger
or fury on a woman who dares to refuse the proposal or order of a man. One of the
study shows that 55% of the acid attack case is due to the refusal of marriage proposal
by a male partner. In 18% of the case the crime is committed by the husband to abuse
his female counterpart. 2 % also reported as deny of sexual or romantic encounter by
a female member.
India is considered as the 4th dangerous country in the world for a woman to live.
The incidence of acid attack is growing tremendously. between 2002 January to 2010
October almost 153 cases have been reported in the print media. However according
to the scholars, the picture is much higher.

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In this scenario if we see the existing legislation of India then we can see that after
2013 case the supreme court come up with the direction that every states and union
territories should issue license the retailer who is selling acid. It is also said that shop
must keep all the record including the photo identity, address of the buyer and the
quantity sold to him. More over sale of acid is completely prohibited unless and until
the retailer maintain a log book and maintain it properly. In supreme court order, it
is also mention that the acid attack is a non-bail able offence and made provision of
compensation of rupees 3,00,000.
Moreover after the Nirbhaya case, parliament approved a bill which talked about
strengthening laws on assaults against women. The crime of acid attack was also
included in the bill and made it criminal offence with a minimum prison term of ten
year.

39. Lori L. Heise (2012) in her article titled “Determinants of partner violence in low
and middle-income countries: Exploring variation in individual and population-level
risk” focused on Conceptualizing and Measuring Partner Violence in the beginning
section. It focusses on the various instrument emerged in due course of time to
understand the universal concept of domestic violence but how the fundamental
question is still the same.
For the first time in the second World Conference on Human Rights 1993 at Vienna
the international community acknowledged that the gender based violence is a
violation of women’s Human rights. This was the outcome of advocacy initiatives of
women’s group who actively engaged to draw the attention on issues of women i.e.
issues of partner violence, child sexual abuse, and rape.
During 1970 for the first-time Richard Gelles and Murray Straus based on conflict
theory conceptualized the “spouse abuse” and said family members use spouse abuse
to resolve disagreements with in the family. This gradually became an instrument and
knows as "Conflict Tactics Scale" and widely used globally to study behaviorally
specific probes to measure abuse.

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The debate over the CTS highlights the differences and division among the scholar
and researcher working in the field of violence against women. More over CST
encouraged and motivated the scholars concentrate on the physical violence and
psychological aggression between couples, directed at children and among siblings.
In to this preview the researcher working in the areas of criminal justice perspectives
focused and measure various aspect of violence which can be considered as a crime
With due course of time Researcher working from various perspectives on the issues
of domestic violence use the CST tools and gradually the tool developed and a revised
CST -2 came in to existence. The CST -2 started producing data related to sexual and
physical aggression within the close relationship Apart from this various individual
who are working with feminist perspective develop other topic specific instruments
i.e. “Measure of wife abuse”, Severity of violence against women” which help the
researcher to collect behavioral aspect. This instruments shift the focus of researcher
from general perspectives to psychological and controlling aspects of abuse. This
helped the researcher to shifts their concentration from inquiring about the specific
act towards how the women feel who experience violence.
On the other hand, the nonwestern nations concentrate their focus on women's
human rights. This put increased pressure to generate more data on violence in the
developing world. Numerous initiatives to capture the victimization data takes place
which resulted in increased availability of data globally on prevalence, nature, and
impact of partner violence and of other forms of violence against women, especially
in the developing world.
Despite of tremendous development in the scale and breadth of research, certain
fundamental questions have not yet been resolved on the nature of abuse. For
example, does a single incident of aggression constitute "partner violence,” or must a
pattern of repeated acts be involved? How important is it to include emotional or
psychological abuse?

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CHAPTER III

RESEARCH METHODOLOGY

Introduction:

Methodology is the systematic, theoretical analysis of the methods applied to a field of study.
It comprises the theoretical analysis of the body of methods and principles associated with
a branch of knowledge. Typically, it encompasses concepts such as paradigm, theoretical
model, phases and quantitative or qualitative techniques.2 The present study also been
carried out with the help of systematic investigation and scientific method has also been
applied. Various methods and techniques has been used to complete presented study. The
present chapter deals with the methods and tools used in this research project.

Significance of the study:

The 2012 Delhi gang rape case involved a rape and fatal physical assault, which occurred
on 16th December 2012, in Munirka, in South Delhi. The incident occurred when a 23-year-
old girl and physiotherapy intern Jyoti Singh Pandey was beaten and gang raped in a running
private bus in which she was travelling with her friend, Awindra Pratap Pandey. Despite
treatment in Delhi and in a hospital in Singapore she died from injuries and infections. The
incident generated widespread outrage, and was widely condemned, in India and abroad.
The national and international coverage in media was received by this heinous act, it also
discussed the safety issues, rape case, existing laws and its implementation. In subsequent
public protests against the state and central governments for failing to provide adequate
security for women in New Delhi, thousands of protesters participated and clashed with
security forces. Similar protests took place in major cities throughout the country. As India,
does not allow the press to publicize a name of rape victim, the victim was named and quoted
as “Nirbhaya”, which means "fearless".

http://www.modares.ac.ir/uploads/Agr.Oth.Lib.17.pdf accessed on 07_02_2017


2

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Because of the protests, in December 2012, a judicial committee was set up to study and take
public suggestions for the best ways to amend laws to provide quicker investigation and
prosecution of sex offenders. After considering about 80,000 suggestions, the committee
submitted a report, which indicated that failures on the part of the government and police
were the root cause behind crimes against women. In 2013, the Criminal Law (Amendment)
Ordinance, 2013 was promulgated by Hon’ President Pranab Mukherjee, several new laws
were passed, and six new fast-track courts were created to hear rape cases. The “Nirbhaya”
case resulted in a tremendous increase in participation of public in protest on women issues,
discussions on crimes against women and statistics show that there has been an
improvement in the number of women coming forward to file a crime report.

The outpouring of anger and grief following the rape and murder gave rise to hopes for
change in India. The government responded with the passage of several new sexual assault
laws, including a mandatory minimum sentence of 20 years for gang rape, and six new fast-
track courts created solely for rape prosecutions. As an indicator of the scope of the problem
of rape prosecution, the "Nirbhaya" case was the only conviction obtained among the 706
rape cases filed in New Delhi in 2012.Between 16 December 2012 and 4 January 2013, Delhi
police recorded 501 allegations of harassment and 64 of rape, but only four inquiries were
launched. However, it appears that the "Nirbhaya" case has influenced the willingness of
rape or molestation victims to report the crime; police records show that during the final
nine months of 2013 almost twice as many rape victims filed a police report and four times
as many allegations of molestation were made. A recent report released by the National
Crime Records Bureau shows that 95 percent of the cases brought to the police were
classified as a crime. However, there is a large backlog of cases with fewer than 15 percent
of those charged tried in 2012, leaving 85 percent waiting to come to trial.

Following the incident, the government set up the Nirbhaya Fund to address violence against
women. The Fund is administered by Department of Economic Affairs, Ministry of Finance,
however, as of March 2015, a very small amount of the fund has been spent to ensure
women's safety.

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Like Nirbhaya Fund, many State governments created the funds to help victims. The funds
are used mainly for prevention strategies – Self Defense, and for Rehabilitation of victims.
Thus, the proposed research suggests the factual study of the cases filed FIR s with Police of
violence against women in general and sexual assault from the period 1 Jan 2013 to 31 Dec
2015. The report will be given on use of support and fund given by the respective
governments for their care and rehabilitation to the complainants.

Title of Study:

‘Tackling Violence Against Women: A Study of State Intervention Measures (A


comparative study of impact of new laws, crime rate and reporting rate, Change in
awareness level)’

Aim-

The study aimed at documenting the changes in enrolment of the cases of violence against
women after the policy level changes especially before after 2013 and to compare the
national scenario related to the violence against women from low and high prevalence areas.

Objectives -

1. To undertake comparative study of the policies framed on State funds/programmers like


Nirbhaya Fund for analysis in terms of their implementation- scope and limitations etc.

2. To study the facts in execution and implementation of these policies in High and Low
prevalence districts from states selected.

3. To identify the Gaps and to Scale up of the best innovations in the planning and execution
of these policies.

4. A comparative study of impact of new laws, crime rate and reporting rate, change in
awareness level.

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Focus Areas of Study-

1. The study on violence against women has broad understanding. As given in the
invitation three areas will be focused: - a) Sexual Violence, b) Communal Violence, c)
Sectarian Violence
2. The nature of such incidences is very dubious and vague. The Study will find out
number of people registered and FIRs lodged. Generally, the facts are not exposed at
first hand but need to apprehend for the course of action. Thus, the stakeholders play
major role in such cases, such as – Police Stations, Government Social Cells,
Counseling Centers, Voluntary Organizations, Medical and Legal Practitioners. The
present role of these agencies in such cases and operational guidelines will be
suggested.
3. Study will consider convergence of services in the States for better services and
impacts on the women victims.
4. The study will also type of popular solutions to the issue, various services in operation
and rehabilitation rates to capture the best practices

Research Design:

The study aimed at comparing the findings from low and high prevalence areas of violence
against women. Hence the study is purely comparative in nature. The study also aimed at
documenting the transformation after policy changes due to the Nirbhaya incident of Delhi.
Study disclosed the effects of the policy level changes and present situation hence it can also
be said that this study comes under the one group after only research design. The study also
aimed at finding out the present situation of the policy, problems in it and framed the
changes hence this study is purely coming under the diagnostic research design. The study
was based on survey and it was purely quantitative in nature.

Unit of study:

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There are several types of stakeholders of the said policy hence all the stake holders have
been considered as unit of study. The various unit of study has been mentioned below:

1. Victim from Public Prosecutor/Police;


2. Police Officers & police Stations;
3. Public Prosecutor;
4. Medical Officers & Medical Practitioners;
5. Nirbhaya Fund Officers;
6. Social Counselors.

Universe of Study:

All the stake holders of the said policy constituted the universe of the study. As there are
different types of stake holders hence the universe of the said study has been divided on the
ground of below mentioned points.

1. Victim from Public Prosecutor/Police;


2. Police Officers & police Stations;
3. Public Prosecutor;
4. Medical Officers & Medical Practitioners;
5. Nirbhaya Fund Officers;
6. Social Counselors.

Unit selection:

As the universe of this study is situated in large geographical area and scattered hence
instead of going for census study the sampling method has been adopted. Based on the
nature of the universe of the study the sample has been selected based on multi-phase
sampling method. The phases of Sample selection have been mentioned below.

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Phase one: On first phase the four states has been selected. Namely Maharashtra, Karla,
Uttar Pradesh and Delhi.

Phase two: On second phase, from each of the selected state two districts has been selected
based on prevalence of violence against women. These two districts from each
state include one highest prevalence district and one lowest prevalence district
in concern with violence against women. From each state following district has
been selected.

Table 3.1: States and Districts covered

S.No. State District Prevalence


1 Mumbai High
Maharashtra
2 Gadchiroli Low
3 Trivendrum High
Karla,
4 Waynadu Low
5 Lucknow High
Uttar Pradesh
6 Mirzapur Low
7 South east High
Delhi
8 North Low

Phase Three: On third phase, all the stake holders in the concern policy has been identified
and is has been decided that from each of the selected district these various stake
holders will be selected to have participation from all the sectors. The sample
from each of the stake holders has been selected using quota sampling of non-
probability sampling method.

Phase Four: On fourth phase, actual sample has been drawn with the help of availability
sampling method. Hence the study is based on non-probability sampling method.
The details of sample have been mentioned below.

Table 3.2: Sample size of each quota

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S.No. Category State District Prevalence Number of Unit selected Total


Mumbai High 35
Victims & Beneficiaries Maharashtra
Gadchiroli Low 18
Trivendrum High 25
Kerala
Waynadu Low 27
1 161
Uttar Lucknow High 21
Pradesh Mirzapur Low 26
South east High 7
Delhi
North Low 2
Mumbai High 19
Maharashtra
Police Officers & police

Gadchiroli Low 2
Trivendrum High 11
Karla
Stations

Waynadu Low 8
2 80
Uttar Lucknow High 18
Pradesh Mirzapur Low 6
South east High 7
Delhi
North Low 2
Mumbai High 13
Maharashtra
Gadchiroli Low 1
Public Prosecutor

Trivendrum High 5
Kerala
Waynadu Low 2
3 68
Uttar Lucknow High 10
Pradesh Mirzapur Low 21
South east High 4
Delhi
North Low 12
Mumbai High 7
Maharashtra
Officers &
Medical

Medical

Gadchiroli Low 1
4 38
Trivendrum High 0
Kerala
Waynadu Low 3

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Uttar Lucknow High 12


Pradesh Mirzapur Low 9
South east High 1
Delhi
North Low 5
Mumbai High 2
Maharashtra
Nirbhaya Fund Officers

Gadchiroli Low 1
Trivendrum High 0
Kerala
Waynadu Low 0
5 4
Uttar Lucknow High 0
Pradesh Mirzapur Low 1
South east High 0
Delhi
North Low 0
Mumbai High 16
Maharashtra
Gadchiroli Low 2
Social Counselors

Trivendrum High 1
Kerala
Waynadu Low 7
6 48
Uttar Lucknow High 7
Pradesh Mirzapur Low 3
South east High 9
Delhi
North Low 3

Geographical area of Study:

As the study, has been conducted in Maharashtra, Kerala, Uttar Pradesh and Delhi hence the
geographical area of the study is also same.

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Methods & Tolls of data Collection:

This study has been completed with the data from both primary and secondary source. The
details of the methods and techniques of data collection for this study has been mentioned
below.

Primary Source of Data:

The data from primary source has been collected with the help of interview method.
For conducting the interviews of various type of respondents, the six types of
structured interview schedules were specially developed.

Table 3.3: various tools of data collection

S.No. Tool ID Targeted Audience

1 Tool 1 Interview Schedule for victim from Public Prosecutor/Police

2 Tool 2 Interview Schedule for Police Officers & police Stations

3 Tool 3 Interview schedule for Public Prosecutor

Interview Schedule for Medical Officer in Government Hospital or


4 Tool 4
Private Medical Practitioner

5 Tool 5 Interview Schedule for Nirbhaya Fund Officers

6 Tool 6 Interview Schedule for Social Counsellors

Secondary Source of Data:

For collecting the data from the secondary sources a check list was prepared. And the
data have been collected from the books, journals, magazines, newspapers, and
internet.

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Chapter Plan

Chapter I Introduction

Chapter II Review of Literature

Chapter III Research Methodology

Chapter IV Realities of Victims & Beneficiaries

Chapter V Realities from Police Officers & police Stations

Chapter VI Realities from Public Prosecutor

Chapter VII Realities from Medical Officers & Medical Practitioners

Chapter VIII Realities from Nirbhaya Fund Officers

Chapter IX Realities from Social Counsellors

Chapter X Conclusions & Recommendations

Annexure

C. Tools of data Collections


D. Bibliography

Data Processing and Analysis:

As the study was purely quantitative in nature hence the data has been processed using SPSS.
The expert professional help has been taken for that. The Editing, Numbering, Classification,
Coding, Data definition file preparation, Data Entry and Analysis steps has been followed. To
understand the data more in depth the central tendency has also been calculated. As it was
non-probability sample based study hence measures of associations and mean differences
has not been calculated as it was not applicable.

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Limitations of the study:

 The geographical area of the study is large and the number of sample contributed data
is in small number in respect to size of universe hence there is limitations in
generalizing the findings to the larger universe.
 The study has been conducted in four states and only two districts have been covered
from each state hence there is no representation from the entire district. The study
also has covered only four states hence there is also not the representation from all
the states hence here also the findings of the study becomes limited.
 The data especially in concern with cases has been contributed by the concern
respondents. It is not certified data hence it has to assume that there is error in these
data. Hence the concern findings also get limited here.
 The study is based on non-probability sampling method hence there is no
proportionate or equal representation from all the district and state covered by this
study hence this study also gets limited here.
 The study is conducted on the violence against women in India. Bhartiya Stree Shakti
as a women’s organization decided to study the impact / situation of violence against
women in India. It was aimed to study the situation, prevalence and lodging the
complaints by victims in case of rape, acid attack, molestation etc. Following the
incident in 2012, the Govt. set up the NIRBHYA fund. The funds are mainly used for
prevention strategies.
 In 2013, the Criminal Law (Amendment) Ordinance, 2013 was promulgated by Hon.
President of India, several new laws were passed and six new fast track courts were
created to here rape cases.
 Like NIRBHYA fund many state government created funds to help victims. The
research conducted to understand facts of implementation of the Act and various
provisions made by the Central Govt.
 The study was conducted in high prevalence and low prevalence of crime in the four
states. The states were identified as per National Crime Records Bureau.
 The time for conducting the study was short and the subject was very vast.

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 It was very difficult to make departments understand the importance of the study.
They took very long time to provide data.
 There are different patterns of funding in States, they have developed their own funds
for the same.
 There is no case of acid attack in Gadchiroli and Waynadu. Molestation cases are filed
very rarely. So, all most all 80% data is of rape victims.
 RTI application has been filed for getting data. So, it is dependent on the systems for
data collection. It was difficult to get statistics from police station.
 We did not directly interview the victims as it is confidential in nature.

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Advisory Committee:

Table 3.4: Advisory Committee

S.No. Name Education Address Expert Experience

1 Dr. K S Jaysree M. A. Ph. D. Calicut, Women 20 years


Kerala issues

2 Ms. Nayana M.A. 145 South Gender 28 years


Sahasrabuddhe Avenue Issues
New Delhi

3 Dr. Maneesha Kothekar MD. Ayurveda 17, Atre Medicine and 30 Years
Layout, Women issue
Nagpur

4 Dr. Medha Somaiya M.Sc. Ph.D. 203, South Slum and 40 Years
Avenue Urban
Poverty
Women

5 Adv. Pradnya Parande L.L.B. Patel Nagar, Law and 20 Years


Delhi Women

Project Director: Dr. Vasanti Deshpande

Assistant Director: Dr. Jyoti Chauthaiwale

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CHAPTER IV

REALITIES OF VICTIMS & BENEFICIARIES

Introduction: explanations of tables?

Violence against women remains one of the most pervasive human rights violations of our
time, and one of the biggest global problems. Violence against women is a violation of
fundamental freedoms and rights, such as the right to liberty and security, as mentioned in
the Charter of Fundamental Rights of the European Union (EU, 2000). Violence against
women can be domestic as well as public, Physical, emotional or mental. Women have fear
of violence in their mind which causes the lack of participation in various areas of life. Fear
of violence in the women mind has been so deep which cannot be out easily even after
complete removal of violence against women in the society.

Around the world at least one woman in every three has been beaten, coerced into sex, or
otherwise abused in her lifetime. Every year, violence in the home and the community
devastates the lives of millions of women. Violence against women is rooted in a global
culture of discrimination which denies women equal rights with men and which legitimizes
the appropriation of women's bodies for individual gratification or political ends. The
problem has therefore received international attention. Victims can be of any age, sex,
race, culture, religion, education, employment or marital status. Although both
men and women can be abused, most victims are women. One of the causes of
violence against women in India is the male dominance. Women generally face various kinds
of crime like dowry death, sexual harassment, cheating, murder, girl child abuse, robbery,
etc. Violence against women which counted as crimes under the Indian Penal Code are rape,
kidnapping and abduction, physical and mental torture, dowry deaths, wife battering, sexual
harassment, molestation, importation of girls, etc. The cases of violence against women are
increasing day by day and becoming too broad. According to the National Crime Records
Bureau, women in India are unsafe in their marital home. Other types of common violence
against women in the society are domestic violence, acid attacks, rape, honor killings, dowry
deaths, abduction, and brutal behavior by husbands and in-laws. It is important to
understand the opinion and attitude of the women towards the problems and the situation

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due to the problem. This chapter deals with the realities of victim and their responses
towards the problems.

State wise data:

It is important to understand the state wise variation of the issues from the victim
perspective. Keeping this in mind four states has been identified and within the state
respondents has been identified from high prevalence and low prevalence area. The four
identified states are Maharashtra, Kerala, UP, Delhi. The detail has been reflected in the table
4.1 below.

Table:4.1: State wise data

Responses Frequency Percent


Maharashtra 53 32.9
Karla 52 32.3
UP 47 29.2
Delhi 9 5.6
Total 161 100.0

The Table 4.1 demonstrates the distribution of study area spread across the country. The
respondents were from four state including Maharashtra, Kerala, UP and Delhi. 161
respondents were considered for the study among which the majority 32.9 percentage
belong to the state of Maharashtra whereas 32.2 percentage belongs to Kerala. Victim
respondents from Delhi were very few.

Above data shows that though the rate of crime is high, victims are not willing to talk about
it.

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District wise data:

To understand the geographical variation of the respondents the study focused on the
distribution of the respondents according to the high and low prevalence area which is
demonstrated in the table 4.2 below.

Table:4.2: District wise data (give full form once)

Responses Frequency Percent


Mumbai (MHP) 35 21.7
Gadchiroli (MLP) 18 11.2
Trivendrum (KHP) 25 15.5
Waynadu (KLP) 27 16.8
Lucknow (UPHP) 21 13.0
Mirzapur (UPLP) 26 16.1
North (DLP) 2 1.2
South east (DHP) 7 4.3
Total 161 100.0

The table analysis of 4.2 depict that out of the total 161 respondents83 respondents were
from high prevalence area whereas 78 belonged to low prevalence area. In the state of
Maharashtra maximum respondents i.e. 21.7%percentagebelongs to high prevalence.
Whereas in case of Kerala the maximum respondents were from Waynadu which is identified
as low prevalence area. In the state of Uttar Pradesh 16.1%percentage belongs to Mirzapur
which is low prevalence area whereas 13%percentage of respondents belongs to Lucknow
which is high prevalence area. From Delhi 9 respondents were given their responses out of
which 7 were from the low prevalence area whereas 2 were from high prevalence area.

From the above table analysis, it is concluded that participation leveling the low
prevalence area was quite high as compare to the respondents from the high
prevalence area.

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Crime reported:

It is very much important that every crime against women should be reported. But many
cases did not come in to notice as many victim do not want to share the crime they were
victimized. Under Indian Penal code there are various section made under which the crime
of violence can be registered per the nature and intensity. To understand the type of case
registered under Indian penal code the effort has been made in this study which is reflected
in the table 4.3.

Table: 4.3: Crime reported

Section of registration Frequency Percent


Multiple 112 71.3
176 1 .6
354 17 10.8
376 26 16.6
509 1 .6
Total 157 100.0
TIP: 4 Respondents haven’t provided the data presented in table

The table 4.3 depicts the crime reported in the study area. Out of 161 respondents four
respondents did not shared their view regarding this. Out of the 157 respondents maximum
71.3 percentage of respondents shared that cases were registered under multiple section of
Indian Penal Code. Whereas 16.6% respondents shared that their cases were registered
under section 376 of Indian Penal Code. More over 10.8 percentage of respondents were
shared that their case registered under section of 354 of Indian Penal Code. Only one case
has been reported under section 509 of Indian penal code.

From the above table, it can be concluded that many of the crime related to violence of
women were falls under multiple section of the Indian Penal Code. Crimes under 176 of

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Indian Penal Code and under 509 of Indian Penal Code have lowest number of registered
case.

Prevalence wise crime reported:

Table: 4.4: Prevalence wise crime reported (avoid repetition of %, 0 before decimal e.g.
0.6)

Crime reported
Prevalence Total
Multiple 176 354 376 509
59 1 16 8 1 85
High
69.4% 1.2% 18.8% 9.4% 1.2% 100.0%
53 0 1 18 0 72
Low
73.6% .0% 1.4% 25.0% .0% 100.0%
112 1 17 26 1 157
Total
71.3% .6% 10.8% 16.6% .6% 100.0%

The table 4.4 demonstrates the segregation of the cases prevailed in the study area. Out of
the total 157 cases 85 cases belong to High prevalence area whereas 72 cases belong to low
prevalence area. Among the cases of high prevalence area maximum number of cases i.e. 64.9
percentage of cases were registered under multiple sections whereas18.8 percentage of
cases were registered under section 354 whereas 1.2 percentage of cases each were
registered under section 509 and 176. Among the cases registered in the low prevalence area
highest, 73.6 percentage of cases were registered under multiple sections whereas 16.6
percentage cases were registered under section 376.

From the above table analysis, it is concluded that the crimes of violence registered in both
the high and low prevalence areas are diverse in nature and hence registered in multiple
sections.

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Age of the Victims:

Age is an important demographic variable, which influences the composition and structure
of population. Age is period of human life, measured by years from birth, usually marked by
a certain stage or degree of mental or physical development and involving legal
responsibility and capacity. Age influences other factors like education, employment,
marriage, retirement, occupational composition work force, death rate and certain social and
cultural activities of the community. It refers to physical and psychological maturity of a
person hence the age of the respondents has been considered in the study.

Table:4.5: Age of the respondents

Responses Frequency Percent


Childhood (till 18 years) 55 35.0
Youth Age (29 to 35) 80 51.0
Adult Age (36 to 59) 18 11.5
Old Age (Above 60 Years) 4 2.5
Total 157 100.0
Mean 25.1401 Std. Deviation 11.8085

TIP: 4 Respondents haven’t provided the data presented in table

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Table:4.6 Prevalence wise Age of the respondents

Age of the Victim


Prevalence Childhood Youth Age Adult Age Old Age Total
(till 18 years) (29 to 35) (36 to 59) (Above 60 Years)
24 47 10 3 84
High
28.6% 56.0% 11.9% 3.6% 100.0%
31 33 8 1 73
Low
42.5% 45.2% 11.0% 1.4% 100.0%
55 80 18 4 157
Total
35.0% 51.0% 11.5% 2.5% 100.0%
TIP: 4 Respondents haven’t provided the data presented in table

Tables 4.5 and 4.6 provide information on percentage distribution of women aged 18-60
interviewed for the of Gender-Based Violence Survey the study area. According the table 4.5
the highest number of respondents that is 51% percentage were from the age group of 29 to
35 which is considered as youth age. The second highest groups of respondents were from
the age group child hood which is up to the age group of 18 years.

The table 4.6 further shows the distribution of respondents based on the high and low
prevalence area. Out of the 84 respondents from high prevalence area highest, 56 percentage
of respondents belongs to the age group of 29 to 35 years of age whereas the second highest
groups i.e. 28.6 percentage of respondents belongs to childhood groups. The scenario is
almost same in the low prevalence area where a maximum percentage i.e. 45.2 percentage
of respondents belongs to the age group of 29 to 35 years of age whereas 42.5 percentage
belongs to childhood groups.

The above table analysis concludes that women at their youth age are more prone to be the
victim of violence followed by child hood.

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Educational level of the victims:

Education is one of the most important characteristics that might affect the person’s
attitudes and the way of looking and understanding any social phenomena. In a way, the
response of an individual is likely to be determined by his educational status and therefore
it becomes imperative to know the educational background of the respondents. Hence the
variable ‘Educational level’ was investigated by the researcher and the data pertaining to
education is presented in Table 4.7

Table: 4.7: Educational level of the victims

Educational level of the victim

Graduation

Graduation
Secondary

Secondary
illiterate

(8 to 10)
Primary

Primary
Prevalence Total
(1 to 4)

(5 to 7)
Middle

Higher

Post-

Pre-
5 9 9 20 12 15 1 0 71
High
7.0% 12.7% 12.7% 28.2% 16.9% 21.1% 1.4% .0% 100.0%
12 9 19 16 9 6 0 1 72
Low
16.7% 12.5% 26.4% 22.2% 12.5% 8.3% .0% 1.4% 100.0%
17 18 28 36 21 21 1 1 143
Total
11.9% 12.6% 19.6% 25.2% 14.7% 14.7% .7% .7% 100.0%
TIP: 18 Respondents haven’t provided the data presented in table

Table 4.4 shows that about 25.2 percent of the respondents were educated up to secondary
school and relatively lesser number of them, 19.6 percent was educated up to middle school
level. The number of respondents attaining higher education was very few. Only 0.7 per cent
of the respondents were educated up to the post graduates level. A considerable number of
respondents were illiterates.

The segregation of the respondents as per the high and low prevalence area shows that In
High prevalence area maximum victim were educated up to secondary level.

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It can be concluded from the Table above that by and large the respondents were progressive
in education but they were still far away from the higher education which is so important
today to create a knowledge based society.

Caste Category of the victim:

Table: 4.8: Caste Category of the victim (full form and explanations of SC, ST…)

Caste category of the victim


Prevalence Total
NT/DNT ST SC OBC General
1 4 9 13 20 47
High
2.1% 8.5% 19.1% 27.7% 42.6% 100.0%
2 21 15 14 20 72
Low
2.8% 29.2% 20.8% 19.4% 27.8% 100.0%
3 25 24 27 40 119
Total
2.5% 21.0% 20.2% 22.7% 33.6% 100.0%
TIP: 42Respondents haven’t provided the data presented in table

The table 4.8 demonstrates the case wise distribution of respondents victim in the high and
low prevalence area. Out of the total 161 respondents castes of 42 victims are not known.
Out of the total 119 respondents47 respondents belong to high prevalence area whereas 72
were from low prevalence area. In the high prevalence area, the maximum numbers of
victims such as 42 percentage belongs to General caste category whereas 27.7 percentage
belongs to Other Backward class. In Low prevalence area, maximum number of respondents
i.e. 27.8 percentage belongs to general caste category followed by 20.8 percentage of
respondents belongs to Scheduled caste category.

From the above table analysis, it can be concluded that caste does not matter where violence
against women is concern. It is across the caste category.

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Religion of the Victims:

Table: 4.9: Religion of the Victims

Religion of the victim


Prevalence Total
Hinduism Christianity Islam Buddhism
73 4 10 1 88
High
83.0% 4.5% 11.4% 1.1% 100.0%
62 4 6 1 73
Low
84.9% 5.5% 8.2% 1.4% 100.0%
135 8 16 2 161
Total
83.9% 5.0% 9.9% 1.2% 100.0%

Table 4.9 demonstrates the segregation of the respondents based on their religion. Maximum
of the respondents in both the high and low prevalence area are Hindus. In both the high and
low prevalence are maximum victims i.e. 83 percentage in high prevalence area and 84.9
percentage in low prevalence area were belongs to Hindu religion whereas 11.4 percentage
of victim from high prevalence area and 8.2 percentage of respondents from low prevalence
area belong to Islam religion.

From the above table analysis, it can be concluding that victim of violence found across the
religion. As the society is more dominated by the Hindu religion the numbers of Hindu
religion show highest.

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Place of residence of the victim:


Table: 4.10: Place of residence of the victim
Place of residence of the victim
Prevalence Total
Urban – Slum Urban - Non-Slum Rural Tribal
39 28 16 0 83
High
47.0% 33.7% 19.3% .0% 100.0%
13 3 40 17 73
Low
17.8% 4.1% 54.8% 23.3% 100.0%
52 31 56 17 156
Total
33.3% 19.9% 35.9% 10.9% 100.0%
TIP: 5 Respondents haven’t provided the data presented in table

The table 4.10 depicts the distribution of the respondents based on the place of residence of
the victim. Out of the total 161 respondents five respondents did not provided the
information. Out of the 151 respondents 83 were from high prevalence area whereas 73
belongs to low prevalence area. In high prevalence area, highest 47 percentage resides in the
urban slums whereas 33.7 percentage resides in the urban non-slum area. whereas victims
belong to rural area in high prevalence area is 19.3 percentage. In low prevalence area,
highest number of victims i.e. 54.8 percentage belongs to rural area whereas 23.3 percentage
belongs to tribal area. From the above table analysis, it can be concluding that most of the
victims belong to underprivilege section of the society.

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Victim’s Complaint registered by:

Table: 4.11: Victim’s Complaint registered by


Who registered the complaint of the victim?
Prevalence
Parents of Guardian/ NGO/ Both Total
Victim Husband Friend
the Victim Relative Counselor 1& 2
High 49 31 3 1 1 2 1 88
55.7% 35.2% 3.4% 1.1% 1.1% 2.3% 1.1% 100.0%
Low 34 31 8 0 0 0 0 73
46.6% 42.5% 11.0% .0% .0% .0% .0% 100.0%
83 62 11 1 1 2 1 161
Total
51.6% 38.5% 6.8% .6% .6% 1.2% .6% 100.0%

The table 4.11 demonstrates the distribution of the respondents based on the person
respondents registering the complaint of violence. In both the high and low prevalence area
maximum number of case i.e. 55.7 percentage in high prevalence area and 46.6 percentage
in low prevalence area, are registered by the victim themselves. Secondly most of the cases
in both the areas were registered by parents of the victim. In high prevalence are 35.2
percentage of cases and in low prevalence are 42.5 percentage of cases were registered by
the parents.

From the above table analysis, it can be concluded in both the area victims are getting more
aware and are strong enough to register the cases which is a positive sign.

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Injury while filing case:

Table: 4.12: Injury while filing case

Were victim injured when


Prevalence victim reported the case Total
No Yes
53 35 88
High
60.2% 39.8% 100.0%
53 20 73
Low
72.6% 27.4% 100.0%
106 55 161
Total
65.8% 34.2% 100.0%

The table 4.12 depicts the number of respondents who are injured at the time of reporting
the case of violence at the police station. In high prevalence area, out of 88 respondents 60.2
percentage of respondents was injured whereas in low prevalence area 72.6 percentage of
respondents were injured.

From the above table analysis, it can be concluded maximum number of respondents gets
physical injuries in the event of violence by the man.

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Medical Examination of the victim:

Table: 4.13: Medical Examination of the victim

When were victim medically examined


Prevalence Within 24 After 24 Before the After the FIR Total
Never
hours hours FIR filing filing
35 5 4 16 24 84
High
41.7% 6.0% 4.8% 19.0% 28.6% 100.0%
5 17 5 43 1 71
Low
7.0% 23.9% 7.0% 60.6% 1.4% 100.0%
40 22 9 59 25 155
Total
25.8% 14.2% 5.8% 38.1% 16.1% 100.0%
TIP: 6 Respondents haven’t provided the data presented in table

The table 4.13 demonstrates the prevalence of the medical examination of the victims
immediately after the event of violence. In this section, six respondents did not share their
response. Out of the 155 respondents 84 were from high prevalence area whereas 71belong
to low prevalence area. In high prevalence area 41.4 percentage of respondents states that
their case was registered within 24 hours of the violence whereas shockingly 28.6
percentage of respondents shared that they never went through the medical examination. In
low prevalence area, similarly 25.8 percentage of respondents agreed that they went
through the medical examination within 24 hours of the event where 16. 1 percentage of the
respondents shared that they never went through the medical examination.

The above table analysis concluded that still in both the high and low prevalence area
conducting medical examination immediately after the event is a shortcoming. Many victims
were not gone through the medical examination immediately.

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Place of Crime:

Table: 4.14: Place of Crime

Where did the crime take place

Other district strange place

At the residence of accused


workplace/school/college

workplace/school/college

workplace/school/college
Near the residence

On the way to the


Prevalence

Public place

Secluded pl
Bus/metro
residence

Taxi/Cab
Near the

Total

Forest
Lodge
At the

At the

28 16 18 7 2 1 0 6 4 2 0 1 2 87
High
32.2% 18.4% 20.7% 8.0% 2.3% 1.1% .0% 6.9% 4.6% 2.3% .0% 1.1% 2.3% 100.0%
21 23 6 4 6 0 1 1 5 0 2 2 1 72
Low
29.2% 31.9% 8.3% 5.6% 8.3% .0% 1.4% 1.4% 6.9% .0% 2.8% 2.8% 1.4% 100.0%
49 39 24 11 8 1 1 7 9 2 2 3 3 159
Total
30.8% 24.5% 15.1% 6.9% 5.0% .6% .6% 4.4% 5.7% 1.3% 1.3% 1.9% 1.9% 100.0%
TIP: 2 Respondents haven’t provided the data presented in table

The table 4.14 demonstrated the nature of the place where the victims were victimized.
According to the table 13 different places were identified where the victim were faced
violence. Out of the total 161 respondents, 2 did not share their opinion out of them one is
from high prevalence area and one is from low prevalence area. In high prevalence area 32.2
percentage of violence took place at the neighborhood whereas 18.4 at the side of residence
and 20.7 percentage was at the workplace whereas in the low prevalence area 30.8
percentage of cases were near the neighborhood and 15.1 percentage of cases at the house
side and 15.1 percentage of cases took place within the work place.

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The above table analysis concludes that most of the violence takes place where the women
feel secure because the neighborhood, house side and work place is the place where the
victim surrounded by the known person and comes in contact almost every day.

Accompanied victim when the crime took place:

Table: 4.15: Accompanied victim when the crime took place

Who accompanied victim when the crime took place


Prevalence Along
Along with Male and Total
Alone with one In a group Children
one female Female
male
65 7 4 10 1 1 88
High
73.9% 8.0% 4.5% 11.4% 1.1% 1.1% 100.0%
44 20 4 5 0 0 73
Low
60.3% 27.4% 5.5% 6.8% .0% .0% 100.0%
109 27 8 15 1 1 161
Total
67.7% 16.8% 5.0% 9.3% .6% .6% 100.0%

The table 4.15 depicts the response of the victim regarding who was the accompanier while
the incidence happens. 73.9 percentage of respondents from the high prevalence area and
60.3 percentage of respondents in low prevalence area were the victims of the violence while
they were alone whereas 8 percentage of respondents from high prevalence area and 27.4
percentage of respondents from low prevalence area faced the crime while they were
accompanied by one male member.

The above table analysis concluded that most of the crime of violence took place while the
victims were alone. Surprisingly crime also took place while victim was in a group. So,
women are not safe whether they are alone, accompanied by a person or in a group.

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Time of Crime:
Table: 4.16: Time of Crime
When did, the crime take place
Prevalence Total
Day (8 am to 7 pm) Night (8 pm to 7 am)
68 17 85
High
80.0% 20.0% 100.0%
44 28 72
Low
61.1% 38.9% 100.0%
112 45 157
Total
71.3% 28.7% 100.0%
TIP: 4 Respondents haven’t provided the data presented in table

The table 4.16 portray the hours of the day when the victim women face the violence. Out of
the total 161 respondents 4 respondents did not shared their response. Out of them three
were from the high prevalence area and one was from the low prevalence area. In high
prevalence area 80 percentage of the victims responded that they faced the crime in the day
time which is similar in case of low prevalence area where 61.1 percentage of the victims
reported that they face the violence in the day time.

From the above analysis, it can be concluded that as in the day time women are out of the
home for different activities they found alone or accompanied by one or few accompanier
and taking the advantages of loneliness the culprit commit violence against the women.

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Who was Accused:

Table: 4.17: Who was Accused

Who was the accused Total


Prevalence
Known to Family
Stranger Neighbor Friend Husband
the victim member
12 49 9 9 6 1 86
High
14.0% 57.0% 10.5% 10.5% 7.0% 1.2% 100.0%
4 45 14 6 3 0 72
Low
5.6% 62.5% 19.4% 8.3% 4.2% .0% 100.0%
16 94 23 15 9 1 158
Total
10.1% 59.5% 14.6% 9.5% 5.7% .6% 100.0%
TIP: 3 Respondents haven’t provided the data presented in table

The table 4.17 represents the response of the victim regarding who commit the crime against
them. Out of the total respondents 3 did not share their opinion and out of them two were
from the high prevalence area and one was from the low prevalence area. Maximum number
of crimes was committed by the person known to victim. In high prevalence area 57
percentage of cases committed by the person who is known to victim whereas 62.5
percentage of cases in low prevalence area are committed by the person known to the victim.
Out of the total only 14 percentage of crime in high prevalence area was committed by the
stranger whereas 5.6 percentage of crime was committed the stranger.

The above table analysis concluded that in most of the cases of violence, the accused was
known person who is from family, neighbor, from other places or friends upon whom the
victim have trust and faith.

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Age of the accused:

Table: 4.18: Age of the accused


Responses Frequency Percent
Childhood (till 18 years) 5 3.9
Youth Age (29 to 35) 87 68.5
Adult Age (36 to 59) 31 24.4
Old Age (Above 60 Years) 4 3.1
Total 127 100.0
Mean 31.8110 Std. Deviation 10.61500
TIP: 34 Respondents Haven’t provided the data presented in table

Age of the accused according to Prevalence:

Table: 4.19: Age of the accused according to Prevalence


Age of the accused
Prevalence
Childhood Youth Age Adult Age Old Age Total
(till 18 years) (29 to 35) (36 to 59) (Above 60 Years)
3 40 17 2 62
High
4.8% 64.5% 27.4% 3.2% 100.0%
2 47 14 2 65
Low
3.1% 72.3% 21.5% 3.1% 100.0%
5 87 31 4 127
Total
3.9% 68.5% 24.4% 3.1% 100.0%

TIP: 34 Respondents haven’t provided the data presented in table


The table 4.18 and 4.19 depict the age wise distribution of the accused. Table 4.18 shows the
overall age wise distribution of the accused whereas table 4.19 depict the distribution of the
accused according to the age in high and low prevalence area. 34 victims did not the shared
the age of the accused. out of them 26 were belongs to the high prevalence area and 8 were
from low prevalence areas. Maximum accused from the youth age. 64.5 percentage of

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respondents from high prevalence area shared that the accused were youth whereas 72.3
percentage of respondents in low prevalence area were youth. Surprisingly 4.8 percentage
of responded in high prevalence area and 3.1 percentage of respondents in low prevalence
area claimed that the victims were the age of below 18 years. and 3.2 percentage of
respondents in high prevalence area and 3.1 percentage of respondents in low prevalence
area claimed that the accused were above 60 years of age.

From the above table analysis, it can be concluded the accused were across the age groups,
however the percentage of accused is high from the youth and adult age group

Number of accused:

Table: 4.20: Number of accused


Number of accused Total
Prevalence
1 2 3 4 5 7
46 17 17 7 1 0 88
High
52.3% 19.3% 19.3% 8.0% 1.1% .0% 100.0%
41 18 8 4 1 1 73
Low
56.2% 24.7% 11.0% 5.5% 1.4% 1.4% 100.0%
87 35 25 11 2 1 161
Total
54.0% 21.7% 15.5% 6.8% 1.2% .6% 100.0%

The table 4.20 depicts the number of persons involved in the crime of violence according the
victim women. In maximum number of cases such that according to 52.3 percentage of
victim in high prevalence area one person only engaged in the crime whereas in low
prevalence area 56.2 percentage of respondents told that only one person was engaged in
the crime. According to 19.3 percentage of victim of high prevalence area two individuals
were engaged in the crime whereas in low prevalence area according to 24.7 percentage
respondents two accused were involved in the crime. Shockingly in one case each in high and
low prevalence area more than five persons were engaged in the crime and in low prevalence
area in one incidence 7 accused were engaged in the crime.

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The above table analysis concluded that although in both the high and low prevalence area
the percentage of crime in which one accused in engaged is quite high but then in quite
number of cases, the accused were more than one, which is a serious concern.
Treatment by police:

Table: 4.21: Treatment by police


How were victim treated by the police
Prevalence Initially
Total
Respectfully Humiliated Neglected neglected but No FIR
later rape
51 20 7 2 0 80
High
63.8% 25.0% 8.8% 2.5% .0% 100.0%
50 19 2 0 1 72
Low
69.4% 26.4% 2.8% .0% 1.4% 100.0%
101 39 9 2 1 152
Total
66.4% 25.7% 5.9% 1.3% .7% 100.0%
TIP: 9 Respondents haven’t provided the data presented in table

Table 4.21 depicts the response of the victim respondents towards the treatment of the
police they receive in the process of dealing the case. Out of the total 161 respondents 9 did
not share their opinion. Out of the 9 respondents 8 were from high prevalence area and one
belongs to low prevalence area. 63.8 percentage of respondents from high prevalence area
and 66.4 percentage of respondents from low prevalence area agreed that they were treated
by the police respectfully. However,25 percentage of respondents from high prevalence area
and 26.4 percentage of respondents from low prevalence area claimed that they were
humiliated by the police. One respondent from low prevalence area claimed that his FIR has
not been registered by the police.

From the above table analysis, it can be concluded that in maximum cases the police dealt
with the victim respectfully but the insensitiveness towards the victims is quite high among
the police officers which needs to be addressed.

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Counseling:

Table: 4.22: Counseling

Were victim given counseling


Prevalence Total
No Yes
67 21 88
High
76.1% 23.9% 100.0%
32 41 73
Low
43.8% 56.2% 100.0%
99 62 161
Total
61.5% 38.5% 100.0%

The table 4.22 depicts the responses of the victims regarding whether they were given
counseling or not. Surprisingly quite several victims did not receive counseling. 76.1
percentage of victims from high prevalence area and 43.8 percentage of respondents from
low prevalence area claimed that they did not receive the counseling service while going
through the case. As compared to high prevalence area in low prevalence area the victim
claimed that they received the counseling services.

From the above table analysis, it can be concluded that although counseling service is the
utmost requirement during the process of dealing of the cases, the services is neglected in
both the areas. Although percentage wise it is high in high prevalence area but few are
neglected in term of counseling services. It should be considered sensitively.

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Availing the free legal aid:

Table: 4.23: Availing the free legal aid


Did victim avail the free legal aid facility
Prevalence Total
No Yes
64 15 79
High
81.0% 19.0% 100.0%
29 44 73
Low
39.7% 60.3% 100.0%
93 59 152
Total
61.2% 38.8% 100.0%
TIP: 9 Respondents haven’t provided the data presented in table

The table 4.23 represents the response of the victims regarding the availing of free legal aid
services. Out of the total 161 respondents 9 did not respond. Out of the 9 respondents all
were from high prevalence area. In the high prevalence area 81 percentage of respondents
claimed that they did not receive the free legal aid services. Whereas in low prevalence area
60.3 percentage of respondents claimed that they have received the free legal aid services.

From the above table analysis, the utilization of free legal aid services is quite good in the
low prevalence area. In high prevalence area, the reasons of the non-utilization of services
need to be identified.

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Status of Victim’s Case:

Table: 4.24: Status of Victim’s Case


Was victim’s case resolved
Prevalence Total
No Yes
48 32 80
High
60.0% 40.0% 100.0%
23 50 73
Low
31.5% 68.5% 100.0%
71 82 153
Total
46.4% 53.6% 100.0%
TIP: 8 Respondents haven’t provided the data presented in table
Table 4.24 demonstrates the overall scenario of the cases whether it pending or resolved
based on the response of the victim. Out of the 161 respondents 8 respondents did not share
their opinion and all of them belong to high prevalence area. In high prevalence area 60
percentage of the victims told that their cases have not been resolved till now whereas
maximum 68.5 percentage of respondents belongs to low prevalence area agreed that their
cases has been resolved.

From the above table analysis, it can be concluded that the trends of resolving cases in low
prevalence area as compare to high prevalence area is quite positive however quite number
of cases still pending.

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Benefit from Compensation Fund:

Table: 4.25: Benefit from Compensation Fund

Did victim get any benefit from


Prevalence
Compensation Fund or similar Fund Total
No Yes
58 16 74
High
78.4% 21.6% 100.0%
47 16 63
Low
74.6% 25.4% 100.0%
105 32 137
Total
76.6% 23.4% 100.0%

TIP: 24 Respondents haven’t provided the data presented in table


Table 4.25 depicts the responses of the victims in term of their opinion regarding whether
they received any compensation fund or similar fund. Out of the total respondents 24 did
not share their response out of them 14 was from to high prevalence area whereas 10 belong
to low prevalence area. Among the respondents of high prevalence area 78.4 percentage of
respondents and 74.6 percentage of respondents from low prevalence area shared that they
did not receive compensation fund or similar fund.

The above table analysis concludes that the utilization of the benefits of compensation fund
or from similar fund is very limited. The reason need to be identified and people must aware
about it.

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Amount Allotted in Rupees:

Table: 4.26: Amount Allotted in Rupees

How much fund was allotted


Prevalence Total
25000 30000 50000 300000
1 1 5 9 16
High
6.3% 6.3% 31.3% 56.3% 100.0%
16 0 0 0 16
Low
100.0% .0% .0% .0% 100.0%
17 1 5 9 32
Total
53.1% 3.1% 15.6% 28.1% 100.0%
TIP: 129 Respondents haven’t provided the data presented in table

The table 4.25 represents the victims who received the benefit of the compensation fund and
the amount they received as financial support. Only 32 respondents received the benefit of
the fund. In both the high and low prevalence area maximum number of beneficiaries such
as 56.3 percentage in high prevalence area and 28.1 percentage in low prevalence area
received the benefits of Rupees 300000 (Rupees three lakhs)

From the above table analysis, it can be concluded that very few victims have received the
financial support and out then some have received financial support more than rupees 50
thousand. The reason needs to be studied and the community needs to be aware about the
financial support given under this.

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Provided help for rehabilitation:

Table: 4.26: Provided help for rehabilitation

Were victim provided help for


Prevalence
rehabilitation Total
No Yes
64 8 72
High
88.9% 11.1% 100.0%
57 12 69
Low
82.6% 17.4% 100.0%
121 20 141
Total
85.8% 14.2% 100.0%
TIP: 20 Respondents haven’t provided the data presented in table

The table 4.26 depicts the rehabilitation scenario provided to the victim of violence.
According to the table out of 161 respondents, 20 did not share their opinion and out of them
16 were from high prevalence area and four belong to low prevalence area. In high
prevalence area 88.9 percentage and in low prevalence area 82.6 percentage of respondents
said that they did not receive any rehabilitation support.

From the above table analysis, it can be concluded that in both the high and low prevalence
area the rehabilitation support extended to the victim is quite low.

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Economic help to the victim to survive:

Table: 4.27: Economic help to the victim to survive


Were victim provided any help to
Prevalence survive economically Total
No Yes
58 4 62
High
93.5% 6.5% 100.0%
49 1 50
Low
98.0% 2.0% 100.0%
107 5 112
Total
95.5% 4.5% 100.0%
TIP: 49 Respondents haven’t provided the data presented in table

The table 4.27 demonstrates the opinion of the respondents regarding the economic support
extended to the victim. Out of the total 161 respondents 49 did not share their response
among which 26 were belong to high prevalence area and 23 belongs to low prevalence area.
93.5 percentage from high prevalence area and 95.5 percentage of respondents from low
prevalence area told that they did not receive any economic support.

Summary:

The chapter highlights the various aspects of the violence according to the response from the
victims. The district wise and area wise distribution of the respondents indicate that the
victims are across the area. Percentage wise differences are observed but the cases of
violence are found across the geographical area and within the high and low prevalence area.
Similarly, the socio demographic features of the respondents show that the cases of violence
are found across the group of people there is no difference based on religion, caste, education
etc. Every age group of women has faced violence in their life.

Most of the cases of violence generally took place during the day in which the women are out
of the home for livelihood activities and no family members or friends are around.

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Surprisingly in most of the cases the accused are the persons known to the victim or may be
a person from the neighborhood or a family member. It shows that how much women are
safe among the people they know well. Generally, the misconception is that unfamiliar
persons or strangers are big threats for women but the reality is completely opposite.
Women are not safe among the people they know well. In today’s context, still the women
remain alone to face the consequences. from this chapter, it was clear that in many cases the
women go alone for registering the case and in many instances, they did not get proper
treatment from the concerned police officer. As far as services are concerned, many have
received the counseling services but many are deprived of counseling. Many of them have
not received the free legal aid and financial support.

For prevention and control of crime the women need to be aware and to be trained for their
self-defeating behavior and how to identify and protect themselves from the accused as most
of the accused are nearby and in the network of known people. They should be aware about
the provision and services meant for the victim of violence like counseling, free legal aid,
financial benefit so that they can avail these facilities.

Most importantly the police department and the concerned officers need to be trained to
develop sensitivity so that they can deal with the victim with more compassion and care.

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CHAPTER V

REALITIES FROM POLICE OFFICERS & POLICE STATIONS

Introduction:

Constitutionally, every crime should be reported, and every woman who faced violence of
any form should get justice. The trends of reporting influenced by various socio-cultural
factors and the justice systems and the attitude of the person associated with the justice
system at various level. In India, the rate of unreported sexual violence is "far higher" than
statistics indicate.

Historically, in many States, police responses to violence against women have been typified
by uneven service delivery, underreporting by both police and victims, and victim
dissatisfaction. In the eyes of victims, and society in general, police officers are one of the
main sources of help available to victims in case of violence. Attitude of Police is important
in facilitating a sense of safety and comfort in women seeking justice-system support for
protection. It also has an important symbolic function. Indeed, police officers attitude and
responses towards violence send a clear message to victims, offenders, and the wider
community, concerning the level of social disapproval and reprobation, or conversely social
tolerance, toward this kind of violence. First, attitude of police may shape victims’
perceptions of police responses and helpfulness, determining their future willingness to
report incidents and call the police for help (Apsler, Cummins, & Carl, 2003. Second, police
attitudes are likely to determine the assessment and responses to incidents (Belknap, 1995;
DeJong, Burguess-Proctor, & Elis, 2008; Logan, Shanon, & Walker, 2006; Robinson &
Chandek, 2000). Different police attitudes may also directly affect, by facilitating or
inhibiting, the entry of cases of partner violence against women into the legal system (Jordan,
2004; Rebovich, 1996; Smeenk & Malsch, 2005).

In this chapter the interview was conducted along with the police officers of the different
police station in both the high and low prevalence area to understand the status and their
attitude and opinion towards the issues of violence against women and their proactiveness

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and initiatives to help the victim of the violence for extending the justice to her. The chapter
consist almost twenty-six questions related to the crime scenario in the different area and
police officer’s opinion about crime, complain procedure, handing of the cases, finalization
of the cases, pending cases etc.

State wise distribution:

The crime related to women violence scenario is different state wise and within the state,
region wise. In some states the crime of violence against women is quite high. In the same
way within the district within some region the cases are high. Therefore, it is important to
understand the scenario. To understand the situation four states have been considered
including Maharashtra, Kerala, UP and Delhi and within these four states two area has been
identified as low and high prevalence area. The study area has been depicting in the table 5.1
below.

Table: 5.1: State wise distribution

Responses Frequency Percent


Maharashtra 21 26.3
Karla 19 23.8
UP 24 30.0
Delhi 16 20.0
Total 80 100.0

The table 5.1 discloses the number of police officers who were the respondents for the study.
Exact 30 per cent police officers were from the state of Uttar Pradesh whereas 26.3 per cent
respondents were from state of Maharashtra. More over 23.8 per cent police officers were
from state of Kerala whereas 20 per respondents were from Delhi. All these findings clearly
indicate that the number of police officers is directly related to the geographical size of the
study area. The bigger the size of the study area the more is the number of respondents.

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District Wise Distribution:

To identify the low prevalence area and high prevalence area in the study district two
districts from each state has been considered. In Maharashtra, Mumbai as high prevalence
area and Gadchiroli as low prevalence area whereas in Kerala Thiruvananthapuram as high
prevalence area and Waynad as low prevalence area. In Uttar Pradesh Lucknow, as high
prevalence area and Mirzapur as low prevalence area and in Delhi North Delhi as High
prevalence area and South East Delhi as low prevalence area were considered which is depict
in the table 5.2

Table: 5.2: District Wise Distribution

Responses Frequency Percent


Mumbai (MHP) 19 23.8
Gadchiroli (MLP) 2 2.5
Trivendrum (KHP) 11 13.8
Waynadu (KLP) 8 10.0
Lucknow (UPHP) 18 22.5
Mirzapur (UPLP) 6 7.5
North (DHP) 7 8.8
South east (DLP) 9 11.3
Total 80 100.0

The table 5.2 depicts the distribution of respondents according to the area of low and high
prevalence of case related to violence against women in the five districts. In all the study
District, maximum respondents belong to the High prevalence area whereas In Delhi
Maximum respondent police officers belongs to the low prevalence area. All this finding
clearly indicates that the number of police officers in the High prevalence area is quite high
whereas in the low prevalence area the number of police officer’s availability is less.

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Prevalence:

Table: 5.3: Prevalence

Responses Frequency Percent


High 57 71.3
Low 23 28.8
Total 80 100.0

The table 5.3 illustrates the overall distribution of respondent police officers based on the
high and low prevalence area. Out of the total 80 police officers 57(71.3%) belongs to the
high prevalence area whereas only 28.8 per cent belongs to the low prevalence area. The
above findings clearly indicate that the concentration of number of police officers in the high
prevalence area is quite high then the concentration of number of police officers in the low
prevalence area.

Cases registered in police Station as FIR:

FIR is a very important document as it sets the process of criminal justice in motion. It is only
after the FIR is registered in the police station that the police take up investigation of the case
therefore It is important to register a complaint with the police regarding the incidence of
violence. But in Indian context the scenario is quite different and many women who face the
violence never report to any one due to the social stigma associated with it. Hence it is
important to study the trends of reporting of case related to violence against women in the
study area. Therefore, the efforts have been made to study the frequency of cases reported
to police for further legal action which is demonstrated in the table 5.4 below.

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Table: 5.4: Cases registered in police Station as FIR

Assault on women
Insult to
Acid with intent to Kidnapping
Year Prevalence Rape modesty of Total
Attack outrage her & Abduction
Women
Modesty

104 0 305 77 36 522


High
19.9 0.0 58.45 14.7 6.9 100.0
2011
70 0 59 30 5 164
Low
42.7 0.0 35.9 18.3 3.1 100.0

85 1 249 159 50 544


High
15.7 0.2 45.8 29.2 9.1 100.0
2012
38 0 60 37 14 149
Low
25.5 0.0 40.4 24.8 9.3 100.0

146 1 453 225 73 898


High
16.2 0.1 50.4 25.1 8.2 100.0
2013
78 0 80 61 13 232
Low
33.6 0.0 34.5 26.3 5.6 100.0

183 0 576 181 128 1068


High
17.3 0.0 53.9 16.9 11.9 100.0
2014
66 4 85 46 11 212
Low
31.1 1.9 40.1 21.7 5.2 100.0

200 0 662 306 279 1447


High
2015 13.8 0.0 45.7 21.2 19.3 100.0

Low 106 3 98 76 22 305

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34.6 0.9 32.3 24.9 7.3 100.0

1076 9 2627 1198 631 5541


Total
19.4 0.2 47.4 21.6 11.4 100.0

The table 5.4 illustrates the level of difference of cases reported in the low prevalence and
high prevalence area between the year 2011 to 2015. Five different crimes have been
considered in this table to understand the nature of crime. It is noticeable that as far as cases
of rape is concerned after 2013 the cases are in increasing trends in the high prevalence area
whereas in low prevalence area the trends are fluctuating as there is low incidence of rape
cases in the year 2014 as compare to the cases of 2013 and then again in 2015 the numbers
are 106, which is quite high.

The incidence of acid attack case is quite low as compare to other form of crime against
women. The cases are very low before 2013. It is noticed that before 2013 in the year 2012
there is only once case of acid attack was reported in the study area and same in the year
2013. However, the cases of acid attack showed slightly increasing trends after 2013. There
are seven cases reported in the study area within two year and out of this seven, four
incidences happened in the year 2014 and three cases in the year 2015.

Assault on women with intent to outrage her Modesty was the single largest reported case
among all the cases of violence against women. In both the high prevalence and low
prevalence area the trends of cases are in increasing order.

As far as cases of insult to modesty of women are concerned the cases are in increasing
trends in both the study area. The cases of kidnapping & abduction are also showed
increasing trends in a rapid manner. In both the high prevalence and low prevalence area
the reported cases are increasing very rapidly.

Based on the findings of the table 6.3 it can be concluded reporting of all the case of violence
against women are in increasing trends both in the high prevalence area and low prevalence
area. Reporting of the cases is increased very rapid after 2013. Although the reported cases
are quite low in the low prevalence area as compare to its counterpart but the reporting of
cases is in increasing trends as compare to previous years.

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Presence of Women constable while recording statement:

To address the cases of violence effectively according to law the female constable must write
the statement narrated by the victim (the constable should not ask victim to write statement
as there are high % of victim women who does not know how to write))and the interview
should be recorded so that the constable does not distort the facts written as told by victim
and then the victim statement should be signed by victim or any relative present during that
time if victim is not in a position to read and write or sign. To understand the reality in the
study area the aspect has considered in the study and reflected in the table 5.5.

Table: 5.5: Presence of Women constable while recording statement

Is woman constable present at the


Prevalence time of recording the statement? Total
No Yes

1 56 57
High
1.8% 98.2% 100.0%

1 21 22
Low
4.5% 95.5% 100.0%

2 77 79
Total
2.5% 97.5% 100.0%

TIP: 1 Respondents haven’t provided the data presented in table

The table 5.5 depicts the distribution of the respondents as per the view of the respondents
towards the presence of women constable at the time of recording the statement. In both the
area the scenario is same. Only one respondent from both the area shared that there is
occasion in which the female constable was absent during the time of recording of the case.
Whereas 98.2 per cent responds from high prevalence area and 95.5% respondents from
low prevalence area agreed that there was female constable during the recording of the case.

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Based on the above findings it can be concluded that in both the places the basic requirement
is fulfilled according to the law however there are few incidences where the complaints were
recorded in absence of women constable which should be taken in to consideration seriously
by the department.

Others’ Presence while recording the statement:

The Women victims should be dealt with utmost sympathy and sensitivity. Behavior towards
the victim should be extremely courteous. In state of going alone for recording the case may
create lot of fear and humiliation. In such situation if some other person accompanies the
victim it will be a support system for them. Therefore, the victim should be accompanied by
the family members and may be also by the professional group for their support and comfort
during her time of crisis. To understand the circumstances the aspect of accompaniment of
the victim by other support systems for lodging FIR in the study area has been considered
and reflected in the table 5.6.

Table: 5.6: Others’ Presence while recording the statement

Who else is present while recording the statement


Prevalence Social women Total
Nobody Parents relatives friends
Counsellor constable

13 33 1 5 1 3 56
High
23.2% 58.9% 1.8% 8.9% 1.8% 5.4% 100.0%

7 5 1 5 1 2 21
Low
33.3% 23.8% 4.8% 23.8% 4.8% 9.5% 100.0%

20 38 2 10 2 5 77
Total
26.0% 49.4% 2.6% 13.0% 2.6% 6.5% 100.0%

TIP: 3 Respondents haven’t provided the data presented in table

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The table 5.6 indicates the response of the police officers regarding the person accompanied
and presented during the recording of the statement by the women victims. According to the
table 58.9 percentage in high prevalence area and 23.8 percentage in low prevalence areas
parents were accompanied to the victim during recording of the statement. Surprisingly the
second highest opinion says that the victim did not accompanied by any individual but came
to record the statement alone. In High prevalence area in case of 23.2 percentage of cases the
women victim came to record the case alone where in low prevalence area it is 33.3
percentage. In both the low and high prevalence area in few instances i.e. 8.9 percentage
cases in high prevalence area and 23.8 percentage in low prevalence area the victims were
escorted by the relatives to record their statements.

Based on the data available it can be concluded that still women preferred not to disclose the
incidence to other and try to handle the problem themselves. Moreover, it is obvious that
still the willingness to take professional support by the victims is very low. In violence
situation if the women want to take support then instate of professional support or outsider
support they take support of family.

Place of recording statement:

A victim need not come to the police station to lodge the FIR. Instead of a victim going to a
police station, women cops can now go to the doorstep of the victim to register her
complaint, particularly in cases related to physical or sexual harassment. Police departments
of various states and women organizations have made the complaint registration process
easier and now the complaints can even be registered through e-mail, post or on the websites
of the concerned department. Hence it is necessary to understand the scenario related to
place of recording statement in the study area which is reflected in the table 5.7.

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Table: 5.7: Place of recording statement

Where is, the statement recorded


Prevalence Police Residence of Hospital/ Place of Total
Station victim clinic acutance

38 6 1 8 53
High
71.7% 11.3% 1.9% 15.1% 100.0%

12 4 3 2 21
Low
57.1% 19.0% 14.3% 9.5% 100.0%

50 10 4 10 74
Total
67.6% 13.5% 5.4% 13.5% 100.0%

TIP: 6 Respondents haven’t provided the data presented in table

The Table 5.7 reflected that there are various settings where the statement of the victim has
been recorded. Maximum number cases had been recorded at the police station. Majority
71.7 percentage of cases in High prevalence area and 57.1 percentage of cases in low
prevalence area had been recorded at the police station which is highest among all place of
recording a case. The second setting of recording of case is different in both the low and high
prevalence area. In high prevalence area around 15.1 percentage of cases recorded at place
of acutance whereas 19 percentage of cases was recorded at the house of victim. Total 10
respondents agreed that case has been recorded in the house of victim. Out of them 11.3
percent of respondents belongs to high prevalence area whereas 19 percentage respondents
belong to low prevalence area.

From the above data, it can be concluded that still many cases are being lodged in the police
station. Despite provision of recording the case at victim place many are still not able to take
the benefit of the provision and maximum cases are recorded at the police station.

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Recording statement in Camera:

In some cases, if the police believe you to be ‘vulnerable’ or ‘intimidated’ as defined by law,
you can make a video recorded statement instead of a written statement.

Video recording is mostly used if you are under the age of 17 (soon to be 18) or are the victim
in a sensitive case, for example a sex crime. You will usually be asked to go to a specially
equipped video suite, which is situated in certain police stations. In some cases, the police
may bring recording equipment to your home or other venue that you have agreed. to
understand the situation related to recoding statement in camera the aspect has been
studied in this research which is depict in the table 5.8

Table: 5.8: Recording statement in Camera


Is it recorded in-camera
Prevalence Total
No Yes
18 38 56
High
32.1% 67.9% 100.0%
6 15 21
Low
28.6% 71.4% 100.0%
24 53 77
Total
31.2% 68.8% 100.0%
TIP: 3 Respondents haven’t provided the data presented in table
The table 5.8 depicts the number of respondents who indicate the number of cases recorded
in the camera. Out of the total respondents 3 respondents did not respond to the question.
Out of the total 77 respondents 56 were from high prevalence area and 21 belong to low
prevalence area. Among the respondents of high prevalence area 67.9 percentage of
respondents were agreed that the statements were recorded in camera whereas 32.1 agreed
that the statements are not recorded in the camera. From low prevalence area 71.4
percentage of respondents agreed that the complaints are recorded in camera.

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From the information of above table, it can be concluded that in both high and low prevalence
area, cases are recorded in camera but still the percentage of cases which is not recorded in
camera are quite high in both the area.

Reasons behind not recording statement in camera:

Table: 5.9: Reasons behind not recording statement in camera

If no, what is the reason


Prevalence Considered as a Total
N/A
matter of privacy
51 4 55
High
92.7% 7.3% 100.0%
22 0 22
Low
100.0% .0% 100.0%
73 4 77
Total
94.8% 5.2% 100.0%
TIP: 3 Respondents haven’t provided the data presented in table
The table 5.9 depicts the opinion of the respondents towards non-recording of cases in
camera. Out of the total 80 respondents 3 respondents have not provided their opinion
regarding this. Out of the total 77 respondents 56 were from high prevalence area and 21
belong to low prevalence area. Among the respondents of high prevalence area 92.7
percentage of respondents did not share the reason whereas 7.3 percentage opinioned that
this is because of privacy matter. In low prevalence area, all the respondents did not share
their views regarding not recording of cases in camera.

From the data depict above it can be conclude that many of the respondents could not share
the valid reason of not recording the cases in camera where few of them shared which should
not be the valid reason of not recording the cases in camera.

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Pre-statement Counseling:

Counselling efforts should be provided the victim and to the family members and supporters
of the accused people so that they can be convinced to offer arrests or surrender of accused
persons before the Court. In many cases, due to fear the victim do not revealed the incidence
in detail. If a victim will counsel before the recording the case, then she will be mentally and
emotionally strong enough to narrate the incidence more firmly and boldly. Hence it is
necessary to understand the scenario of counselling of victims before recording her case. It
is represented in the table 5.10

Table: 5.10: Pre-statement Counseling


Is victim given counselling to make her
comfortable and safe before recording the
Prevalence Total
statement
No Yes
6 51 57
High
10.5% 89.5% 100.0%
5 17 22
Low
22.7% 77.3% 100.0%
11 68 79
Total
13.9% 86.1% 100.0%
TIP: 1Respondents haven’t provided the data presented in table
The table 5.10 demonstrates the opinion of the police officers who respond to the question
whether the victim given counseling before recording the statement. In both the high and
low prevalence area, maximum respondents were opinioned that counseling is being given
to the victim women before recording the case. In high prevalence area 89.5 percentage of
respondents and in low prevalence area 77.3 percentage of women shared the same view.
10.6 percentage of respondents from high prevalence area and 22.7 percentage of
respondents in low prevalence area opinioned that that counseling services are not provided
to the victim women before recording the case.

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From the above analysis, it can be concluded that although many victims are given
prerecording counseling before recording of their cases but still the number is high in which
the victims are not given prerecording counseling services which is a matter of which should
be look in to very seriously.

Counseling at police station:

Counseling services should be providing to the women victim at the police station. Although
many NGOs are providing the same services in country there is an urgent need of extending
counseling service at the police station. To examine the availability of the counseling services
provided at the police station the opinion of the respondent police officer drew which is
demonstrated in the table 5.11

Table: 5.11: Counseling at police station


Does counselling is given in the police station
Prevalence to the victim before recording the statement Total
No Yes
14 41 55
High
25.5% 74.5% 100.0%
9 13 22
Low
40.9% 59.1% 100.0%
23 54 77
Total
29.9% 70.1% 100.0%

TIP: 3 Respondents haven’t provided the data presented in table


The table 5.11 indicates the opinion of the respondents, police officer regarding counseling
services at the police station. From high prevalence area 74.5 percentage of police officers
agreed that counselling is given in the police station to the victim before recording the
statement whereas in low prevalence area the percentage is 59.1 whereas 40.9 percentage
agreed that such services are not available in low prevalence area whereas 25.5 percentage
agreed that such services are not available in the high prevalence area. As compare to low

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prevalence area high prevalence area have more counselling services facilities available at
the police station.

From the above table analysis, it can be concluded that although the percentage of
counselling services in high prevalence areas as compare to low prevalence area is more
there is an urgent need to set more and more counselling services in both the areas for
support and help of women victims of violence.

Counseling other than police station:

First, the counseling services should be provided at the police station and if the service is not
available due to some unavoidable circumstances the service should be provided to the
victims with the help of other available services. To understand the scenario of alternative
counseling services considered by the different police station in both high and low
prevalence area this opinion of the police officer respondents has been considered which is
demonstrated in the table 5.12 below.

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Table: 5.12: Counseling other than police station

If not given in police station, do you send the victim for any of
the below
Prevalence Family Total
Private Women’s
N/A NGO counseling
psychologist cell
center
34 10 5 0 5 54
HP
63.0% 18.5% 9.3% .0% 9.3% 100.0%
11 6 4 2 0 23
LP
47.8% 26.1% 17.4% 8.7% .0% 100.0%
45 16 9 2 5 77
Total
58.4% 20.8% 11.7% 2.6% 6.5% 100.0%
TIP: 3 Respondents haven’t provided the data presented in table

Table 5.12 indicate the different agency of counseling the police department take for
counseling of women victim in case of absence of counseling services at the police station.
Out of 54 respondents from high prevalence area 18.5 percentage of police officer opinioned
that help is being taken by NGO for counseling services whereas 9.3 percentage opinioned
that help is taken from family counseling services whereas 9.3 percentage shared that they
take help of women's cell. More over in low prevalence area 26.1 percentage of respondents
shared that help is being taken by NGO whereas 17.4 respondents agreed that counseling
support has been taken from family counseling services. As far as counseling service from
private psychologist is concern 8,7 percentage of respondents from low prevalence area
agreed of taking help whereas none of the respondents shared that help is being taken by
the private psychologist. As far as women cell is concern in high prevalence area 9.3 percent
respondents agreed that they take help whereas in low prevalence area no support services
have been drawn from women cell.

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From above table analysis, it can be concluded that the support service for counseling in both
high and low prevalence area are existing but it draws the attention about drawing more
counseling support services in both the area for better counseling services.

Time involved in recording statement:

Time is an important factor which indicates the sensitiveness and pro activeness of the
concern police officers in addressing the issues of the victim. It is important for the police
officers to record the case of the victim immediately after she reaches to the police station
for register the complaint as the same time they should listen very carefully and give much
time to the victim to explain the situation. Hence it is important to consider the time factor
in the study which is depicting in the table 5.13 below.

Table: 5.13: Time involved in recording statement

How much time does it take to record the statement


Prevalence Total
.00 1.00 2.00 3.00 4.00 5.00
2 20 16 6 3 0 47
High
4.3% 42.6% 34.0% 12.8% 6.4% .0% 100.0%
2 7 2 1 0 1 13
Low
15.4% 53.8% 15.4% 7.7% .0% 7.7% 100.0%
4 27 18 7 3 1 60
Total
6.7% 45.0% 30.0% 11.7% 5.0% 1.7% 100.0%
TIP: 20 Respondents haven’t provided the data presented in table
The table 5.13 portrays the time associated with recording the statement of the women
victim. According to the table out of the 80 respondents 20 respondents did not respond to
this question. Out of the twenty respondents 10 each from both high prevalence area and
low prevalence area did not respond. From the prevalence area, maximum respondents i.e.,
42.6 percentage respondents from high prevalence area and 53.8 percentage from low
prevalence area opinioned that it just takes one minute to record the case. One respondent
that is 7.7% from the low prevalence area shared that it takes almost 5 minutes to register

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the complaint. More over 4.3 percentage respondents from high prevalence area and 15.4
percentage respondents from low prevalence area shared that it not even takes one minute
to record the case of women victim of violence.

From the data, it can be concluded that the recording of the cases just take between below
one minute up to maximum 5 minutes. Further it shows the sensitiveness and seriousness
of the police officers towards registering the case. The concern officer should immediately
respond to the victim but spend quality of time in registering the case as much as possible.

Times of narrating incident by Victim:

Victim of violence is scared and disturb in her emotion and mental status and it is not very
easy to explain the incidence in detail to someone. When a victim comes to the police station
to lodge a complaint or to record the statement she is more scared and not very open to
narrate her incidence. It is the responsibility of the concern police officer to deal the case
with sensitive and with much care by devotes some quality of time so that the victim may
feel comfortable and narrate the incidence. To understand the sensitivity of police officer in
handling the victim during the time of recording her complain the time given to the victim in
narrating her complain has been considered in the study and depict in the table 5.14.

Table: 5.14: Times of narrating incident by Victim

How many times does the victim narrate incident


Prevalence generally? Total
.00 1.00 2.00 3.00 4.00
9 26 12 3 3 53
High
17.0% 49.1% 22.6% 5.7% 5.7% 100.0%
6 1 4 1 1 13
Low
46.2% 7.7% 30.8% 7.7% 7.7% 100.0%
15 27 16 4 4 66
Total
22.7% 40.9% 24.2% 6.1% 6.1% 100.0%
TIP: 14 Respondents haven’t provided the data presented in table

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The table 5.14 reflect the responses of the police officers with regards to the amount of time
they provide the victim to narrate her incidence. According to the data of the table shockingly
14 respondents, out of which 4 are from high prevalence area and 10 from low prevalence
area did not responded. Out of the 53 respondents from the high prevalence area, 49.1
percentage of the respondents shared that maximum one minute the victim take to narrate
the incidence whereas 17 percentage agreed that they just need below one minute to narrate
the incidence and only 5.7 percentage respondents agreed that they need 5 minute to narrate
the incidence of the victim. In the low prevalence area, out of the 13 respondents maximum
7.7 said it just required one minutes whereas 46.2 percentage of respondents said it just
required below one minutes and only 6.1 percentage agreed that it required four minutes to
narrate the case.

From the data given in the table it can be conclude that many police officer provides less time
for the victim to narrate her incidence which is difficult for the victim to narrate in detail
immediately whereas only few opinioned that more time is required to narrate the case. The
victim should be given sufficient time to come up from the shock and narrate her incidence
in detail and the police officers should patiently and sensitively listen to the victim and
address.

Insisting sending victim for medical examination before filing the FIR:

If the victim approaches the police first, it is their responsibility to take her to a hospital. If
the victim goes to the hospital first and indicates her wish to file a complaint, it is the
responsibility of the hospital to inform the police. The biggest step to make rape victim’s life
less traumatic is that now she can straightaway approach a doctor for medical examination
without filing a first information report. Thus, it is important to understand the view of the
police officers and their perseverance regarding insisting the victim to go for medical
examination before filing the FIR which is demonstrate in the table 5. 15.

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Table: 5.15: Insisting sending victim for medical examination before filing the FIR

Do you insist on sending victim for medical


Prevalence examination before filing the FIR Total
.00 No Yes
2 33 20 55
High
3.6% 60.0% 36.4% 100.0%
2 9 12 23
Low
8.7% 39.1% 52.2% 100.0%
4 42 32 78
Total
5.1% 53.8% 41.0% 100.0%
TIP: 2 Respondents haven’t provided the data presented in table
The table 5.15 reveal that out of the total 80 respondents 2 were did not shared their view
regarding this question and both the police officers are from the high prevalence area. In the
high prevalence area maximum of the respondents which is about 60 percentage shared that
they did not insist on sending the victim for medical examination before filing the FIR
whereas the scenario is opposite in the low prevalence area. More than half 52.2 percent of
the respondents’ opinioned that they do insist on sending victim for medical examination
before filing the FIR.

From the above table analysis, it is concluded that in the low prevalence area the
respondents police officers give importance towards the medical examination whereas in
high prevalence area the realization of importance of medical examination need to enhance.

Reasons for not insisting sending victim for medical examination before filing the FIR:

Quite number of police officer specially in the high prevalence area opinioned that they don't
insist the victim to go for medical examination before registering the case. To find out and
understand the underlying reason effort has been made in this study which is depict in the
table 5. 16

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Table: 5.16: Reasons for not insisting sending victim for medical examination before
filing the FIR

If yes, what is reason


Prevalence If injured not in condition Total
N/A
to give statement
46 10 56
High
82.1% 17.9% 100.0%
18 5 23
Low
78.3% 21.7% 100.0%
64 15 79
Total
81.0% 19.0% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table
The table 5.16 demonstrates the responses of the police officers related to the various
reasons why they do not insist the victim to go for medical checkup. One respondents did
note provided his responses and he is from high prevalence area. Out of the total
respondents in 82.1 percentage of respondents from high prevalence area did not cited any
special reason why it is not necessary for medical examination before giving statement
whereas 17.9 percentage claims that if the victim is injured then she is not being a condition
to give statement. Similarly, in the low prevalence area 78.3 percentage of respondents have
do not have any valid reason to cite whereas 21. 7 percentage shared the same statement
that if the victim is injured then she is not being a condition to give statement.

From the above table analysis, it can be concluded that the misconception regarding the
medical examination is very high among the respondents and the sensitivity towards
medical examination of the victim is low among the respondents which need a special and
immediate attention.

Encouraging victim to file complaint:

In many instance despite the victimization many women did not want to file complain
against the culprit out of stigma or fear. sometime the victim come to the police station to
lodge a complaint but out of fear she withdraws the complaint on never record a complain.

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In such circumstances, it is also the responsibility of the police officer in charge to motivate
the victim to record or file her complains. To understand the circumstances and effort of the
police officer to encourage the victim to lodge a complaint the study tried to find out their
opinion. This has been depicting in the table 5. 17 below.

Table: 5.17: Encouraging victim to file complaint

Have you encouraged any victim to file


Prevalence her complaint Total
No Yes
14 35 49
HP
28.6% 71.4% 100.0%
1 18 19
LP
5.3% 94.7% 100.0%
15 53 68
Total
22.1% 77.9% 100.0%
TIP: 12 Respondents haven’t provided the data presented in table

The table 5.17 demonstrates the response of the concern police officers regarding their effort
to encourage the women victim to lodge or file a complaint. out of the total 80 respondents
did not responded to this question out of them 8 were from high prevalence area whereas 4
were from low prevalence area. out of the 49 respondents from high prevalence area
maximum 71.4 percentage respondents shared that they encourage the victim to lodge
complain whereas 28.6 percentage shared that they have not encourage the victim to lodge
the complaint. The scenario is almost same in the low prevalence area out of the total 19
respondents 94.7 percentage shared that yes, they have encouraged the victim to lodge the
complaint whereas 5.3 percentage have not encouraged the victim to lodge the complaint.

From the above table analysis, it can be concluding that although the sensitiveness and
concern of the police officers towards the victim is there but it is not cent percent. All the
police officers should have that concern so that they motivate the victims to lodge the
complaint.

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Circumstances in which victim get hesitated to file the complaint:

Hesitation by the victim to lodge a complaint is the biggest challenges faced in India. There
are several factors related to social condition in India responsible for this. It is very much
important to understand the underlying factors. Moreover, it is very much important to
understand what the protector of the law think is the main hurdle towards the hesitation of
the victim with regards to lodging the complaint. This has been considered in this study and
demonstrated in the table 5.18

Table: 5.18: Circumstances in which victim get hesitated to file the complaint

Under which circumstances the victim gets


hesitated to file the complaint
Prevalence Future Fear of Total
Family Caste
social insult of
Pressure pressure
stigma family
18 4 11 2 35
HP
51.4% 11.4% 31.4% 5.7% 100.0%
7 1 4 0 12
LP
58.3% 8.3% 33.3% .0% 100.0%
25 5 15 2 47
Total
53.2% 10.6% 31.9% 4.3% 100.0%
TIP: 33 Respondents haven’t provided the data presented in table

The table 5.18 represent the outlook of the respondent police officers the various underlying
casus towards the hesitation of the respondents for not lodging the complaint. Four factors

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have been identified which is family pressure, caste pressure, future social stigma and fear
of insult of family. Out of the total 80 respondents shockingly 33 did not shared their view
regarding the underlying cause. out of the 33 respondents 21 were from high prevalence
area and 11 were from low prevalence area. In high prevalence area, out of the 35
respondents highest number of respondents, 51.4 percentage consider family pressure was
the single major hurdle followed by future social stigma which is shared by 31.4 percentage
of respondents. In the same way in low prevalence area out of the 12 respondents 58.3
percentage consider the family pressure is the major hurdle whereas 33.3 percentage
believed that future social stigma is the major hurdle.

From the above table analysis, it can be considered that realization of the major hurdle in
term of lodging the complaint is very poor among the police officers whereas the social factor
associate with the stigma and fear are the major hurdle existing within the community. This
needs a special attention to change the outlooks of the concern respondents towards the
problems so that the outlooks of the police officer might change positively.

Informing victim about the availability of free legal aid:

Legal Aid which means giving free legal services to the poor and needy who are unable to
afford the services of an advocate for the conduct of a case or a legal proceeding in any court,
tribunal or before a Judicial authority. The preamble of the Indian constitution basically aims
to secure to the people of India justice – socio economic and political. In case of a women
victim who is poor and needy she is eligible for entitlement of the legal aid services. In some
situation, due to lack of resources and support many victims became silent despite the
violence. In such situation, it is the responsibility of the police officers to inform and aware
the victim about the free legal aid services available at different sources. To understand the
effort of the police officers to inform the victims about such incidences the studies tied to
understand the responses of the police officer whether they inform the victims about the
availability of free legal aid services.

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Table: 5.19: Informing victim about the availability of free legal aid
Do you inform the victim about the
Prevalence availability of free legal aid Total
No Yes
11 44 55
HP
20.0% 80.0% 100.0%
1 19 20
LP
5.0% 95.0% 100.0%
12 63 75
Total
16.0% 84.0% 100.0%
TIP: 5 Respondents haven’t provided the data presented in table

The table 5.19 represents the view of the respondent police officers about whether they
inform the victim about the availability of free legal aid services. It shows that out of the total
80 respondents 5 did not respond to the question out of which 2 were from high prevalence
area and three were from low prevalence area. Out of the 55 respondents from high
prevalence area 80 percentage shared that they inform the victim about the free legal aid
services whereas 95 percentage respondents out of 20 respondents from low prevalence
area do inform the victim about the free legal aid services.

From the above table analysis, it can be concluded that more police officer has a concern
towards the poor a marginalized woman a want to help through the free legal aid services
still there is a need of raising sensitivity among the all police officers so that they will be more
sensitive and every one take responsibility to inform about the free legal aid services to the
needy and marginalized victims.

Sealing and submitting evidentiary property of the victim and culprit to the court:

Evidence plays important role in the proceeding in the legal matter. In many cases the
interruption of the evidence by the culprit or mishandling of the evidence by the officers
mislead the case and the victim is unable to get the justice. Hence it is very much important
to handling the evident carefully and submitting it by sealing to the court. To understand

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their attitude and to understand their role in handling the evidence it was considered in the
study which is depict in the table 5.20

Table: 5.20: Sealing and submitting evidentiary property of the victim and culprit to
the court
Is an evidentiary property of the
victim and culprit, sealed and
Prevalence Total
submitted to the court
No Yes
11 44 55
HP
20.0% 80.0% 100.0%
2 19 21
LP
9.5% 90.5% 100.0%
13 63 76
Total
17.1% 82.9% 100.0%
TIP: 4 Respondents haven’t provided the data presented in table

The table analysis in the table 5.20, reflect the responses of the respondent police officers
about their initiatives towards handling the evident carefully and submitting the property of
the victim and culprit, sealed to the court. According to the date revealed out of the total 80
respondents 4 did not respondents to this question out of which two were from high
prevalence area two were from low prevalence area. The scenario is same in both the high
and low prevalence area out of the 55 respondents from high prevalence area 80 percentage
agreed that the evidentiary property of the victim and culprit, sealed and submitted to the
court. In the same way, out of the 21 respondents from low prevalence area 19 agreed that
the evidentiary property of the victim and culprit, sealed and submitted to the court.

However, it is shocking that quite number of respondents shared that they did not handled
the evident carefully and the evidentiary property of the victim and culprit, is not sealed and
submitted to the court. This need to be addressed seriously. Every officer should be handled
the evident property carefully and according to the procedure.

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Cases proved, and accused was punished as per your police station record:

Once the victim registered a case it is expected that the culprit should be punished if he is
accused. But in India due to lack of strong and fair legal procedure in many case the accused
in not punished and set free due to lack of strong legal support for the victim. It is very much
important to understand in the study area what is the situation of confirmation of the case
and the rate of punishment awarded to the culprit. In this section of the study effort has been
made to understand the scenario in both the high prevalence and low prevalence area which
has been depicting in the table 5.21.

The table 5.21 demonstrate the time line with number of cases related to violence against
women in which the case is proved and the culprit is awarded punishment in both the high
and low prevalence area. it indicates the number of cases from 2011 to 2015 and the number
of cases proven and number of cases pending during the same duration. It is obvious from
the table that there is an increasing trend of reporting of the case between the periods in the
high prevalence area whereas in the low prevalence area the trends are fluctuating. However
as far as number of cases proven there is a fluctuating trend before 2013 and then it shows
an increasing trend whereas in the low prevalence area the trends are fluctuating it was quite
low which is 22 percentage in 2014 as compare to 28.2 percentage in 2011.

The trends of the pending cases between 2011 to 2015 is shows a steadily increased.

From above table analysis, it can be concluded that the number of the crime against women
coming in to lime light in an increasing manner however conviction of the case is not
appropriate with the reporting case and the pending cases is tremendously increasing. This
needs a special attention.

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Table: 5.21: Cases proved, and accused was punished as per your police station record

No of cases No of cases No of cases


Year Prevalence Total
registered proven pending

484 264 188 936


High
51.7 28.2 20.1 100.0
2011
135 86 42 263
Low
51.4 32.7 15.9 100.0

541 257 216 1014


High
53.4 25.3 21.3 100.0
2012
111 73 37 221
Low
50.2 33.1 16.7 100.0

794 342 379 1515


High
52.4 22.5 25.1 100.0
2013
171 96 64 331
Low
51.7 29.1 19.2 100.0

887 380 398 1665


High
53.3 22.8 23.9 100.0
2014
168 92 73 333
Low
50.5 27.6 21.9 100.0

1206 559 521 2286


High
52.7 24.5 22.8 100.0
2015
242 145 113 500
Low
48.4 29.0 22.6 100.0

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4739 2294 2031 9064


Total
52.3 25.3 22.4 100.0

Sending victim to any Trauma treating center:

Victim of violence generally traumatized due to the negative psychological experience. When
a victim is in trauma there is a threat to her life in term of physical and mental condition. If
the Individual is in trauma she need the traumatic treatment as soon as possible and it is the
responsibility of the police officers also to make immediate arrangement for her to access
the service of traumatic treatment. In this study the effort has been made to understand the
outlook of the respondent police officers about sending the victim for any trauma treating
center of treatment which has been depict in the table 5.21.

Table: 5.21: Sending victim to any Trauma treating center

Do you send victim to any Trauma


Prevalence
treating center Total

No Yes
29 22 51
High
56.9% 43.1% 100.0%
5 16 21
Low
23.8% 76.2% 100.0%
34 38 72
Total
47.2% 52.8% 100.0%
TIP: 8 Respondents haven’t provided the data presented in table

The table 5.21 analysis shows the initiatives of the police officer regarding sending the victim
of violence to trauma center for treatment and support. It shows that 8 respondents did not
respondents to the questions out of which 6 were from high prevalence area whereas two
were from the low prevalence area. In high prevalence area 43.1 percentage of respondents
agreed that they send the victim to the trauma center for the treatment whereas 76.2

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percentage of respondents in low prevalence area send the victim to the trauma center for
the treatment.

From the above table analysis, it can be concluding that although all the police officer should
send the victim to the trauma center for treatment many did not send them. The reason may
be there is lack of trauma center or may be victim did not need the traumatic treatment of
may be police officer does not want to take the special effort. the reason need to be find out
and address seriously for better psychological support of the victim.

Informing victim about Victim Compensation and similar funds:

Crime victim compensation programs across the country offer crucial financial assistance to
victims of violence. Victims of violent crime may suffer financial stress as devastating as their
physical injuries and emotional trauma. Recovering from violence or abuse is difficult
enough without having to worry about how to pay for the costs of medical care and
counselling, or about how to replace lost income due to disability or death. The good news is
that every state has a crime victim compensation program that can provide substantial
financial assistance to crime victims and their families. And while no amount of money can
erase the trauma and grief victims suffer, this aid can be crucial in the aftermath of crime.
But the situation is many of the people do not know about the compensation. If such victim
comes to the police station it is the responsibility of the police officer to aware or inform the
victim about the fund so that the victims can get the benefits of the schemes. To understand
how is the scenario related to the role of police in informing the victim about the fund the
question was asked to the respondents in this table 5.22.

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Table: 5.22: Informing victim about Victim Compensation and similar funds

Do you inform the victim about Victim


Prevalence
Compensation and similar funds Total
No Yes
14 40 54
High
25.9% 74.1% 100.0%
2 18 20
Low
10.0% 90.0% 100.0%
16 58 74
Total
21.6% 78.4% 100.0%
TIP: 6 Respondents haven’t provided the data presented in table

The table 5.22 depicts the variation of the role of police officer in informing the victim about
the compensation and similar funds. It shows that out of the total respondents 5 did not
respondents out of which three were from high prevalence area and three were from low
prevalence area. 74.1 percentage respondents from 54 in high prevalence area shared that
they inform the victim about Victim Compensation and similar funds whereas 90 percentage
in the low prevalence area shared that they inform the victim about Victim Compensation
and similar funds.

From the analysis, it can be concluded that although higher percentage of the police officer
respondents inform the victim about the fund but still there are some officer who does not
inform about the schemes and it should be ensured by the police department that all the
officers should inform the victim about the funds available.

Change in lodging complaint by the victim:

Changing of lodging complains is quite common especially among the marginalized section.
Out of the fear and pressure from the powerful and rich people. it is very much important to
understand such trends. Hence effort has been made in this study the look in the matter of
trends of change in lodging complain by the victim which is depict in the table 5.23

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Table: 5.23: Change in lodging complaint by the victim

Lodging complaint by the victim


Prevalence
Can’t say/ No Total
Negative Positive
Response
9 2 45 56
High
16.1% 3.6% 80.4% 100.0%
8 1 14 23
Low
34.8% 4.3% 60.9% 100.0%
17 3 59 79
Total
21.5% 3.8% 74.7% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table

The table 5.23 shows the number of complain changed by the victim after lodging complain
by the victim. It shows that only one respondents did not respond to the questions who is
belongs to the high prevalence area. In high prevalence area 3.6 percentage cases were found
in which the victim changed the lodging complain whereas 9 percent respondents said were
unsure about it. In the same way 4.3 percentage respondents in high prevalence area have
changed the complaint whereas 34.8 percentage shared they are not sure about the status.

From the above table analysis, it can be concluding that although many cases were not
changed but still few cases were changed after lodging the complaint which need a special
attention and the reason need to be study in dept.

Change in Complaint mechanism:

To understand the nature of change in complains mechanism attempt has been made to
study the opinion of the police officer which is demonstrated in the table 5.24 below.

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Table: 5.24: Change in Complaint mechanism

Complaint mechanism
Prevalence
Can’t say/ No Total
Negative Positive
Response
7 6 43 56
High
12.5% 10.7% 76.8% 100.0%
8 0 15 23
Low
34.8% .0% 65.2% 100.0%
15 6 58 79
Total
19.0% 7.6% 73.4% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table

The table analysis in table 5.24 replicate the responses of the police officer regarding the
change in mechanism of complain. Out of the total respondents one respondents belongs to
high prevalence area did not responded whereas 76.8 percentage of respondents provided
positive feedback whereas 65.2 percentage of respondents from low prevalence area given
the positive statement whereas 12.5 percentage of respondents from high prevalence area
and 34.8 percentage of respondents from low prevalence area shared that they are unable
to share their feedback regarding this.

From the table analysis, it can be concluded that despite high positive response in both the
high and low prevalence area still the uncertain response among the police officers is high
and still negative feedback are received which need to be consider for further strengthening
of the system and developing the sensitivity of the police officers towards it.

Change in Awareness about Law:

Awareness aspect is the powerful aspect in proper function of the law and specially in
execution and demanding of proper implementation of the law. If the peoples are aware
about the law, then they can take proper legal steps. In our country, especially among the
marginalized groups people are unaware about the law which leads to lack of demand to its
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implementation. The laws and provision related to violence against women need to be
communicate to the marginalized group and public for their knowledge and action. Here the
endeavor was made to understand about the level of awareness related to the law in the
table 5.24.

Table: 5.24: Change in Awareness about Law

Awareness about Law


Prevalence
Total
Can’t say/ No
Negative Positive
Response
8 4 44 56
High
14.3% 7.1% 78.6% 100.0%
8 1 14 23
Low
34.8% 4.3% 60.9% 100.0%
16 5 58 79
Total
20.3% 6.3% 73.4% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table
The table analysis of 5.24 demonstrates the level of awareness about the law in low and high
prevalence area. One respondents belong to high prevalence area did not respond to the
question whereas 14.3 respondents from high prevalence area and 34.8 percentage from low
prevalence are could not share their view. As far as positive view is concern 78.6 percentage
of respondents from high prevalence area and 60.9 percentage of respondents from low
prevalence area were positive towards their responses.

From the above table analysis, it can be concluded that although highest percentage of
respondents were aware about the change in law but still many respondents were uncertain
about the situation and still quite number were negative opining that means the awareness
is not among all the victims.

Change in Facilities to victims:

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It is important to understand what is the facilities extended to the victim and whether is
there any change took place in extending the facilities to the victim. The opinion of the
respondents towards the change in facilities extended to victim were tired to find out and
demonstrated in the table 5.25.

Table: 5.25: Change in Facilities to victims

Facilities to victims
Prevalence
Can’t say/ No Total
Negative Positive
Response
11 3 42 56
High
19.6% 5.4% 75.0% 100.0%
9 0 14 23
Low
39.1% .0% 60.9% 100.0%
20 3 56 79
Total
25.3% 3.8% 70.9% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table

The table analysis of table 5.25 shows that one respondents from the high prevalence area
did not shared his opinion whereas 75 percentage respondents from high prevalence area
and 60.9 percentage of the respondents from low prevalence area provided positive opinion.

From the above table analysis, it can be concluded that although highest percentage of the
respondents were positive but still the uncertainty among the respondents prevailed and
few have the negative opinion which need to be understand clearly.

Any Other changes observed in these three years:

As the trends of the crime is rapidly coming in to lime light because of the people's awareness
and breaking the boundaries. it is important to understand the trends and changes taking
place regarding to the crime in the study area which has been tried and demonstrated in the
table 5.26.

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Table: 5.26: Any Other changes observed in these three years

If any Other changes do you

Prevalence observed in these three years


Total
No of crimes reported
increased

6 6
High
100.0% 100.0%
2 2
Low
100.0% 100.0%
8 8
Total
100.0% 100.0%
TIP: 72 Respondents haven’t provided the data presented in table

The above table analysis indicates that out of the total respondents 72 respondents were not
agreed to share their responses. Among them 61 respondents were from the high prevalence
area and 21 were from the low prevalence area. Out of the 8 respondents 6 from high
prevalence area agreed that there is an increase of reported crime in the area whereas 2 from
the low prevalence area shared the same.

From the above table analysis, it is concluded that eagerness to share the realities and the
concern towards the issues is quite low among the police officer in both the area which need
to be enhance.

Summary:

This chapter attempted to explore the Realities from Police Officers & police Stations and the
prominent findings of the chapter are mentioned below:

o Exact 30 per cent police officers were from the state of Uttar Pradesh;
o More than one fifth 22.5 per cent of the respondents belongs to Lucknow;
o Out of the total 80 police officers 57(71.3%) belongs to the high prevalence area
whereas only 28.8 per cent belongs to the low prevalence area;

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o Reporting of the cases are increased very rapid after 2013;


o 98.2 per cent responds from high prevalence area and 95.5% respondents from low
prevalence area agreed that there was female constable during the recording of the
case.;
o Still women preferred not to disclose the incidence to other and try to handle the
problem themselves;
o Majority 71.7 percentage of cases in High prevalence area and 57.1 percentage of
cases in low prevalence area had been recorded at the police station which is highest
among all place of recording a case;
o From low prevalence area 71.4 percentage of respondents agreed that the complaints
are recorded in camera;
o Among the respondents of high prevalence area 92.7 percentage of respondents did
not shared the reason whereas 7.3 percentage opinioned that this is because of
privacy matter;
o In high prevalence area 89.5 percentage of respondents and in low prevalence area
77.3 percentage of women shared the same view;
o From high prevalence area 74.5 percentage of police officers agreed that counseling
is given in the police station to the victim before recording the statement;
o Out of 54 respondents from high prevalence area 18.5 percentage of police officer
opinioned that help is being taken by NGO for counseling services;
o From the prevalence area, maximum respondents i.e., 42.6 percentage respondents
from high prevalence area and 53.8 percentage from low prevalence area opinioned
that it just takes one minute to record the case;
o Out of the 53 respondents from the high prevalence area, 49.1 percentage of the
respondents shared that maximum one minute the victim take to narrate the
incidence;
o In the high prevalence area maximum of the respondents which is about 60
percentage shared that they did not insist on sending the victim for medical
examination before filing the FIR;

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o Out of the total respondents in 82.1 percentage of respondents from high prevalence
area did not cited any special reason why it is not necessary for medical examination
before giving statement;
o Out of the 49 respondents from high prevalence area maximum 71.4 percentage
respondents shared that they encourage the victim to lodge complain;
o Out of the total 80 respondents shockingly 33 did not shared their view regarding the
underlying cause;
o Out of the 55 respondents from high prevalence area 80 percentage shared that they
inform the victim about the free legal aid services;
o The scenario is same in both the high and low prevalence area out of the 55
respondents from high prevalence area 80 percentage agreed that the evidentiary
property of the victim and culprit, sealed and submitted to the court;
o Number of the crime against women coming in to lime light in an increasing manner
however conviction of the case is not appropriate with the reporting case and the
pending cases is tremendously increasing;
o high prevalence area 43.1 percentage of respondents agreed that they send the victim
to the trauma center for the treatment whereas 76.2 percentage of respondents in
low prevalence area send the victim to the trauma center for the treatment;
o 74.1 percentage respondents from 54 in high prevalence area shared that they inform
the victim about Victim Compensation and similar funds whereas 90 percentage in
the low prevalence area shared that they inform the victim about Victim
Compensation and similar funds;
o In high prevalence area 3.6 percentage cases were found in which the victim changed
the lodging complain whereas 9 percent respondents said were unsure about it. In
the same way 4.3 percentage respondents in high prevalence area have changed the
complaint whereas 34.8 percentage shared they are not sure about the status;
o Out of the total respondents one respondents belongs to high prevalence area did not
responded whereas 76.8 percentage of respondents provided positive feedback;

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o As far as positive view is concern 78.6 percentage of respondents from high


prevalence area and 60.9 percentage of respondents from low prevalence area were
positive towards their responses;
o From the high prevalence area, did not shared his opinion whereas 75 percentage
respondents from high prevalence area and 60.9 percentage of the respondents from
low prevalence area provided positive opinion; and
o Out of the 8 respondents 6 from high prevalence area agreed that there is an increase
of reported crime in the area whereas 2 from the low prevalence area shared the
same.

Conclusion:

This chapter focused the opinion and attitude of police officers who have dealt with the
violence victim in the different parts of the selected study area. This chapter gives us a clear-
cut understanding about the opinion of the police officers towards the problems and the
experience they gain while handling the case. The trends of the reported cases are increasing
people started coming up and reporting the cases. although the police officers are trying to
fulfil their duties the sensitiveness towards the victim found not very strong. There is a need
of building awareness and sensitiveness among the police to deal with the victim more
patiently. Along with their duty they must play important role of a guide comforter and
counsellor. If they will be more sensitive than many victim will be feel free to come to the
police station to report the case and hidden incidence will be come in to lime light for legal
action. Hence police have a very crucial role in preventing the crime and helping the victim
to take a stand for legal action against the accused.

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CHAPTER VI

REALITIES FROM PUBLIC PROSECUTOR

Introduction:

The role of the Public Prosecutor begins once the police has conducted the investigation and
filed the charge sheet in the court. He represents the interests of the State and conduct
the prosecution on behalf of the State. The Public Prosecutor is not involved in the
investigation that is conducted by the police. The role of the Prosecutor is not to single-
mindedly seek a conviction regardless of the evidence but his/her fundamental duty is to
ensure that justice is delivered. A Public Prosecutor is an independent entity from police and
police cannot order her/him to conduct prosecution in a way. Police, politicians or any other
extraneous party cannot influence her/his actions, including her/his discretion to decide
withdrawal of a case. The Public Prosecutor represents the State but not the police and can
only be influenced by public interest. There for it is very much important to understand the
opinion of the public prosecutors towards the crime of violence and their opinion about their
roles and responsibilities towards the victims while handling the case of violence.

Keeping the need and importance in mind this structures was designed to understand their
opinion towards the crime and the role and responsibilities, the difficulties they face while
dealing the cases and the effort they make to help the victim in every possible way. which is
discussed and highlighted in the table 6.1 to 6.21 based on the various aspects.

State wise distribution:

Table: 6.1: State wise Distribution

State Frequency Percent


Maharashtra 14 20.6
Kerala 7 10.3
UP 31 45.6
Delhi 16 23.5
Total 68 100.0

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The table 6.1 represent the state wise distribution of the respondent public prosecutor who
contributed in the study. According to the table total 68 public prosecutors have contributed
by sharing their opinion on various question. Out of the total 68 respondents’ maximum 45.6
percentage of respondents were belongs to the state of UP. the second highest groups of
respondents belong to the state of Delhi. Lowest 10.3 percentage of the public prosecutors
are from the state of Kerala.

From above table analysis, it can be concluded that participation from the public prosecutors
are ensured in almost all the study state however Public prosecutors belongs to UP and Delhi
shows the maximum participation.

District wise Distribution:

Table: 6.2: District wise Distribution


District Frequency Percent
Mumbai (MHP) 13 19.1
Gadchiroli (MLP) 1 1.5
Trivendrum (KHP) 5 7.4
Waynadu (KLP) 2 2.9
Lucknow (UPHP) 10 14.7
Mirzapur (UPLP) 21 30.9
North (DLP) 12 17.6
South east (DHP) 4 5.9
Total 68 100.0

The table 6.2 demonstrate the distribution of the respondent public prosecutors based on
the prevalence area. Out of the total 68 public prosecutors 32 belongs to the high prevalence
area whereas 36 belongs to the low prevalence area. Out of the 32 public prosecutors from
high prevalence area highest 19.1 percentage of respondents belongs to Mumbai high
prevalence area followed by Lucknow which is high prevalence area of Uttar Pradesh. Out of

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the total 36 respondents from low prevalence area Maximum 30.9 percentage of
respondents belongs to Mirzapur which is the low prevalence area of Uttar Pradesh.

The above table analysis concluded that from all the state and within the state from all the
high and low prevalence area the public prosecutors participated and contributed in the
study. However highest number of contribution achieved from UP and Maharashtra and
Delhi

Prevalence wise Distribution:

Table: 6.3: Prevalence wise Distribution

Prevalence Frequency Percent


High 32 47.1
Low 36 52.9
Total 68 100.0

The table 6.3 demonstrate the segregation of the respondents based on the high and low
prevalence area. It is clear from the table that 47.1 percentage of respondents were belongs
to high prevalence area whereas 52.9 percentage of respondents were belonging to low
prevalence area.
From the above table analysis, it can be concluded that maximum participation of the public
prosecutors was drawn from the low prevalence area.

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Cases of violation against women in court:

Table: 6.4: Cases of violation against women in court

Insult to modesty
intent to outrage

Kidnapping &
her Modesty
women with
Acid attack
Prevalence

Abduction
Assault on

of Women
Total
Rape
Year

25 0 26 27 15 93
High
26.9 0.0 27.9 29.1 16.7 100.0
2011
20 0 0 0 4 24
Low
83.3 0.0 0.0 0.0 16.7 100.0

42 0 35 17 4 98
High
42.9 0.0 35.7 17.3 4.1 100.0
2012
14 0 0 0 8 22
Low
63.6 0.0 0.0 0.0 36.4 100.0

26 0 62 47 6 141
High
18.4 0.0 43.9 33.3 4.4 100.0
2013
32 0 0 0 7 39
Low
82.1 0.0 0.0 0.0 17.9 100.0

47 0 63 39 7 156
High
30.1 0.0 40.4 25.0 4.5 100.0
2014
25 3 78 0 7 113
Low
22.1 2.7 69.1 0.0 6.1 100.0

133 31 172 253 91 680


High
19.6 4.5 25.3 37.2 13.4 100.0
2015
46 4 70 0 18 138
Low
33.3 2.9 50.7 0.0 13.1 100.0

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410 38 506 383 167 1504


Total
27.3 2.5 33.6 25.5 11.1 100.0

The table 6.4 depicts the number of cases of violence against women handled by the public
prosecutors in the court. This table also provides the trend for five year of different case dealt
by the different public prosecutors. Five different type of cases has been reflected here
including rape, Acid attack, Assault on women with intent to outrage her Modesty, Insult to
modesty of women and kidnapping and abduction. As far as case of rape in high prevalence
area is concern it shows fluctuating trends but in an increasing order. In the year 2015 it
shows sudden increase of reported cases dealt by the public prosecutors. In low prevalence
area, the reported cases of rape show the fluctuating trends. As far as cases related to Acid
attack is concerned after 2014 the public prosecutors have dealt the cases. In the year 2014
3 cases were dealt by the public prosecutors in low prevalence area whereas in the year 2015
31 cases in high prevalence area and 4 cases in low prevalence cases was handled by the
public prosecutors. As far as cases related to Assault on women with intent to outrage her
Modesty is concerned till 2013 there was no cases dealt by the public prosecutors in the low
prevalence area and after that it shows increasing trends. whereas the same case in the high
prevalence areas show the increasing trends.

The above table analysis concludes that in all the type of cases there is increasing trends.
many people taking the legal help and coming to the public prosecutors for legal proceedings.

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Time involved in deciding cases:


Table: 6.5: Time involved in deciding cases
Within how much time generally cases are decided?
Prevalence Total
1.00 1.50 1.60 2.00 3.00 4.00 5.00 6.00

8 1 1 7 2 0 0 1 20
High
40.0% 5.0% 5.0% 35.0% 10.0% .0% .0% 5.0% 100.0%

1 0 0 0 4 4 13 6 28
Low
3.6% .0% .0% .0% 14.3% 14.3% 46.4% 21.4% 100.0%

9 1 1 7 6 4 13 7 48
Total
18.8% 2.1% 2.1% 14.6% 12.5% 8.3% 27.1% 14.6% 100.0%

TIP: 20Respondents haven’t provided the data presented in table

The table 6.5demonstrate the opinion of the public prosecutors about the time needed for
deciding the cases. the time here described in term of hour. Out of the total 68 respondents
20 did not respondents to this question. Among them 12 were from the high prevalence area
and 8 were from the low prevalence area. Out of the 20 respondents from high prevalence
area Maximum public prosecutors shared that they took one-hour time to decide the case
whereas 35 percentage of respondents claimed that it took two hours to decide the case.
Among the 28 public prosecutors from the low prevalence area 46.4 percentage of
respondents claimed that it took five hours’ time to decide the case whereas 21.4 percentage
of public prosecutors shared that it took them 6 hours to do the same.

From the above table analysis, it is concluded that generally the time required to decide the
case is between one hour to 6 hours which is depends upon the situations.

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Timelines given in the existing laws feasible:

Table: 6.6: Timelines given in the existing laws feasible

Do you find the timelines given in the existing


Prevalence laws feasible Total
No Yes
8 14 22
High
36.4% 63.6% 100.0%
19 7 26
Low
73.1% 26.9% 100.0%
27 21 48
Total
56.3% 43.8% 100.0%
TIP: 20 Respondents haven’t provided the data presented in table

The table 6.6 depict the opinion of the public prosecutors about the feasibility of timeline
given in the existing law for the case. Out of the 68 respondents 20 did not responded to this
question. Out of these 20 respondents 10 were from the high prevalence area and 10 were
from the low prevalence area. Out of the 22 respondents from the high prevalence area 63.6
percentage of respondents have positive opinion whereas the scenario is completely
opposite in the low prevalence area. Maximum respondents i.e. 73.1 percentage in low
prevalence area have negative opinion about the feasibility of the law
From the above table analysis, it is concluded that the opinion of the public prosecutors
towards the feasibility of the law is mixed.

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Cases in accused are punished:

Table: 6.7: Cases in accused are punished

with intent to outrage

Insult to modesty of
Assault on women

Kidnapping &
her Modesty
Acid attack
Prevalence

Abduction
Women
Total

Rape
Year

1 0 0 0 0 1
High
100.0 0.0 0.0 0.0 0.0 100.0
2011
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

2 0 6 1 0 9
High
22.2 0.0 66.7 11.1 0.0 100.0
2012
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

2 0 7 2 1 12
High
16.7 0.0 58.3 16.7 8.3 100.0
2013
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

1 0 9 6 2 18
High
5.6 0.0 50.0 33.3 11.1 100.0
2014
2 2 74 0 0 78
Low
2.6 2.6 94.8 0.0 0.0 100.0

46 30 79 79 53 287
High
2015 16.1 10.4 27.5 27.5 18.5 100.0

Low 2 2 70 0 0 74

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2.7 2.7 94.6 0.0 0.0 100.0

56 34 245 88 56 479
Total
11.7 7.1 51.1 18.4 11.7 100.0

Table 6.7 demonstrated the opinion of the public prosecutors related to cases in which the
accused were punished between the year 2011 to 2015. Over all award of punishment is
concern it has increasing trends. In the year 2011 only one was punished whereas in 2012 9
and 2013 12 punishments was awarded. between 2011 to 2015 total 479 convictions has
made by the public prosecutors. maximum cases were punished related to Assault on women
with intent to outrage her Modesty followed by Rape and Kidnapping & Abduction.
From the above table analysis, it is concluded that conviction in various case steadily
increasing but percentage wise it shows very low percentage of convict are punished.

Conducting cases in camera:


Table: 6.8: Conducting cases in camera
Whether these cases are conducted in-
Prevalence camera Total
No Yes
2 27 29
High
6.9% 93.1% 100.0%
6 29 35
Low
17.1% 82.9% 100.0%
8 56 64
Total
12.5% 87.5% 100.0%
TIP: 4 Respondents haven’t provided the data presented in table

The table 6.8 depict the opinion of the public prosecutors about conducting the cases in
camera. Out of the total 68 public prosecutor’s respondents 4 did not respondents. Out of the
four three were from the high prevalence area and one was from the low prevalence area.
out of the 29 public prosecutors from the high prevalence area claimed that 93.1 percentage

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of cases are conducted in camera whereas in low prevalence area 82.9 percentage of public
prosecutors claimed that the cases has been conducted in camera.
From the above table analysis, it is concluded that using of the camera in conducting the
cases is widely used by the public prosecutors for better evident for the case.

Asking questions to victim related to her past sexual experience or character in the
cross examination:

Table: 6.9: Asking questions to victim related to her past sexual experience or
character in the cross examination
Is the victim asked the questions related to her past
Prevalence sexual experience or character in the cross examination Total
No Yes
15 12 27
High
55.6% 44.4% 100.0%
14 21 35
Low
40.0% 60.0% 100.0%
29 33 62
Total
46.8% 53.2% 100.0%
TIP: 6 Respondents haven’t provided the data presented in table

Table 6.9 reflect the distribution of the respondents according to their opinion about
whether they ask to the victim about their past sexual experience. out of the 62 respondents
6 did not respond. Out of the six respondents 5 were from the high prevalence area whereas
one is from the low prevalence area. Out of the 27 respondents from the high prevalence
area 55.6 percentage of public prosecutors did not asked the victim about their past sexual
experience whereas only 44.4 percentage of the public prosecutors do ask about the history.
In low prevalence area, out of the 35 respondents 40 percentage did not asked about the past
sexual experience to the victim whereas just 60 percentage asked about that.

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The above table analysis concluded that Many public prosecutors specially in the high
prevalence area did not realized the importance of taking the history which is very much
important to know. there is a need of sensitization of the public prosecutors regarding this
aspect.

Getting enough evidences to strengthen the case:

Table: 6.10: Getting enough evidences to strengthen the case


Do you get enough evidences to strengthen
Prevalence the case Total
No Yes
8 20 28
High
28.6% 71.4% 100.0%
6 29 35
Low
17.1% 82.9% 100.0%
14 49 63
Total
22.2% 77.8% 100.0%
TIP:5 Respondents haven’t provided the data presented in table

Table 6.10 represent the opinion of the public prosecutors regarding getting enough
evidences to strengthen the case. Out of the 68 respondents 5 public prosecutors did not
respond. Among them four were from the high prevalence area and one was from the low
prevalence area. Out of 28 respondents from high prevalence area 71.4 percentage of public
prosecutors agreed that they are getting enough evidence to strengthen the case. In the same
way in low prevalence area 82.9 percentage of public prosecutors agreed that they are
getting enough cases for strengthening the case.
From the above table analysis, it is concluded that enough evident are produced by the victim
in front of the public prosecutors while applying for legal proceeding of the case.

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Informing the victim about Victim Compensation and similar funds:

Table: 6.11: Informing the victim about Victim Compensation and similar funds

Do you inform the victim about Victim


Prevalence Compensation and similar funds Total
No Yes
3 23 26
High
11.5% 88.5% 100.0%
0 35 35
Low
.0% 100.0% 100.0%
3 58 61
Total
4.9% 95.1% 100.0%
TIP: 7 Respondents haven’t provided the data presented in table
The table 6.11 depict the initiatives of the public prosecutors in term of informing the victim
about the victim compensation fund and similar kind of funds. It is obvious from the table
that out of the 68 respondents seven public prosecutors did not responded. Among them 6
were belongs to high prevalence area and one belongs to low prevalence area. out of the 26
respondents from high prevalence area only 23 (88.5%) respondents took initiatives in term
of giving information about the victim compensation fund and similar kind of fund whereas
in low prevalence area out of 35 public prosecutors 100 percentage public prosecutors took
initiatives to inform the victim about the fund.
From the Above table analysis, it can be concluded may be due to the ignorance of the
facilities many public prosecutors shared the victims about the welfare funds available.
However, initiatives should be taken by all the public prosecutors in term of giving
information to the victim for available facilities.

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Experience in getting evidence from Police:

Table: 6.12: Experience in getting evidence from Police


What is your experience in getting evidence from
Police
Prevalence Total
Non-
Difficult Cooperative No Comment
Cooperative
5 10 4 9 28
High
17.9% 35.7% 14.3% 32.1% 100.0%
7 22 3 4 36
Low
19.4% 61.1% 8.3% 11.1% 100.0%
12 32 7 13 64
Total
18.8% 50.0% 10.9% 20.3% 100.0%
TIP: 4 Respondents Haven’t provided the data presented in table

The table 6.12 depict opinion of the public prosecutors in term of experience in getting
evidence from police. Out of the total 68 respondents 4 respondents did not respond and all
of them are from the high prevalence area. Out of the 28 respondents from high prevalence
area who respondents highest number of respondents such as 35.7 percentage states that
that receive full cooperation from the police in the process of getting evidence. More over
32.1 percentage of respondents said no comment on this matter. however, 14.3 public
prosecutors shared that they find noncooperation and 17.9 shared it is difficult to get
cooperation from the police. Among the public prosecutors from low prevalence area 61.1
percentage shared that they receive full cooperation from the police however 19.4
percentage of respondents shared that they find difficulties in getting support from the
police
From the above table analysis, it is concluded that the cooperation from the police officer to
public prosecutors is satisfactory, however still some noncooperation is there from the
police which need to be address.

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Video-graphing the statement of the victim:

Table: 6.13: Video graphing the statement of the victim

Is the statement of the victim videographer


Prevalence Total
No Yes
14 14 28
High
50.0% 50.0% 100.0%
7 27 34
Low
20.6% 79.4% 100.0%
21 41 62
Total
33.9% 66.1% 100.0%
TIP: 6 Respondents haven’t provided the data presented in table

The table 6.13 demonstrated the opinion of the police officers about recording the statement
of the victim in video. Out of the total 68 respondents 86 did not respondents to this question.
Out of them 4 were from the high prevalence area and 2 were from the low prevalence area.

Out of the 28 public persecutors from the high prevalence area fifty percentage agreed that
the statement of the victim is video graphs whereas 79.4 percentage of the respondents from
the low prevalence area agreed with the same.
From the above table analysis, it is concluded that the statements of the victim are video
graphs but not all the cases.

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Receiving the statement in CD:


Table: 6.14: Receiving the statement in CD

If yes, is CD of the statement provided to you?


Prevalence Total
N/A No Yes
13 1 12 26
High
50.0% 3.8% 46.2% 100.0%
7 6 14 27
Low
25.9% 22.2% 51.9% 100.0%
20 7 26 53
Total
37.7% 13.2% 49.1% 100.0%
TIP: 15 Respondents haven’t provided the data presented in table

The table 6.14demonstrate the opinion of the public persecutors regarding whether they
receive the statement of the victim in CD. According to the table out of the 68 respondents
15 did not shared their opinion. Among them 6 were from the high prevalence area and 9
were from the low prevalence area. Out of the 26 public persecutors from high prevalence
area 46.2 percentage have positive opinion and in the same way in low prevalence area out
of 27 respondents 51.9 percentage have positive opinion.
the above table analysis concluded that the statement of the victim is presented to the public
persecutors in the CD form in few cases.

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Medical examination report as conclusive proof:


Table: 6.15: Medical examination report as conclusive proof

Does medical examination report a


Prevalence conclusive proof Total
No Yes
13 16 29
High
44.8% 55.2% 100.0%
12 18 30
Low
40.0% 60.0% 100.0%
25 34 59
Total
42.4% 57.6% 100.0%
TIP: 9 Respondents haven’t provided the data presented in table

The table 6.15 represent the opinion of the public persecutors whether they consider the
medical report as conclusive proof. Out of the total 68 public persecutors 9 did not
responded. Out of them 3 were from the high prevalence area and 6 were from the low
prevalence area. Out of the 29 respondents from the high prevalence area 55.2 percentage
of respondents agreed that they consider the medical examination report as conclusive
proof. In low prevalence area, out of the 30 respondents 60 percentage of respondents
agreed that they consider the medical examination report as conclusive proof
From the above table analysis, it can be concluded that the medical examination report is
consider by the public persecutors as conclusive proof.

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Accompaniment with the victim:

Table: 6.16: Accompaniment with the victim


Who accompanies with the victim
Prevalence Guardian/ NGO/ Total
Parents Husband Friend
Relatives Counsellor
14 1 0 7 6 28
High
50.0% 3.6% .0% 25.0% 21.4% 100.0%
22 6 1 4 3 36
Low
61.1% 16.7% 2.8% 11.1% 8.4% 100.0%
36 7 1 11 9 64
Total
56.3% 10.9% 1.6% 17.2% 14.1% 100.0%
TIP: 4 Respondents haven’t provided the data presented in table
The table 6.16 demonstrated the number of victim accompanied by whom to the public
prosecutors for proceedings. Out of the total 68 respondents four public prosecutors did not
responded to this question. All of them belongs to the high prevalence area. Per the public
prosecutors both in high and low prevalence area the victim accompanied for legal
proceedings with their parents. 50 percentage of the public prosecutors in high prevalence
area and 61.1 percentage of respondents in low prevalence area opinion that. The second
highest number of cases accompanied for legal proceedings is guardian or relatives followed
by NGO or counsellor.
From the above table analysis, it can be concluded that while going for legal proceedings
family support systems plays important role in accompanying and providing the mental
support.

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Challenges faced while handling such cases:


Table: 6.17: Challenges faced while handling such cases
What challenges do you have while handling such
Prevalence cases Total
No Challenges Cases doesn’t Open
14 1 15
High
93.3% 6.7% 100.0%
23 4 27
Low
85.2% 14.8% 100.0%
37 5 42
Total
88.1% 11.9% 100.0%
TIP: 26 Respondents haven’t provided the data presented in table

The table 6.17 represent the opinion of the medical practitioner regarding the problems
faced by them while handling the cases of violence. According to the table 26 public
prosecutors did not responded out of them 17 were from the high prevalence area and 9
were from the low prevalence area. Out of the 15 public prosecutors 93.3 percentage of
respondents shared that they did not face any challenges while handling the case while only
6.7 percentage of respondents shared that the biggest challenges for them is that the victim
does not open. In the same way 85/2 percentage from the low prevalence area claimed that
they did not face any problems while 14.8 percentage face problems because the victim do
not open while interacting.

From the above table analysis, it can be concluded that in many instances the victim does not
open which may mislead the report hence proper counseling should be provided to the
victim by the public prosecutors.

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Changes in lodging complaint by the victim:


Table: 6.18: Changes in lodging complaint by the victim
Lodging complaint by the victim
Prevalence Can’t say/ No Total
Negative Positive
Response
7 4 20 31
High
22.6% 12.9% 64.5% 100.0%
4 1 30 35
Low
11.4% 2.9% 85.7% 100.0%
11 5 50 66
Total
16.7% 7.6% 75.8% 100.0%
TIP: 2 Respondents haven’t provided the data presented in table

The table 6.18 demonstrate the opinion of the respondents regarding the change in the
lodging complaint by the victim. According to the table two respondents did not respondents
to the question. one among the respondents belongs to the high prevalence area and another
belongs to the low prevalence area. out of the 31 respondents belongs to high prevalence
area 64.5 percentage respondents have positive opinion whereas 12.9 percentage have
negative opinion. and 22.6 percentage respondents have uncertain response. Moreover, out
of the 35 respondents from low prevalence area 85.7 percentage have positive opinion and
2.9 percentage have negative responses. and 11.4 respondents have uncertain responses.
The above table analysis concluded that many respondents have the positive opinion about
the changes in lodging complain related to violence for violence. still many are un sure to
take a stand hence there is a need of sensitization of the public prosecutors regarding this.

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Changes in Complaint mechanism:


Table: 6.19: Changes in Complaint mechanism
Complaint mechanism
Prevalence Can’t say/ No Total
Negative Positive
Response
7 4 20 31
High
22.6% 12.9% 64.5% 100.0%
3 0 30 33
Low
9.1% .0% 90.9% 100.0%
10 4 50 64
Total
15.6% 6.3% 78.1% 100.0%
TIP: 4 Respondents Haven’t provided the data presented in table
The table 6.19 demonstrate the opinion of the medical practitioner about the changes in
complain mechanism. Out of the total 64 respondents 4 respondents did not respond. Out of
the four respondents 1 was from the high prevalence area and 3 were from the low
prevalence area. out of the 31 respondents in high prevalence area 64.5 percentage of
respondents shared positive opinion whereas 12.9 percentage have negative opinion and
227 percentage respondents have uncertain responses. Out of the 33 respondents from the
low prevalence area 90.9 percentage shared positive opinion and 4 (6.3%) of respondents
shared that it is negative while 15.6 have uncertain opinion.
From the above table analysis, it can be concluded that many respondents have the positive
opinion about the changes in the reporting systems for violence.

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Changes in awareness about Law:


Table: 6.20: Changes in awareness about Law
Awareness about Law
Prevalence Total
Can’t say/ No Response Negative Positive
6 5 20 31
High
19.4% 16.1% 64.5% 100.0%
4 0 29 33
Low
12.1% .0% 87.9% 100.0%
10 5 49 64
Total
15.6% 7.8% 76.6% 100.0%
TIP: 4 Respondents haven’t provided the data presented in table
The table analysis of 6.20 demonstrate the opinion towards the changes in the awareness
about the law. Out of the total 64 respondents four did not respondents and out of them 1
belongs to high prevalence area and 3 belongs to low prevalence area. Out of the 31
respondents from high prevalence area 64.5 percentage of respondents have positive
opinion in term of level of awareness about the law whereas 16.1 percentage respondents
have negative opinion and 19.1percentage of respondents have uncertain response. Among
the 33 respondents from the low prevalence area 87.9 percentage of respondents have
positive opinion whereas 12.1 percent ages of respondents have uncertain response.
From the above table analysis, it can be concluded that many medical practitioner have
positive opinion regarding the awareness of the law however still the negative and uncertain
response still prevailed among the public prosecutors which need to be enhanced and
transferred in to positive response. so, that all the public prosecutors will have better
response.

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Changes in facilities to victims:


Table: 6.21: Changes in facilities to victims
Facilities to victims
Prevalence Can’t say/ No Total
Negative Positive
Response
9 3 18 30
High
30.0% 10.0% 60.0% 100.0%
6 1 29 36
Low
16.7% 2.8% 80.6% 100.0%
15 4 47 66
Total
22.7% 6.1% 71.2% 100.0%
TIP: 2 Respondents haven’t provided the data presented in table
The table 6.21 demonstrate the opinion of the respondents on changes in the facilities to
victims. Out of the total 68 respondents two did not respondents and two of them were
belongs to high prevalence area. Out of the 30 respondents from high prevalence area
18(60%) have the positive opinion regarding the facilities to victims whereas 30 percentage
respondents have uncontained responses. Out of the 36 respondents from low prevalence
area 80.6 percentage respondents have positive responses whereas 16.7 percentage have
uncertain responses
From the above table analysis, it is concluded Maximum public prosecutors have the positive
opinion. However, some have them uncertain responses and few of them have negative
opinion which need to be converted in to positive responses. here there is a need of proper
sensitization of the public prosecutors.

Summary:

This chapters discussed the opinion of the public prosecutors who plays an important role
in the conviction of the accused. participation of the public prosecutors in this study is
positive aspect. According to the public prosecutor’s various forms of violence are reported
in the country and maximum conviction made in the case of Assault on women with intent

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to outrage her Modesty followed by Rape and Kidnapping & Abduction. Public prosecutor’s
claims that the support and help from the other systems like from the police and the medical
officers is quite positive but still in some cases the participation and supports are not
ensured which create some difficulties in proceedings of the case. While proceedings the case
various challenges faced by the public prosecutors. Some of the public prosecutors plays
important role in informing the victim about the victim welfare fund and other fund and help
the victim. From this chapter, it is very much clear that the public prosecutors have very
important roles to play in helping the victim to access the justice. Most of them are playing
their role very effectively however in some instances the sensitiveness and supportiveness
is missing which need to be address by the public prosecutors.

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CHAPTER VII

REALITIES FROM MEDICAL OFFICERS & MEDICAL PRACTITIONERS

Introduction:

Healthcare professionals have a unique opportunity to address violence by identifying


victims, offering support and referrals to community agencies and can play an important role
in addressing the issue more sensitively. Since healthcare professionals are often “the first-
line response” for many people who experience domestic violence, it is important for the
medical practitioner to have awareness and sensitivity toward the issues, also towards the
law policies and provision so that they can identify, record and assist victims with getting
the services and support they need.

Unfortunately, healthcare professionals face personal barriers, job-related barriers and


patient-related barriers that may hinder their ability to effectively identify and assist victims
of violence.

Healthcare professionals often have personal barriers such as: attitudes and perceptions that
violence is a private issue, fear of offending their patient, fear of the patients’ abuser, a lack
of understanding of abuse, lack of confidence or lack of training on screening techniques.
This Personal barrier can play a huge role in determining whether healthcare providers
screen patients for violence. Interpersonal barriers are the barriers that healthcare
providers experience when they are interacting with their patients. These barriers are
significant—particularly language and cultural barriers, misunderstanding about reasons
that victims choose to stay with their abuser, and sometimes the perception that patients are
difficult to screen when they are experiencing psychological difficulties.

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Studies have shown that time constraints, inadequate resources and support, lack of referral
sources and lack of adequate procedures for screening are all additional barriers healthcare
professionals may face.

All this barrier create hurdle for the medical practitioner to address the issues of victim more
sensitively and they became reluctant to offer best care while conducting the medical
examination and treating the victim. In such situation, the evident could not be collected
properly which is very important for the legal procedures.

It is therefore very much important to understand the view of the medical practitioners
towards the problems and their care and support services they extended their opinion and
level of awareness about the act and various provision which is meant for the victim of the
domestic violence.

Keeping this in mind the study tried to reach out to the medical practitioner and tried to
understand number of cases they handled and the procedure they followed while handling
the case, awareness about the provision and laws and finally their opinion about the law and
provisions. which is discussed through table of 7.1 to 7.25 in this chapter.

State wise Distribution:

Table: 7.1: State wise Distribution

State Frequency Percent


Maharashtra 9 23.7
Kerala 3 7.9
UP 21 55.3
Delhi 5 13.2
Total 38 100.0

The table 7.1 represents the distribution of the respondent medical officers who contributed
in the study. According to the table Maximum number of medical practitioner i.e. 55.3
percentage ere belongs to the state of Uttar Pradesh whereas second highest number of

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medical practitioner belongs to the state of Maharashtra which 23.7 percentage of total
respondents. About 7.9 percentage and 13.2 percentage of respondents belongs to the state
of Kerala and Delhi.

The above table analysis concluded that maximum medical practitioner from the state of
Uttar Pradesh were cooperative towards the study and contributed in term of sharing the
information out of their experience.

District wise Distribution:

Table: 7.2: District wise Distribution

District Frequency Percent


Mumbai (MHP) 7 18.4
Gadchiroli (MLP) 1 2.6
Waynadu (KLP) 3 7.9
Lucknow (UPHP) 12 31.6
Mirzapur (UPLP) 9 23.7
North (DLP) 5 13.2
South east (DHP) 1 2.6
Total 38 100.0

The table 7.2 depicts the distribution of the respondents within the high and low prevalence
area. Out of the total 38 respondents 52.6 percentage belongs to high prevalence area.
Surprisingly no respondents were contributed from the high prevalence area of Kerala state.
Among the respondents of high prevalence area 31.6 were from the district of Lucknow
which is considered as the high prevalence study area in the state of Uttar Pradesh. In the
same way responses from the low prevalence area UP stand at the first position. around 23.7
percentage of respondents were belonging to Mirzapur which is the low prevalence area in
the state of Uttar Pradesh. From Kerala, only three respondents contributed in the study who
were belongs to the low prevalence area.

The above table analysis concluded in the state of UP both from high prevalence and low
prevalence area respondents contributed effectively.
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Prevalence wise distribution:

Table: 7.3: Prevalence wise distribution

Prevalence Frequency Percent


High 20 52.6
Low 18 47.4
Total 38 100.0

The table 7.3 represent the distribution of the respondents belongs to high and low
prevalence area. Out of the total 38 respondents, 52.6 percentage of respondents were
belonging to the high prevalence area whereas 47.4 percentage of respondents were
belonging to the low prevalence area.

From the above table analysis, it is concluded that maximum participation from the medical
practitioner who deals with the cases of violence drawn from the high prevalence area.

Cases handled:

Table: 7.4: Cases handled

Year Prevalence Rape Acid attack Kidnapping & Abduction Total

320 0 0 320
High
100.0 0.0 0.0 100.0
2011
62 0 2 64
Low
96.9 0.0 3.1 100.0

354 0 0 354
High
100.0 0.0 0.0 100.0
2012
103 1 5 109
Low
94.5 0.9 4.6 100.0

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452 6 0 458
High
98.7 1.3 0.0 100.0
2013
134 1 4 139
Low
96.4 0.7 2.9 100.0

371 14 0 385
High
96.4 3.6 0.0 100.0
2014
124 3 6 133
Low
93.2 2.3 4.5 100.0

346 16 0 362
High
95.6 4.4 0.0 100.0
2015
195 4 10 209
Low
93.3 1.9 4.8 100.0

2461 45 27 2533
Total
97.1 1.8 1.1 100.0

Table 7.4 depict the number of the cases handled by the medical practitioner in both the high
and low prevalence area. It also shows the trends of the cases handle during the period of
five year starting from 2011 to 2015. It generally shows three different kind of crimes
handled by the medical practitioner that is rape, acid attack, kidnap and abductions. As far
as the treated case of rape by the medical practitioner is concerned there is an increasing
trend from 2011 to 2013 but there is less number of rape cases treated during 2014 and
2015 s compare to cases before 2013. although in term of number it is not very less. Cases of
Acid attack victim treated by the medical practitioner was nil during 2011 however there
was one case treated by the medical practitioner in the low prevalence area in the year 2012.
Year 2013 onwards there is increasing trends of acid attack cases treated by the medical
practitioner. in High prevalence area during 2013, 6 cases were treated which is increased
to 14 in 2014 and 16 in 2015. In low prevalence area, also it witnessed the increasing trends
but as compare thigh prevalence area it is less. As far as victim of Kidnapped and abduction

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cases is concerned no cases has been treated by the medical practitioner in high prevalence
is concern however in the low prevalence areas it shows increasing trends.

From the above table analysis, it can be concluded that gradually the number of victim of
violence undergoing medical examination which is a positive sign however the number is
still less and people should be aware and encourage to consider medical treatment in case of
violence for better prosecution

Place of medical examination conducted:

Table: 7.5: Place of Medical examination conducted

Medical examination conducted at


Prevalence Government Private Municipal Total
Hospital Hospital/clinic Hospital
9 6 4 19
High
47.4% 31.6% 21.1% 100.0%
14 4 0 18
Low
77.8% 22.2% .0% 100.0%
23 10 4 37
Total
62.2% 27.0% 10.8% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table
Table 7.4 represent the place of medical examination conducted by the medical practitioner
in the low and high prevalence study area. Nineteen medical practitioners who conducted
the medical examination for the victim of violence is belong to high prevalence area whereas
18 medical practitioners who conducted medical examination for the victim are belongs to
the low prevalence area. Out of the medical practitioner conducted medical examination in
high prevalence area highest 47.4 percentage respondents conducted the examination in
Government hospital whereas 31.6 medical practitioner examined the victim in the private
hospital and clinic and 21. 1 percentage of medical officer conducted the examination in the
municipality hospital. As far as conducting examination in the low prevalence area is

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concerned highest, 77.8 of the medical officer conducted the examination in the Government
hospital and 27 percentage of doctors conducted the examination on private hospital and
clinic.

The above table analysis concluded that maximum medical officers conducted the medical
examination in the government hospital however quite number of cases were examined in
the private hospital/clinics. This is the positive sign.

Accompaniment the victim:

Table: 7.6: Accompaniment the victim


Who accompanies the victim generally?
Prevalence Female Total
Parents Relatives
Constable

3 14 2 19
High
15.8% 73.7% 10.5% 100.0%

5 12 1 18
Low
27.8% 66.7% 5.6% 100.0%

8 26 3 37
Total
21.6% 70.3% 8.1% 100.0%

TIP: 1 Respondents haven’t provided the data presented in table

The table 7.6 demonstrated the number of victim accompanied by whom to the hospital.
clinics for medical examination per the medical officer’s opinion. out of the total 38
respondents one medical officer did not responded to this question who is belongs to the
high prevalence area. Per the medical practitioner both in high and low prevalence area the
victim accompanied for medical examination with their parents. 73.7 percentage of the
medical practitioner in high prevalence area and 66.7 percentage of respondents in low
prevalence area opinion that. The second highest number of cases accompanied for medical

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examination is the female constable. 15.8 percentage of medical practitioner in high


prevalence area and 27.8 percentage of respondents from low prevalence area shared that
the victim was accompanied with the female constable for medical examination.

From the above table analysis, it can be concluded that while going for medical examination
family support systems plays important role in accompanying and providing the mental
support. The accompaniment services by the police is not very strongly visible in the study
area.

Examines the victims:

Table: 7.7: Examines the victims

Who examines the victims


Prevalence Total
General physician Gynecologist
4 16 20
High
20.0% 80.0% 100.0%
0 18 18
Low
.0% 100.0% 100.0%
4 34 38
Total
10.5% 89.5% 100.0%

The table 7.7 represents the stream of medical officer engaged in the medical examination of
the cases. In high prevalence area, out of the 20-medical practitioner 80 percentage were
gynecologist whereas 20 percentage were general physician whereas in low prevalence area
out of the 18-medical practitioner, all the 18 medical practitioners were Gynecologist.

The table analysis concluded that in maximum cases it was found that the victims were
examined by the gynecologist which is a good indicator.

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Awareness about the amendments made in the criminal law act 2013:

Table: 7.8: Awareness about the amendments made in the criminal law act 2013
Are you aware about the amendments
Prevalence made in the criminal law act 2013? Total
No Yes
11 9 20
High
55.0% 45.0% 100.0%
6 10 16
Low
37.5% 62.5% 100.0%
17 19 36
Total
47.2% 52.8% 100.0%
TIP: 2 Respondents haven’t provided the data presented in table

The table 7.8 analyses represent the distribution of medical practitioner per the level of
awareness about the amendments made in the criminal law act 2013. According to the data
available 2 respondents out of 36 did not respondents to this questions and they were
belonging to low prevalence area. out of the 20 respondents from high prevalence area 11
were not aware about the amendment provision in the act whereas in the low prevalence
are out of the 16 respondents 37.5 were not knowing about the provision but 52.8
percentage of the respondents were aware about the provision.

The table analysis concluded the level of awareness regarding the amendment of provision
in the criminal law act 2013 is very low and limited and there is an urgent need to address
the issues for the better understanding among the medical practitioner.

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Asking details about past sexual experience:

Table: 7.9: Asking details about past sexual experience

Do you ask details about past sexual


Prevalence experience Total
No Yes
11 7 18
High
61.1% 38.9% 100.0%
11 6 17
Low
64.7% 35.3% 100.0%
22 13 35
Total
62.9% 37.1% 100.0%
TIP: 3 Respondents haven’t provided the data presented in table

Table 7.9 reflects the distribution of the respondents according to their opinion about
whether they ask to the victim about their past sexual experience. out of the 38 respondents
3 did not respondents. Out of the tree respondents 2 were from the high prevalence area
whereas one is from the low prevalence area. Out of the 18 respondents from the high
prevalence area 61.1 percentage of medical officer did not asked the victim about their past
sexual experience whereas only 38 percentage of the medical officers do ask about the
history. In low prevalence area, out of the 17 respondents 64.7 percentage did not asked
about the past sexual experience to the victim whereas just 37.1 percentage asked about that.

The above table analysis concluded that Many medical officers did not realized the
importance of taking the history which is very much important to know. There is a need of
sensitization of the medical practitioner regarding these aspects.

Which tests do you conduct?

While examining the victims of violence various test need to be conducted for the
confirmation of the crime. among them Sidle Test, Vaginal Fluid test, pregnancy Test if
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missed period, clinical examination, as per history, genital, body evidence, microbiology, wet
movement, Age determination, inspection examination of various body, sample collection
(hair, Nail, Blood) etc. were conducted by the medical practitioner.

Charging fees for examining the victim:

Table: 7.10: Charging fees for examining the victim

Do you charge fee for examining the victim


Prevalence Total
No Yes
17 2 19
High
89.5% 10.5% 100.0%
15 2 17
Low
88.2% 11.8% 100.0%
32 4 36
Total
88.9% 11.1% 100.0%
TIP: 2 Respondents haven’t provided the data presented in table

The table 7.10 represents the opinion of the medical practitioners in term of charging the
victims for medical examination. Out of the total 38 respondents two did not respondents to
the question. out of the two respondents one each are belongs to high and low prevalence
area each. out of the 19-medical practitioner in the high prevalence area 89.5 percentage of
respondents shared that they do not charges for the examination whereas only 10.5
percentage do charges for the medical examination. Out of the 17 respondents 15 medical
practitioners shared that they do not charges the victim for the medical examination.

The above table analysis concluded that although maximum of the medical practitioner did
not charge the victim for conducting medical examination still few of them do charges.

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Time of examination of the victim:

Table: 7.11: Time of examination of the victim

When do you examine the victim


Prevalence Total
Before FIR is filed After FIR is filed
3 15 18
High
16.7% 83.3% 100.0%
8 9 17
Low
47.1% 52.9% 100.0%
11 24 35
Total
31.4% 68.6% 100.0%
TIP: 3 Respondents haven’t provided the data presented in table

The table 7.11 distributes the respondent medical practitioner based on their opinion
regarding treating the victim women before FIR field or after FIR filed. Out of the total 38
respondents three did not respondents out of them two were from the high prevalence area
and one was from the low prevalence area. Out of the 18-respondent’s medical practitioner
16.7 percentage of respondents from the high prevalence officer admitted that that conduct
the medical examination after FIR registered. In the same way in the low prevalence area
52.9 percentage of the respondents admitted that they conducted the medical examination
after FIR has been registered.

From the above table analysis, it is concluded that maximum number of cases were examined
medically only after a FIR has been registered whether medical examination can be
conducted before the FIR registered.

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Initiating medical treatment:

Table: 7.12: Initiating medical treatment


When do you start medical treatment after
Prevalence examination Total
Immediately After police report
12 8 20
High
60.0% 40.0% 100.0%
14 4 18
Low
77.8% 22.2% 100.0%
26 12 38
Total
68.4% 31.6% 100.0%

The table 7.12 depicts the Reponses of the medical practitioner regarding extending medical
treatment immediately after medical examination of the victim. out of total 38 respondents
68.4 agreed that they extend medical treatment immediately after the treatment. More over
area wise distribution of the respondents indicated that out of the total 20 medical
practitioners in the high prevalence area 60 percentage extended medical treatment
immediately after the examination whereas in low prevalence area the percentage in 77.8.

From the above table analysis, it can be concluded that although maximum percentage of
medical practitioner in both the high and low prevalence area showed sensitiveness towards
the victim of violence still few medial practitioner wait till the police report come which is
an issue of concern. Medical practitioner need to be encouraged to be more sensitive towards
the victim of the violence.

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On an average time for treatment of victim (in hours):

Table: 7.13: On an average time for treatment of victim (in hours)


On an average time for treatment of victim
Prevalence Total
1.00 2.00 7.00
0 1 2 3
High
.0% 33.3% 66.7% 100.0%
2 0 0 2
Low
100.0% .0% .0% 100.0%
2 1 2 5
Total
40.0% 20.0% 40.0% 100.0%
TIP: 33 Respondents haven’t provided the data presented in table

Table 7.13 depicts the distribution of the medical practitioner based on their opinion
regarding average time they took for treatment of the victim. out of the 38 respondents 33
medical practitioners did not respondents which is quite surprising. out of the five medical
respondents who respondents three were from the high prevalence area and two were from
the low prevalence area. out of the 3 respondents from high prevalence area 1 takes two
hours whereas two other respondents shared that they took 7 hours in treating the victim.
Out of the two respondents from low prevalence area two of them just took one hour in
treating the victim of violence.

From the above table analysis, it can be concluded that it is quite surprising that many does
not wanted to share their view. Secondly many medical practitioners try to spend one or two
hours for treating the victim of the violence.

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Evidence collected in this hospital admissible in the Police:

Table: 7.14: Evidence collected in this hospital admissible in the Police

Assault on women with


Acid Kidnapping
Year Prevalence Rape intent to outrage her Total
attack & Abduction
Modesty

0 0 0 0 0
High
0.0 0.0 0.0 0.0 0.0
2011
28 0 0 2 30
Low
93.3 0.0 0.0 6.7 100.0

1 0 0 0 1
High
100.0 0.0 0.0 0.0 100.0
2012
47 1 0 5 53
Low
88.7 1.9 0.0 9.4 100.0

0 0 0 0 0
High
0.0 0.0 0.0 0.0 0.0
2013
64 1 5 4 74
Low
86.5 1.4 6.7 5.4 100.0

8 3 17 0 28
High
28.6 10.7 60.7 0.0 100.0
2014
80 2 16 6 104
Low
76.9 1.9 15.4 5.8 100.0

6 7 14 0 27
High
22.2 25.9 51.9 0.0 100.0
2015
90 3 10 10 113
Low
79.6 2.6 8.9 8.9 100.0

324 17 62 27 430
Total
75.3 3.9 14.4 6.4 100.0

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The table 7.14 illustrates the distribution of the medical practitioner based on their opinion
related to Evidence collected in this hospital admissible in the Police. It indicates the trends
between the year of 2011 and 2015. In the high prevalence area, the trends are fluctuating.
As far as cases of rape is concern in the year 2011, and 2013 none of the evidence was
collected in this hospital admissible in the Police which is just one in the year 2012 and 8 in
2014 more over 6 in 2016. In case of low prevalence area, the collection of evidence is in
increasing order. Before the year 2013 maximum in 64 case evidence has been collected
whereas in 90 (97.6%) of cases evidence has been collected. As far as collected evidence in
the case of acid attack is concerned before 2013 in one case in each area the evidence has
been collected but after 2013 especially in the year 2015 in the case of 7 incidence evidence
has been collected whereas in low prevalence area in case of three incidences the evidence
has been collected. In case of Assault on women with intent to outrage her Modesty before
2013 in none of the cases in high prevalence area evidence have been collected. where during
2014 and 2015 in few cases the evidence have been collected by the medical practitioners.
From the above table analysis, it is concluded that although the medical examination the
prime objectives also to collect evidence still many of the medical practitioner did not give
preference to that. Before the 2013 the sensitiveness of the medical practitioner in term of
collecting evidence was very low which is now increasing still there is an urgent need of
sensitizing the medical practitioners to collect evidence while conducting the medical
examinations.

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Availability of Sexual Assault Kit in hospital:

Table: 7.15: Availability of Sexual Assault Kit in hospital


Do you have Sexual Assault Kit in your
Prevalence hospital Total
No Yes
14 4 18
High
77.8% 22.2% 100.0%
13 2 15
Low
86.7% 13.3% 100.0%
27 6 33
Total
81.8% 18.2% 100.0%
TIP: 5 Respondents haven’t provided the data presented in table
The table 7.15 depicts the availability of the sexual assault kit in the hospital generally the
victims undergone medical examination. According this table 5 respondent medical
practitioner did not responded out of which 2 were from the high prevalence area and 3 were
from the low prevalence area. Out of the 18-medical practitioner 14 agreed that there were
no sexual assault kits at the hospital whereas in the low prevalence area in the same manner
86.7 percentage of medical practitioner agreed that there was no sexual assault medical kit
in the hospital readily available.

The above table analysis concluded that many hospital does not realize the importance of
keeping the sexual assault kit in the hospital which should be radially available in every
hospital.

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Availability of Forensic Lab for testing of vaginal fluid sample:

Table: 7.16: Availability of Forensic Lab for testing of vaginal fluid sample
Do you have the facility of Forensic Lab for
Prevalence testing of vaginal fluid sample Total
No Yes
15 4 19
High
78.9% 21.1% 100.0%
17 1 18
Low
94.4% 5.6% 100.0%
32 5 37
Total
86.5% 13.5% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table
The table analysis of 7.16 represent the distribution of the opinion of the respondents based
on their opinion regarding Availability of Forensic Lab for testing of vaginal fluid sample. Out
of the total 38 respondents one respondents did not shared his view and he is belonging to
the high prevalence area. out of the 19-medical practitioner from the high prevalence area
15 shared that no forensic lab facilities available for testing the vaginal fluid and in the
absence of Forensic Lab most of them send the sample to the pathologists. In low prevalence
area 94.4 percentage of the medical practitioner shared the same.

The above table analysis concluded that in absence of availability of the forensic lab for
testing alternative methods adopted for testing which is good but then sample should also
be collected for forensic test and send to the centers where the facilities are available.

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Time involved in getting the report:

Table: 7.17: Time involved in getting the report


How much time does it take to get the report?
Prevalence Total
1.00 2.00 3.00 4.00 15.00
1 1 0 1 0 3
High
33.3% 33.3% .0% 33.3% .0% 100.0%
0 0 1 0 1 2
Low
.0% .0% 50.0% .0% 50.0% 100.0%
1 1 1 1 1 5
Total
20.0% 20.0% 20.0% 20.0% 20.0% 100.0%
TIP: 33 Respondents haven’t provided the data presented in table
The table 7.17 represents the opinion of the medical practitioners in term of time involved
in the getting medical report of the women victim. According to the data given in the table
33 medical practitioners did not respondents. Out of them 17 were from the high prevalence
area whereas 16 were from the low prevalence area. Out of the three respondents in high
prevalence area shared one shared it takes 1 hr. to get the report where another respondent
shared it takes two hour to get the report whereas one more respondents shared that it
generally takes four hour to get the result. Out of the two respondents from the low
prevalence area one shared it takes more than three hours and another shared five hours to
get the report of the medical test.

The above table analysis concluded that the reports of the medical examination take
generally from one hour to five hours to access.

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Having special counseling facility for victims:

Table: 7.18: Having special counseling facility for victims

Is this hospital having any special counseling


Prevalence facility for victims Total
No Yes
12 7 19
High
63.2% 36.8% 100.0%
12 6 18
Low
66.7% 33.3% 100.0%
24 13 37
Total
64.9% 35.1% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table
The table 7.18 illustrates the opinion of the medical practitioner regarding the special
counseling facility available for the victim in the hospital. It shows that out of the 38
respondents medical practitioners one did not responded to the question who is belongs to
the high prevalence area. out of the 19 respondents belongs to high prevalence area only 7
(36.8 %) respondents agreed that there are special counseling services available in the area
whereas 33.3 parentages of the respondents out of 18 belongs to the low prevalence area
shared that special counseling services are available in the study area.

Fromm the above table analysis it can be concluded that there is lack of counseling services
available in the hospital where the women victim goes for medical checkup and treatment.

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Referring for trauma management:

Table: 7.19: Referring for trauma management


Where do you refer for trauma management?
Short NGO Manage Child
Prevalence One-stop Hospi Big Total
stay accommo to all this Welfare AIIMS
Centre tal Hospital
homes dation LM Board

1 0 1 1 1 1 2 1 8
High
12.5% .0% 12.5% 12.5% 12.5% 12.5% 25.0% 12.5% 100.0%

1 3 3 0 0 0 0 0 7
Low
14.3% 42.9% 42.9% .0% .0% .0% .0% .0% 100.0%

2 3 4 1 1 1 2 1 15
Total
13.3% 20.0% 26.7% 6.7% 6.7% 6.7% 13.3% 6.7% 100.0%

TIP: 23 Respondents haven’t provided the data presented in table

The table 7.19 represents the opinion of the respondent medical practitioner towards
whether they refer the violence victim for trauma management. out of the 38 respondents
23 did not responded to the question. Among them 12 were from the high prevalence area
and 11 were from the low prevalence area. out of the respondents belong to high prevalence
area few of them shared that they refer the victim to short stay home, NGO accommodation,
child welfare board or AIIMS. Respondents from low prevalence area shared they refer the
client to one stop center or NGO accommodation for the trauma management.

The above table analysis concluded that there are various forms of institution and
establishment available for the trauma management of women violence victims. The benefit
of such institution should be made available for all the victims.

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Challenges faced while handing such cases:

Table: 7.20: Challenges faced while handing such cases

What challenges do you face while handing


Prevalence such cases Total
No Challenges patient doesn’t open
13 3 16
High
81.3% 18.8% 100.0%
12 4 16
Low
75.0% 25.0% 100.0%
25 7 32
Total
78.1% 21.9% 100.0%
TIP: 6 Respondents haven’t provided the data presented in table
The table 7.20 represent the opinion of the medical practitioner regarding the problems
faced by them while handling the cases of violence. Per the table 6 medical practitioners did
not responded out of them four were from the high prevalence area and two were from the
low prevalence area. Out of the 16-medical practitioner 81.3 percentage of respondents
shared that they did not face any challenges while handling the case while only 18.8
percentage of respondents shared that the biggest challenges for them is that the victim does
not open. In the same way 75 percentage from the low prevalence area claimed that they did
not face any problems while 21.9 percentage face problems because the victim do not open
while interacting.

From the above table analysis, it can be concluded that in many instances the victim does not
open which may mislead the report hence proper counseling should be provided to the
victim and need to be behave sensitively so that they will feel comfortable to share the
experience clearly.

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Suggestions to improve the concerned services:

Hospitals need more infrastructure and facilities at district level there should be forensic lab,
don’t have lady gynecologist, awareness, as patient arrives late due to local issues the
evidence collection becomes difficult, more frequent meeting of various departments to
complaint should as early as incident, proper counselling support & rehabilitation to be
done, MLC should be compulsory, It should not be time consuming, MSSO should be involved
in the process, counselling and follow up, shelter homes should be there, need of dedicated
staff and counsellor should be there.

Informing victim about victim Compensation Fund and similar funds:

Table: 7.21: Informing victim about victim Compensation Fund and similar funds

Do you inform the victim about victim


Prevalence Compensation Fund and similar funds Total
No Yes
14 6 20
High
70.0% 30.0% 100.0%
13 4 17
Low
76.5% 23.5% 100.0%
27 10 37
Total
73.0% 27.0% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table
The table 7.21 depicts the initiatives of the medical practitioner in term of informing the
victim about the victim compensation fund and similar kind of funds. It is obvious from the
table that out of the 38 respondents one medical practitioner did not responded and he is
belongs to low prevalence area. out of the 20 respondents from high prevalence area only 6
(30%) respondents took initiatives in term of giving information about the victim
compensation fund and similar kind of fund whereas in low prevalence area out of 17

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medical practitioners only 23.5 percentage of respondents were taking initiatives to inform
the victim about the fund.

From the Above table analysis, it can be concluded may be due to the ignorance of the
facilities many medical practitioners did not shared the victims about the welfare funds
available. hence special initiatives should be made to aware the medical practitioner about
the provision and sensitiveness should be developed so that can inform such victim if they
come to them for medical checkup and treatment.
Changes in lodging complaint by the victim:

Table: 7.22: Changes in lodging complaint by the victim

Lodging complaint by the victim


Prevalence Can’t say/ No Total
Positive
Response
2 13 15
High
13.3% 86.7% 100.0%
4 14 18
Low
22.2% 77.8% 100.0%
6 27 33
Total
18.2% 81.8% 100.0%
TIP: 5 Respondents haven’t provided the data presented in table

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Changes in Complaint mechanism:

Table: 7.23: Changes in Complaint mechanism

Complaint mechanism
Prevalence Can’t say/ No Total
Negative Positive
Response
2 0 13 15
High
13.3% .0% 86.7% 100.0%
2 2 14 18
Low
11.1% 11.1% 77.8% 100.0%
4 2 27 33
Total
12.1% 6.1% 81.8% 100.0%
TIP: 5 Respondents haven’t provided the data presented in table
The table 7.23 demonstrate the opinion of the medical practitioner about the changes in
complain mechanism. Out of the total 38 respondents 5 respondents did not respond. Out of
the five respondents 5 were from the high prevalence area. out of the 15 respondents in high
prevalence area 86.7 percentage of respondents shared positive opinion whereas 2 (13.3%)
responded shared that they cannot comment on that. Out of the 18 respondents from the low
prevalence area 77.8 percentage shared positive opinion and 2 (6.1%) of respondents
shared that it is negative.

From the above table analysis, it can be concluded that many respondents have the positive
opinion about the changes in the reporting systems for violence. still many are un sure to
take a stand hence there is a need of sensitization of the medical practitioner to make them
understand about the importance and need of the law.

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Changes in Awareness about Law:

Table: 7.24: Changes in Awareness about Law

Awareness about Law


Prevalence Can’t say/ No Total
Negative Positive
Response
1 3 12 16
High
6.3% 18.8% 75.0% 100.0%
2 0 16 18
Low
11.1% .0% 88.9% 100.0%
3 3 28 34
Total
8.8% 8.8% 82.4% 100.0%
TIP: 4 Respondents haven’t provided the data presented in table
The table analysis of 7.24 demonstrates the opinion towards the changes in the awareness
about the law. Out of the total 38 respondents four did not respondents and all four are
belongs to high prevalence area. out of the 16 respondents from high prevalence area 12
have positive opinion in term of level of awareness about the law whereas 18.8 percentage
respondents have negative opinion and 6.3 percentage of respondents have uncertain
response. Among the 18 respondents from the low prevalence area 88.9 percentage of
respondents have positive opinion whereas 8.8 percentage have negative opinion and 8.8
percent have uncertain response.

From the above table analysis, it can be concluded that many medical practitioner have
positive opinion regarding the awareness of the law however still the negative and uncertain
response still prevailed among the medical practitioner which need to be enhanced and
transferred in to positive response. so, that all the medical practitioner will be aware about
it. for better response.

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Changes in Facilities to Victim:

Table: 7.25: Changes in Facilities to Victim


Facilities to Victim
Prevalence Can’t say/ No Total
Negative Positive
Response
1 2 13 16
High
6.3% 12.5% 81.3% 100.0%
3 1 13 17
Low
17.6% 5.9% 76.5% 100.0%
4 3 26 33
Total
12.1% 9.1% 78.8% 100.0%
TIP: 5 Respondents haven’t provided the data presented in table
The table 7.25 illustrates the opinion of the medical practitioner regarding the changes in
facilities provided to the victim. Out of the total 38 respondents 5 did not responded. Among
them four are from high prevalence area and one was from low prevalence area. Among the
16 respondents from high prevalence area 13(81.3%) have positive responses whereas 76.5
percentage respondents from low prevalence area have positive responses.

From the above table analysis, it can be concluded that maximum number of medical
practitioner have positive opinion regarding the changes in facilities to victim. Still there is a
need of sensitization so that the entire practitioner will developed positive opinion towards
this.

Any other changes observed in these three years:

More false cases interested living in relationship for years end in fight case and cases have
increased.

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Summary:

To address and reduce the presence of above barriers, it is important to educate and train
professionals about the dynamics of abuse, how to effectively and sensitively identify
victims, how to develop cultural competency, how to screen and refer patients for help and
how to develop comprehensive policies and procedures within their practice settings. if the
medical practitioner will be well sensitized and trained then they will deal the patients very
sensitively with the other support service for collecting the correct and relevant facts and
proof which is needed for the legal procedures.

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CHAPTER VIII

REALITIES FROM NIRBHAYA FUND OFFICERS

Introduction:

Nirbhaya Fund is an Indian rupee 10 billion corpus announced by Government of India in


its 2013 Union Budget. According to the then Finance Minister P. Chidambaram, this fund is
expected to support initiatives by the government and NGOs working towards protecting the
dignity and ensuring safety of women in India. Nirbhaya (fearless) was the pseudonym given
to the 2012 Delhi gang rape victim to hide her actual identity. The Ministry of Women and
Child Development, along with several other concerned ministries, will work out details of
the structure, scope and the application of this fund.

History:

Nirbhaya Fund was announced by the Finance Minister in his 2013 budget speech, with
Government contribution of Rs. 1000 Crores for empowerment, safety and security of
women and girl children.[1] The Fund is administered by Department of Economic Affairs of
the finance ministry.

Utilization of Funds:

Various ministries have proposed projects to utilize this fund with a view to enhance the
safety and security of women in the country. Some of the ministries which have submitted
such proposals are the Ministry of Information Technology, the Ministry of Road Transport
and Highways and Ministry of Railways.[3]

In November 2013, the Ministry of Urban Development asked states to propose and
implement new plans that can be financed through the Nirbhaya Fund. The ministry has also
notified States and Union Territories who would not get their quotas of new buses under

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the Jawahar Nehru National Urban Renewable Mission if they fail to put in place steps to
make public transport system safe for women. 3

Clarification regarding Utilization of Nirbhaya Fund

Some reports have appeared in a section of the press stating that the Nirbhaya Fund is
underutilized. The correct position regarding the utilization of the Nirbhaya Fund is given
below.

The Ministry of Finance, Government of India had set up a dedicated fund called Nirbhaya
Fund in 2013, for implementation of initiatives aimed at enhancing the safety and security
for women in the country. It is a non-lapsable corpus fund.

Recognizing the need to strengthen the mechanism for scrutiny and sanction of the
proposals under Nirbhaya Fund, Ministry of Finance (DEA) has issued guidelines from time
to time for administration and operationalization of the Fund. As per the guidelines issued
by Ministry of Finance dated 25.03.2015, Ministry of Women and Child Development is the
nodal Ministry to appraise schemes under Nirbhaya Fund and to review and monitor the
progress of sanctioned Schemes in conjunction with the line Ministries/Departments.
Ministry of Finance (DEA) has issued guidelines on 26.10.2015 by which an Empowered
Committee of Officers was constituted under the Chairmanship of Secretary, WCD for
appraising and approving various schemes/projects proposed by the
Ministries/Departments to be funded from the Nirbhaya Fund.

The Empowered Committee of Officers, which is an inter-ministerial committee appraises


and recommends various proposals/projects proposed by different
Ministries/Departments/States. This Committee regularly reviews the implementation of
projects from time to time. So far, the Empowered Committee has met seven times i.e. on
26.11.15, 06.01.16, 18.2.16, 27.4.16, 19.7.16, 30.9.16 and 20.12.16.

3
https://en.wikipedia.org/wiki/Nirbhaya_Fund accessed on 22_2_2017

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Under Nirbhaya fund, 18 proposals amounting to Rs.2195.97 Crores have been received so
far, out of which 16 proposals amounting to Rs. 2187.47 Crores have been appraised and
recommended by the Empowered Committee.

Schemes of Ministry of Women and Child Development under Nirbhaya Fund Keeping in
mind the need to have schematic interventions and proper mechanism for handholding of
women in distress, 3 schemes i.e. ‘One Stop Centre’, ‘Universalization of Women Helpline’
and ‘Mahila Police Volunteer’ were initiated by the Ministry of Women and Child
Development from the Nirbhaya Fund as follows:

i. Popularly known as Sakhi Centres, the One Stop Centre Scheme is being implemented
across the country since 1st April 2015. It aims at establishing Centres to facilitate
women affected by violence. It provides First aid, Medical aid, Police assistance,
Legal aid and counselling support. 186 OSCs are approved to be set up in the country.
So far, 79 One Stop Centres have become operational. All the 186 centres are
expected to be operational by July, 2017.

ii. Helpline specifically for women with a common number across the country will link
the One Stop Centres being established by the Ministry of Women & Child
Development. The Department of Telecommunication has allocated the number 181
to all States/UTs for Women Helpline. So far, Women Helplines are already
operational in 18 States/UTs although funds have been released by Govt. of India to
33 States/UTs.

iii. Mahila Police Volunteers (MPVs) will act as a link between police and community
and help women in distress. Haryana has become the first state to start the Mahila
Police Volunteer scheme. It was launched at Karnal on 14th December, 2016 for the
districts of Karnal and Mahendragarh in Haryana. Other States are expected to
implement the scheme soon.

Schemes of other Ministries/Departments under Nirbhaya Fund

i) Ministry of Home Affairs:

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a) Emergency Response Support System- For creation of an Emergency Response


Support System (ERSS) with a total cost of Rs.321.69 crores which aims to
integrate all emergency numbers to 112 with state of art technology. ERSS
envisages an integrated computer aided emergency response platform to
respond to distress calls and ensure speedy assistance to the distressed persons.

b) Central Victim Compensation Fund -A Corpus Fund of Rs.200 crores to be


disbursed to States/UT for Central Victim Compensation Scheme (CVCF) framed
under section 357A CrPC. This will support States/UTs in providing fund towards
compensation to the victim or her dependents who have suffered loss or injury
because of the crimes (including survivors of rape and acid attack).

ii) Ministry of Railways: Integrated Emergency Response Management System: This project
of Railways at a cost of Rs.500 crores have been approved to provide around the clock
security to women passengers in 983 Railway Stations by strengthening of Security
Control Rooms of Railways with 182 Security Helpline, Medical Facilities, RPF and police,
installation of CCTV cameras, etc.

iii) Abhaya Project Proposal (Andhra Pradesh): This proposal is for ensuring the safety of
Women and Girl child during the transport (auto rickshaw) has been proposed by
Andhra Pradesh with a cost of Rs. 138.49 Crores.

iv) CHIRALI: Friends Forever (Rajasthan) is a scheme to constitute Community Action


Groups in 7 districts of Rajasthan covering a total of 2071 Gram Panchayats for a period
of three years i.e. from 2016-17 to 2018-19 with an objective to create an enabling
environment that would support girls and women to move freely and make use of
choices, spaces and opportunities for their overall wellbeing. The cost of the Project is
Rs. 10.20 Crores.

The amount allocated to different projects is approximately Rs.1530 Crores so far and the
expenditure incurred is approximately Rs.400 Crores (as per the information available in the
Ministry of Women and Child Development). 4

4
http://pib.nic.in/newsite/PrintRelease.aspx?relid=157727 accessed on 22_2_2017

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The presented chapter deals with the Realities from Nirbhaya Fund Officers.

Sate wise Distribution:

Table: 8.1: Sate wise Distribution


State Frequency Percent

Maharashtra 3 75.0

UP 1 25.0

Total 4 100.0

The table 8.1 represent the state wise distribution of the Nirbhaya Fund officers who
contributed in the study. According to the table total 4 Nirbhaya Fund officers have
contributed by sharing their opinion on various question. Out of the total 4respondents
maximum 75 percentage of respondents were belongs to the state of Maharashtra. The
second state from where the Nirbhaya Fund officers contributed towards the study is UP.
From Uttar Pradesh 25 percentage of responded contributed.

From above table analysis, it can be concluded that participation from the Nirbhaya Fund
officers are ensured only from the state of Maharashtra and Uttar Pradesh.

District wise Distribution:

Table: 8.2: District wise Distribution


District Frequency Percent

Mumbai (MHP) 2 50.0

Gadchiroli (MLP) 1 25.0

Mirzapur (UPLP) 1 25.0

Total 4 100.0

The table 8.2 demonstrate the distribution of the respondents Nirbhaya Fund officers based
on the prevalence area. Out of the total 4 Nirbhaya Fund officers 2 belongs to the high

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prevalence area whereas another 2 belongs to the low prevalence area. Out of the 2 Nirbhaya
Fund officers from high prevalence area both are belongs to Mumbai which is consider as
the high prevalence area of Maharashtra. Out of the two respondents from the low
prevalence area one belongs to Gadchiroli which is the low prevalence area of Maharashtra
and another belongs to Mirzapur which is the low prevalence area of Uttar Pradesh.

The above table analysis concluded that only from Maharashtra both high and low
prevalence area and from low prevalence area of Uttar Pradesh Nirbhaya Fund officers
contributed in the study.

Prevalence wise Distribution:

Table: 8.3: Prevalence wise Distribution


Prevalence Frequency Percent

High 2 50.0

Low 2 50.0

Total 4 100.0

The table 8.3 demonstrate the segregation of the respondents based on the high and low
prevalence area. It is clear from the table that 50 percentage of respondents were belongs to
high prevalence area whereas another 50 percentage of respondents were belonging to low
prevalence area.

From the above table analysis, it can be concluded that from the both high and low
prevalence area equal participation of the Nirbhaya fund officer was ensured.

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Other responsibility share by the fund officers:

Table: 8.4: Other responsibility share by the fund officers


Responses Frequency Percent
No other responsibility 2 50.0
other schemes 1 25.0
women & child development 1 25.0
Total 4 100.0

Table 8.4 depict the opinion of the Nirbhaya Fund officers about the types of responsibility
shared by them. According to the table out of the four respondents 50 percentage shared
that they don't share any other responsibility whereas 25 percentage of respondents shared
that they do share responsibility in other schemes. Out of them 25 percentage of the
respondents shared that specifically they shared the responsibility in women and child
development program.

From the above table analysis, it is concluded that some of the fund officer actively shared
other responsibilities whereas some of them only focus on the activities related to Nirbhaya
fund.

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Applications came under scheme:

Table: 8.5: Applications came under scheme

Insult to modesty of Women

Kidnapping & Abduction


Assault on women with
intent to outrage her
Acid attack

Modesty
Year Prevalence
Rape Total

0 0 0 0 0 0
High
0.0 0.0 0.0 0.0 0.0 0.0
2011
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

0 0 0 0 0 0
High
0.0 0.0 0.0 0.0 0.0 0.0
2012
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

2 0 0 0 0 2
High
100.0 0.0 0.0 0.0 0.0 100.0
2013
5 0 0 5 0 10
Low
50.0 0.0 0.0 50.0 0.0 100.0

31 1 0 0 0 32
High
96.9 3.1 0.0 0.0 0.0 100.0
2014
11 0 0 13 00 24
Low
45.8 0.0 0.0 54.2 0.0 100.0

2015 High 14 0 0 0 0 14

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100.0 0.0 0.0 0.0 0.0 100.0

22 0 0 21 0 43
Low
51.2 0.0 0.0 48.8 0.0 100.0

85 1 0 39 0 125
Total
68.0 0.8 0.0 31.2 0.0 100.0

The table 8.5 highlights the number of applications came for the benefit of the schemes and
the nature of the victim. Between 2011 to 2015 total 125 victims applied for the benefit of
the funds. out of them 68 percentage application came from the victim of rape whereas only
one application came from the victim of acid attack more over 31.2 percentage of application
came from the victim of Insult to modesty of Women. Before 2013 no application had
received by the fund officers which means after 2013 people from both low and high
preference area started applying for the benefit under the programme.

From the above table analysis, it is concluded that till 2015 very few people have applied for
the benefit of the schemes.

Victims got benefit:

Table: 8.6: Victims got benefit


Insult to modesty of
Assault on women

Kidnapping &
with intent to
outrage her
Acid attack

Abduction
Modesty

Women

Total
Rape

Year Prevalence

0 0 0 0 0 0
High
0.0 0.0 0.0 0.0 0.0 0.0
2011
0 0 0 0 0
Low 0
0.0 0.0 0.0 0.0 0.0

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0.0

0 0 0 0 0 0
High
0.0 0.0 0.0 0.0 0.0 0.0
2012
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

2 0 0 0 0 2
High
100.0 0.0 0.0 0.0 0.0 100.0
2013
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

15 1 0 0 0 16
High
93.7 6.3 0.0 0.0 0.0 100.0
2014
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

1 0 0 0 0 1
High
100.0 0.0 0.0 0.0 0.0 100.0
2015
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

18 1 0 0 0 19
Total
94.7 5.3 0.0 0.0 0.0 100.0

The table 8.6 highlights the number of beneficiaries benefitted under the schemes and the
nature of the victim. Between 2011 to 2015 only 19 applicants have got benefit of the
schemes. out of the beneficiaries 94.7 percentage beneficiaries were victim of rape whereas
only one beneficiaries were the victim of acid attack

In the year 2013 only 2 beneficiaries got benefit of the schemes whereas maximum
beneficiaries were benefitted in the year 2015 and in 2015 only one applicant was benefited
under the fund.

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From the above table analysis, it is concluded that till 2015 the percentage of the
beneficiaries of the schemes was very low. only 15 .2 percentage of the victim applied for the
fund were benefitted which is very low.

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Amount/Fund allocated:

Table: 8.7: Amount/Fund allocated

with intent to outrage

Insult to modesty of
Assault on women

Kidnapping &
her Modesty
Acid attack

Abduction
Women
Total

Rape
Year Prevalence

0 0 0 0 0 0
High
0.0 0.0 0.0 0.0 0.0 0.0
2011
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

0 0 0 0 0 0
High
0.0 0.0 0.0 0.0 0.0 0.0
2012
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

400000 0 0 0 0 400000
High
100.0 0.0 0.0 0.0 0.0 100.0
2013
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

3500000 300000 0 0 0 3800000


High
92.1 7.9 0.0 0.0 0.0 100.0
2014
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

200000 0 0 0 0 200000
High
2015 100.0 0.0 0.0 0.0 0.0 100.0

Low 0 0 0 0 0 0

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0.0 0.0 0.0 0.0 0.0 0.0

4100000 300000 0 0 0 4400000


Total
93.2 6.8 0.0 0.0 0.0 100.0

The table 8.7 depict the amount of financial benefit allotted to the applicant victim under the
Nirbhaya Fund. Per the information around 4400000 rupees was allotted to the
beneficiaries. Out of them Rupees 4100000 was for the rape victim and Rupees 300000 for
the victim of acid attack. Till 2012 no financial benefit was benefited whereas in the year
2013 rupees 400000 was distributed whereas highest amount of fund i.e. rupees 3800000
was distributed in the year 2014.

From the above table analysis, it is concluded that out of the amount distributed as a
Nirbhaya fund benefit the highest beneficiaries belongs to the victim of rape.

What is the procedure of fund delivery?


Q 5 1. FIR is uploaded on website of the scheme
2. it is automatically uploaded in CMO’s mail box
3. then medico legal case report is uploaded on site
4. DPO Inbox
5. it is then analyzed
6. Forward to district selection committee
7. After decision of district selection committee fund is released
8. if amount is more than 10 lack state select

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Time for releasing fund:

Table: 8.8: Time for releasing fund


Responses Frequency Percent
Six Months 2 50.0
One Year 1 25.0
More than a year 1 25.0
Total 4 100.0

Table 8.8 demonstrate the distribution of the respondents Nirbhaya fund officers based on
their opinion on time duration needed for releasing the fund. per the table out of the four
NIRBHAYA fund officer 50 percentage agreed that it take maximum six month to release the
fund whereas 25 percentage of the respondents agreed that it almost one year for release
the fund. More over twenty-five percentage of the respondents believed that it takes more
than one month.

From the above table analysis, it is concluded that there is a difference of opinion of the
respondents regarding releasing of the fund. however, it generally takes almost on year to
receive that fund.

Restricting allocation of funds to the same financial year:

Table: 8.9: Restricting allocation of funds to the same financial year


Responses Frequency Percent
Yes 1 25.0
No, it carries to next financial
3 75.0
year
Total 4 100.0

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The table 8.9 depict the opinion of the respondent fund officers regarding restriction of the
allocation of fund to the same financial year or not. out of the four respondents 25 percentage
shared that yes there is restriction of allocating the fund with in the same financial year
whereas 75 percentage of the respondents shared that there is no such restriction and it can
be carrels to the next financial years.

From the above table analysis, it is concluded that as far as dispersion of the fund to the
victim is concern there is no specific restriction of the financial years.

Having committee to decide benefits to victims to release funds:

All the respondents having committee to decide benefits to victims to release funds and the
structure of it mentioned below:
1. District Officer
2. SP
3. Legal authority
4. NGO

Committee is headed by a district collector member secretary of this committee is DWCD


officer while other member is DCP, CAW, Crime branch Dist. Govt plaid from dist. session
court NGO member & Dean of civil hospital CJ J hospital per GR Instead of dean member
consist of Gynecologist & forensic science expert from J.J Hospital.

Conclusion:

This chapter discussed the opinion and roles and responsibilities and the opinion of the
Nirrbhaya fund officers. first, very few Nirbhaya fund officers participated in the study. As
far as application of the victim to access the benefit of the fund is concern very few
applications has received by the department as compared to the cases. More over in case of
very limited cases the fund has been allotted to the victim. There is an urgent need to

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sensitize the Nirbhaya fund officers to be more sensitive to wards the victims and taking
special initiatives to aware the people about the benefits.

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CHAPTER IX

REALITIES FROM SOCIAL COUNSELLORS

Introduction:

When we talk about violence, it is easy to focus on the physical effects. The injuries that can
come about can be life-changing and can even result in death. It is important however to also
consider the impact this behavior can have on victim's mental health. Depression, anxiety
and low self-esteem are typical by-products of a violent experience. These psychological
effects can be incredibly destructive. Many victims report feeling suicidal. This psychological
effect completely change the personality of the victim. Hence it is important to extend the
psychological support to the victim. This support is well extended to the victim through the
process of counseling. When we say counseling, it is the provision of professional assistance
and guidance in resolving personal or psychological problems. It affects their ability to
function normally in the workplace and develop healthy relationships. Hence the role of the
counselor in the life of domestic violence victim is considered very important.

In this chapter the opinion, experience and difficulties faced by the counsellor during the
process of counselling of a violence victim is discussed in detail. this chapter also focused on
the initiatives taken by the counsellor and their level of awareness related to various legal
aspect related to the welfare of the violence victims. All the aspects are discussed in the table
9.1 to 9.45. The analysis and discussion of the table gives a clear understanding of the
counsellor role importance and initiatives taken by the counsellor.

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State wise distribution:

Table: 9.1: State wise distribution


State Frequency Percent
Maharashtra 18 37.5
Kerala 8 16.7
UP 10 20.8
Delhi 12 25.0
Total 48 100.0

The table 9.1 represent the state wise distribution of the respondent public prosecutor who
contributed in the study. Per the table total 48 social counsellors have contributed by sharing
their opinion on various question. Out of the total 48 respondents maximum 37.5 percentage
of respondents were belongs to the state of Maharashtra. The second highest groups of
respondents belong to the state of Delhi. Lowest 16.7 percentage of the social counsellor are
from the state of Kerala.

From above table analysis, it can be concluded that participation from the social counsellor
are ensured in almost all the study state however Social counsellor belongs to Maharashtra
and Delhi shows the maximum participation.

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District wise distribution:


Table: 9.2: District wise distribution
District Frequency Percent
Mumbai (MHP) 16 33.3
Gadchiroli (MLP) 2 4.2
Trivendrum (KHP) 1 2.1
Waynadu (KLP) 7 14.6
Lucknow (UPHP) 7 14.6
Mirzapur (UPLP) 3 6.3
North (DLP) 3 6.3
South east (DHP) 9 18.8
Total 48 100.0

The table 9.2 demonstrate the distribution of the respondent social counsellor based on the
prevalence area. Out of the total 100 social counsellors 33 belongs to the high prevalence
area whereas 15 belongs to the low prevalence area. Out of the 33-social counsellor from
high prevalence area highest 33.3 percentage of respondents belongs to Mumbai high
prevalence area followed by South Delhi which is high prevalence area of Delhi. Out of the
total 15 respondents from low prevalence area Maximum 14.6 percentage of respondents
belongs to Waynadu which is the low prevalence area of Kerala.

The above table analysis concluded that from all the state and within the state, from all the
high and low prevalence area the social counsellor participated and contributed in the study.
However highest number of contribution achieved from Maharashtra and Delhi, Kerala.

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Prevalence wise distribution:


Table:9.3: Prevalence wise distribution
Prevalence Frequency Percent
High 33 68.8
Low 15 31.3
Total 48 100.0

The table 9.3 demonstrate the segregation of the respondents based on the high and low
prevalence area. It is clear from the table that 68.8 percentage of respondents were belongs
to high prevalence area whereas 31.3 percentage of respondents were belonging to low
prevalence area.

From the above table analysis, it can be concluded that maximum participation of the social
counsellor was drawn from the high prevalence area.

How do the cases of violence against women reach to the counsellor? Victim
approaches:

Table: 9.4: Process of the cases of violence against women reach to the counsellor,
Victim approaches
Victim approaches
Prevalence Total
No Yes
19 14 33
High
57.6% 42.4% 100.0%
1 14 15
Low
6.7% 93.3% 100.0%
20 28 48
Total
41.7% 58.3% 100.0%

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Table 9.4 depict the opinion of the respondents regarding the medium by which the victim
approach directly to the social counsellor. According to the table in high prevalence area 42.4
percentage of respondents shared that the victim does not approach them directly whereas
93.3 percentage of the respondents from the low prevalence area said that the victims
directly approach to the social counsellor.

From the above table, it is concluded that the percentage of the victim approaching directly
to the counsellor is less in high prevalence area.

How do the cases of violence against women reach to the counsellor? Referred by
police:

Table: 9.5: How do the cases of violence against women reach to the counsellor?
Referred by police
Referred by police
Prevalence Total
No Yes
14 19 33
High
42.4% 57.6% 100.0%
2 13 15
Low
13.3% 86.7% 100.0%
16 32 48
Total
33.3% 66.7% 100.0%

Table 9.5 demonstrate the opinion of the respondents whether the victim approach to the
social counsellor through Police. According to the table in high prevalence area 57.6
percentage of respondents shared that the victim approach them through the police.
whereas 86.7 percentage of the respondents from the low prevalence area said that the
victims approach to the social counsellor through the police.
From the above table, it is concluded that the percentage of the victim approaching to the
counsellor through police is high in both the high and low prevalence area.

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How do the cases of violence against women reach to the counsellor? Relatives of the
victim:

Table: 9.6: How do the cases of violence against women reach to the counsellor?
Relatives of the victim
Relatives of the victim
Prevalence Total
No Yes
19 14 33
High
57.6% 42.4% 100.0%
5 10 15
Low
33.3% 66.7% 100.0%
24 24 48
Total
50.0% 50.0% 100.0%

Table 9.6 demonstrate the opinion of the respondents whether the victim reach to the social
counsellor through relatives. According to the table in high prevalence area 42.4 percentage
of respondents shared that the victim reach them through the relatives. whereas 66.7
percentage of the respondents from the low prevalence area said that the victims reach to
the social counsellor through the relatives.

From the above table, it is concluded that the percentage of the victim reach to the counsellor
through relatives is high in both the high and low prevalence area.

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How do the cases of violence against women reach to the counsellor? Hospital:

Table:9: 7: How do the cases of violence against women reach to the counsellor?
Hospital
Hospital
Prevalence Total
No Yes
26 7 33
High
78.8% 21.2% 100.0%
8 7 15
Low
53.3% 46.7% 100.0%
34 14 48
Total
70.8% 29.2% 100.0%

Table 9.7 demonstrate the opinion of the respondents whether the victim reach to the social
counsellor through hospital. According to the table in high prevalence area 21.2 percentage
of respondents shared that the victim reach them through the Hospital. whereas 46.7
percentage of the respondents from the low prevalence area said that the victims reach to
the social counsellor through the hospital.

From the above table, it is concluded that the percentage of the victim reach to the counsellor
through hospital is quite low in both the high and low prevalence area.

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How do the cases of violence against women reach to the counsellor? NGOs:

Table: 9.8: How do the cases of violence against women reach to the counsellor? NGOs
NGOs
Prevalence Total
No Yes
22 11 33
High
66.7% 33.3% 100.0%
12 3 15
Low
80.0% 20.0% 100.0%
34 14 48
Total
70.8% 29.2% 100.0%

Table 9.8 demonstrate the opinion of the respondents whether the victim reach to the social
counsellor through NGO. According to the table in high prevalence area 33.3 percentage of
respondents shared that the victim reach them through the NGO. whereas only 20percentage
of the respondents from the low prevalence area said that the victims reach to the social
counsellor through the hospital.

From the above table, it is concluded that the percentage of the victim reach to the counsellor
through NGO is quite low in both the high and low prevalence area.

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How do the cases of violence against women reach to the counsellor? Proactive
initiative by the counsellor herself/himself:

Table: 9.9: How do the cases of violence against women reach to the counsellor?
Proactive initiative by the counsellor herself/himself
Proactive initiative by the
Prevalence counsellor herself/himself Total
No Yes
31 2 33
High
93.9% 6.1% 100.0%
14 1 15
Low
93.3% 6.7% 100.0%
45 3 48
Total
93.8% 6.3% 100.0%

Table 9.7 demonstrate the opinion of the respondents whether the victim reach to the social
counsellor through his or her initiatives. According to the table in high prevalence area only
6.1 percentage of respondents shared that the victim reach to them by their own initiatives.
whereas 6.7 percentage of the respondents from the low prevalence area said that the
victims reach to the social counsellor through their efforts.

From the above table, it is concluded that the percentage of the victim reach to the counsellor
through their initiatives is quite low in both the high and low prevalence area.

Any other sources cases of violence against women reach to the counsellor:

1. Social Activists.
2. Reference from another victim.
3. Through social networking sites like face hood another victim refer
4. Delhi commission for women
5. CDS

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6. Child line
7. Ex client advocates
8. Ex- client Mahilamandal.

Who accompanies with the victim or Victim alone:

Table: 9.10: Who accompanies with the victim or Victim alone

Victim alone
Prevalence Total
No Yes
20 13 33
High
60.6% 39.4% 100.0%
6 9 15
Low
40.0% 60.0% 100.0%
26 22 48
Total
54.2% 45.8% 100.0%

The table 9.10 demonstrated the number of victim accompanied by whom to the counsellor
for counselling according to the counsellor opinion. out of the total 48 respondent’s
counsellor 33 were from the high prevalence area and 15 were from the low prevalence area.
39.4 percentage of counsellor from the high prevalence area shared that the victim come
alone for the counselling. whereas 60 percentage of the counsellor from low prevalence area
claimed that the victim come alone for counseling.

From the above table analysis, it can be concluded that while going for counselling victim not
prefer very much to go alone. The accompaniment services by the family members is very
strongly visible in the study area.

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Who accompanies with the victim, Parents:

Table: 9.11: Who accompanies with the victim, Parents

Parents
Prevalence Total
No Yes
4 29 33
High
12.1% 87.9% 100.0%
6 9 15
Low
40.0% 60.0% 100.0%
10 38 48
Total
20.8% 79.2% 100.0%

The table 9.11 demonstrated the opinion of the counsellor whether the victim come to the
counsellor for counselling with the family members. out of the total 48 respondent
counsellors 33 were from the high prevalence area and 15 were from the low prevalence
area. 87.9percentage of counsellor from the high prevalence area shared that the victim
come along with the family member for the counselling. whereas 60 percentage of the
counsellor from low prevalence area claimed that the victim come along with the family
member for counselling.

From the above table analysis, it can be concluded that while going for counselling victim not
prefer very much to go alone. The accompaniment services by the family members is very
strongly visible in the study area.

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Who accompanies with the victim, Husband:

Table: 9.12: Who accompanies with the victim, Husband

Husband
Prevalence Total
No Yes
26 7 33
High
78.8% 21.2% 100.0%
11 4 15
Low
73.3% 26.7% 100.0%
37 11 48
Total
77.1% 22.9% 100.0%

The table 9.12 demonstrated the opinion of the counsellor whether the victim come to the
counsellor for counselling with the husband. out of the total 48 respondent counsellors 33
were from the high prevalence area and 15 were from the low prevalence area. 78.8
percentage of counsellor from the high prevalence area shared that the victim does not come
along with the husband for the counselling. whereas 73.3 percentage of the counsellor from
low prevalence area claimed the same

From the above table analysis, it can be concluded that while going for counselling victim
does not prefer very much to go along with the husband.

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Who accompanies with the victim? Friend:

Table: 9.13: Who accompanies with the victim, Friend

Friend
Prevalence Total
No Yes
19 14 33
High
57.6% 42.4% 100.0%
10 5 15
Low
66.7% 33.3% 100.0%
29 19 48
Total
60.4% 39.6% 100.0%

The table 9.13 demonstrated the opinion of the counsellor whether the victim come to the
counsellor for counselling with their friend. out of the total 48 respondent counsellors 33
were from the high prevalence area and 15 were from the low prevalence area. Only 42.4
percentage of counsellor from the high prevalence area shared that the victim come along
with the friends for the counselling. whereas 66.7 percentage of the counsellor from low
prevalence area claimed that the victim was not accompanied by their friends while coming
for counselling.

From the above table analysis, it can be concluded that while going for counselling, most of
the victim does not prefer to accompany by their friends.

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Who accompanies with the victim, Guardian/Relatives:

Table: 9.14: Who accompanies with the victim, Guardian/Relatives

Guardian/Relatives
Prevalence Total
No Yes
12 21 33
High
36.4% 63.6% 100.0%
4 11 15
Low
26.7% 73.3% 100.0%
16 32 48
Total
33.3% 66.7% 100.0%

The table 9.14 demonstrated the opinion of the counsellor whether the victim come to the
counsellor for counselling with their guardian or relatives. out of the total 48 respondent
counsellors 33 were from the high prevalence area and 15 were from the low prevalence
area. Only 63.6 percentage of counsellor from the high prevalence area shared that the victim
come along with the guardian or relatives for the counselling. whereas 73.3 percentage of
the counsellor from low prevalence area claimed that the victim was not accompanied by
their friends while coming for counselling.

From the above table analysis, it can be concluded that while going for counselling, most of
the victim prefer to accompany by their guardian or relatives.

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Who accompanies with the victim, NGO/Counselling Centre:

Table: 9.15: Who accompanies with the victim, NGO/Counselling Centre

NGO/Counselling Centre
Prevalence Total
No Yes
21 12 33
High
63.6% 36.4% 100.0%
11 4 15
Low
73.3% 26.7% 100.0%
32 16 48
Total
66.7% 33.3% 100.0%

The table 9.15 demonstrated the opinion of the counsellor whether the victim come to the
counsellors for counselling with NGO representatives. out of the total 48 respondent
counsellor 33 were from the high prevalence area and 15 were from the low prevalence area.
Only 36.4 percentage of counsellor from the high prevalence area shared that the victim
come along with the NGO representatives for the counselling. whereas 26.7 percentage of
the counsellor from low prevalence area claimed that the victim was not accompanied by
NGO representatives while coming for counselling.

From the above table analysis, it can be concluded that while going for counselling, most of
the victim does not prefer to accompany by NGO representatives.

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Number of victims approached:

Table: 9.16: Number of victims approached

Kidnapping & Abduction


Assault on women with
intent to outrage her

Insult to modesty of
Acid attack
Prevalence

Modesty

Women
Total
Year Rape

4 0 3 0 0 7
High
57.1 0.0 42.9 0.0 0.0 100.0
2011
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

2 0 2 0 0 4
High
50.0 0.0 50.0 0.0 0.0 100.0
2012
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

1 1 3 1 0 6
High
16.7 16.7 50.0 16.6 0.0 100.0
2013
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

8 7 19 2 0 36
High
22.2 19.4 52.8 5.6 0.0 100.0
2014
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

63 10 15 7 13 108
High
2015 58.3 9.3 13.9 6.4 12.1 100.0

Low 0 0 0 0 0 0

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0.0 0.0 0.0 0.0 0.0 0.0

78 18 42 10 13 161
Total
48.4 11.2 26.1 6.2 8.1 100.0

Table 9.16 depict the number of the victim approached to the counsellor for counselling in
both the high and low prevalence area. It also depicts the trends of victim approached to the
counsellor for counselling during the period of five year starting from 2011 to 2015. It
generally shows five different kind of violence affected victim coming to the counsellor for
the counselling which area rape, acid attack, Assault on women with intent to outrage her
Modesty, Insult to modesty of Women and kidnap and abductions. As far as the victim of rape
who come for the counselling is concerned there is a fluctuating trend towards lower side
from 2011 to 2014. very few people have visited counsellor for the counselling. but in 2015
there is a student increase in the number of victim visit to the counsellor for counselling. In
2011 only 4 victims of violence visited for counselling whereas in 2015 63 victims visited
counsellor for counselling support. In low prevalence area between 2011 to 2015 none of
the victim visited for counselling services. As far as victim of acid attacks who comes for
counselling is concerned between 2011 to 2015 only 18 victims visited. among them after
2013 17 victims visited for counselling services. In the same way for other cases also very
few victims approached the counsellor for the counselling services. 42 victim of Assault on
women with intent to outrage her Modesty, 10 victims of Insult to modesty of Women and
13 victims of kidnap and abductions were visited the counsellor for the counselling services.

From the above table analysis, it can be concluded that gradually the number of victim of
violence preferring to undergoes counselling services which is a good progress but still the
number is very less which need to be seriously considered while dealing a case of violence.

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Role in the procedure ‘from the victim approach you till filing the complaint:

Table: 9.17: Role in the procedure till filing the complaint

What is your role in the procedure ‘from


the victim approach you till filing of the
Prevalence Total
complaint
No Role Counselling legal help
7 5 1 13
High
53.8% 38.5% 7.7% 100.0%
2 1 1 4
Low
50.0% 25.0% 25.0% 100.0%
9 6 2 17
Total
52.9% 35.3% 11.8% 100.0%
TIP: 31 Respondents haven’t provided the data presented in table

the table 9.17 depict the role of the counsellor with the victim till she files a complaint. To
this question 31 counsellors out of 48 did not respondents. Among them 20 were from the
high prevalence area 11 were from the low prevalence area. Out of 13 respondents from high
prevalence area 53.8 percentage of counsellor shared that they don't have any role during
the period whereas 38,5 percentage of the respondents claimed that they have counselling
role during that period too and 7.7 percentage of respondents claimed that they also extend
legal support to the victim during the period. Out of the 4 respondents from the low
prevalence area 50 percentage respondents claimed that they do not have any role during
that period whereas only 35.5 percentage shared that they do have counselling role during
that time and 25 percentage respondents claimed that they extend the legal support during
that period. Some Details of the role played are Psychological, Counselling help & legal
process, in case FIR is not lodged or copy not given we talking with police authorities talk to
police officials over telephone, Legal aid legal awareness, Victim approaches after filing the
complaint, Support system, Facilitate the process if help is seared by the women survives,

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Marking the victim comfortable, counselling emotional support rehabilitation medical


supports.

From the above table analysis, it is concluded that the counselling services in not yet fully
given importance by the victims. more over counsellor also not very clear about their role
during the process of legal proceedings. hence there is a need to develop the sensitiveness
among the counsellor to extend the counselling services if they can during the process.

Role in the procedure ‘from filing FIR till the final judgement:

Table :9.18: Role in the procedure ‘from filing FIR till the final judgement

What is your role in the procedure ‘from filing FIR till the final
judgement’
Financial support

Financial support
for rehabilitation
Moral support to

Moral support to

for procedure

Prevalence Total
No Role

family
victim

1 3 14 4 10 32
High
3.1% 9.4% 43.8% 12.5% 31.3% 100.0%
1 4 5 2 3 15
Low
6.7% 26.7% 33.3% 13.3% 20.0% 100.0%
2 7 19 6 13 47
Total
4.3% 14.9% 40.4% 12.8% 27.7% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table

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Some initiatives:

 It’s an old case already in sub-judies status but due to lack of follow up it is still
pending must collect certificate copy of the Process ding from barely and expedite
judgement procedure
 Raised fund in Asiana gang rape case.
 Shelter Home
 home investigation contact family. Victim compensation, DLSA follow up.
 accompany survivors in hospital

What are the difficulties you face while tackling such cases? Don’t face any of the
difficulty:

Table: 9.19: difficulties faced while tackling such cases?

Don’t face any of the difficulty


Prevalence Total
No Yes
29 4 33
High
87.9% 12.1% 100.0%
13 1 14
Low
92.9% 7.1% 100.0%
42 5 47
Total
89.4% 10.6% 100.0%
TIP: 1 Respondents haven’t provided the data presented in table

The table 9.19 depict the opinion of the counsellor regarding their difficulties faced during
the process of counselling. Out of the 48 respondents one who belongs to high prevalence
area did not responded. Out of the 33 respondents from high prevalence area 87.9
percentage of respondents claimed that they do not face any difficulties while 12.1
percentage of respondents said that they face problem. In the same manner 92.9 percentage
of the respondents shared that they did not face any problem during the process of

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counselling. From the above table analysis, it can be concluding that counsellor does not face
any major difficulties in the process of counselling.

What are the difficulties you face while tackling such cases, Non-cooperation of Police?

Table: 9.20: difficulties in term of non-cooperation faced while tackling such cases

Non-cooperation of
Prevalence Police Total
No Yes
16 17 33
High
48.5% 51.5% 100.0%
11 4 15
Low
73.3% 26.7% 100.0%
27 21 48
Total
56.3% 43.8% 100.0%

The table 9.20 depict the opinion of the counsellor regarding their difficulties in term of non-
cooperation faced during the process of counselling. Out of the 33 respondents from high
prevalence area 51.5 percentage of respondents claimed that they do face difficulties in term
of non-cooperation from the victim while 73.3 percentage of respondents from the low
prevalence area shared that they face problem in the form of non-cooperation during the
process of counselling.

From the above table analysis, it can be concluding that non-cooperation from the victim is
a biggest challenge for the counsellor during the process of counselling.

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What are the difficulties you face while tackling such cases, Non-cooperation of family
members?

Table :9.21: difficulties of Non-cooperation from family members face while tackling
cases

Non-cooperation of family members


Prevalence Total
No Yes
10 23 33
High
30.3% 69.7% 100.0%
9 6 15
Low
60.0% 40.0% 100.0%
19 29 48
Total
39.6% 60.4% 100.0%

The table 9.21 depict the opinion of the counsellor regarding their difficulties in term of non-
cooperation from family members faced during the process of counselling. Out of the 33
respondents from high prevalence area 69.7 percentage of respondents claimed that they do
face difficulties in term of non-cooperation from the family members while 60 percentage of
respondents from the low prevalence area shared that they do not face problem in the form
of non-cooperation from the family members of the victims during the process of
counselling.

From the above table analysis, it can be concluding that non-cooperation from the family
members is also a biggest challenge for the counsellor during the process of counselling.

Difficulties of pressure from politician face while tackling cases:

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Table: 9.22: Difficulties of pressure from politician face while tackling cases

Pressure from politicians


Prevalence Total
No Yes
31 2 33
High
93.9% 6.1% 100.0%
13 2 15
Low
86.7% 13.3% 100.0%
44 4 48
Total
91.7% 8.3% 100.0%

The table 9.22 depict the opinion of the counsellor regarding their difficulties in term of
political pressures from politicians faced during the process of counselling. Out of the 33
respondents from high prevalence area 93.9 percentage of respondents claimed that they do
not face political pressures from politicians during the process of counselling while 86.7
percentage of respondents from the low prevalence area shared that they do not face
political pressures from politicians during the process of counselling.

From the above table analysis, it can be concluding that for a counsellor during the process
of counselling political pressures from politicians is not a biggest challenge however in few
incidences the counsellor faced pressure from the politician.

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Difficulties of pressure from opposite party face while tackling cases:

Table :9.23: Difficulties of pressure from opposite party face while tackling cases

Pressure from opposite party


Prevalence Total
No Yes
25 8 33
High
75.8% 24.2% 100.0%
12 3 15
Low
80.0% 20.0% 100.0%
37 11 48
Total
77.1% 22.9% 100.0%

The table 9.23 depict the opinion of the counsellor regarding their difficulties in term of
pressures from the opposite party faced during the process of counselling. Out of the 33
respondents from high prevalence area 75.8 percentage of respondents claimed that they do
not face pressures from the opposite party during the process of counselling while 8o
percentage of respondents from the low prevalence area shared that they do not face
pressures from opposite party during the process of counselling.

From the above table analysis, it can be concluding that for a counsellor during the process
of counselling pressures from opposite party is not a biggest challenge however in few
incidences the counsellor faced pressure from the opposite party.

Some Other difficulties faced while taking such cases:

1. Police don’t co-operate with poor people poor people are pressurized by police.
2. Medical and legal difficulties.
3. Lack of awareness
4. Resistance from community.
5. Number of false cases.

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6. Insensitivity of public prosecutor and hospital


7. Delay in taking action from court and police station.
8. Sometimes pressures from local social worker

Cooperation from Victim’s Relatives:

Table: 9.24: Cooperation from Victim’s Relatives


Victim’s Relatives
Prevalence Total
Never Sometimes Always
1 21 11 33
High
3.0% 63.6% 33.3% 100.0%
1 6 8 15
Low
6.7% 40.0% 53.3% 100.0%
2 27 19 48
Total
4.2% 56.3% 39.6% 100.0%

The table 9.24 depict the opinion the counsellor regarding the cooperation they received
from the victim relatives during the process of counselling. Out of the 48 counsellors 33 were
belongs to the high prevalence area and 15 were belongs to the low prevalence area. Out of
the 33 from the high prevalence area 33.3 percentage claimed that they all ways receive the
cooperation from the victim families whereas 63.6 percentage of respondents claimed that
they sometimes receive the cooperation from the victim family. In the low prevalence area,
out of the 15 respondents 53.3 claimed that they always receive cooperation from the victim
family whereas 40 percentage respondents claimed that they sometimes only receive the
cooperation from the victim family.
From the above table analysis, it is concluding that the counsellor receives good
cooperation from the victim family. Only in few incidences they face the non-cooperation.

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Cooperation from Police Officer:


Table: 9.25: Cooperation from Police officers
Police Officer
Prevalence Total
Never Sometimes Always
4 22 7 33
High
12.1% 66.7% 21.2% 100.0%
0 9 6 15
Low
.0% 60.0% 40.0% 100.0%
4 31 13 48
Total
8.3% 64.6% 27.1% 100.0%

The table 9.25 depict the opinion the counsellor regarding the cooperation they received
from the police officers during the process of counselling. Out of the 48 counsellors 33 were
belongs to the high prevalence area and 15 were belongs to the low prevalence area. Out of
the 33 from the high prevalence area 21.2 percentage claimed that they all ways receive the
cooperation from the police officers whereas 66.7 percentage of respondents claimed that
they sometimes receive the cooperation from the police officers. In the low prevalence area,
out of the 15 respondents 40 claimed that they always receive cooperation from the police
officers whereas 60 percentage respondents claimed that they sometimes only receive the
cooperation from the police officers.

From the above table analysis, it is concluded that the cooperation from the police
department to the counsellor is not very satisfactory. the gap between the two group of
support system need to be taken care so that appropriate measures can be taken for the
benefits of the victims.

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Cooperation from Medical Officer:


Table: 9.26: Cooperation from Medical Officers
Medical Officer
Prevalence Total
Never Sometimes Always
2 17 14 33
High
6.1% 51.5% 42.4% 100.0%
2 3 10 15
Low
13.3% 20.0% 66.7% 100.0%
4 20 24 48
Total
8.3% 41.7% 50.0% 100.0%

The table 9.26 depict the opinion the counsellor regarding the cooperation they received
from the Medical officers during the process of counselling. Out of the 48 counsellors 33 were
belongs to the high prevalence area and 15 were belongs to the low prevalence area. Out of
the 33 from the high prevalence area 42.4 percentage claimed that they all ways receive the
cooperation from the medical officers whereas 51.5 percentage of respondents claimed that
they sometimes receive the cooperation from the medical officers. In the low prevalence
area, out of the 15 respondents 66.7 claimed that they always receive cooperation from the
medical officers whereas 20 percentage respondents claimed that they sometimes only
receive the cooperation from the Medical officers.
From the above table analysis, it is concluding that the cooperation from the, Medical officers
to the counsellor is not very satisfactory. the gap between the two group of support system
need to be taken care so that appropriate measures can be taken for the benefits of the
victims.

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Cooperation from Government official:


Table: 9.27: Cooperation from Government officials
Government official
Prevalence Total
Never Sometimes Always
4 20 9 33
High
12.1% 60.6% 27.3% 100.0%
0 8 7 15
Low
.0% 53.3% 46.7% 100.0%
4 28 16 48
Total
8.3% 58.3% 33.3% 100.0%

The table 9.27 depict the opinion the counsellor regarding the cooperation they received
from the Government officers during the process of counselling. Out of the 48 counsellors 33
were belongs to the high prevalence area and 15 were belongs to the low prevalence area.
Out of the 33 from the high prevalence area only 27.3 percentage claimed that they all ways
receive the cooperation from the Government officers whereas 60.6 percentage of
respondents claimed that they sometimes receive the cooperation from the Government
officers. In the low prevalence area, out of the 15 respondents 46.7 claimed that they always
receive cooperation from the medical officers whereas 53.3 percentage respondents claimed
that they sometimes only receive the cooperation from the Government officers.

From the above table analysis, it is concluding that the cooperation from the Government
officers to the counsellor is not very satisfactory. the gap between the two group of support
system need to be taken care so that appropriate measures can be taken for the benefits of
the victims.

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Cooperation from Public Prosecutor:

Table: 9.28: Cooperation from Public Prosecutor


Public Prosecutor
Prevalence Total
Never Sometimes Always
12 16 5 33
High
36.4% 48.5% 15.2% 100.0%
3 5 6 14
Low
21.4% 35.7% 42.9% 100.0%
15 21 11 47
Total
31.9% 44.7% 23.4% 100.0%

The table 9.28 depict the opinion the counsellor regarding the cooperation they received
from the Public prosecutors during the process of counselling. Out of the 48 counsellors 33
were belongs to the high prevalence area and 15 were belongs to the low prevalence area.
Out of the 33 from the high prevalence area only 15.2 percentage claimed that they all ways
receive the cooperation from the Public prosecutors whereas 48.5 percentage of
respondents claimed that they sometimes receive the cooperation from the Public
prosecutors. More over 36.4 percentage of the counsellor claimed that they never receive
cooperation from the Public prosecutors. In the low prevalence area, out of the 15
respondents 42.9 claimed that they always receive cooperation from the Public prosecutors
whereas 35.7 percentage respondents claimed that they sometimes only receive the
cooperation from the Public prosecutors
From the above table analysis, it is concluding that the cooperation from the Public
prosecutors to the counsellor is not very satisfactory. the gap between the two group of
support system need to be taken care so that appropriate measures can be taken for the
benefits of the victims.

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Other comments given in concern with cooperation with the following support
system:

Victim’s Relatives
1. More compensation & moral support is required from relatives.

Police Officer:
1. Police hesitate to register FIR
2. High quality level & probative engagement
3. in front of counsellors only.

Medical Officer
They don’t allow us to be present with survivor while examination.

Government official
1. Principal sect has personally taken interest also shared her personal mobile number
and call her for any kind of support.
2. In asiyana gang rape case member of stated women commission pressurized victim.
3. Medical help

Public Prosecutor

1. Justice Mr. Srivastava secty. To legal aid cell up also accused any kind of legal aid for
victim.
2. They are reluctant as they don’t get enough money.
3. Most of the social counsellor are not co-operative and sensitive. They resent ally fight
case they advices victim to completion or with re the case.
4. More engagement &
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Invitation from the police to the counsellor while recording statement:

Table: 9. 29: Invitation from the police to the counsellor while recording statement

Do the police invite the counsellor


Prevalence while the statement is being recorded Total
No Yes
11 21 32
High
34.4% 65.6% 100.0%
1 11 12
Low
8.3% 91.7% 100.0%
12 32 44
Total
27.3% 72.7% 100.0%

The table 9.29 depict the opinion of the respondent counsellors about whether they get
invitation or intimation from police while recording the case. According to the table out the
32 respondents from the high prevalence area 6.6 percentage of the respondents agreed that
they receive invitation from the police department whereas 34.4 percent claimed that they
did not received such invitation. In case of low prevalence area out of the 12 respondents 11
(91.7%) respondents state that they do get invitation from the police during the process of
recording of the case.

From the above table analysis, it is concluded that in majority cases the counsellor gets
invitation from the police during the process of recording of the case. however, it is a serious
concern that some of the counsellor were neglected and not invited by the police for the
police officers during the process of recording the case. This issues need to be address
immediately.

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Ensuring the presence of woman constable while recording the statement:

Table: 9.30: Ensuring the presence of woman constable while recording the statement

Do you ensure that the woman constable


Prevalence is present while recording the statement Total
No Yes
6 24 30
High
20.0% 80.0% 100.0%
0 15 15
Low
.0% 100.0% 100.0%
6 39 45
Total
13.3% 86.7% 100.0%

The table 9.30 depict the opinion of the respondent counsellors about the accompaniment of
the female constables to the women victim while recording the statements. Out of the 30
respondents from the high prevalence area 80 percentage of respondents were agreed that
that the women victim accompanied by the women constables. In the low prevalence area,
out of the 15 respondents 100 percentage respondents agreed that the women victims were
accompanied by the women constables.

From the above table analysis, it is concluded that in maximum number of cases the women
constables are accompanying the women victim during the process of recording the
statement however in high prevalence area in few cases the women constable were not
present.

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Awareness of new definition of “Rape”, per criminal law amendment, 2013:


Table: 9.31: Awareness of new definition of “Rape”, according to criminal law
amendment, 2013
Are you aware of new definition of “Rape”,
Prevalence according to criminal law amendment, 2013 Total
No Yes
5 25 30
High
16.7% 83.3% 100.0%
1 12 13
Low
7.7% 92.3% 100.0%
6 37 43
Total
14.0% 86.0% 100.0%

The table 9.31 shows the opinion of the respondent counsellors about the awareness of the
new definition of Rape. Out of the 30 counsellors from the high prevalence area 83.5
percentage of the respondents claimed that they all aware about the new definition whereas
out of 13 respondents from the low prevalence area 923 percentage of the respondents
shared that they were aware about the new definition of rape in the criminal law.

From the above table analysis, it is concluding that maximum respondent counsellor is aware
about the new definition of the rape. however, few of them are not aware and there is an
urgent need to aware all the counsellor regarding this definition.

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Helping by treatment in the process of rehabilitation:


Table: 9.32: Helping in the process of rehabilitation

Treatment
Prevalence Total
No Yes
9 24 33
High
27.3% 72.7% 100.0%
5 10 15
Low
33.3% 66.7% 100.0%
14 34 48
Total
29.2% 70.8% 100.0%

The table 9.32 demonstrate the opinion of the respondent counsellor about their role in
helping the victim in the process of rehabilitation. Out of the 33 respondents from the high
prevalence area 72.7 percentage of the respondents have extended their helping hand in the
process of rehabilitation of the victim whereas in the same manner 66.7 in the low
prevalence area out of 15 respondents extended their help and support in the process of
rehabilitation.

From the above table analysis, it is concluded that the social counsellors also playing wider
role in the rehabilitation of the victim.

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Helping by Psychological support in the process of rehabilitation:


Table: 9.33: Helping by Psychological support in the process of rehabilitation

Psychological support
Prevalence Total
No Yes
4 29 33
High
12.1% 87.9% 100.0%
2 13 15
Low
13.3% 86.7% 100.0%
6 42 48
Total
12.5% 87.5% 100.0%

The table 9.33 demonstrate the opinion of the respondent counsellor about their role in
helping the victim by extending psychological support in the process of rehabilitation. Out of
the 33 respondents from the high prevalence area 87.9 percentage of the respondents have
extended their helping hand by giving psychological support in the process of rehabilitation
of the victim whereas in the same manner 86.7 in the low prevalence area out of 15
respondents extended their help and support in the process of rehabilitation through
psychological support.

From the above table analysis, it is concluded that the social counsellors playing wider role
in the rehabilitation of the victim specially through the psychological support.

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Helping in the process of rehabilitation by shifting in short stay home:


Table: 9.34: Helping in the process of rehabilitation by shifting in short stay home

To send her in short stay


Prevalence home Total
No Yes
12 21 33
High
36.4% 63.6% 100.0%
8 7 15
Low
53.3% 46.7% 100.0%
20 28 48
Total
41.7% 58.3% 100.0%

The table 9.34 demonstrate the opinion of the respondent counsellor about their role in
helping the victim by shifting them to the short stay home Out of the 33 respondents from
the high prevalence area 63.6 percentage of the respondents have extended their helping
hand by shifting them to the short stay home. Whereas in the same manner 46.7 in the low
prevalence area out of 15 respondents extended their help and support in the process of
rehabilitation by shifting them to the short stay homes.

From the above table analysis, it is concluded that all though many of the social worker
specially in the low prevalence area are not involve in shifting the victim to the short stay
home but still their role is existing in shifting them in to short stay home hence they play
wider role.

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Helping by Skill development/ education in the process of rehabilitation:

Table: 9:35: Helping by Skill development/ education in the process of rehabilitation

Skill development/ education


Prevalence Total
No Yes
11 22 33
High
33.3% 66.7% 100.0%
10 5 15
Low
66.7% 33.3% 100.0%
21 27 48
Total
43.8% 56.3% 100.0%

The table 9.35 demonstrate the opinion of the respondent counsellor about their role in
helping the victim through skill development and education. Out of the 33 respondents from
the high prevalence area 66.7percentage of the respondents have extended their helping
hand through skill enhancement and education. Whereas in the same manner 33.3 in the low
prevalence area out of 15 respondents extended their help and support in the process of
rehabilitation through skills building and education.

From the above table analysis, it is concluded that all though many of the social worker
specially in the low prevalence area are not involve in skill enhancement and education of
the victim but still their role is very much important in the process of awareness building
and education.

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Helping in the process of rehabilitation by assisting in getting job:

Table: 9.36: Helping in the process of rehabilitation by assisting in getting job

To get the job


Prevalence Total
No Yes
13 20 33
High
39.4% 60.6% 100.0%
12 3 15
Low
80.0% 20.0% 100.0%
25 23 48
Total
52.1% 47.9% 100.0%

The table 9.36 demonstrate the opinion of the respondent counsellor about their role in
helping the victim in getting a job. Out of the 33 respondents from the high prevalence area
60.6 percentage of the respondents have extended their helping hand by getting a job for the
victim. Whereas only 20 percentage in the low prevalence area out of 15 respondents
extended their help and in getting a job for the victim

From the above table analysis, it is concluded that all though many of the social worker
specially in the low prevalence area does not get involved in helping the victim a job but still
their role is strongly visible in many cases

Any other help in the process of rehabilitation:

1. Getting compensation from govt.


2. Compensation legal aid
3. We help the women by empowering the provide driving & also help them to become
professional livery.

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Assisting victim to avail Victim Compensation Fund or any other equivalent scheme
by providing Information:

Table: 9.37: Assisting victim to avail Victim Compensation Fund or any other
equivalent scheme by providing Information

Information
Prevalence Total
No Yes
7 26 33
High
21.2% 78.8% 100.0%
4 11 15
Low
26.7% 73.3% 100.0%
11 37 48
Total
22.9% 77.1% 100.0%

The table 9.37 demonstrate the opinion of the respondent counsellor about their role in
helping the victim in getting the benefit of the victim compensation fund through building
awareness among them. Out of the 33 respondents from the high prevalence area 78.8
percentage of the respondents were agreed that they helped the victim through building
awareness to access the benefit of the victim welfare fund. Whereas 73.3 percentage in the
low prevalence area out of 15 respondents were agreed that they helped the victim through
building awareness to access the benefit of the victim welfare fund.

From the above table analysis, it is concluded that the counsellor playing important role
building awareness among the victim to access the benefit of the victim welfare fund.

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Assisting victim to avail Victim Compensation Fund or any other equivalent scheme
by helping in application:

Table: 9.38: Assisting victim to avail Victim Compensation Fund by helping in


application

Application
Prevalence Total
No Yes
18 15 33
High
54.5% 45.5% 100.0%
7 8 15
Low
46.7% 53.3% 100.0%
25 23 48
Total
52.1% 47.9% 100.0%

The table 9.38 demonstrate the opinion of the respondent counsellor about their role in
helping the victim in getting the benefit of the victim compensation fund through helping
them in writing application. Out of the 33 respondents from the high prevalence area only
45 .5 percentage of the respondents were agreed that they helped the victim through writing
application to access the benefit of the victim welfare fund. Whereas 53.3 percentage in the
low prevalence area out of 15 respondents were agreed that they helped the victim through
writing the application on behalf of victim to access the benefit of the victim welfare fund.

From the above table analysis, it is concluded that the counsellor playing important role in
drafting the application for the victim to access the benefit of the victim welfare fund.

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Assisting victim to avail Victim Compensation Fund or any other equivalent scheme
by helping in collecting concern documents:

Table: 9.39: Assisting victim to avail Victim Compensation Fund by helping in collecting
concern documents

Collect documents
Prevalence Total
No Yes
22 11 33
High
66.7% 33.3% 100.0%
8 7 15
Low
53.3% 46.7% 100.0%
30 18 48
Total
62.5% 37.5% 100.0%

The table 9.39 demonstrate the opinion of the respondent counsellor about their role in
helping the victim in getting the benefit of the victim compensation fund through helping
them in collecting the relevant document. Out of the 33 respondents from the high
prevalence area only 33.3 percentage of the respondents were agreed that they helped the
victim through collecting relevant document to access the benefit of the victim welfare fund.
Whereas 53.3 percentage in the low prevalence area out of 15 respondents were agreed that
they helped the victim through documentation process to access the benefit of the victim
welfare fund.

From the above table analysis, it is concluded that the counsellor playing important role in
documentation process on behalf of victim to access the benefit of the victim welfare fund.

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Assisting victim to avail Victim Compensation Fund or any other equivalent scheme
by approaching fund officials:
Table: 9.40: Assisting victim to avail Victim Compensation Fund by approaching fund
officials

Approaching fund officials


Prevalence Total
No Yes
22 11 33
High
66.7% 33.3% 100.0%
7 8 15
Low
46.7% 53.3% 100.0%
29 19 48
Total
60.4% 39.6% 100.0%

The table 9.40 demonstrate the opinion of the respondent counsellor about their role in
helping the victim in getting the benefit of the victim compensation fund through
Approaching the fund officers. Out of the 33 respondents from the high prevalence area only
33.3 percentage of the respondents were agreed that they helped the victim through
approaching the fund officers to access the benefit of the victim welfare fund. Whereas 53.3
percentage in the low prevalence area out of 15 respondents were agreed that they helped
the victim through approaching the fund to access the benefit of the victim welfare fund.

From the above table analysis, it is concluded that the counsellor playing important role in
approaching the fund officers on behalf of victim to access the benefit of the victim welfare
fund.

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Assisting victim to avail Victim Compensation Fund or any other equivalent scheme
by follow up till the end:
Table :9.41: Assisting victim to avail Victim Compensation Fund or any other
equivalent scheme by follow up till the end
Follow up till end
Prevalence Total
No Yes
16 17 33
High
48.5% 51.5% 100.0%
8 7 15
Low
53.3% 46.7% 100.0%
24 24 48
Total
50.0% 50.0% 100.0%

The table 9.41 demonstrate the opinion of the respondent counsellor about their role in
helping the victim in getting the benefit of the victim compensation fund through following
the case till the end. Out of the 33 respondents from the high prevalence area 51.5
percentage of the respondents were agreed that they follow up the case till the end and
ensure that they access the benefit of the victim welfare fund. Whereas 46.7 percentage in
the low prevalence area out of 15 respondents were agreed that they follow up the case till
the end and ensure that they access the benefit of the victim welfare fund.

From the above table analysis, it is concluded that the counsellor follow up the case till the
end and ensure that the victim access the benefit of the victim welfare fund.

Suggestions to improve the following procedures:

Filing the complaint:

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 FIR should be registered immediately.


 Proactive stance.
 the police constable & officer should be sanitized & Should
 Procedure should staff immediately.
 Centralized complaint registration should be encouraged.
 more women officers should be encouraged at higher levels
 Sometime not clarity in the complaint.
 if is important that there must be a comfortable environment and sufficient resources
while recording the statement also victim blaming needs to be stopped

Medical Help:
 Treatment should be done properly.
 Reports of victim should be given in time limit.
 Proper channels to deliver the circular released by the courts.
 The procedure for awaiting free treatment from private hospitals no clear.
 Immediate medical help should be product the deployment should be properly
provided.
 Special desks should be there to handle such cases facilities should be provided
immediate.
 Medical officials/ worker need to sensitized

Collection of evidence:
 Should be more effective because of false cases.
 It is always delayed immediate action needs to be taken.

Trauma management:

 Long and regular Psychological support.

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 Not much facility is available this need to be included in treatment protocol.


 Number of centers should be more
 Psychologist should be there with us.
 Follow up should be there even psychological help is ceased.
 Long term intervention with proper follow up is required

Availing Nirbhaya/equivalent fund:

 Proper information to deliver fund regular follow up.


 The process for claiming compensation is not specified there is lack of clarity.
 Require financial support as per help need.
 Such funds for victim in Kerala.
 Special consideration needs to give the victim

Rehabilitation:

 Job security.
 There is no scheme needs to be built into the systems.
 Life skill traipse livelihood
 There should be rules and regulation for rehabilitation
 Funds are not sufficient funds should be increased.
 Rehabilitation be including more livelihood as well as employment prospectus.
 Long term rehabilitation is required long term follow up is required.
 Needs more funds from govt.
 Within their limits fund would be helpful follow up is needed.
 Awareness of funds schemes providing funds would be better.

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No of cases in which Victim Compensation Fund was sanctioned:

Table: 9.42: No of cases in which Victim Compensation Fund was sanctioned

Kidnapping &
women with

outrage her
Acid attack
Prevalence

modesty of

Abduction
Assault on

intent to

Insult to

Women
Total
Rape
Year

0 0 0 0 2
High 2
0.0 0.0 0.0 0.0 100.0
2011
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

0 0 0 0 0 0
High
0.0 0.0 0.0 0.0 0.0 0.0
2012
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

2 0 0 0 0 2
High
100.0 0.0 0.0 0.0 0.0 100.0
2013
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

1 0 0 0 0 1
High
100.0 0.0 0.0 0.0 0.0 100.0
2014
0 0 0 0 0 0
Low
0.0 0.0 0.0 0.0 0.0 0.0

3 0 0 0 0 3
High
2015 100.0 0.0 0.0 0.0 0.0 100.0

Low 0 0 0 0 0 0

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0.0 0.0 0.0 0.0 0.0 0.0

8 0 0 0 0 8
Total
100.0 0.0 0.0 0.0 0.0 100.0

The table 9.42 demonstrate the opinion of the respondent counsellor about sanctioned of
Victim Compensation Fund. This table also represent the trends of the same aspect between
the year 2011 and 2015. It shows that according to 8 respondents the victim compensation
fund has allotted. Among them two each were allotted in 2011 and 2012, and one was
allotted in 2014 and maximum 3 victims were allotted the benefit of fun in 2015.
From the above table analysis, it is concluded that very few victim have allotted the benefit
of the violence compensation fund within five year.

Changes in past three years in concern with lodging complaint by the victim:

Table: 9.43: Changes in past three years in concern with lodging complaint by the
victim

Lodging complaint by the victim


Prevalence Can’t say/ No Total
Negative Positive
Response
0 1 31 32
High
.0% 3.1% 96.9% 100.0%
2 0 13 15
Low
13.3% .0% 86.7% 100.0%
2 1 44 47
Total
4.3% 2.1% 93.6% 100.0%

The table 9.43 demonstrate the opinion of the social counselor about the Lodging complaint
by the victim. Out of the total 47 respondents 32 were from the high prevalence area whereas
15 were from low prevalence area. Out of the 32 respondents in high prevalence area 96.9
percentage of respondents shared positive opinion whereas out of the 15 respondents from
the low prevalence area 86.7 percentage shared positive opinion.

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From the above table analysis, it can be concluded that many respondents have the positive
opinion about the lodging complaint by the victim.

Changes in past three years in concern with Complaint mechanism:

Table :9.44: Changes in past three years in concern with Complaint mechanism

Complaint mechanism
Prevalence Can’t say/ No Total
Negative Positive
Response
10 5 17 32
High
31.3% 15.6% 53.1% 100.0%
3 0 12 15
Low
20.0% .0% 80.0% 100.0%
13 5 29 47
Total
27.7% 10.6% 61.7% 100.0%

The table 9.44 demonstrate the opinion of the social counselor about the changes in
complain mechanism. Out of the total 47 respondents 32 were from the high prevalence area
whereas 15 were from low prevalence area. out of the 32 respondents in high prevalence
area 53.1 percentage of respondents shared positive opinion whereas 10 (31.3%) responded
shared that they cannot comment on that. Out of the 15 respondents from the low prevalence
area 80 percentage shared positive opinion and 2 (27.7%) of respondents shared that they
cannot comment on that.

From the above table analysis, it can be concluded that many respondents have the positive
opinion about the changes in the reporting systems for violence. still many are un sure to
take a stand hence there is a need of sensitization of the counselor to make them understand
about the importance and need of the law.

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Changes in past three years in concern with Awareness about Law:


Table: 9.45: Changes in past three years in concern with Awareness about Law

Awareness about Law


Prevalence Can’t say/ No Total
Negative Positive
Response
1 4 27 32
High
3.1% 12.5% 84.4% 100.0%
2 1 12 15
Low
13.3% 6.7% 80.0% 100.0%
3 5 39 47
Total
6.4% 10.6% 83.0% 100.0%

The table analysis of 9.45 demonstrate the opinion towards the changes in the awareness
about the law. Out of the total 47 respondents 32 were from the high prevalence area and 15
were from the low prevalence area. Out of the 32 respondents from high prevalence area
84.4 percentage of respondents have positive opinion in term of level of awareness about
the law whereas 12.5 percentage respondents have negative opinion and 3.1 percentage of
respondents have uncertain response. Among the 15 respondents from the low prevalence
area 80 percentage of respondents have positive opinion whereas 6.7 percentage have
negative opinion and 13.3 percent have uncertain response.

From the above table analysis, it can be concluding that many social counselor have positive
opinion regarding the awareness of the law however still the negative and uncertain
response still prevailed among the counselor which need to be enhanced and transferred in
to positive response. so, that all the medical practitioner will be aware about it. for better
response.

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Changes in past three years in concern with Facilities to victims:


Table: 9. 46: Changes in past three years in concern with Facilities to victims

Facilities to victims
Prevalence Can’t say/ No Total
Negative Positive
Response
10 8 14 32
High
31.3% 25.0% 43.8% 100.0%
3 0 12 15
Low
20.0% .0% 80.0% 100.0%
13 8 26 47
Total
27.7% 17.0% 55.3% 100.0%

The table 9.46 illustrate the opinion of the counsellor regarding the changes in facilities
provided to the victim. Among the 14 respondents from high prevalence area 14(43.8%)
have positive responses whereas 25 percentage have the negative opinion whereas 31.3
percentage have uncertain responses. Out of the 15 respondents from low prevalence area
80 percentage have the positive response and 20 have the uncertain response.

From the above table analysis, it can be concluded that maximum number of counselor have
positive opinion regarding the changes in facilities to victim. Still there is a need of
sensitization so that all the practitioner will developed positive opinion towards this.

Any other changes observed in these three years:

1 No of cases filed increased


2 Misuse of law
3 Empowerment of women needed

Summary:

The chapter gives the clear understanding of the various role and responsibilities of the
counsellor and various difficulties faced by the counsellor during the process of counselling.
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counsellor is a crucial person who have very important role to play in the process of dealing
the case of domestic violence. In every step of the proceeding of dealing with the victim of
violence counsellor have very crucial role. Despite having crucial role counsellor face many
hurdle in paying his role effectively. It also prevents the counsellor to take special initiatives
to help the victim. Therefore, it is necessary to give importance to the role of counsellor in
the process of dealing with the victim. The prosecutors, the police the medical officer all need
to have extend their cooperation and provide opportunity for effective functioning so that
the psychological aspect of the victim can be taken care properly for recovery from the shock
and for strengthening the victim to go through the legal process fearlessly and face the
challenges and trauma positively and with full confidence.

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CHAPTER X

CONCLUSION & RECOMMENDATIONS

Introduction:

Conclusions and recommendations usually form an important part of a project debriefs and
of any report or documentation, and are a key part of the value offered to clients by
professional research.5

The interpretations given by the researcher of the significance of the findings of a research
project for the violence against women, along with recommendations for action. These
recommendations are based on the preliminary investigation and on any other relevant
information available, including expert’s opinion. Given chapter is divided in to the three
sections namely A: Summery of Research methodology; B: Conclusion & D:
recommendations.

A: SUMMARY OF RESEARCH METHODOLOGY:

The title of the present study was ‘Tackling Violence Against Women: A Study of State
Intervention Measures (A comparative study of impact of new laws, crime rate and reporting
rate, change in awareness level)’ the study has been conducted in the four states namely 1:
Maharashtra; 2: Kerala; 3: UP; & 4: Delhi. Hence the geographical area of the study stands
same as mentioned above.

Study is purely comparative in nature, this study comes under the one group after only
research design, and it was purely quantitative in nature. There are several types of
stakeholders of the said policy hence all the stake holders have been considered as unit of
study. The various unit of study has been mentioned below:

1. Victim from Public Prosecutor/Police;

5
https://www.aqr.org.uk/glossary/conclusions-and-recommendations accessed on
27_2_2017
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2. Police Officers & police Stations;


3. Public Prosecutor;
4. Medical Officers & Medical Practitioners;
5. Nirbhaya Fund Officers;
6. Social Counselors.

All the stake holders of the said policy constituted the universe of the study. As there are
different types of stake holders hence the universe of the said study has been divided on the
ground of above mentioned points.

The sample for this study has been selected based on multi-phase sampling method. The
phases of Sample selection have been mentioned below.

Phase one: On first phase the four states has been selected. Namely Maharashtra, Karla,
Uttar Pradesh and Delhi.

Phase two: On second phase, from each of the selected state two districts has been selected
based on prevalence of violence against women. These two districts from each
state include one highest prevalence district and one lowest prevalence district
in concern with violence against women. From each state following district has
been selected.

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Table 10.1: States and Districts covered

S.No. State Distract Prevalence


1 Mumbai High
Maharashtra
2 Gadchiroli Low
3 Trivendrum High
Karla,
4 Waynadu Low
5 Lucknow High
Uttar Pradesh
6 Mirzapur Low
7 South east High
Delhi
8 North Low

Phase Three: On third phase, all the stake holders in the concern policy has been identifies
and is has been decided that from each of the selected district these various stake
holders will be selected to have participation from all the sectors. The sample
from each of the stake holders has been selected using quota sampling of non-
probability sampling method.

Phase Four: On fourth phase, actual sample has been drawn with the help of availability
sampling method. Hence the study is based on non-probability sampling method. The details
of sample have been mentioned below.

The data from primary source has been collected with the help of interview method. For
conducting the interviews various type of respondents, the six types of structured interview
schedules were specially developed. For collecting the data from the secondary sources a
check list was prepared. And the data have been collected from the books, journals,
magazines, newspapers, and internet.

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B: CONCLUSION

Violence against women is a problem across the World. It affects women of all races, ethnic
groups, classes and nationalities. It is a life-threatening problem for individual women and a
serious problem for societies. Violence affects the lives of millions of women worldwide in
all socio-economic and educational classes. It cuts across cultural and religious barriers,
impeding the right of women to participate fully in society. Violence against women takes a
dismaying variety of forms, from domestic abuse to rape, to child marriages and to female
circumcision. All of them are violations of the most fundamental human rights.

The problem of crime against women is not new in India. Women in Indian society have been
victims of ill-treatment, humiliation, torture, and exploitation for if written records of social
organization and family life are available. These records are repeated with incidents of
abduction, rape, murder and torture of women. Nevertheless, regretfully, female victims of
violence have not been given much attention in the literature on social problems or in the
literature on criminal violence. Nor has any attempt been made to explain why both the
public and the academicians alike have ignored for so long the fact that women have
continuously been ruthlessly exploited in our society.

In terms of sufferings, which it brings upon the victims and their families, it is, perhaps, the
most severe punishment, which can be inflicted upon them. The victim woman is haunted
for life by one single monstrosity committed against her and it puts her to embarrassment
at almost every step; be it among friends, be it in marriage, if, at all that is possible, or be it
the rest of her life in any shape. For all purposes, she becomes an outcaste. It marks a drastic
change in her future existence and there is no wonder that most of the victims of this crime
commit suicide. The worst aspect of this crime is that the woman concerned is to suffer for
what is forced upon her without her being in anyway responsible. It is not only the physical
violation of the body of the victim but an intrusion upon her mental, psychological and
emotional sensitivities. It is the destruction of her sense of pride, sense of security, sense of
purity, and quake-like shock to the future hopes, aspirations and dreams of a happy married
life.

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So far as Indian scene is concerned, in the past few decades, with increasing evidence
regarding the phenomenon, crime against women has drawn the attention of several
concerned feminists, human rights groups, social scientists and social work practitioners.

In a large and complex country like India, the dimensions and problems of violence against
women do not yield easy solutions. Setting standards is a first step, and while it is an
important and necessary one, it is not enough. There must be effective implementation at
the national, regional and international levels. The rule of law and recourse to legal remedies
for violation of rights and entitlements must be observed.

The Indian constitution which is the fundamental law of the land contains numbers of
provisions for the benefit and protection of the women. The concept of equality and non-
discrimination finds its due place in Indian constitution. Besides, it also enables the state to
adopt measures of affirmative discrimination in favor of women. Apart from fundamental
rights, some specific provisions to ensure the rights of women have also been incorporated
in Directive Principles of State Policy. However, despite constitutional protection and several
legislations, gender discrimination and injustices continue to occur. This is mainly because
those who enforce the laws or interpret them do not always fully share the philosophy of
gender justice concept.

Indian women are, by and large, handicapped in respect to all the prerequisites essential for
access to justice. The widespread illiteracy, the cultural barriers and subordination they
suffer from, and unfriendly process of law have kept most women, who have problems, away
from the law and courts. Victimized women have various experiences with the national
criminal justice systems. They cannot always depend on the criminal justice system for
protection. In terms of combating violence against women, there often exist gaps and
ambiguities in the laws criminalizing violence. Laws tend to be piecemeal, focusing on
specific forms of violence rather than dealing comprehensively with all forms of violence
against women. When the law is in place, there is often weak law enforcement. This leads to
victim's apathy and distrust and avoidance of the system. In certain situations, such as the
cruelty and dowry deaths, corruption among police and other enforcement officials works
as a major obstacle.

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Apart from various Articles of Indian Constitution and provisions in criminal law i.e. Indian
Penal Code 1860, Indian Evidence Act 1872, Criminal Procedure Code 1973, many legislative
enactments pertaining to the crimes committed against women have been passed by Indian
Parliament from time to time to prevent such crime in the Indian society. Followings are
some of those important enactments.

1. The Immoral Traffic Act, 1956


2. The Dowry Prohibition Act, 1961
3. The Medical Termination of Pregnancy Act, 1971 398
4. The Indecent Representation of Women (Prohibition) Act, 1986
5. The Commission of Sati (Prevention) Act, 1987
6. The National Commission for Women Act, 1990
7. The Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) Act, 1994
8. The Protection of Women from Domestic Violence Act, 2005.
The Law Commission of India, through its recommendations, has made various changes in
IPC, Cr.P.C. and Evidence law and has tried to solve many problems of the victims of rape, but
these recommendations are not enough until now. The educated class of the society should
come forward to support the victims of rape and report the matter to the police authorities
immediately. The law alone cannot solve all the social problems. The Governmental
authorities, social organizations, women's organizations, voluntary groups, NGO's etc.
should come forward to serve the cause of rape victims. There is an urgent need to bring a
change in the attitude of the police authorities in the matters of rape cases. They should have
a sympathetic attitude towards the victims of rape and the necessary support should be
provided to the victims.
The law-enforcement agencies i.e., the police and the judiciary can play an important role in
the control of crime against women and particularly rape. The law-enforcement is a
continuous process from the time a crime is reported till the criminal is prosecuted and
punished. This is a long process involving various stages such as, investigation, prosecution,
trial and judicial decision. The victim needs to be facilitated at all these stages. Never-ending
trials have also led to a scenario where the complainant is forced to compromise with the

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victim outside the court secretly due to the social pressure, thereby frustrating the whole
purpose of law. What is the use of increasing the punishment when the chance of conviction
itself is a rarity?
Another reason for increase in rape cases is the problem caused in investigation due to the
delay in filing of F.I.R. Delay in filing of F.I.R. may be due to various reasons. Since it is a sexual
offence, there might be an initial hesitation in the mind of the victim to report the matter to
the police as she might fear that the same might affect her and her family's reputation. The
hesitation may also be that by disclosing it a stigma may be marked on her for rest of her life.
The problem faced by investigation authorities in cases of delay is that it becomes difficult
for them to procure expert evidence against the accused. Since it is an offence against body,
medical evidence plays an important role. With the passing time, physical injuries get healed
up, destroying evidence and resulting in acquittal.
To design and implement an adequate response to this problem, it is necessary first to
understand it, for which we need reliable and consistent data and other information about
the prevalence, the causes, the nature and the consequences of violence against women.
Second, institutional, national and global information and knowledge on violence against
women must be translated into effective and integrated action. Third, responses to violence
against women should be broadened to include the participation of multiple sectors and
social groups: the police, judicial officials, the health sector, community groups, men's
groups, and above all women themselves. Finally, to effect a change in both consciousness
and behavior, responses to violence against women must be implemented at the community,
municipal, national and international levels, so that a "community-based response" involves
not just local, but regional and international communities as well.
Changing people's attitude and mentality towards women will take a long time, at least a
generation, many believe, and perhaps longer. Nevertheless, raising awareness of the issue
of violence against women, and educating boys and men to view women as valuable partners
in life, in the development of a society and in the attainment of peace are just as important
as taking legal steps to protect women's human rights. It is also important to prevent
violence that non-violent means be used to resolve conflict between all members of society.
Breaking the cycle of abuse will require concerted collaboration and action between

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governmental and non-governmental actors, including educators, health-care authorities,


legislators, the judiciary and the mass media. Education of both men and women will lead to
change in attitudes and perceptions. It is not easy to eradicate deep seated cultural value or
alter tradition that perpetuates discrimination. In the final analysis, we come to a perspective
that gender violence is a violation of human rights that needs to be combated by both men
and women who believe in justice for all citizens irrespective of their class, caste, racial,
religious and ethnic backgrounds.

D: RECOMMENDATIONS.

Suggestions are proposed by the researcher to bring about changes in the policies,
procedures and practices of the entire socio-legal system. The basic objective of this study is
to impart needed services for the women victims of domestic violence. If necessary changes
are brought about in the socio-legal support systems, it will strengthen locally active social
support system and networks.

1. Complainants of sexual assaults should be provided with legal representation. The


victim's advocate should not only assist her in filing the complaint but also guide her
in getting other kinds of assistance like psychiatric, medical, & financial too;
2. Legal assistance would have to be provided at the police station as well as in view of
the distressed state of mind of the victim;
3. Police should be under a duty to inform the victim of the right to get representation
before asking her questions and the police report should state that she was so
informed;
4. A list of advocates should be prepared who were willing to act in these cases,
5. Such advocates should be appointed by the Court, but to avoid delay advocates might
be authorized to act in police station before permission from the court had been
obtained,
6. A criminal injuries compensation board should be set up, Compensation for the victim
should be awarded by the court on the conviction of the offender and by the criminal
injuries compensation board whether a conviction had taken place;

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7. All the suggested reformatory measures will not prove fruitful unless the political
institutions become sensitive to the plight of victims of sexual assaults;
8. The low conviction rate in rape cases can be attributed to the lack of coordination
between the investigating officers and the public prosecutors. Hence, appropriate
training programmers should be conducted for the public prosecutors and the police
officers who investigate rape cases, so that through proper coordination between
them helps in receiving justice for the victim;
9. The modern investigating technique should be adopted in crime investigation which
would be of great help in determining the cases of sexual violence against women;
10. To rule out gender bias attitudes against rape victims, there should be training
programmers for members of Judiciary and the Bar to build awareness regarding the
women’s plight in rape cases. It will help in the formation of attitudes conducive to
the effective interpretation and implementation of law;
11. Setting up of special courts for hearing the cases of sexual assault is strongly
recommended. In these special courts, women judges should be there so that the
victim feels comfortable in narrating the details of the sexual assault perpetrated on
her;
12. Special investigation units comprising predominantly women police officers may be
created. Investigating officers need to be trained and sensitized about the needs and
sensibilities of victims. Police officers and doctors need to be trained in interview
techniques which should be conducted as far as possible, in the victim's home.
Doctors simply go by the rule book. They look for tangible physical evidences that
have been listed out. If there is no physical injury, they simply pronounce the girl as
not having been assaulted. This narrow legalistic interpretation needs to be
substituted by a new humane perspective;
13. The police officers must be given special training to deal with the victims of sexual
abuse. Gender sensitization programmers will help the officers to have the required
considerate approach for rape victims. Preferably there should be women officers in
every police station to attend to such females;

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14. The court dealing with rape cases should be sensitive towards the conditions of rape
victims and award punishments to rapists with great seriousness towards women
conditions in the Indian society;
15. Rape Crisis Centres are set up in countries like Australia, Canada, America, United
Kingdom, etc. These centres provide their help through their telephonic help lines
also. These centres provide the rape victims with medical help, counseling, and
financial help by way of providing job opportunities etc. Such centres should be set
up in India to provide for medical aid and counseling to the rape victims;
16. Another very important aspect is to provide counseling for the family members of the
victim. In times of distress and emotional trauma, best support can be provided by
the family members;
17. Indiscrimination use of judicial discretion can be regulated by enacting a legal
provision whereby the award of lower sentence;
18. The need of the hour is the creation of state sponsored victim compensatory fund
particularly for heinous offences including rape. This award should have a victim's
need based procedure and should be totally free from the result of the prosecution
that is conviction or acquittal and should come into action the moment FIR is
registered or cognizance is taken of a complaint;
19. The media must be sensitive to the plight of the rape victim and must not highlight
the name or any inference leading to the identification of the victim, as it will be
counterproductive. The media must not highlight the case where the offender has
been acquitted but must invariably highlight those cases where the offender has been
convicted, as it will infuse the feeling of deterrence among the people;
20. State government should encourage at least one women group in each district for
taking up various programmers for the care and protection of victims of violence. The
government should not interfere in the autonomy and functioning of the NGOs in lieu
of their patronage, support and cooperation excepting periodical evaluation of the
performance of these 419 organizations by non-official experts who may be
appointed by the competent authority;

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Annexure: A: Tools of data Collections

Tool 1: Interview Schedule for victim from Public Prosecutor/Police

Schedule Code

Tackling Violence against Women: A Study of State Intervention Measures

(A comparative study of impact of new laws, crime rate and reporting rate, change in
awareness level)

Tool 1: Interview Schedule for victim from Public Prosecutor/Police

A: Official Data

Name of the Public Prosecutor/Police: ___________________________________________________

Name of the Victim (If revealed) ___________________________________________________

Date: District:

B: Research Data

Q. Questions Responses R.
Code
Code

1. Crime reported _____________________________________________________________________


____________________________________________________________________

2. Age of the Victim ________________________Years

3. Educational 1) illiterate 2) Primary (1 to 4)


level of the
3) Middle (5 to 7) 4) Secondary (8 to 10)
victim
5) Higher Secondary 6) Graduation

7) Post Graduation 8) M. Phil / PhD

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4. Caste category 1) NT/DNT 2) ST 3) SC

of the victim 4) SBC 5) OBC 6) General

5. 1) Hinduism 2) Christianity 3) Islam


Religion of the
4) Buddhism 5) Jainism 6) Sikhism
victim
Any other specify: _________________________________________

6. Place of residence of 1) Urban – Slum 2) Urban - Non-Slum

the victim 3) Rural 4) Tribal

7. 1) Victim 2) Parents of the Victim 3) Husband


Who registered
4) Friend 5) Guardian/Relative
the complaint of
6) NGO/ Counselor
the victim?
Any other specify: _________________________________________

8. Were victim injured when victim reported the case? 1) No 2) Yes

9. 1) Within 24 hours 2) After 24 hours


When were victim
3) Before the FIR filing 4) After the FIR filing
medically examined?
5) Never

10. 1) At the residence 2) Near the residence

3) At the workplace/school/college

4) Near the workplace/school/college


Where did the
crime take 5) On the way to the workplace/school/college
place?
6) Bus/metro 7) Taxi/Cab 8) Public place

9) Secluded pl

Any other specify: _________________________________________

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11. 1) Alone 2) Along with one male


Who accompanied
victim when the crime 3) Along with one female 4) In a group
took place?
Any other specify: __________________________________

12. Nearest police station from _______________________________________________


the place of crime? _______________________________________________

13. When did, the crime take 1) Day (8 am to 7 pm)

place? 2) Night (8 pm to 7 am)

14. 1) Stranger 2) Known to the victim


Who was the
3) Neighbor 4) Family member 5) Friend
accused?
Any other specify: ____________________________________________

15. Age of the accused ________________________Years

16. Number of accused? ________________________________People

17. 1) Respectfully 2) Humiliated


How were
victim treated 3) Neglected
by the police?
Any other specify: __________________________________________

18. Were victim given counseling? 1) No 2) Yes

19. Did victim avail the free legal aid facility? 1) No 2) Yes

20. Was victim’s case resolved? 1) No 2) Yes

21. 0) N/A 1) Pending 2) Withdrawn

If No, why? 3) Lack of evidence

Any other specify: __________________________________________

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22. Who gave you information about _______________________________________________


Victim Compensation Fund? _____________________________________________

23. Did victim get any benefit from 1) No 2) Yes

Compensation Fund or similar Fund?

24. How much fund was allotted? Rs_______________________________/-

25. _________________________________________________________________
On what grounds?
________________________________________________________________

26. After how many days was the fund 0) N/A

allocated after filing the application? ____________________________Days

27. Who helped you to 0) N/A

avail this fund? specify: __________________________________________

28. Were victim provided help for 1) No 2) Yes


rehabilitation?

29. Were victim provided any help 1) No 2) Yes

to survive economically?

30. 0) N/A
If Yes, How Much How?
Rs_______________________________/-

What do you suggest to improve the following?

31. ____________________________________________________________
Filing the complaint
____________________________________________________________

32. ____________________________________________________________
Treatment
____________________________________________________________

33. ____________________________________________________________
Collection of evidence
____________________________________________________________

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34. ____________________________________________________________
Trauma management
____________________________________________________________

35. ____________________________________________________________
Rehabilitation
____________________________________________________________

Name & signature of Respondents name & Name & signature of


surveyor designation Investigator

Date: Time:

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Tool 2: Interview Schedule for Police Officers & police Stations

Schedule Code

Tackling Violence against Women: A Study of State Intervention Measures

(A comparative study of impact of new laws, crime rate and reporting rate, change in
awareness level)

Tool 2: Interview schedule for Police Officer/Station

A: Official Data

Name of the Police Station: __________________________________________________________________

Address: ___________________________________________________________________
_________________________________________________________________

Designation of the respondents: ____________________________________________________________

Date: District:

B: Research Data

Q. Questions Responses R.
Code Code

1. How many cases registered in your police Station as FIR related to given issues?

Year Rape Acid Assault on women with Insult to Kidnapping


Attack intent to outrage her modesty of & Abduction
Modesty Women
2011

2012

2013

2014

2015

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2. Is woman constable present at the time 1) No 2) Yes

of recording the statement?

3. If No, what is the reason? 0) N/A

Specify: _______________________________________________

_________________________________________________________

4. Who else is present 1) Nobody 2) Parents 3) Social Counsellor


while recording the
4) relatives 5) friends
statement?
Any other specify: __________________________________

5. Where is, the 1) Police Station 2) Residence of victim


statement recorded?
3) Hospital/clinic

Any other specify: __________________________________

6. Is it recorded in-camera? 1) No 2) Yes

7. If no, what is the reason? 0) N/A

Specify: _______________________________________________

_________________________________________________________

8. Is victim given counselling to make her comfortable 1) No


and safe before recording the statement? 2) Yes

9. Does counselling is given in the police station to the 1) No


victim before recording the statement? 2) Yes

10. If not given in police 0) N/A 1) NGO


station, do you send the
3) Family counselling centre
victim for any of the below?
4) Private psychologist
Any other specify: ____________________________

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11. How much time does it take to record the statement? _______________Hours

12. How many times does the victim


narrate incident generally? ______________________________Times

13. Do you insist on sending victim for medical 1) No 2) Yes

examination before filing the FIR?

14. If yes, what is reason? 0) N/A

Specify: _______________________________________________

_________________________________________________________

15. Have you encouraged any victim to file her complaint? 1) No 2) Yes

16. Under which circumstances 1) Family Pressure 2) Caste pressure


the victim gets hesitated to
3) Future social stigma
file the complaint?
Any other specify: ____________________________
17. Do you inform the victim about the 1) No 2) Yes

availability of free legal aid?

18. Is an evidentiary property of the victim and 1) No 2) Yes

culprit, sealed and submitted to the court?

19. How many cases proved, and accused was punished as per your police station
record?

No of cases registered No of cases proven No of cases pending

2011

2012

2013

2014

2015

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20. Do you send victim to any Trauma treating 1) No 2) Yes

centre?

21. Do you inform the victim about Victim 1) No 2) Yes

Compensation and similar funds?

22. Please inform us that which _____________________________________________________


rehabilitation centres _____________________________________________________

belong to your area? ____________________________________________________

What change do you see in the past three years?

Answer per options given below (mention code given to options in code box)

0) Can’t say/ No Response 1) Negative 2) Positive

23. Lodging complaint by the victim

24. Complaint mechanism

25. Awareness about Law

26. Facilities to victims

27. If any Other changes do you 0) N/R


observed in these three years? Specify:
____________________________________________
(Except above mentioned changes) ____________________________________________

Respondents name & designation Name & signature of Investigator

Date: Time:

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Tool 3: Interview schedule for Public Prosecutor

Schedule Code

Tackling Violence against Women: A Study of State Intervention Measures

(A comparative study of impact of new laws, crime rate and reporting rate, change in
awareness level)

Tool 3: Interview schedule for Public Prosecutor

A: Official Data

Name of the respondents: __________________________________________________________________

Address: ___________________________________________________________________
_________________________________________________________________

Designation of the respondents: ____________________________________________________________

Contact No:

Date: District:

B: Research Data

Q. Questions Responses R.
Code
Code

How many cases of violation against women related to below mentioned issues
come to court in a year?

Year Rape Acid Assault on women Insult to Kidnapping


attack with intent to modesty of &
1.
outrage her Modesty Women Abduction

2011

2012

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2013

2014

2015

Within how much time generally


2.
cases are decided? _______________Months & __________Year

Do you find the timelines given in 1) No 2) Yes


3.
the existing laws feasible?

In how many cases accused is punished?

Year Rape Acid Assault on women Insult to Kidnapping


attack with intent to modesty of &
outrage her Modesty Women Abduction

2011
4.
2012

2013

2014

2015

What is the acquittal ratio? ____________________________________________


5.
____________________________________________

Whether these cases are conducted 1) No 2) Yes


6.
in-camera?

Is the victim asked the questions 1) No 2) Yes


related to her past sexual
7.
experience or character in the
cross examination?

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Do you get enough evidences to 1) No 2) Yes


8.
strengthen the case?

Do you inform the victim about 1) No 2) Yes

9. Victim Compensation and similar


funds?

What is your experience in 1) Difficult 2) Cooperative


10. getting evidence from Police?
3) Non-Cooperative 4) No Comment

Is the statement of the victim 1) No 2) Yes


11.
videographer?

If no, what is the reason? 0) N/A

12. Specify: _______________________________________________

_________________________________________________________

If yes, is CD of the statement 0) N/A 1) No 2) Yes


13.
provided to you?

Does medical examination 1) No 2) Yes


14.
report a conclusive proof?

Who accompanies 1) Parents 2) Husband 3) Friend


with the victim?
15. 4) Guardian/Relatives 5) NGO/Counsellor

Any other specify: __________________________________

What challenges do 0) No Challenges

you have while Specify: ___________________________________________________


16.
handling such cases?
____________________________________________________________

What do you suggest to improve the following?

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_____________________________________________________________
17. Filing the complaint
___________________________________________________________

_____________________________________________________________
18. Treatment
___________________________________________________________

_____________________________________________________________
19. Collection of evidence
___________________________________________________________

_____________________________________________________________
20. Trauma management
___________________________________________________________

_____________________________________________________________
21. Rehabilitation
___________________________________________________________

What change do you see in the past three years?

Answer according to options given below (mention code given to options in code box)

0) Can’t say/ No Response 1) Negative 2) Positive

22. Lodging complaint by the victim

23. Complaint mechanism

24. Awareness about Law

25. Facilities to victims

26. If any Other changes do you 0) N/R


observed in these three years?
Specify:
(Except above mentioned changes) ____________________________________________
____________________________________________

Respondents name & designation Name & signature of Investigator

Date: Time:

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Tool 4: Interview Schedule for Medical Officer in Government Hospital or Private Medical
Practitioner

Schedule Code

Tackling Violence against Women: A Study of State Intervention Measures

(A comparative study of impact of new laws, crime rate and reporting rate, change in
awareness level)

Tool 4: Interview Schedule for Medical Officer in Government Hospital or Private


Medical Practitioner

A: Official Data

Name of the
Respondents: _____________________________________________________________________

Name of the hospital: _____________________________________________________________________

Designation of the
respondents: ______________________________________________________________

Date: District:

B: Research Data

Q. Questions Responses R.
Code
Code

How many cases did you handle in these years?

Year Rape Acid attack Kidnapping & Abduction


1.
2011

2012

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2013

2014

2015

Medical 1) Government Hospital


examination
2. 2) Private Hospital/clinic
conducted at?
Any other specify: ________________________________________

Who 1) Female Constable 2) Parents


accompanies the
3. 3) Counsellor/Social Worker 4) Relatives
victim generally?
Any other specify: ________________________________________

Who examines 1) General physician 2) Gynaecologist


the victims?
4. 3) Nurse

Any other specify: ________________________________________

Are you aware about the amendments made in the 1) No 2) Yes


5.
criminal law act 2013?

6. Do you ask details about past sexual experience? 1) No 2) Yes

Which tests do 0) Don’t Conduct


you conduct? 1) _______________________________________________________________

7. 2) _______________________________________________________________

3) _______________________________________________________________

4)_______________________________________________________________

The time difference between


8.
examination and incidence? _____________________________Days

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9. Do you charge fee for examining the victim? 1) No 2) Yes

When do you examine the victim? 1) Before FIR is filed


10.
2) After FIR is filed

When do you start medical 1) Immediately


11. treatment after examination?
2) After police report

12. On an average time for treatment of victim. _________________________Days

In how many cases was the evidence collected in this hospital admissible in the
Police?

Assault on women with


Kidnapping &
Year Rape Acid attack intent to outrage her
Abduction
Modesty

13. 2011

2012

2013

2014

2015

14. Do you have Sexual Assault Kit in your hospital? 1) No 2) Yes

Do you have the facility of Forensic Lab for testing 1) No 2) Yes


15.
of vaginal fluid sample?

If No, where do you send 0) N/A

the sample for testing? Specify: _______________________________________________


16.

________________________________________________________

17. How much time does it take to get the report? _________________________Days

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Is this hospital having any special counselling 1) No 2) Yes


18.
facility for victims?

If yes, for how long is the psychological help


19.
provided in your centre? _________________________Years

Where do you refer 1) Short stay homes 2) One-stop Centre


for trauma
3) NGO accommodation 4) Day Care Centre
20.
management?
5) Children Home

Any other specify: _____________________________________

0) No Challenges
What challenges do you
21. Specify: _________________________________________________
face while handling
such cases? ___________________________________________________________

What do you suggest to improve the following?

____________________________________________________________
22. Filing the complaint
____________________________________________________________

____________________________________________________________
23. Examination
____________________________________________________________

____________________________________________________________
24. Collection of evidence
____________________________________________________________

____________________________________________________________
25. Treatment
____________________________________________________________

____________________________________________________________
26. Trauma management
____________________________________________________________

____________________________________________________________
27. Rehabilitation
____________________________________________________________

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Do you inform the victim about Victim 1) No 2) Yes


28.
Compensation Fund and similar funds?

What change do you see in the past three years?

Answer per options given below (mention code given to options in code box)

0) Can’t say/ No Response 1) Negative 2) Positive

29. Lodging complaint by the victim

30. Complaint mechanism

31. Awareness about Law

32. Facilities to victims

If any Other changes do you 0) N/R


observed in these three years?
Specify:
33.
(Except above mentioned changes) ____________________________________________

____________________________________________

Respondents name & designation Name & signature of Investigator

Date: Time:

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Tool 5: Interview Schedule for Nirbhaya Fund Officers

Schedule Code

Tackling Violence against Women: A Study of State Intervention Measures

(A comparative study of impact of new laws, crime rate and reporting rate, change in awareness
level)

Tool 5: Interview Schedule for Nirbhaya Fund Officers

A: Official Data

Name of the Respondents: _____________________________________________________________________

Contact Number: _____________________________________________________________________

Date:
District:
B: Research Data

Q. Questions Responses R.
Code Code

Any other responsibility share by you 0) No other responsibility


other than fund officer?
1. ____________________________________________
______________________________________

How many applications came under this scheme?

Assault on women with Insult to Kidnapping &


Acid
Year Rape intent to outrage her modesty of Abduction
attack
Modesty Women

2011
2.
2012

2013

2014

2015

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How many victims got benefit in these years?

Assault on women with Insult to Kidnapping


Acid
Year Rape intent to outrage her modesty of & Abduction
attack
Modesty Women

2011
3.
2012

2013

2014

2015

How much amount was allocated (This can be asked in RTI)

Assault on women with Insult to Kidnapping


Acid
Year Rape intent to outrage her modesty of & Abduction
attack
Modesty Women

2011
4.
2012

2013

2014

2015

0) N/R _________________________________________
______________________________________________________
What is the procedure of fund
5. ______________________________________________________
delivery?
______________________________________________________
______________________________________
How much time generally 1) Six Months 2) One Year
6.
taken to release funds? 3) More than a year

Is the allocation of funds restricted 1) Yes


7.
to the same financial year? 2) No, it carries to next financial year

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Do you have any committee to decide benefits to


8. 1)No 2) Yes
victims to release funds?

0) N/A

______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
If yes, then Structure of the ______________________________________________________
9.
committee? ______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
__________

Who accompanies with the victim? (I found this question irrelevant as this
schedule if for fund officer in general sense and not in specific with victim)

Victim self 0) No 1) Yes

Parents 0) No 1) Yes

Husband 0) No 1) Yes

10. Friend 0) No 1) Yes

Guardian/Relatives 0) No 1) Yes

NGO/Counselling Centre 0) No 1) Yes

0) N/R ________________________________

Any other mention ____________________________________________


______________________________________

Is there inherent mechanism of sensitization committee


11. 1) No
members/officials?

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2) Yes

0) N/A ________________________________

12. If yes, please provide details ____________________________________________


______________________________________

0) N/A ________________________________
How do you support the victims,
13. ____________________________________________
proactively?
______________________________________

0) N/R 1) No Challenges

____________________________________________
What challenges do you have while ____________________________________________
14.
handling such cases? ____________________________________________
____________________________________________
_____________________________

What do you suggest to improve the following?

0) N/S ________________________________

____________________________________________
Filing the complaint ____________________________________________
____________________________________________
________________________________

0) N/S ________________________________
15.
____________________________________________
Treatment ____________________________________________
____________________________________________
________________________________

0) N/S ________________________________
Collection of evidence
____________________________________________
____________________________________________

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____________________________________________
________________________________

0) N/S ________________________________

____________________________________________
Trauma management ____________________________________________
____________________________________________
________________________________

0) N/S ________________________________

____________________________________________
Rehabilitation ____________________________________________
____________________________________________
________________________________

What change do you see in the past three years?

Answer according to options given below

(mention code given to options in code box)

0) Can’t say/ No Opinion 1) Negative 2) Positive


16.
Lodging complaint by the victim

Complaint mechanism

Awareness about Law

Facilities to victims

Please mention any other change if 0) No


you have observed?
17. ____________________________________________
____________________________________________

Respondents name & designation Name & signature of Investigator

Date: Time:

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Tool 6: Interview Schedule for Social Counsellors

Schedule Code

Tackling Violence against Women: A Study of State Intervention Measures

(A comparative study of impact of new laws, crime rate and reporting rate, change in awareness
level)

Tool 6: Interview Schedule for Social Counsellors

A: Official Data

Name of the Respondents: _____________________________________________________________________

Contact Number: _____________________________________________________________________

Name of the organization: ______________________________________________________________

Date:
District:
B: Research Data

Q. Questions Responses R.
Code Code

Qualification of the respondents? 1) MSW 2) MA (Psychology)


1. Any other specify _______________________
____________________________________________
How do the cases of violence against women reach you, mostly?
Victim approaches 0) No 1) Yes
Referred by police 0) No 1) Yes

Relatives of the victim 0) No 1) Yes


2.
Hospital 0) No 1) Yes

Relatives of the victim 0) No 1) Yes

NGOs 0) No 1) Yes

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Proactive initiative by the counsellor herself/himself 0) No 1) Yes

Any other 0) N/R _____________________________________________________________


specify ______________________________________________________________________
Who accompanies with the victim?
Victim alone 0) No 1) Yes
Parents 0) No 1) Yes

Husband 0) No 1) Yes

3. Friend 0) No 1) Yes

Guardian/Relatives 0) No 1) Yes

NGO/Counseling Centre 0) No 1) Yes

Any other 0) N/R _____________________________________________________________


specify ______________________________________________________________________
Number of victims approached you?

Rape Acid Assault on women with Insult to modesty Kidnapping


Year attack intent to outrage her of Women & Abduction
Modesty

2011
4.
2012

2013

2014

2015

What is your role in the procedure ‘from 0) No Role


5. the victim approach you till filing of the Specify: _____________________________
complaint? _______________________________________
What is your role in the 0) No Role
procedure ‘from filing
6. 1) Accompany victim to police station
FIR till the final
2) Accompany victim to court
judgement’?

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3) Accompany victim to public prosecutor

4) Moral support to victim

5) Moral support to family

6) Financial support for procedure

7) Financial support for rehabilitation

Any other Specify: ________________________________

____________________________________________________________
__________________________________________________

What are the difficulties you face while tackling such cases?
Don’t face any of the difficulty 0) No 1) Yes

Non-cooperation of Police 0) No 1) Yes

Non-cooperation of family members 0) No 1) Yes


7.
Pressure from politicians 0) No 1) Yes

Pressure from opposite party 0) No 1) Yes

Any other 0) N/R _____________________________________________________________


specify ______________________________________________________________________
What is your experience in context of cooperation with the following support system?

Answer according to options given below


(mention code given to options in code box)

0) Never 1) Sometimes 2) Always

8. Victim’s Relatives

9. Police Officer

10. Medical Officer

11. Government official

12. Public Prosecutor

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Any other comment would you like to give in concern with cooperation with the following
support system?

0) N/C _________________________________________________
13. Victim’s Relatives _______________________________________________________________
_____________________________________________________
0) N/C _________________________________________________
14. Police Officer _______________________________________________________________
_____________________________________________________
0) N/C _________________________________________________
15. Medical Officer _______________________________________________________________
_____________________________________________________
0) N/C _________________________________________________
16. Government official _______________________________________________________________
_____________________________________________________
0) N/C _________________________________________________
17. Public Prosecutor _______________________________________________________________
_____________________________________________________
Do the police invite the counsellor while the
18. 1) No 2) Yes
statement is being recorded?

Do you ensure that the woman constable is


19. 1) No 2) Yes
present while recording the statement?

Are you aware of new definition of “Rape”,


20. 1) No 2) Yes
according to criminal law amendment, 2013?

How do you help the victim in the process of rehabilitation?

Treatment 0) No 1) Yes

Psychological support 0) No 1) Yes


21.
To send her in short stay home 0) No 1) Yes

Skill development/ education 0) No 1) Yes

To get the job 0) No 1) Yes

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Bharatiya Stree Shakti

Any other 0) N/R _____________________________________________________________


specify ______________________________________________________________________

How do you assist the victim to avail Victim Compensation Fund or any other
equivalent scheme?

Information 0) No 1) Yes

Application 0) No 1) Yes

22. Collect documents 0) No 1) Yes

Approaching fund officials 0) No 1) Yes

Follow up till end 0) No 1) Yes

Any other 0) N/R _____________________________________________________________


specify ______________________________________________________________________
What do you suggest to improve the following procedures?

0) N/S___________________________________________________
________________________________________________________________
Filing the complaint
________________________________________________________________
_________________________________________________
0) N/S___________________________________________________
________________________________________________________________
Medical Help
________________________________________________________________
23. _________________________________________________
0) N/S___________________________________________________
________________________________________________________________
Collection of evidence
________________________________________________________________
_________________________________________________
0) N/S___________________________________________________
________________________________________________________________
Trauma management
________________________________________________________________
_________________________________________________

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Bharatiya Stree Shakti

0) N/S___________________________________________________
Availing
________________________________________________________________
Nirbhaya/equivalent
________________________________________________________________
fund
_________________________________________________
0) N/S___________________________________________________
________________________________________________________________
Rehabilitation
________________________________________________________________
_________________________________________________
No of cases in which Victim Compensation Fund was sanctioned

Year Rape Acid attack Assault on women with Insult to Kidnapping


intent to outrage her modesty of & Abduction
Modesty Women
2011
24.
2012

2013

2014

2015

What change do you see in the past three years?

Answer according to options given below (mention code given to options in code box)

0) Can’t say/ No Response 1) Negative 2) Positive

25. Lodging complaint by the victim

26. Complaint mechanism

27. Awareness about Law

28. Facilities to victims

If any Other changes do you observed 0) N/R


in these three years?
29. Specify:
(Except above mentioned changes) ____________________________________________

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Bharatiya Stree Shakti

____________________________________________

Respondents name & designation Name & signature of Investigator

Date: Time:

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Bharatiya Stree Shakti

Annexure: B: Bibliography

Bibliography
BUREAU, NATIONAL CRIME RECORD. 2012,2013,2014,2015,2016.CRIME IN INDIA.
2012,2013,2014,2015,2016.

Gov of India, Ministry of Women and Child Development. 2015. Press Information
Bureau. [Online] december 18, 2015. [Cited: september 25, 2016.]
http://pib.nic.in/newsite/mbErel.aspx?relid=133564.

Gov, Uttar Pradesh. U.P. Rani Laxmi Bai Mahila Evam Bal Samman Kosh. [Online] [Cited:
july 7, 2016.] http://mahilakalyan.up.nic.in/msk/.

Government of India, Ministry of Women and Child Development. 2015. Press


Information Bureau . [Online] April 24, 2015. [Cited: August 14, 2016.]
http://pib.nic.in/newsite/PrintRelease.aspx?relid=118661.

2012. http://www.keralawomen.gov.in. [Online] august 2012.


http://www.keralawomen.gov.in/index.php/headlines/86-nirbhaya-scheme-for-women-
children-launched-in-kerala.

India, Gov of. Data.gov.in. [Online] [Cited: september 7, 2016.]


https://data.gov.in/catalog/crime-against-women.

India, Government of. 2013. Press Information Bureau. [Online] february 21, 2013.
[Cited: june 20, 2016.] http://pib.nic.in/newsite/PrintRelease.aspx?relid=92351.

—. 2015. Press Information Bureau . [Online] april 1, 2015. [Cited: june 20, 2016.]
http://pib.nic.in/newsite/PrintRelease.aspx?relid=117914.

Indian Law Watch. [Online] http://indianlawwatch.com/practice/law-relating-to-victim-


compensation/#.

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Bharatiya Stree Shakti

Justice, Ministry Of Law and. 2013. India Code, Criminal Law Amendment act 2013.
[Online] Febraury 2013. [Cited: July 10, 2016.] http://indiacode.nic.in/acts-in-
pdf/132013.pdf.

Ministry of women and child development. [Online] [Cited: september 25, 2016.]
http://www.wcd.nic.in/schemes/ujjawala-comprehensive-scheme-prevention-trafficking-
and-resue-rehabilitation-and-re.

Ministry of Women and Child Development. [Online] [Cited: november 10, 2016.]
http://www.wcd.nic.in/schemes/women-helpline-scheme-2.

Ministry of women and child development . [Online] [Cited: september 25, 2016.]
http://www.wcd.nic.in/schemes/one-stop-centre-scheme-1.

Philipose, Pamela. 2014. India Together. [Online] january 10, 2014. [Cited: june 22,
2016.] http://www.indiatogether.org/rapelaws-women.

Pradesh, Government of Uttar. 2012. Home department,Government of Uttar Pradesh.


[Online] November 15, 2012. [Cited: July 7, 2016.] http://uphome.gov.in/women-power-
line-1090.htm.

2013. Press Information Bureau. [Online] February 21, 2013. [Cited: june 20, 2016.]
http://pib.nic.in/newsite/PrintRelease.aspx?relid=92351.

Singh, Manjari. 2016. India Together. [Online] February 19, 2016.


http://www.indiatogether.org/for-rape-survivors-and-families-the-nightmare-continues-
women.

Verma, Justice. 2013. PRS Legislative Report. [Online] January 18, 2013. [Cited: July 6,
2016.]
http://www.prsindia.org/uploads/media/Justice%20verma%20committee/js%20verma
%20committe%20report.pdf.

WOMEN, NATIONAL COMMISION FOR. 2011-15.ANNUAL REPORT . 2011-15.

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