RASHTRIYA RAKSHA UNIVERSITY
Pioneering National Security and Police University of India
Academic Year 2023 -24
Department: LLM(C&SL)
INTERNAL ASSESSMENT
Subject: CCL 102 Legal Writing and Research Methods
Topic: "Gender based violence against women in India"
Submitted By:
Madhav Sharma (LP) - 2300511012211011
Yash Shukla - 2300511012211025
Jashi Kant - 23005110122123
LLM (Criminal & Security Laws)
"Gender based violence against women in India"
Introduction
Gender based violence against women in India is a pervasive and alarming social
issue that reflects deep seated inequalities within the country. From physical and
sexual assault to emotional and economic abuse women across diverse backgrounds
and reason face multifaceted challenges. This phenomena is rooted in complex
interplay of cultural norm traditional stereotypes and patriarchal social structure.
Historically, India has grappled with deeply ingrained gender biases influencing the
prevalence of violence against. Despite significant stripes in economic development,
education and urbanization is a regressive attitude perpetuating a culture of silence
and impunity surrounding gender based violence. The patriarchal nature of many
Indian communities often restricts women’s agency, reinforcing power imbalances
that contribute to their vulnerability.
Legislation to compact gender based violence exists, such as protection of women
from domestic violence act and amendment to the Indian penal code. However,
enforcement remains a challenge and societal norms sometimes hinder reporting or
pursuing legal action. Furthermore, the intersectionality like cast class and religion
further complicates the issue, disproportionately affecting marginalized groups.
Efforts to address gender based violence in India required a multifaceted approach.
Education and awareness campaigns are crucial to challenge ingrained stereotypes
and promote a cultural shift towards gender equality, strengthening legal framework
and improving law enforcement mechanisms are essential for ensuring accountability.
Support service and safe spaces for survivor are equally vital components of
comprehensive strategy.
As India continues to evolve socially and economically, confronting and eradicating
gender best violence is integral to fostering a more inclusive and just society. It
demands collective action from government bodies, civil society and individuals to
dismantle in trenched norms and create an environment where every woman can live
free from fear and violence.
Research Questions:
How does social stigma, fear of retaliation, and concerns about reputational
damage contribute to the underreporting of gender-based violence against
women in India?
To what extent do inconsistent applications of the legal framework, lengthy
judicial processes, and lack of awareness about legal remedies contribute to
the challenges in enforcing laws against gender-based violence in India?
In what ways does societal acceptance of discriminatory practices and
attitudes toward women create an environment where violence is normalized,
hindering efforts to eradicate such behavior?
What are the specific challenges and gaps in current preventive education and
awareness campaigns, and how do these hinder efforts to change deeply
ingrained societal norms and behaviors related to gender-based violence?
Hypothesis
The researcher things that gender based violence in India may be influenced
by deeply ingrained cultural norms and traditional beliefs that perpetuate
unequal power dynamics between gender.
The researcher thinks that socio-economic disparity could contribute to gender
based violence, with economic stressors and limited opportunity exacerbating
power imbalances and tension within relationships.
The researchers think that weak implementations and enforcement of law
addressing gender based violence may contribute to its persistence, as
perpetrators may perceive a lack of consequences for their action.
The researcher thinks that limited education and awareness about gender
equality and rights might contribute to prevalence of gender based violence, as
individuals may lack the understanding and tools to challenge
discriminatory attitudes and behaviours.
Research objectives
Understanding prevalence - To investigate and quantify the extent of gender based
violence to comprehend its prevalence in different contexts and demographics.
Identifying risk factors - To explore and identify the root cause and risk factors
contributing to gender based violence enabling targeted prevention strategy.
Assessing impact - Examine the physical psychological and social economic impact
of gender based violence on individuals and communities.
Informing policy and intervention - To provide evidence based insights to guide the
development of effective policies, programs and interventions at preventing and
addressing gender based violence.
Root cause of “gender based violence” in India
Manusmriti and other literary work- Manu Smriti a Hindu legal text is mentioned as
one of the sources perpetuating negative stereotypes about women, considering them
as habitual
liars, or having bad conduct. This ancient text is cited for its view on women,
portraying them in a derogatory manner. Additionally, reference to the Ramayana
highlight instances where “Sita” was asked to prove her chastity through fire test, and
in Mahabharat public disrobing happened with “Draupadi”.
Historical text- The dharmashastra, Artharaveda are sighted as historical text in
dancing the early marriage of girls, as they attained the age of puberty, or even earlier.
This early marriage is linked to the prevalent practice of dowry. Dowry is recognised
as a pervasive issue cutting across religious, class and caste. Sati is also one of the
evils that exist in our society where widows self-immolate on their husbands funeral
pyre.
Patrilineal system and Patriarchal Society- The socio-cultural element have
contributed to the establishment of profoundly patriarchal society in India, coupled
with a patrilineal system that ensures property rights and inheritance primarily benefit
man.
Specific Challenges for Women in India- The additional challenges faced by
women in India, beyond global issue of sexual violence and domestic abuse, include:
Marriage related Violence- This include dowry death, honour killing, forced
marriages, and child marriage.
Violence related to Caste or Religion- Particularly affecting Dalits, lower castes and
religious minorities women.
Understanding these socio-cultural roots is crucial for addressing gender based
violence in India.
The laws exist, enforcement is lax-The legal system in India, including the
constitution, the Indian penal code (IPC), and the Indian Evidence Act (IEA),
provides legal safeguard and uphols principle of equality and non - discrimination for
women. While the IPC remains the primary legal tool for addressing crime against
women, India has also introduced legislation specifically designed to tackle gender-
based violence. These legal measures include:
• The Criminal Law (Amendment) Act, 2013, popularly known as the Nirbhaya Act,
it incorporated offences like acid attacks, sexual harassment, voyeurism, and stalking
into the IPC. It also made it mandatory for medical personnel to administer and treat
victims of sexual assault.
• The Immoral Traffic (Prevention) Act, 1956,meant to restrict prostitution and
abolish human trafficking.
• The Dowry Prohibition Act, 1961, which made the act of taking or giving dowry a
criminal offense punishable up to five years in prison.
• Protection of Women from Domestic Violence Act, 2005, which defined the term
“domestic violence” for the first time under Indian law, including physical, sexual,
verbal, emotional, and economic abuse.
• The Information Technology (Amendment) Act, 2008, included provisions to
address cyber stalking, cyber defamation, online harassment, child pornography, and
bullying, all of which became rampant in the twenty-first century.
India’s Ministry of Women and Child Development (MWCD), outlines, “despite
constitutional protection and several legislations, gender discrimination and injustices
continue to occur.
According to article of Arundhati Katju, “Putting the victim on trial, the conviction
rate of 1635(2013-18) cases of rape is only 19%, far less than the 47% conviction rate
for all other crimes.
The recent verdict in one of India's highly publicised sex assault cases where he was
acquitted, Bombay High Court was of views that seems to offer a guide and how rape
victims should behave. This has added to the distressing perception of a biassed legal
system, contributing to a situation where, according to Live mint staggering 99% of
women India choose not to report cases of gender based violence to authorities.
Another noteworthy case is instance of justice Gogoi sexual harassment case, where
he himself allegedly violated the principal of “nemo judex in causa sua”, further
highlighting concern about impartiality within legal system.
According to a National Family Health Survey-5, 32% of women(18-49 years) have
experienced physical, sexual, or emotional spousal violence. The most common type
of violence is physical violence(28%), emotional violence, and sexual violence. Only
14% of women who have experienced physical or sexual violence by anyone have
brought the issue up.
Landmark cases:
Pawan Kumar v State of Haryana
In this case Supreme Court held that Cruelty include both physical and mental torture-
Court must adopt constructions which suppress the mischief and advanced the
remedy.
K Prema Rao v Yadla Srinivas
Court in this case held that pressurising and harassing the wife to part with her
stridhan and drive her out of the house on refusal amounted to cruel treatment.
Undavli Naryan v State of Andhra Pradesh
Court in this case held that harassment and Coercion of the wife for dowry that force
her to commit suicide, and hurriedly cremating her body without any autopsy and
informing the parents about the death amount to causing cruelty within the meaning
of 498 a IPC.
Vishaka v State of Rajasthan
In this case the Supreme Court issued directives, to set up an appropriate complaint
mechanism for reprisal of grievances of the employees at workplace and a provision
for taking preventive and corrective steps including conduct of such employees
amounting to a specific offense, is important.
The employer and other responsible person at workplace are under an obligation to
prevent sexual harassment. Also wear such conduct among to a specific offense under
the IPC aur under any other law, the employers initiate appropriate action in
accordance with the law by making a complaint with the appropriate authority.
All workplaces should have an appropriate complaints mechanism with a complaints
committee headed by women, special counsellor or other support services.
The directive issued by the Supreme Court based on CEDAW,especially
recommendation 19.
Nirbhaya case and Legal Provisions
Sec 375 -376E deals with the offense and punishment of the rape. Section 375 of the
Indian Penal Code (IPC) was amended to broaden the definition of rape from penile
penetration to penetration by other means as well, such as orally or by hands or any
other foreign object.
Section 376 was also amended to increase the punishment for rape. Under the
amended section, rape was made punishable by a minimum of seven years
imprisonment — later further amended to 10 years, rape causing death or vegetative
state was made punishable by minimum 20 years.
Section 166 (A) was inserted, which punishes a police officer for disobeying lawful
instructions and not doing their mandated duty as per the law with imprisonment of 6-
24 months.
Section 166 (B) was inserted, which punishes denial of treatment to a victim at a
hospital and not informing the police of an alleged offense with imprisonment for one
year or fine or both.
The age of consent was also set at 18 years.
Section 114-A provides that when a woman in her evidence before the court States
that the sexual act with her was without consent, the court shall presume that she did
not consent.
GENDER INEQUALITY IN TWENTY-FIRST-CENTURY INDIA
Acceptance of violence against women- Up to two-third of men in India hold the
belief that “there are occasions when it is justified to physically harm a woman” and
an even larger proportion endorse tolerating such a violence “to maintain family
unity”.
The “immoral” or “promiscuous” prosecutrix- until 2002, judgement in rape cases
in India where significantly influenced by so called “immortal character” of
complainant (Women) which was admissible as evidence under section 155 (4) of
Indian Evidence Act. The fact that it took independent India 55 years to eliminate this
clause indicative of the deep-rooted misogynistic attitude embedded in the legal
system. Despite the removal of section 155 (4) the notion of the “immortal character”
of women continues to exert an impact on rape judgement.
Caste and religious justification for killing of women- This refers to the use of
caste based or religious beliefs to rationalise or justify acts of violence specifically
targeted at women. In some instances, individuals or groups may invoke their caste or
religious identity to provide reasons or arguments that attempt to legitimise or excuse
the killing of women. This could be connected to cultural or traditional norms,
distorted interpretation of religious doctrine, or deeply ingrained social hierarchies
that contribute to gender based violence.
Police reforms- Police reforms were done to address gender based violence cases
effectively. The justice Verma committee observed that members of the police force
often come from a society entrenched in patriarchal norms, leading to a situation
where male police officer may not treat rape complaint seriously. While a few reforms
have been inactive, their impact has been limited so far.
Gender sensitivity training: gender sensitivity training is one of the key initiatives to
address gender based violence cases. It closely works with legal and law enforcement
institutions to train them on handling gender based violence. Organisations like Majlis
trained 535 judges, 100 protection officers, 85 legal aid lawyers, 200 women
provisionary police officers and 150 medical practitioners to handle the case of gender
based violence.
First Information Report (FIR): Indian law requires police officer to register
complaints of sexual assault, and failure to do so can lead to 2 year imprisonment for
the officers. Despite this legal mandate there is often resistance to filing FIRs,
particularly when the victim is from an economically marginalised community.
Domestic violence as civil offence- Recognising the challenges associated with filing
criminal complaints with police, the protection of women from domestic violence act,
2005, provided an alternate option to file civil complaint with the magistrate. This
legislation mandates state governments to furnish protection officers, medical
assistance and counselling service for complaints offering additional avenues for
support and redressal beyond the traditional criminal justice system.
Police helpline- Many State has started women helpline where they can file any
complaints regarding sexual assault.
Educational and awareness campaigns: The justice Verma committee report
emphasised that legal reforms should be complemented by extensive initiative to raise
awareness about women's right to autonomy and physical integrity. Numerous
organisations have taken efforts to enhance awareness of gender equality through
multimedia campaigns, training sessions and educational content. One notable
example is BELL bajao campaign.
Research Outcome:
In India, as in many other parts of the world, achieving gender equality seems
unattainable within the existing patriarchal structure. Despite advancements in
addressing gender-based violence through new laws, training for law enforcement and
the judiciary, awareness campaigns, and efforts to promote equal participation of
women, a lasting change appears unlikely without eradicating deep-seated patriarchal
beliefs – a formidable challenge.
The pursuit of gender equality has a profound historical context, spanning millennia
and likely to endure for many more years. India must persist in employing various
methods to alleviate the adverse impacts of gender-based violence. This includes
enhancing law enforcement, implementing police reforms, increasing women's
participation in politics and the workforce, portraying women positively in media, and
advancing the education of girls. Nevertheless, as Deo aptly points out, while any
positive change is a welcome step, it is crucial not to consider any change as entirely
sufficient.
India's battle against gender-based violence is interconnected with the global struggle,
necessitating a unified global effort akin to the waves of democracy in the latter half
of the twenty-first century. Given the historical injustices perpetuated by generations
of men, active participation of men in this movement is essential.
References:
1. Marylène Patou-Mathis, “Ideas: The origins of violence,” The UNESCO Courier
2020, no. 1 (2020), 38–41.
2. David Adams, “The Seville Statement on Violence: preparing the ground for the
construction of peace,” Paris, UNESCO (1991),
https://unesdoc.unesco.org/ark:/48223/pf0000094314.
3. Christine Hue-Arcé, “Violence against women in Graeco-Roman Egypt: the
contribution of Demotic documents,” Archaeologies of Gender and Violence (Oxford,
Philadelphia: Oxbow Books, 2017), 136.
4. Susanne Moraw, “Death and the Maiden: late antique images of nubile females as
agents and victims of lethal violence,” Archaeologies of Gender and Violence
(Oxford, Philadelphia: Oxbow Books, 2017), 175.
5. Gerda Lerner, The Creation of Patriarchy (New York: Oxford University Press,
1987), 212.
6. “Facts and figures: Ending violence against women,” UN Women, accessed July
12, 2021, https://www. unwomen.org/en/what-we-do/ending-violence-against-
women/facts-and-figures.
7. Uma Chakravarti, “Conceptualising Brahmanical patriarchy in early India: Gender,
caste, class and state,” Economic and Political Weekly (1993), 579–585.
8. R. Radha, “Historical perspective of violence against women in India through
various ages,” International Journal of Basic and Applied Research
9, no. 6 (2019), 149–153. 9. Uma Chakravarti, “Conceptualising Brahmanical
patriarchy in early India: Gender, caste, class and state,” Economic and Political
Weekly (1993), 579–585.
10. “The Immoral Traffic (Prevention) Act, 1956,” National Commission for Women,
http://ncw.nic.in/sites/ default/files/THEIMMORALTRAFFIC%28PREVENTION
%29ACT1956_2.pdf.
11. “The Dowry Prohibition Act, 1961,” National Commission for Women,
http://ncw.nic.in/sites/default/files/ THEDOWRYPROHIBITIONACT1961_0.pdf.
