Understanding the Issue of Violence Against Women

Key Participants:-

Host – Vishal Dahiya

Guests – Rekha Agarwal, Advocate, Supreme Court; Yogita Bayana, Women’s Rights Activist; Lalitha Kumaramangalam, Former Chairman, National Commission for Women; Jyoti Singhal, Deputy Secretary, National Commission for Women.

Context

1. Each year, 25th November is marked as the International Day for the Elimination of Violence Against Women. The theme for this year is “Generation Equality Stands Against Rape”.
2. Despite the Indian Government's efforts to prioritize the safety and security of women, violence against women continues to be a hindrance in achieving equality, development, peace, and the fulfillment of women’s and girls’ human rights.

The Impact on Women

1. Beyond physical abuse, women also endure emotional and psychological trauma.
2. Family members often perpetrate violence against women. It takes immense courage for a woman to stand against her own family.
3. Even with the provision of education and opportunities, women are still viewed as the weaker sex.
   • True equality between the sexes seems like a distant dream in the current scenario.
4. Violence against women often originates from home.
   • The domestic setting and the inter-generational effect contribute significantly to violence against women.
   • Women are often subjected to mental abuse and depression due to societal expectations that they should devote themselves entirely to their families.
     • Influences like social media and movies often portray women inaccurately, leading to misconceptions among the younger generation.
     • For instance, persistent advances towards women may be portrayed as romantic in movies, but in reality, it is considered stalking and is punishable under the Criminal Amendment Act of 2013.
5. Everyone in society, including individuals and activists, must contribute to finding solutions and curbing this issue.

Concerns

1. The rate of crime and violence against women is increasing, as evidenced by the growing number of reported cases.
2. The sex ratio reflects the violence perpetrated against female fetuses.
3. According to a report by the World Health Organization (WHO), one in every three women and girls experience physical or sexual violence in their lifetime, most frequently by an intimate partner.
4. Sexual violence, often gender-motivated, is a type of social violence with a societal impact. Other forms of violence against women include domestic violence or dowry harassment, which are still prevalent in Indian society.
   • Rape, one of the significant social problems, leads to physical, mental, and emotional distress for victims and other traumas that negatively impact their lives.
5. The National Crime Records Bureau (NCRB) report of 2017 indicated a 6 percent increase in crimes against women. 94 percent of the rapes were registered under ‘Cruelty by Husband or Relatives.’ However, marital rape is not recognized as a crime in India.
6. Women continue to face sexual harassment at the workplace, which is illegal under the Equal Opportunity Act.
   • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act , 2013, aims to protect women from sexual harassment at their place of work.
7. For every rape reported, several go unreported due to unchanged patriarchal mindsets, despite constitutional safeguards and positive affirmations.

Justice System Delays

• Justice delayed is justice denied. The majority of crimes against women take a long time to be resolved due to a shortage of judges. The justice system often fails women, leading to a reluctance to report complaints.

Women often get tired of waiting for justice and give up.

• 1. The delay in delivering justice often emboldens men, fostering a sense of impunity.
  2. For example, in the infamous NIRBHAYA case, a fast-track trial court sentenced four men to death in September 2013, while the only juvenile accused was released after spending time in a remand home. The Supreme Court dismissed their appeals against conviction in 2017; two years on, the convicts have filed curative petitions in the court, and one has already written to the President of India for clemency.

• The fundamental presumption is “Innocent until proven guilty.” Every citizen should be given a chance to prove their innocence.

• The goal is to establish equality, which means both sides must be thoroughly analyzed before pronouncing judgment to ensure the system is foolproof.

Steps Taken and Awareness Initiatives

1. One of the most successful campaigns of the Prime Minister is the “Beti Padhao and Beti Bachao Campaign.”
   • The campaign has made a significant impact, as seen in the substantial improvement in the sex ratio in Haryana over the past 6-7 years.
2. National Commission for Women (NCW) has initiated several measures for gender sensitization of the police, students, and stakeholders to help them become more empathetic.
   • NCW is also conducting various capacity-building programs for police in collaboration with the Bureau of Police Research and Development to enhance the techniques used in sexual assault cases.
     • The police need to be sensitized as most women complain of police apathy.
   • A program has been initiated for the gender sensitization and legal awareness of school students to help them understand such grave issues at a young age.
   • Legal awareness programs with stakeholders are also being conducted by the NCW, wherein they are taught about the legal rights of women.

Legal Rights and Laws

India has enacted specific laws to address violence against women.

• For instance, the Domestic Violence Act, the Protection of Children from Sexual Offences (POCSO Act), and the POSH Act (for the protection of women from sexual offenses at the workplace) are some of the laws aimed at curbing violence against women.

• • While stringent laws exist, their implementation by law enforcement agencies is often biased.
    • Post-NIRBHAYA A major amendment has been introduced in the criminal law in 2013 which mandates that any police officer must register a complaint as soon as a woman brings an issue to their notice.
      • This is known as “zero FIR,” as seen in the Asaram case.
      • A zero FIR can be filed irrespective of the jurisdiction.
    • Fast Track Courts to deal with Rape Cases Fast Track Courts have been established to expedite the trial process, ensuring victims receive justice swiftly.

• Nirbhaya Fund: The Nirbhaya Fund is a Rs.10 billion corpus announced by the Government of India in its 2013 Union Budget. This fund is expected to support initiatives by the government and NGOs working towards protecting the dignity and ensuring the safety of women in India.

Challenges

1. There is a lack of counselors in rural areas where a large number of crimes are reported. Victims and their families need counseling to properly handle the situation. Measures must be taken to ensure the mental and emotional stability of the victim.
   • Counselors should be present in police stations, especially in the cells dealing with violence against women, as is the case in Delhi Police Stations.
   • However, these counselors must be aware of potential threats and harassment they might face in their line of work.
2. The change should not be limited to law enforcement agencies but should permeate society as well. The issue of violence against women requires collective effort, and everyone, regardless of their gender or role, should take responsibility.
   • People in public services themselves often have skewed views about equity.
   • Unless there is mutual respect and equity among the sexes, the number of cases reported might increase, but violence against women will not decrease.

Way Forward

1. Gender sensitization will help prevent violence against women in the long run as both long-term and short-term solutions are required.
   • The change will not come with just written laws but from a change in the way people think.
   • While providing justice to women, the justice system must not be unjust to men. Therefore, the decision should be made only after a detailed analysis of the case.
   • The issue also needs to be discussed more frequently and not kept hidden in shadows as prevention is the best cure.
2. Social pressure on people to conform: Families are still very close-knit.
   • The education of children should extend to society, regardless of income, city, or suburb, to have some effect on the continuing violence against women.
   • Girls should be educated about good touch and bad touch as early as possible so that they are equipped to understand this sensitive issue. Self-defense classes should be introduced in schools to enable students to be aware of the dangers they may encounter.
   • Society has to realize and understand that a woman's responsibility isn't confined or limited to just being a good wife.
   • The pressure on law enforcement agencies to show records of falling crimes pushes them to not file FIRs. Thus, the police shouldn’t be kept under pressure.
3. Spread Awareness: People need to be educated about zero FIR, as most women and men are ignorant of the legal rights of women.
4. The law enforcement agencies need to be more empathetic. Most women report the police to be apathetic when they go to report issues of violence.
5. Equal Responsibility: The government and society as a whole have a significant responsibility in taking measures towards the prevention of violence on women.
   • No one person can be held accountable.
   • It requires the combined efforts of every citizen, every family, and the government to prevent such crimes from happening in the future.
   • The government and laws cannot change society. Society has to change by itself. The efforts align very much with the Gandhian philosophy of being the change one wants to see.

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