INDIAN WOMEN AND CRIMES

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INTRODUCTION

Crime against women is a part of daily newspapers like rape with child, trafficking, kidnapping, sexual harassment at workplace, schools, colleges, and even in families. Moreover, there are many unreported crimes which do not come in news but women have to face them in routine life, like domestic violence against her in-laws, cruelty by husband and his relatives, discrimination on the ground of gender in the area of education, health, employment, microfinance, women in politics, violence against women in family, dowry death, etc. These issues have always been contemporary issues of law from the very middle era. Although there are large number of laws today for prevention of such crimes, but why these crimes are not being prevented even after being so much laws in the country. This is a subject of analysis that why women have to face injustice even after availability of so much laws and she is unable to use these laws and get justice. The crime against women can be innumerated as below :

Sexual Harassment :

‘Sexual harassment, generally speaking, is aggressive, harmful, and unpleasant action that has a sexual overtone. The victim is put in a hostile, humiliating, or intimidating environment. The number of acts that make up a harassment incident is irrelevant; it could be one or several. There are many different actions and behaviours that might not quite fit the definition given above, yet they nevertheless might qualify as sexual harassment. The following are only a few examples of this activity, any of which could be considered sexual harassment:

Sexual remarks or actions motivated by sexual desire, for example.
leering, gesturing, or looking at another person’s body in a sexual manner
Putting up sexually explicit images such pinups, cartoons, graffiti, computer programmes, and sexually explicit catalogues
Describing to a female employee how she dresses.
Requesting to have supper with her multiple times at odd hours of the night when she is uncomfortable
Making generalisations when presenting a lecture on advertising, such as saying that women make the finest product models, that a car’s body should be sleek and seductive like a lady, thus it must be pleasant to the touch, and so on.
Any other sexually explicit language or body language.

The idea that sexual harassment always involves physical sexual contact at any time, place, and in any situation is a common fallacy. Additionally, it’s possible that not all sexual relationships require obvious evidence. Sexual harassment is a kind of activity that includes both physical and psychological acts. It could be subtly expressed through verbal innuendos and inappropriate in the situation affectionate gestures.

The threat affects women of all ages and socioeconomic classes. Younger and more recent professionals, particularly those working in the private sector, are just as vulnerable as women who are close to retiring. Divorced women and even widows who are hired on a compassionate basis are not exempt. The crux of the issue is that a sizable portion of the population must put up with such sexual gestures and remarks for no reason of their own.[1]

Gender discrimination :

Discrimination against girls and women in the poor countries is a terrible reality, according to gender experts. It causes millions of individual tragedies, adding up to wasted economic potential as a whole. The way a nation views women directly affects how far it advances socially and economically. The status of women is crucial to a society’s wellbeing. The whole suffers if one component does.

Tragically, female children are the most helpless in the face of discrimination based on gender. The challenges listed below provide as vivid illustrations of what women worldwide must overcome. But today’s most promising source of change for women in the underdeveloped countries is the new generation of girls.

Dowry at the time of marriage :

When a girl is born, poor families in developing nations experience considerable upheaval, which is known as the “dowry at the time of marriage.” A child strains a family’s resources when there is merely enough food for survival. However, the financial burden of having a daughter feels even worse, especially in areas where dowry is customary. Originally intended to cover wedding costs, dowries have come to be understood as compensation for the groom’s family bearing the burden of another lady. For poor families, the practise of dowry makes the idea of having a girl even more repulsive. Additionally, it endangered young ladies. According to UNICEF, over 5,000 Indian women are slain in such events every year.

Neglect of the girl child:

From the moment a girl kid is born, abuse is evident. According to statistics, the neglect doesn’t end as they get older. Young females generally receive less nourishment, medical attention, and vaccines than boys do.

Infanticide:

In difficult circumstances, parents decide horribly to take the life of their infant daughter. Not only is there poverty, but there is also a preference for boys from religious backgrounds. A daughter is never thought of as a liability. In India, gender-specific abortions are more common than infanticides.

Abuses in the home:

After early childhood, girls are constantly threatened with physical violence. Every civilization exposes women to various forms of abuse, but the threat is greater for girls and women who live in cultures where women’s rights are essentially nonexistent. Lacking their own rights, mothers have little to shield their daughters—much less themselves—from relatives and other adults in positions of power. Rape and other violent crimes against women are on the rise, which is concerning.

Household Work

While attending school might be an option for a few years, most girls are taken out of it by the time they are nine or ten years old because they are capable of working all day at home. According to a UNICEF research, nine million more girls than boys miss school each year.

Women’s Education

The standing of women in society is significantly influenced by their level of education. The average level of human capital is lowered as a result of gender imbalance in education, which has a direct impact on economic growth. Additionally, the effect of gender inequality on investment and population growth has an indirect impact on growth. The position and expansion of education in society reflect social and economic change.

Women’s health

Discrimination between the sexes within the family and in society is manifested not only in women’s declining physical health but also in their mental suffering. The anatomy of a woman’s body is such that it constantly alters its physical appearance, causes mental tension, and takes on various forms. Almost all adolescent girls have psycho-somatic problems and mental stress as a result of the physical changes that occur to women’s bodies during puberty, the beginning of menstruation, and subsequent hormonal shifts. The hormonal changes that occur during menopause can cause anger, mood swings, and melancholy in women.

Violence in the community

This sort of violence includes all forms of domestic and occupational violence. These categories of abuse and violence against women exist:

violent assault, including threats of physical assault The most widely recognised kind of abuse is striking with fists or weapons, whether or not there is bodily harm. According to the criminal law, physical violence in any form is illegal.
Sexual violence includes any forms of forced or uninvited touching or behaviour, including rape. According to the Criminal Code, sexual violence comes in many forms. According to three levels of severity, there are many criminal crimes that fall under the umbrella term “sexual assault,” ranging from unwelcome sexual contact to sexual violence including weapons. The phrase “sexual offence” is used to describe the three levels of sexual activity as well as other sexual offences that are primarily intended to safeguard children.
Extreme jealousy, insults, humiliation, verbal scolding, and put-downs are examples of psychological or emotional abuse. Although they do not constitute crimes under the criminal law, they are frequently utilised successfully to manage and regulate personal relationships. It also includes endangering animals and causing property damage, both of which are against the law.
Financial abuse, also known as economic abuse or material exploitation, include limiting access to family resources, passing on job opportunities, or seizing pay checks. Financial abuse is not a crime according to the Criminal code unless there is theft, fraud, or some other type of compulsion utilised.
Spousal abuse includes same-sex spousal partnerships as well as existing or prior marriages, common-law relationships, and acts of physical, sexual, psychological, or financial abuse. Violence committed by a current or former dating partner is included in the broader category of intimate partner abuse, along with violence committed by the spouse.
Physical, sexual, and verbal threats of violence are all included in the Criminal Code’s definition of spousal assault.

Spousal homicide, which encompasses first- and second-degree murder as well as manslaughter, is the death of a spouse or common-law partner.

Criminal stalking and harassment are both forms of obsessional activity. It may involve ongoing, hostile, and unwelcome surveillance as well as privacy violation that poses a constant risk to the victim’s personal safety. Criminal harassment is a crime according to the law.

According to the Criminal Code, trafficking in individuals is illegal. Trafficking is the act of recruiting, moving, or holding someone against their will in order to use or exploit them for the sex trade or forced labour. Most victims of transitional trafficking are used for commercial sexual exploitation.[2]

Laws relating to crime against women and efforts by government

Especially the condition of women with regards to criminal justice is poor in our country. There are a number of laws in our country to provide justice to women like Female Infanticide Prevention Act, Dowry Prohibition Act, Domestic Violence Act, Protection of Children from Sexual Offences Act, Child Marriage Act, Section 376 of IPC, Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act, etc.
“The Protection of Children from Sexual Offences Act, 2012 has been passed in June 2012 and came into force with effect from 14th November 2012. The major amendment in sexual offences under IPC has taken place with effect from 3rd February, 2013 by the Criminal Law Amendment Act, 2013. The existing law pertaining to sexual crimes can further be divided into three categories (i)penetrative sexual assault, (ii)sexual assault for sexual intended act and (iii)sexual intended behaviour to insult womanhood.
Firstly, penetrative sexual assault includes rape under section 376 of IPC with aggravated forms of rape under section 376A, gangrape under section 376D and repetition of rape or gangrape under section 376E. Illegal sexual intercourse does not amount to rape but is also punishable under section 376B and section 376C. Besides, penetrative sexual assault of a child is punishable under Section 4 of the Protection Of Children From Sexual Offences Act, 2012 and aggravated penetrative sexual assault is punishable under section 6 of the said act. Secondary sexual assault on sexual intended act is punishable as assault or use of criminal force to woman with intent to outrage the modesty (molestation) under section 354, sexual harassment under section 354A, disrobing under section 354B, voyeurism under section 354C and stalking a woman under section 354D of IPC. When the victim is a child below 18 years, the sexual assault is punishable under sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and aggravated sexual assault is punishable under section 10 of the said act. Thirdly sexual intended behaviour to insult womenhood is punishable under section 509 of IPC where speaking of word, gesture or act is intended to insult the modesty of a woman (eve teasing). We have special statutory provisions too to protect the dignity of women against sexual acts, i.e., offences under the indecent representation of women (prohibition) Act 1986 and publishing or transmitting of obscene and sexually explicit material in electronic forms under sections 67, 67A, 67B of Information Technology Act, 2000.
Irrespective of offences under section 493 to 498 of IPC relating to mock marriage, bigamy, adultery, criminal elopement with wife of other, maximum number of offences are committed under Section 498A of IPC i.e. cruelty by husband and his relatives. Abetment to suicide under section 306, dowry death under section 304B of IPC and offences under the Dowry Prohibition Act, 1961 are also offences against the Institution of marriage.
Kidnapping and trafficking of women irrespective of general kidnapping or abduction, procuring of minor girl, below the age of 21 years, for commercial exploitation is special offence under section 366A or import of a girl from foreign country is also a special offence under section 366B. Besides, selling or purchasing of a girl for the purpose of prostitution is an offence under section 372 and 373 of IPC. The Criminal Law Amendment Act, 2013 has substituted section 370 of IPC and introduced section 370A to curb the offence of human trafficking with a wider meaning of human trafficking including trafficking of a person for the purpose of prostitution or other forms of sexual exploitation. We also have specialization i.e. The Immoral Traffic Prevention Act, 1956 to curb the trafficking of a woman for the purpose of Immoral sex.”[3]

Crimes relating to institution of marriage include mock marriage, bigamy, concealment of former marriage, dishonest or fraudulent marriage, adultery, criminal elopement, hiding of HIV positive status by either party at the time of marriage, cruelty to woman by her husband and relatives, demanding of dowry, dowry death, etc. Mock marriage means to cause a woman to believe that she is lawfully married to a man and having sexual intercourse with her under that belief where she is not actually lawfully married to him. For this, Section 493 of IPC provides for imprisonment for upto 10 years and fine. Bigamy means doing second marriage by a man already having a wife who is alive and is punishable with imprisonment for upto 7 years and fine u/s 494 of IPC, subject to some conditions. Concealment of former marriage is punishable with imprisonment for upto 10 years and fine u/s 495 of IPC. When a marriage is done under a ceremony knowing that it will not be a lawful marriage, then it is punishable with imprisonment for upto 7 years and fine u/s 496 of IPC. Adultery, i.e., sexual intercourse of a man with wife of another without his consent, not amounting to rape, is punishable u/s 497 of IPC with imprisonment for upto 5 years or fine or both. Cruelty by husband and his relatives is punishable with imprisonment for upto 3 years and fine u/s 498A of IPC. Also, a separate act Prevention of Dowry Act, 1961 is there to prevent giving and taking of dowry and its adverse effects on women. Tripple Talaq is not less than a crime. This is related to muslim society. Just by saying words in front of wife, or even on phone or written or electronic mode, husband can easily give divorse to his wife. This adversely affects the interests on muslim women. However, the government has come with The Muslim Women (Protection of Rights on Marriage) Bill, 2018 to save muslim ladies from Tripple Talaq, which has been passed by Lok Sabha.
Further women are not treated equal to men in the society. Even after modernization of society, the overall position of women in society is miserable. Even when women are holding highest positions on one side, there are still large number of people who don’t want birth of a female child in their home. So, there are a large number of cases of female foeticide and female infanticide. To curb this, government has passed The Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2002. Still a large number of cases are reported every year where diagnostic centres are declaring the sex of the child before birth, just for their selfish interests. They charge heavy fees for this illegal action of declaring sex before birth. Not only this, recently a case was reported where a diagnostic centre was declaring every child to be female to such parents who wanted to know the sex before birth, even some were male out of them, but they declared all to be female and earned money for their abortion also. There are a large number of orthodox families who still have preference of male child over female child. The female child is subjected to malnutrition, illiteracy and poor health in such families. Child marriage is also a grave issue. A girl married at age of a child, gets deprived of enjoying her childhood, her education, her growth and development. When such a girl gives birth to a child, it is very harmful to her body and also the body of the newly born baby. To curb such practices, government has passed Prohibition of Child Marriage Act, 2006.
Some other acts have been passed by the government to safeguard the interest of women. These include The Immoral Traffic (Prevention) Act, 1956, The Indecent Representation of Women (Prohibition) Act, 1986, Protection of Women from Domestic Violence Act, 2005, The Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013, The Criminal Law (Amendment) Act, 2013 and various other laws.
Thus we see that there are a large number of legal provisions to protect women in India. But these laws are neither properly implemented not strictly followed, due to which, the condition of women is to poor and they are facing various crimes like cruelty, dowry, domestic violence, rape, crimes relating to Institution of marriage, kidnapping and trafficking, sexual harassment, adultery, eve teasing, child marriage, physical and mental torture, acid attack, honour killing, female foeticide and various other crimes.

There are various reasons why women are still unable to get justice. The reasons to include, lack of knowledge and awareness, fear of society, influence of family members, patriarchy system in family, illiteracy and various other reasons. Women feel themselves unable to fight for their rights due to physical, mental and financial weaknesses. “The trend of reported crimes against women is shocking the nation. The government report of 2007 has revealed the fact that half of the cases are not reported to the authorities. The trend reveals that crimes against women are constantly increasing since 2003. It is observed that the police is not reporting some of the cases to show fewer crimes on the record, or are counseling for compromise or settlement or just letting it go. In some of the cases, experience of women while complaining to the police is very bitter.”[4]
Further the Judiciary System is quite complicated in your country and further weak especially regarding cases related to crimes against women. “The backlog of cases reported as crimes against women are pending 6 times more than the courts are completing work in a year and it increases in compounding manner. Second issue is the composition and withdrawal of the cases from the court. Only few cases had been withdrawn from the list and the maximum of them are compounded with or without permission of the court.”[5]
The government is doing much efforts for women empowerment, still the efforts are not much fruitful. Therefore some more efforts are needed. There is a need of creating awareness in women for their rights and the laws available to protect their rights. Firstly, the Judiciary should be made easily approachable to women. Special Courts can be set up where only ladies can file suits. Awareness programs should be started by the government where ladies can be provided knowledge of the rights and related laws and can be motivated not to accept injustice. The courses of school education can also be modified to provide knowledge in this regard. Justice delayed is justice denied, therefore, a maximum time may be fixed for deciding cases related to women. Awareness can also be created by television and newspaper advertisements. It is only when the women get justice, then we can expect a better future of not only the women but of the whole country.

[1] Ritu Gupta : Sexual Harrasment at Workplace (Bharat Law House)

[2] Dr. Sandhya Ram Das : Gender Dynamics in India

[3] Law and Social Transformation in India, 2014 Malik & Rawal P. 110-113.
[4] Law and Social Transformation in India, 2014 Malik & Rawal P. 113.
[5] Law and Social Transformation in India, 2014 Malik & Rawal P. 116.