Crimes Against Women, Law applicable and Punishments
Crimes Against Women, Law applicable and Punishments
Defining violence against women :
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Crime has no gender and
crime against anybody is equally charged by the law. Crime against women is not
a new topic to have discussion because the crime against women is centuries
old concept and its preventive measures are still being used to lower its
occurrence. Legality and morality of this particular topic is very much
debatable and there are many theories and data has been published to deal with
these crimes specifically for particular gender. Crime is crime but crimes
against women are very vast concept and there are plenty of violence include in
that.
The violence against
women defined as the multitude of the crimes like murders, sexual offences,
human trafficking, female infanticide, obscenity, kidnapping and abduction,
Perpetuation etc. crime which harms any
women physically, sexually and psychologically and coercion of liberty and
freedom of life or violets the right of life and liberty of constitution
article 21 considered as the crime or violence against women and the accused of
these crimes will be held liable according to the law according to the nature
of the crime which may concern. According to the recent report of the NCBI the
crime rate against women has been increased so drastically that 10% to 60%
woman of India has been assaulted physically or mentally from the age group of
15-45 every year and it include sexual harassment at workplace of the women.
The term gender based violence has been defined as “acts or threats of act
intended to hurt or make women physically, sexually and psychologically or
affect women or Dis- proportionally affect women”.
· A framework for understanding the violence against women :-
A typology on the
violence presented in the world report on the violence and health divides
violence into three broad categories according to which who commits the violent
acts : self directed violence,
interpersonal and collective violence. It further captures nature of the
violence acts that can be physical, sexual and psychological, including
deprivation and neglect.
The categorization of
the act of violence into three forms which are physical, sexual and
psychological including deprivation and neglect can be further explains as
below:-
1. Physical violence
Physical violence exercise through physical acts
aggressively such as biting, kicking, slapping, beating, or even strangling.
Intentionally infected injuries results the women hurt grievously or in some
cases they die as well. Physical violence considered as intentional hurt. Finding from a number of studies from
the various parts of the world shows that between 3% and 52% of the women
reported physical violence in this previous year. These data is enough for the comparison
of the physical violence with other violence.
2. Sexual violence
Sexual violence include forced sex or
physical intimidation without the consent of the women and forced participation
in degrading sexual acts as well as acts such as denial of the right to use the
contraceptive measure to control unwanted pregnancies and other sexually
transmitted diseases.
3. Psychological violence
Psychological, mental or emotional
violence describes acts such as preventing women from seeing family and friends
ongoing belittlement or humiliation, economic restrictions, violence or threats
against cherished objects and other forms of objects of controlling behaviors.
It is most rigid and complex type of violence which only expands further as deep
as we do study on it. It left the long term effect on women into the form of
depression and anxiety. From the study of Africa such acts as bringing home
girlfriends, being locked out of the home and refusing sex can be considered as
psychological violence.
· Interpersonal violence
Interpersonal violence
can be defined as violence against young girls, adolescents or women of
reproductive age exercised by respective family members which can father/
brother/husband or any blood relative male of that family.
I. Child abuse and neglect ;
II. Gender based abuse of infants and female
children;
III. Female genital mutilation.
Types of crimes against women according to Indian Penal Code
1. Rape ( section
375,376,376-A,376-B,376-C,376D)
2. Kidnapping & Abduction for
specified purposes ( section 359/360)
3. Homicide for Dowry Death or their
attempts (section 302/304 B )
4. Torture –both mental and physical (
section 498-A)
5. Molestation( section 354)
6. Obscenity (section 292/294)
7. Sexual harassment (section 509)
8. Importation of girls upto 21 years
of age (section 366B)
9. Honor killings
10. Acid throwing
The detailed
explanation of these crimes according to Indian penal code is below :
1. Rape (sec 375,376- A,B,C,D)
According to IPC “A man is said to commit ‘rape’ who , is except in the case hereinafter
, has sexual intercourse with a woman under circumstances falling under any of
the six following descriptions :-
I. (first)
- against her will
II. (secondly)-
without her consent
III. (Thirdly)
-
with her consent, when her consent has been obtained by putting her or any
person in whom she is interested in fear of death or of hurt .
IV. (fourthly)
–
with her consent , when the man is not her husband, and that her consent is
given because she believes that he is another man to whom she is believes
herself to be lawfully married.
V.
(fifthly)
–
with her consent, when, at time of giving consent by reason of unsoundness of
mind or intoxication or the administration by him personally or through another
of any stupefying or wholesome substance, she is unable to understand the
nature and consequences of that to which
she gives her consent.
VI. (sixthly)
–
with or without her consent, when she is under sixteen years of age. Explanation – penetration is sufficient to constitute the sexual intercourse
necessary to the offence of rape.
Exception – sexual intercourse of a man with his own wife, the wife not being under the age of fifteen years of age, is not rape.
There are myths about
rape – to have sex against one’s will – which are based on stereotypes about
what is appropriate sexual behavior for men and women. For example, most people
associate rape with a violent attack by stranger, but rape is often perpetrated
by someone known to the victim. There is also an assumption that rape leaves
obvious signs of injury, which is often not the case. Only one third of the
rape victims sustain visible physical injuries. Rape is the most common and
often not registered crime in the world. Most of the rape victims never tried
to get justice because shame or societal pressure of humiliation.
2. Kidnapping & Abduction for specified purposes( sec 359/360)
kidnapping is taking away of a person by force, threat, or deceit, with intent to cause him or her to detained against his or her will, kidnapping may be done for ransom or political or other purposes. Abduction is the criminal act of taking away a person persuasion, fraud or by open force or violence. India has substantial legislation dealing with kidnapping and abduction like the IPC section (359 to 377), immoral traffic (prevention) act, 1956 and Bombay prevention of begging act, 1959.Some of the most important laws are:
Section 359 IPC : kidnapping,
kidnapping is of two kinds : kidnapping from 1 [India] and kidnapping from
unlawful guardianship.
Section 360 IPC : kidnapping
from India; whoever conveys any person beyond the limits of 1*[India] without
the consent of that person or of some legally authorized to consent on behalf
of that person, is said to kidnap that person .
Section 361 IPC : kidnapping
from unlawful guardianship ; whoever takes or entices any minor under sixteen
years of age of a male, or under eighteen years of age if female , or any person of unsound mind, out
of keeping of the lawful guardian of
such minor or person of unsound mind, without the consent of such guardian,
issaid to kidnap such minor person from the unlawful guardianship.
Section 362 IPC : abduction
; whoever by force compels, or by any deceitful means induces any person to go
from place , is said to abduct that person.
The recent spate of crimes against women has
also triggered a sharper analysis of historical data, particularly in the
public domain. And the numbers, reportedas they are, continue to surprise.
Data
released by National crime Record bureau of India (NCRB), this week show a 69%
decadal (over the decade) jump in the crimes against women. The number of
kidnappings and abductions of women and girls have jumped a whopping 163.8%
since 2002.
3. Homicide for Dowry Death or their attempts ( sec 302/304 B IPC) :
In India it may thus be seen that traditionally marriage has been a sacramental institution. It continues to be so even at present. However over the period of time, dowry emerged as a social evil, leading to increasing number of death of innocent brides. This trend assumed alarming proportions and dimensions, which led the legislature to ponder over the issue and devise means to curb the menace of dowry deaths. Where the cases of bride deaths squarely meet the requirements of the offense of murder or any other offense under the penal code, guilty persons can be proceeded against accordingly. The offence of the dowry death as provided in section 304-B is not the same offence as murder in terms of section 302A. over the years , dowry has grown as deep-rooted social evil. It has become bane for our society. It is the cause of atrocity on women and many uncomfortable deaths of young ladies .it is an offense heinous , brutal and barbaric. The Hon’ble supreme court in Kamlesh Panjiyar v. State of Bihar,(2005)2S.C.C.388 has made the observation : “Marriage are made in heaven , is an adage. A bride leaves the parental home for matrimonial home leaving behind sweet memories therewith a hope that she will see a new world full of love on the groom’s house. She leaves behind not only her memories, but also her surname, gotra and maidenhood. She expects not only to be daughter in law, but a daughter in fact. Alas! The alarming rise in the number of cases involving harassment to the newly wed girl for dowry shatters the dreams. In-laws are characterized to be outlaws for perpetrating terrorism which destroys the matrimonial home. The terrorist is dowry, and it is spreading tentacles in every possible direction”.4. Torture- mental or physical both :
Torture can be done in two ways. It can be mental or physical and in the cases against women it is related to many offences as likely it can be done in the form of cruelty, in domestic violence, rape, etc. Torture is the kind of offense which is very basic stage of any heinous offense which is charged under the Penal code. There is no clear definition of torture in the penal code but it’s much likely to be explained with the section 498-A which explains the cruelty which Is similar in nature because it can also be divided into two ways – physical or mental : physical means bodily injury done by any person or partner of the women and mental refers to the psychologically torturing the women by various acts or abusive usage of language against her by any person or the partner of the women.5. Molestation (354) :
Any person who assaults a women or uses criminal force on any woman with the intention to outrage the modesty is guilty of an offense under section 354 of the Indian Penal Code. He may also do so with the knowledge that by doing so he would be outraging the modesty of the women. Any person who utters any word or makes any sound or gesture or exhibits any object with intention that it will be seen or heard by such women or will intrude up on her privacy is guilty of insulting her modesty of that woman.
Assault
or using the criminal force is an offense under section 354 of The Indian penal
code while insulting the modesty by using words and gestures is the offense
under section 502 of the Indian penal code.
Examples of insulting the modesty of the woman are:
·
Writing the letters using vulgar
language.
·
Making vulgar gestures
·
Displaying vulgar figures
·
Singing songs with vulgar lyrics
·
Entering in the woman’s house and making vulgar gestures
·
Exhibiting her nude body
The offence is
punishable up to 2 years imprisonment
or fine or both. And the offense under section 502 is punishable up to 1 year
or fine or both.
Molestation is very
common type of violence against women and 8 out of 10 women faces molestation
in their day today life whether be it in workplaces or public places or home.
Very less numbers of women confront that they feel unsafe or felt molested
during their day to day life. Although the laws are there to prevent this crime
but it’s rate of occurrence is very high and small gestures and words leads to
the ignorance by many women out there.
6. Obscenity (292/294)
On ‘obscenity’, section 292 to 294 of the Indian penal code, 1860, deal with the sale or exhibition of obscene books and objects, as well as obscene acts or songs in public places, which causes annoyance aforesaid sections. Courts in various judgments have elaborated on the concept of obscenity, and what types of situation may involve obscenity.
Section 292 of the
Indian penal code, 1860, reads as:-
Obscenity is the type
of offence which is more related to the crimes against women like obscene
category of any crime which shows the prurient interest in any action, gesture
or in any display of behavior of a man or his work, or any inappropriate sexual
display of work, in literary or political work. Obscenity can of anything and
mostly in the cases related to women are of commonly found to be of sexual and
cruel.
7. Sexual harassment (section 509)
Word gesture, or act intended to insult the modesty of a women – whoever, intending to the modesty of the women ,utters any word, makes any sound or gesture, or exhibits any object, intending such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or fine or both.
The sexual Harassment
at the workplace (Prevention, Prohibition and Redressal) act 2013:
a)
Physical contact and advances (So, you
can’t touch someone inappropriately and think I am innocent because, you know,
I didn’t rape).
b)
A demand or request for sexual favours.
c)
Making sexually coloured remarks (So, no
sexiest jokes and misogynist humour).
d)
Showing pornography
e)
Any other unwelcome physical, verbal or
non verbal conduct of sexual nature.
Sexual
harassment can occur in the workplace or learning environment, like a school or
university. It can happen in many different scenarios, including after- hours
conversations, exchanges in the hallways, and non-office settings of employees
or peers.
Sexual
Harassment may cause some serious women to face emotional, physical, or mental
health concerns like anger, fear, humiliation, shame, guilt, betrayal,
violation, powerlessness and loss of control.
8. Importation of girls upto 21 years of age(366B)
Whoever imports India from any country outside India any girl under the age of twenty- one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
Importation
of girls has become a serious crime in India which leads to serious crimes like
human trafficking of the girls and forceful prostitution.
9. Honor killings
Most honor killings occur in countries where the concept of women as a vessel of the family reputation predominates, said Marsha freemen, director of International women’s Rights Action Watch at the Hubert Humphrey Institute of Public Affairs at the university of Minnesota.
Hundreds,
if not thousands, of women are murdered by their families each year in the name
of “honor”. It’s difficult to get
precise numbers on the phenomenon of honor killings; the murders go unreported,
the perpetrators unpunished, and the concept of the family honor justifies the
act in the eyes of some societies.
10. Acid throwing
India has made international headlines for horrific rape cases in recent years, but acid attacks are common, too, although they receive less attention. There are 250-300 acid attacks reported in India every year, despite laws restricting the sale of acid or other deadly chemicals, according to stop acid attacks, a non-profit group. Awareness regarding acid attacks are increasing as now every women in India is trying their best to deal with crime and now Bollywood also making movies for the awareness and sincerity of this crime by making movies on the lifestyle of the acid attack survivors like the recent movie on the lifestyle of acid attack survivor Laxmi Agarwal who is the most strongest women who fought against this heinous crime.Conclusion:
Violence
against women is a serious violation of women’s human rights and of direct
concern to the public health sector because of the significant contributions
that public health workers could do if properly trained, as they are placed
close to the victims, and possibly well acquainted with the community and its
inhabitants. Thus, local health services and communities could play a central
part in raising awareness among the public to prevent this violence. To openly
debate this subject is a way to reduce society’s tolerance towards violence
against women.
There is still limited knowledge about what interventions
are most effective for the prevention of gender based violence, however
documentation and evaluation are key elements in building this knowledge and clear definitions are an important
element in this.
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