CRIMES AGAINST WOMEN

1.Introduction

2. Meaning of Crime/Violence against Women

3. Constitutional and Legal Provisions for Women

4. Classification Crime Against Women

- Crimes under Indian Penal Code
- Crimes under Special and Local Laws

5. International Initiatives to Curb Gender Violence

6. National Initiatives to Curb Gender Violence

7. Verma Committee Report

8. Conclusion

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1.Introduction:
In the ancient Indian women held a high place of respect in the society as Mentioned in
Rigveda and other scriptures. Volumes can be written about the status of our Women and
their heroic deeds from the vedic period to the modern times. But later on, Because of
social, political and economic changes, women lost their status and were Relegated to the
background. Many evil customs and traditions stepped in which enslaved The women
and tied them to the boundaries of the house. The official statistics showed a declining
sex-ratio, health status, literacy rate, work Participation rate and political participation
among women. While on the other hand the Spread of social evils like dowry deaths,
child marriage, domestic violence, rape, sexual Harassment, exploitation of women
workers are rampant in different parts of India. Humiliation, rape, kidnapping,
molestation, dowry death, torture, wife-beating etc. have Grown up over the years.

2. Meaning of crime / Violence against women:

“The Semantic meaning of crime against women is direct or indirect physical or Mental
cruelty to women”. Crimes which are directed specifically against women‟ and in Which
only women are victims are characterized as Crime Against Women” It is equally
important to clarify the concept of Violence against women. Violence is Also known as
abuse and include any sort of physical aggression or misbehave. When Violence is
committed at home it becomes domestic violence and involves family members Such as
children, spouse, parents or servants. Domestic violence may involve different Means
such as hitting, kicking, biting, shoving, restraining, throwing objects. In broad Terms, it
includes threats, sexual abuse, emotional abuse, controlling or domineering, intimidation,
stalking, passive/covert abuse and economic deprivation, rape, abduction, Kidnapping,
murder (all cases of criminal violence, dowry death, wife battering, sexual Abuse,
maltreatment of a widow and for an elderly women (all cases of domestic violence) And
eve-teasing, forcing wife/daughter-in-law to go for feticide, forcing a young widow to
Commit sati, etc. (all cases of social violence), are issues which affect a large section of
Society. The United Nations defined “Violence against Women” in 1993 in Declaration
on the Elimination of Violence against Women. It defines it 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 private life.

3.Constitutional And Legal Provision For Women:

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

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positive discrimination in favour 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 programmes 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 1993.
Constitutional Provisions for women are as under:
a. Article 14, confers on men and women equal rights and opportunities in political,
Economic and social sphere.
b. Article 15, prohibits, discrimination against any citizen on grounds of religion, race,
Caste, sex etc.
c. Article16, provides for equality of opportunities matters relating to employment or
Appointment to any office under the state.
d. 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.
e. 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:
a.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.
b. Maternity Benefit Act 1961: A Woman is entitled 12 weeks maternity leave with full
Wages.
c. 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.
d. 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.
e. 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.
f. Indian Penal Code of 1860: Section 354 and 509 safeguards the interests of women.
g.The Medical Termination of Pregnancy Act of 1971: The Act safeguards women From
unnecessary and compulsory abortions.

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h. Amendments to Criminal Law 1983, which provides for a punishment of 7 years in
Ordinary cases and 10 years for custodial rape cases.
i.73rd and 74th Constitutional Amendment Act reserved 1/3rd seats in Panchayat and Urban
Local Bodies for women.
j.The National Commission for Women Act, 1990: The Commission was set up in
January, 1992 to review the Constitutional and legal safeguards for women.
k. The Protection of Human Rights Act, 1993:
l. 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.
m. 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

4. Classification Of Crime Against Women :

Although Women may be victims of any of the general crimes such as Murder, Robbery,
Cheating etc., only the crimes which are directed specifically against women are
characterized as Crimes Against Women . Various new legislations have been brought
And amendments have been made in existing laws with a view to handle these crimes
Effectively. These are broadly classified under two categories i.e.
(A) The Crimes under the Indian Penal Code (IPC)
(B) The Crimes under the Special & Local Laws (SLL)
(A) Crimes against women in India are addressed under various sections of the Indian
Penal Code (IPC) and special laws designed to safeguard women’s rights and dignity.
Below are key categories of crimes and the corresponding IPC provisions:
Sexual Offense :
Rape (Section 375 and 376): Defines and penalizes rape with imprisonment and fines.
Includes aggravated forms of rape.
Sexual Harassment (Section 354A): Covers unwelcome sexual advances, demands for
sexual favors, and showing pornography.
Assault to Outrage Modesty (Section 354): Penalizes assault or use of criminal force
intended to outrage a woman’s modesty.

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Voyeurism (Section 354C): Penalizes watching or capturing a woman in a private act
without consent.
Stalking (Section 354D): Includes physical or online stalking.
Domestic Violence :
Cruelty by Husband or Relatives (Section 498A): Penalizes mental or physical cruelty by
a husband or his family.
Dowry Death (Section 304B): Covers deaths caused by harassment related to dowry
demands.
Harassment Related to Dowry :Dowry Prohibition Act, 1961: Along with Sections 498A
and 304B, this act specifically addresses dowry-related offenses.
Trafficking and Exploitation :Human Trafficking (Section 370): Penalizes trafficking for
exploitation, including prostitution and forced purpose.
Procuration of Minor Girls (Section 366A): Addresses inducement of minor girls for
illicit purposes.
Offenses Relating to Marriage:
Bigamy (Section 494): Penalizes marrying again during the lifetime of a spouse without
lawful divorce.
Adultery (Section 497): Previously a crime, it was decriminalized by the Supreme Court
in 2018.
Enticing or Taking Away a Married Woman (Section 498): Penalizes enticing or
detaining a married woman with criminal intent.
Acid Attacks :
Section 326A: Penalizes causing grievous hurt by throwing acid with intent to disfigure
or harm.
Section 326B: Penalizes attempts to throw acid.
Cybercrimes Against women :
Online Harassment and Defamation (Section 499/500): Covers online slander or
defamatory content.
Publishing or Transmitting Obscene Material (Section 67 of IT Act): Penalizes sharing
sexually explicit content without consent.
Offenses Against the Dignity of Women :
Insult to Modesty (Section 509): Penalizes acts or words intended to insult the modesty
of a woman.
Female Foeticide and Infanticide :
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Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994: Prohibits
sex determination to prevent female foeticide.
Witch-Hunting and Superstition-Driven Violence :
Addressed under local state laws, such as the Prevention of Witch-Hunting Act in states
like Jharkhand and Assam.
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 in order 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 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 21 st Century‟ to assess
the progress on Women’s issues. In February 2005, the Commission on the Status of
Women at its 49thSession viewed the progress made on Women’s Human Rights
Agreement, known as 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 world.

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National Initiatives To Curb The Gender Violence :
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.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.
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.
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 women.
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 programmes so as to translate the MPEW prescription
into reality. The Mission was operationalized During 2011-1227