index

SL.NO TOPIC PAGE.NO.

1 Introduction 3

2 Content 5

2.1 WHO's typology table-Throughout 8

the life cycle
2.2 Violence against women in india 9

2.3 Sex-selective abortion 10

2.4 Female infanticide 15

2.5 Child marriage 17

2.6 Female genital mutilation 20

2.7 Sexual harassment 22

2.8 Domestic violence 25

2.9 Rape 27

2.10 Criminal Law (Amendment) Act, 2013 30

2.11 Possible reforms 31

3 Conclusion 35

4 Reference 36

INTRODUCTION
 3

The term “gender-based violence” refers to violence that targets individuals or groups on the basis
of their gender. In 1992, the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW- adopted in 1979,by the United Nations General Assembly), clarified that gender-
based violence against women constitutes a form of discrimination and is therefore covered by the
Convention. In its General Recommendation No. 19 on violence against women (GR 19), the
Committee defines gender-based violence (GBV) as follows:
CEDAW’ definition of GBV (GR 19):
Gender-Based Violence is defined as
“violence that is directed against a woman because she is a woman or that affects women
disproportionately”, thereby underlining that violence against women is not something occurring to
women randomly, but rather an issue affecting them because of their gender.

GBV includes “acts that inflict physical, mental or sexual harm or suffering, threats of such acts,
coercion and other deprivations of liberty.”

GR 19 also specifies that GBV may constitute a violation of women’s human rights, such as the right
to life, the right to equal protection under the law; the right to equality in the family; or the right to
the highest standard attainable of physical and mental health1.
The UN Declaration on the Elimination of Violence Against Women states that: "violence against
women is a manifestation of historically unequal power relations between men and women" and
that "violence against women is one of the crucial social mechanisms by which women are forced
into a subordinate position compared with men."2

Kofi Annan, Secretary-General of the United Nations, declared in a 2006 report posted on the
United Nations Development Fund for Women (UNIFEM) website that:
" Violence against women and girls is a problem of pandemic proportions. At least one out of every
three women around the world has been beaten, coerced into sex, or otherwise abused in her
lifetime with the abuser usually someone known to her".3
So, around the world, as many as one in every three women has been beaten, coerced into sex, or
abused in some other way - most often by someone she knows, including by her husband or
another male family member; one woman in four has been abused during pregnancy.

1
Source: CEDAW General Recommendation No. 19 on VAW, 1992
2
http:/ / www. un-documents. net/ a48r104. htm
3
Moradian, Azad. Domestic Violence against Single and Married Women in Iranian Society. (http:/ / en. tolerancy. org/
index. php?option=com_content& view=article& id=176:2009-09-15-08-37-55& catid=43:events-a-reports& Itemid=90)
Tolerancy International. September 2009. Retrieved 16 Nov. 2011
 4

"Violence against women both violates and impairs or nullifies the enjoyment by women of their
human rights and fundamental freedoms... In all societies, to a greater or lesser degree, women and
girls are subjected to physical, sexual and psychological abuse that cuts across lines of income, class
and culture."
—Beijing Declaration and Platform for Action, paragraph 112
Violence against women has been called "the most pervasive yet least recognized human
rights abuse in the world." Accordingly, the Vienna Human Rights Conference and the Fourth World
Conference on Women gave priority to this issue, which jeopardizes women's lives, bodies,
psychological integrity and freedom.
Gender-based violence also serves – by intention or effect – to perpetuate male power and control.
It is sustained by a culture of silence and denial of the seriousness of the health consequences of
abuse.

CONTENT
Decades of advocacy efforts led by the women’s movement and grassroots organizations across all
regions have led to the recognition that violence against women and girls is a manifestation of
systematic gender discrimination and inequality, a violation of human rights and detrimental to
 5

development. The historical developments below highlight the building momentum and increasing
attention to violence against women on international and regional agendas:
● Early 20th century: Trafficking and sexual exploitation identified as a concern
within international conventions.
● 1975-1985: Advocacy during the United Nations Decade of Women leads to increased
prominence of the issue on the international agenda, with an initial focus on domestic
violence, later expanding to cover various forms of violence against women (domestic
violence, trafficking and sexual exploitation, women in detention and during armed conflict),
and their linkages with development, peace and gender equality.
● Resolution on violence in the family adopted at the 1980 Second World Conference of the
United Nations Decade for Women (Copenhagen), calling for programming to end violence
and protect women and children from physical and mental abuse.
● Forward-Looking Strategies from the 1985 Third World Conference of the United Nations
Decade for Women (Nairobi) called for comprehensive national prevention and response
efforts through legislation, policies, support to survivors and public awareness.
● 1979: the Convention on the Elimination of all Forms of Discrimination Against Women or
CEDAW was adopted (entered into force in 1981) and its Optional Protocol (2000). It is a
legally binding instrument that defines discrimination against women, identifies several
forms of such discrimination, and establishes an agenda for national action to end all forms
of discrimination against women. States parties to this international treaty are obligated to
undertake all measures necessary to protect and maintain women’s human rights and end
all forms of discrimination against them (due diligence standard), as well as submit national
reports periodically on measures taken to comply with their treaty obligations. Though the
original Convention did not explicitly mention violence against women and girls, General
Recommendations 12 and 19 clarified that the Convention includes violence against women
and makes detailed recommendations to States parties.
● 1985: General Assembly Resolution on Domestic Violence (A/RES/40/36) adopted.
● 1989: The Convention on the Rights of the Child or CRC was adopted (entered into force in
1990). The Convention is legally binding and obligates States parties to recognize and uphold
children’s basic human rights and protections, without discrimination, including with respect
to abuse - protection from all forms of violence by parents or other caretakers (Article 19),
sexual exploitation (Article 34) and trafficking (Article 35).
● 1993: Coordinated advocacy by women’s movement and governments at the World
Conference on Human Rights led to recognition of violence against women as a human
rights violation and called for the appointment of a Special Rapporteur on violence against
women in the Vienna Declaration and Programme of Action; and contributed to
the Declaration on the Elimination of Violence against Women.
 6

● 1993: The landmark Declaration on the Elimination of Violence against Women (1993) was
adopted, providing a framework for analysis and action at the national and international
levels.
● 1993: The International Criminal Tribunal for the former Yugoslavia was established, which
included prosecution of sexual violence within its mandate and advanced international legal
responses to sexual violence in conflict, such as specific rules of procedure for submitting
evidence in sexual violence cases.
● 1994: The International Criminal Tribunal for Rwanda was established, which included sexual
violence in its statute and made the first conviction of rape as a crime of genocide. The
Criminal Tribunal has also developed a manual on best practices in investigating and
prosecuting sexual violence in conflict.
● 1994: The Special Rapporteur on violence against women, its causes and consequences was
appointed to seek and receive information on violence against women, its causes and
consequences from governments, treaty bodies, specialized agencies, other special
rapporteurs and intergovernmental and non-governmental organizations and recommend
measures, ways and means, at the national, regional and international levels, to eliminate
violence against women and its causes, and to remedy its consequences. The Special
Rapporteur produces both country visit reports and reports on the issue.
● 1994: International Conference on Population and Development resulted in recognition of
the linkages between violence against women and reproductive health and rights, from the
health consequences of domestic violence and harmful practices such as female genital
mutilation/ cutting, to women’s increased risk of HIV and AIDS as a result of violence. The
Program of Action called upon governments to take legal and policy measures to respond
and prevent violence against women and girls.
● 1994: Inter-American Convention on the Prevention, Punishment and Eradication of
Violence against Women (Convention of Belém do Pará) was adopted. It is the first and only
legally binding instrument at the regional level on violence against women.
● 1995: Beijing Platform for Action identified specific areas of action for governments to take
in prevention and response to violence against women and girls. The issue of violence
against women features as a chapter, and one of the twelve areas for priority action, with an
expansive definition of forms of violence.
● 1996: The United Nations Trust Fund in Support of Actions to Eliminate Violence against
Women (UN Trust Fund to End Violence against Women) was established by General
Assembly resolution 50/166 in 1996 as the only multilateral grant-making mechanism that
supports local, national and regional efforts to end violence against women and girls. The
Fund is managed by the United Nations Development Fund for Women (UNIFEM) on behalf
of the UN system.
● 1998: The International Criminal Court (entered into force in 2002) was established, which
prosecutes sexual violence and gender crimes within the context of war crimes, crimes
against humanity and genocide and has established a Gender and Children’s Unit to improve
 7

investigation and prosecution of crimes related to gender inequality, including rape and
other forms of sexual violence perpetrated against women and children.
● 1999: 25th November was designated United Nations International Day for the elimination of
violence against women (which also marked United Nations formally joining the ’16 Days of
Activism against Gender Violence’ proclaimed and commemorated by the international
women’s movement since 1991).
● 2000: Security Council Resolution 1325 was passed, calling for special protective measures
for women and girls in armed conflict and emphasized the responsibility of all States to put
an end to impunity for perpetrators.
● 2002: South Asian Association for Regional Cooperation (SAARC) Convention on Preventing
and Combating Trafficking in Women and Children for Prostitution, a legally binding
instrument was adopted.
● 2003: Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women
in Africa was adopted, with a dedicated article on violence against women (4) in addition to
references throughout the Protocol.
● 2004: The Commission on Human Rights appointed a Special Rapporteur on trafficking in
persons, especially women and children.
● 2006: The Secretary-General’s In-Depth Study on All Forms of Violence against Women was
released, the first comprehensive report on the issue. General Assembly Resolutions have
been adopted bi-annually since on the Intensification of efforts to end violence against
women.
● 2008: The United Nations Secretary-General launches an unprecedented global
campaign, UNiTE to End Violence against Women calling on governments, civil society,
women’s organizations, young people, the private sector, the media and the entire UN
system to: 1) Adopt and enforce national laws to address and punish all forms of violence
against women and girls; 2) Adopt and implement multi-sectoral national action plans; 3)
Strengthen data collection on the prevalence of violence against women and girls; 4)
Increase public awareness and social mobilization; and 5) Address sexual violence in conflict
by 2015.
● 2008: The Security Council adopted the landmark Resolution 1820, the first devoted to
addressing sexual violence in conflict and post-conflict situations.
● 2009: The Security Council adopted Resolution 1888 on the issue of sexual violence in armed
conflict situations, providing concrete actions such as calling for the designation of a special
representative to the Secretary-General on the issue, deploying international legal experts
and women peace advisers to strengthen responses to sexual violence in conflict, and
requesting annual reports on the resolution’s implementation4.

4
For an overview of the Security Council Resolutions, see the power points on 1325 and 1820 and on 1888 developed
by UN Action Against Sexual Violence in Conflict.
 8

● 2009: The Security Council adopted Resolution 1889, which aims to strengthen
implementation of Resolution 1325, and specifically addresses women’s low participation
and limited funding for women’s needs (including physical safety and access to services) in
the post-conflict and peacebuilding periods.
● 2010: The Secretary-General appoints a Special Representative on Sexual Violence in
Conflict.
● 2010: The the Human Rights Council adopted Resolution 14/12 on accelerating efforts to
eliminate all forms of violence against women.
● 2010: The Security Council adopted Resolution 1960, reaffirming commitments to
addressing sexual violence in conflict.
● 2011: Council of Europe Convention on preventing and combating violence against women
and domestic violence adopted as the second legally binding regional instrument on
violence against women and girls.
● 2013: Member States adopt agreed conclusions during the 57th Commission on the Status
of Women on the prevention and elimination of all forms of violence against women.5

The World Health Organization (WHO), in its research on VAW, categorized it as occurring
through five stages of the life cycle: “1) pre-birth, 2) infancy, 3) girlhood, 4) adolescence and
adulthood and 5) elderly”6

WHO's typology table-Throughout the life cycle

Phase Type of violence

Pre-birth Sex-selective abortion; effects of

battering during pregnancy on birth
outcomes

Infancy Female infanticide; physical, sexual

and psychological abuse

Girlhood Child marriage; female genital

mutilation; physical, sexual and
psychological abuse; incest; child
prostitution and pornography

5
http://www.endvawnow.org/en/articles/302-timeline-of-policy-commitments-and-international-agreements-.html

6
This table is an excerpt from (1997). Violence against women: Definition and scope of the problem. World Health
Organization, 1, 1-3. Retrieved November 30, 2013, from http:/ / www. who. int/ gender/ violence/ v4. pdf, pp.2
 9

Adolescence and adulthood Dating and courtship violence (e.g.

acid throwing and date rape);
economically coerced sex (e.g. school
girls having sex with “sugar daddies”
in return for school fees); incest;
sexual abuse in the workplace; rape;
sexual harassment; forced
prostitution and pornography;
trafficking in women; partner
violence; marital rape; dowry abuse
and murders; partner homicide;
psychological abuse; abuse of women
with disabilities; forced pregnancy

Elderly Forced “suicide” or homicide of

widows for economic reasons; sexual,
physical and psychological abuse

VIOLENCE AGAINST WOMEN IN INDIA

Violence against women in India is an issue rooted in societal norms and economic
dependence. Discriminatory practices are underlined by laws favoring men. Inadequate policing and
judicial practices deny female victims proper protection and justice. Although female participation
in public life is increasing and laws have been amended, India still has a long way to go to make
Indian women equal citizens in their own country.
The challenges Indian women face include an often misogynistic society outdated and
sometimes repressive governance structures, an inefficient legal justice system, a weak rule of law
and social and political structures that are heavily male-centric.
The NCRB, under the Ministry of Home Affairs (MHA) maintains records of different forms of crimes
in India and publishes them annually. This study looks at the data published by NCRB for the year
2013 with regard to crime against women.
Crimes against women are broadly categorised into two types:

● Crimes under the Indian Penal Code (IPC)

● Crimes under the Special and Local Laws(SLL)7

Incidence of Crimes Committed Against Women During 2013

The following chart represents the different types of crimes under the IPC that have been
committed against women in 2013.

7
- See more at:
http://indiatogether.org/gender-gap-wef-and-crimes-against-women-ncrb-women#sthash.a8ben7oj.dpuf
 10

Item Count
Cruelty by Husband or his relatives 118866
Assault on Women with intent to outrage her modesty (Sec.354 IPC) 70739
Kidnapping & Abduction 51881
Rape 33707
Insult to the modesty of Women (Sec.509 IPC) 12589
Dowry Prohibition Acts, 1961 10709
Dowry Deaths 8083
Immoral Traffic (P) Act, 1956 2579
Indecent Representation Of Women (P) Act, 1986 362
Importation Of Girls from Foreign Country (Sec.366B IPC) 31
The infamous states
Geographically, Andhra Pradesh and Uttar Pradesh combined claim almost 20 per cent of all crimes
committed in the country. The north eastern states rank the lowest in terms of crimes against
women, with Nagaland reporting just 67 cases in 2013. Odisha has the highest number of offences
under the Dowry Prohibition Acts (2014), while Madhya Pradesh has the highest incidence of rape
cases (4335).

Sex-selective abortion
Sex-selective abortion is the practice of terminating a pregnancy based upon the predicted sex of
the baby. The selective abortion of female foetuses is most common in areas where cultural norms
value male children over female children, especially in parts of People's Republic of
China, India, Pakistan, the Caucasus, and Southeast Europe.
The reason for intensifying sex-selection abortion in China and India can be seen through history
and cultural background. The selective abortion of female foetuses is most common in areas where
cultural norms value male children over female children for a variety of social and economic
reasons. A son is often preferred as an "asset" since he can earn and support the family; a daughter
is a "liability" since she will be married off to another family, and so will not contribute financially to
her parents.
The overall impact of ultrasound screening and sex-selective abortion on female population is a
topic of active debate. Ultrasound sex-screening technologies became widely available in Asian
countries during the 1980s and 1990s, and estimates of its impact on missing women vary. Ross
Douthat claims over 160 million females are "missing" because of ultrasound screening followed by
 11

sex-selective abortion.8 Guilmoto9 claims about 40 million females are missing from Asia, Caucasus
and Europe.
India’s 2001 census revealed a national 0–6 age child sex ratio of 108, which increased to 109
according to 2011 census (927 girls per 1000 boys and 919 girls per 1000 boys respectively,
compared to expected normal ratio of 943 girls per 1000 boys).10
Amongst the states, the northern state of Punjab tops the list in number of female foeticide cases
reported and Rajasthan coming next. A medical expert in India says that an estimated 80,000
women die from legal abortions on an annual basis.

Census of India, http://www.bbc.co.uk/news/world-south-asia-13264301

NCRB-CRIMES AGAINST CHILDREN IN INDIA -2013 -

FOETICIDE (Sec. 315 & 316 IPC)
(Incidence-221 Rate-Negligible)
A total of 221 cases of foeticide were reported in the country during 2013 as compared to
210 cases in the year 2012 indicating a rise of 5.2%. Madhya Pradesh, Rajasthan, Haryana
and Uttar Pradesh have reported 79 cases, 34 cases, 21 cases and 17 cases respectively of
such crimes

8
Douthat, Ross (June 26, 2011). "160 Million and Counting". The New York Times.

9
Christophe Z Guilmoto, Sex imbalances at birth Trends, consequences and policy implications United Nations
Population Fund, Hanoi (October 2011)

10
India at Glance - Population Census 2011 - FinalCensus of India, Government of India (2013)
LEGAL PROVISIONS COMBATING IT
1) INDIAN PENAL CODE

Sections 312-316 of the Indian Penal Code (IPC) deals with miscarriage and death of an
unborn child and depending on the severity and intention with which the crime is
committed, the penalties range from seven years to life imprisonment for fourteen years
and fine.
Until 1970 the provisions contained in the Indian Penal Code (IPC) governed
the law on abortion. The Indian Penal Code 1860 permitted ‘legal abortions’ did without
criminal intent and in good faith for the express purpose of saving the life of the mother.
Liberalisation of abortion laws was also advocated as one of the measures of population
control.
2) THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971

The Medical Termination of Pregnancy Act was passed in July 1971, which came into force
in April 1972. This law was conceived as a tool to let the pregnant women decide on the
number and frequency of children. It further gave them the right to decide on having or
not having the child. However, this good intentioned step was being used to force women
to abort the female child. In order to do away with lacunae inherent in previous legislation.
3) THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND
PREVENTION OF MISUSE) ACT, 1994

To combat the practice of female foeticide in the country through misuse of technology,
done surreptitiously with the active connivance of the service providers and the persons
seeking such service, the Pre-natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act was enacted on September 20, 1994 by the Government of India. The Act was
amended in 2003 to improve regulation of technology capable of sex selection and to
arrest the decline in the child sex ratio as revealed by the Census 2001 and with effect from
14.02.2003, due to the amendments, the Act is known as the Pre-conception and Pre-natal
Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
The main purpose of enacting the PC&PNDT (prohibition of Sex Selection) Act, 1994 has
been to:
i) Ban the use of sex selection techniques before or after conception

ii) Prevent the misuse of pre-natal diagnostic techniques for sex selective abortions

iii) Regulate such techniques Stringent punishments have been prescribed under the Act
for using pre-conception and pre-natal diagnostic techniques to illegally determine the sex
of the foetus.
 13

● Thus both these laws were meant to protect the childbearing function of the
woman and legitimise the purpose for which pre-natal tests and abortions could be carried
out. However, in practice we find that these provisions have been misused and are proving
against the interest of the females.

4) THE CONSTITUTION OF INDIA

Section 312 of the Indian Penal Code read with the Medical termination of Pregnancy act,
1971 where all the restrictions imposed therein, including the time limit of 20 weeks, other
than the ones to ensure good medical conditions, infringe the right to abortion and the
right to health, which emanate from right to life as guaranteed by Article 21 of
the Constitution. Freedom from interference in one's privacy and family life is protected
by Article 12 of the Universal Declaration of Human Rights, Article17 of the Civil and
Political Rights Covenant, Article 11 of the American Convention, and Article 8(1) of the
European Convention. Right to abortion is a species of right to privacy, which is again
proclaimed a continuance of the right to life under Article 21.
GOVERNMENT ACTION-PLAN AND POLICY FRAMEWORK

National Plan of Action exclusively for the girl child (1991-2000) was formulated in 1992 for
the "Survival, Protection and Development of the Girl Children". The Plan recognized the
rights of the girl child to equal opportunity, to be free from hunger, illiteracy, ignorance and
exploitation.
JUDICIAL ACTIVISM AND RESPONSE
Our honourable judiciary in India had observed 2007 as the Awareness Year of Female
Foeticide and dealt in a strict manner with those responsible for this crime.

CEHAT(Centre for Enquiry Into Health And Allied Themes) v Union of India11
In the landmark case of CEHAT, MASUM and Dr Sabu George v Union of India and others -
in light of the alarming decline in sex ratios in the country to the disadvantage of women,
this petition was filed seeking directions from the Supreme Court for the implementation
of the Pre-Natal Diagnostic Techniques Act which regulates the provision of pre-natal
diagnostic technology. In this case the Court took on the unique role of actually monitoring
the implementation of the law and issuing several beneficial directives over the course of 3
years during which the case was proceeding in court. This petition put the issue of sex
selection and sex selective abortion on the national agenda and as a consequence there
have been heightened activities on this issue by government and non-governmental
agencies alike.

11
Writ Petition (civil) 301 of 2000
 14

The Supreme Court of India also directed all the State Governments/Union Territory
administrations to create public awareness against the practice of pre-natal determination
of sex and female foeticide through advertisements in the print and electronic media by
hoardings and other appropriate means. The Governments to furnish quarterly returns to
the central supervisory board giving a report on the implementation of PNDT Act, 1994.
Vijay Sharma and Another Vs Union of India12
The couple, Vijay and Kirti Sharma, based in the commercial metropolis Mumbai,
challenged the validity of the Pre Conception and Pre Natal Diagnostic Tests Act (PCPNDT)
Act, a 2001 Indian legislation which bans sex determination. But the judges said in a verdict
pronounced that sex selection would be as good as female foeticide.
Vinod Soni and Another Vs Union of India13
By this petition, the petitioners who are married couple seek to challenge the
constitutional validity of Preconception and Prenatal Diagnostic Techniques (Prohibition of
Sex Selection) Act of 1994 (hereinafter referred to Sex Selection Act of 1994). The petition
contains basically two challenges to the enactment.
First, it violates Article 14 of the Constitution and second, that it violates Article 21 of
the Constitution of India. It was held that Right to bring
into existence a life in future with a choice to determine the sex of that life cannot in itself
to be a right. Reliance is placed on a Supreme Court Judgment and two earlier decisions
whereby the Supreme Court has explained Article 21 and the rights bestowed thereby
include right to Food, clothing, decent environment, and even protection of cultural
heritage. These rights even if further expanded to the extremes of the possible elasticity of
the provisions of Article 21 cannot include right to selection of sex whether preconception
or post conception thus, not unconstitutional.
In order to strengthen the monitoring of female foeticide and girl child survival, the
Registrar General of India, has made it mandatory for all the Chief Registrars of Births and
Deaths to closely monitor the sex ratio at birth every month.
The National Plan of Action for the South Asian Association for Regional Cooperation
(SAARC) Decade of the Girl Child (1991-2000) seeks to ensure the equality of status for the
girl child by laying down specific goals for her dignified survival and development without
discrimination. The codified law world over considers human life as sacred and specific
legal provisions have been devised to protect the life of the born and the un-born.

However, the objective of the law gets defeated due to lacunae in the law and lack of
proper implementation. Even though the law is a powerful instrument of change yet law
alone cannot root out this social problem.

12
AIR 2008 Bom 29
13
2005 CriLJ 3408, 2005 (3) MhLj 1131
 15

It is, therefore, essential that these socio-cultural factors be tackled by changing the
thought process through awareness generation, mass appeal and social action. In addition
to this all concerned i.e. the religious and social leaders, voluntary organisations, women’s
groups, socially responsible media, the doctors; the Medical Council/Association (by
enforcing medical ethics and penalties on deviant doctors) and the law enforcement
personnel should work in a coordinated way.
FEMALE INFANTICIDE
Female infanticide is the deliberate killing of newborn female children or the termination of a
female foetus through selective abortion. Infanticide has been practiced as a brutal method of
family planning in societies where boy children are still valued, economically and socially,
above girls. The practice has been the cause of death for millions and is a major cause of
concern in several nations such as China and India being cited by genocide scholar Adam
Jones as notable examples. Jones argues that the "low status" in which women are viewed
in patriarchal societies creates a bias against females.
As defined by UNICEF: " female infanticide is defined as the abortion of a fetus because it is
female or the killing of an infant by a relative because it is female".
Causes:
Female infanticide is the intentional killing of infant girls. In addition to the active methods
undertaken to eliminate baby girls soon after birth, neglect and discrimination leading to
death and sex-selective abortion are also means by which many female children die each
year. These phenomena are most prevalent in patriarchal societies in which the status of
women is low and a preference for sons is built into the cultural ideology. Female infaniticide
cuts across all social and economic boundaries. Thus, the practice involves a wide range of
location-specific and culturally-motivated causes. In rural and poverty-stricken areas, lack of
education, economic resources, and access to healthcare are factors that lead to the murder
of infant girls. In urban areas, selective abortion is commonly employed by individuals with
access to modern medical technology that allows for early detection of sex. Unfortunately,
although government programs and human rights organizations strive to put an end to these
practices with education, financial incentives, and threat of punishment, female infanticide
continues. India and China, two of the most populous countries today, top the list of nations
in which these atrocities are carried out.
The Girl Child -
• 1 out of every 3 girls does not live to see her 15th birthday
• One-third of these deaths take place at birth
• Every sixth girl child’s death is due to gender discrimination
• Females are victimised far more than males during childhood
• 1 out of every 10 women reported some kind of child sexual abuse during childhood,
chiefly by known persons
 16

• 1 out of 4 girls is sexually abused before the age of 4

• 19% are abused between the ages of 4 and 8
• 28% are abused between the ages of 8 and 12
• 35% are abused between the ages of 12 and 16
• 1 out of 6 girls will not live to see their 12th birthday
• 3 lakh more girls than boys die every year
• Female mortality exceeds male mortality in 224 out of 402 districts in India
• Death rate among girls below the age of 4 years is higher than that of boys. Even if she
escapes infanticide or foeticide, a girl child is less likely to receive immunisation,
nutrition or medical treatment compared to a male child
• 53% of girls in the age group of 5 to 9 years are illiterate
• Every year 27,06,000 children under 5 years die in India. And the deaths of girl children
are higher than those of male children. 14
In 1992 the Indian government started the Baby cradle scheme. The plan was to allow
families to give their child up for adoption without going through paperwork, no names are
taken. The scheme has been given praise for possibly saving the lives of thousands of baby
girls, but has also been criticized by human rights groups, who say that the scheme
encourages child abandonment and also reinforces the low status in which women are held.
The scheme which was piloted in Tamil Nadu, saw cradles placed outside state run health
facilities. The chief minister of Tamil Nadu at the time, added an additional incentive, which
was to give money to families who had more than one daughter. The four years following
the programmes inception 136 baby girls were given over, but in 2000, 1,218 cases of female
infanticide were reported, the scheme was deemed a failure and abandoned but was
reinstated the following year.
In 1991 the Girl Child Protection Scheme was launched. It operates as a long term financial
incentive, with rural families having to meet certain obligations, such as sterilization for the
woman. Once the obligations are met the state puts aside Rs 2000 in a state run fund, and
upon reaching twenty the girl may use the money, which now should stand at ₨ 10,000, to
either marry, or go into higher education.

NATIONAL CRIME RECORDS BUREAU-STATISTICS 2013

Infanticide (Sec. 315 IPC) (Incidence- 82 Rate-Negligible)

1412
[Source: www.cry.org]
 17

A total of 82 Infanticide cases were reported in the country during the 2013. The incidents
increased by 1.2% in the year 2013 over 2012 (from 81 cases in 2012 to 82 in 2013).
Maximum of infanticides were reported in Chhattisgarh (15 cases) followed by Tamil Nadu
(13 cases)
and Uttar Pradesh (10 cases), together accounting for 46.3% of total such incidents reported
at National level.

CHILD MARRIAGE
UNICEF defines child marriage as marriage before 18 years of age and considers this practice
as violation of human right.15 UN Women has proposed that child marriage be defined as a
forced marriage because they believe children under age 18 are incapable of giving a legally
valid consent.16
Child marriage most often occurs in poor, rural communities. In many regions, parents
arrange their daughter’s marriage unbeknownst to the girl. That can mean that one day, she
may be at home playing with her siblings and the next, she’s married off and sent to live in
another village with her husband and his family – strangers, essentially. She is pulled out of
school. She is separated from her peers. And once married, she is more likely to be a victim
of domestic violence and suffer health complications associated with early sexual activity
and childbearing.
Girls younger than 15 are five times more likely to die in childbirth than women in their 20s.
Pregnancy is consistently among the leading causes of death for girls ages 15 to 19
worldwide. Child brides face a higher risk of contracting HIV because they often marry an
older man with more sexual experience. Girls ages 15 – 19 are 2 to 6 times more likely to
contract HIV than boys of the same age in sub-Saharan Africa.

CHILD MARRIAGE AROUND THE WORLD17

▪ One third of the world’s girls are married before the age of 18 and 1 in 9 are married before
the age of 15.

▪ In 2010, 67 million women 20-24 around the world had been married before the age of 18.

▪ If present trends continue, 142 million girls will be married before their 18th birthday over
the next decade. That’s an average of 14.2 million girls each year.

15
UNICEF, "Child protection from violence, exploitation and abuse"http://www.unicef.org/protection/57929_58008.html
16
UN Women, Definition of forced and child marriage(2012)
17
http://www.icrw.org/child-marriage-facts-and-figures
 18

▪ While countries with the highest prevalence of child marriage are concentrated in Western
and Sub-Saharan Africa, due to population size, the largest number of child brides reside in
South Asia.

Child Marriage Hot Spots18

Ran Country % girls
k Name married
before
18
1 Niger 75
2 Chad 68
3 Central 68
African
Republic
4 Bangladesh 66
5 Guinea 63
6 Mozambique 56
7 Mali 55
8 Burkina Faso 52
9 South Sudan 52
10 Malawi 50
11 Madagascar 48
12 Eritrea 47
13 India 47
14 Somalia 45
15 Sierra Leone 44
16 Zambia 42
17 Dominican 41
Republic
18 Ethiopia 41

18
Source: UNICEF State of the World's Children, 2013 - data from UNICEF Multiple Indicator Cluster Surveys (MICS), Demographic and Health Surveys
(DHS) and other national surveys, and refers to the most recent year available during the period 2002-2011. Source: United Nations
 19

19 Nepal 41
20 Nicaragua 41
India
* Child marriage prevalence is defined as Child marriage is complex subject under Indian
the percentage of women 20-24 years old law. It was defined by The Child Marriage
who were married or in union before age Restraint Act in 1929, and it set the minimum
18. age of marriage for men as 18, and women as
15. That law was questioned by Muslims, then
superseded by personal law applicable only to Muslims in British India with Muslim Personal
Law (Shariat) Application Act of 1937, which implied no minimum limit and allowed parental
or guardian consent in case of Muslim marriages.
The definition of child marriage was last updated by India with its The Prohibition of Child
Marriage Act of 2006, which applies only (a) toHindus, Christians, Jains, Buddhists and those
who are non-Muslims of India, and (b) outside the state of Jammu and Kashmir. For Muslims
of India, child marriage definition and regulations based on Sharia and Nikah has been
claimed as a personal law subject. For all others, The Prohibition of Child Marriage Act of
2006 defines "child marriage" means a marriage, or a marriage about to be solemnized, to
which either of the contracting parties is a child; and child for purposes of marriage is
defined based on gender of the person - if a male, it is 21 years of age, and if a female, 18
years of age."
The Prohibition of Child Marriage Act, 2006
In response to the plea (Writ Petition (C) 212/2003) of the Forum for Fact-finding
Documentation and Advocacy at the Supreme Court, the Government of India brought the
Prohibition of Child Marriage Act (PCMA) in 2006, and it came into effect on 1 November
2007 to address and fix the shortcomings of the Child Marriage Restraint Act. The change in
name was meant to reflect the prevention and prohibition of child marriage, rather than
restraining it. The previous Act also made it difficult and time consuming to act against child
marriages and did not focus on authorities as possible figures for preventing the marriages.
This Act kept the ages of adult males and females the same but made some significant
changes to further protect the children. Boys and girls forced into child marriages as minors
have the option of voiding their marriage up to two years after reaching adulthood, and in
certain circumstances, marriages of minors can be null and void before they reach
adulthood. All valuables, money, and gifts must be returned if the marriage is nullified, and
the girl must be provided with a place of residency until she marries or becomes an adult.
Children born from child marriages are considered legitimate, and the courts are expected
to give parental custody with the children's best interests in mind. Any male over 18 years of
age who enters into a marriage with a minor or anyone who directs or conducts a child
marriage ceremony can be punished with up to two years of imprisonment or a fine.
 20

FEMALE GENITAL MUTILATION

Female genital mutilation (FGM), also known as female genital cutting and female
circumcision, is the ritual removal of some or all of the external female genitalia. Typically
carried out by a traditional circumciser with a blade or razor, with or without anaesthesia,
FGM is concentrated in 27 countries in Africa, as well as in Yemen and Iraqi Kurdistan, and
practised to a lesser extent elsewhere in Asia and among diaspora communities around the
world.19 The age at which it is conducted varies from days after birth to puberty; in half the
countries for which national figures are available, most girls are cut before the age of five.20

Definition Defined in 1997 by the WHO, UNICEF andUNFPA as the "partial or total
removal of the external female genitalia or other injury to the female
genital organs for non-medical reasons." 21

Cultural, religious and social causes

The causes of female genital mutilation include a mix of cultural, religious and social factors
within families and communities.
● Where FGM is a social convention, the social pressure to conform to what others do and
have been doing is a strong motivation to perpetuate the practice.
● FGM is often considered a necessary part of raising a girl properly, and a way to prepare her
for adulthood and marriage.
● FGM is often motivated by beliefs about what is considered proper sexual behaviour, linking
procedures to premarital virginity and marital fidelity. FGM is in many communities believed
to reduce a woman's libido and therefore believed to help her resist "illicit" sexual acts.
When a vaginal opening is covered or narrowed (type 3 above), the fear of the pain of
opening it, and the fear that this will be found out, is expected to further discourage "illicit"
sexual intercourse among women with this type of FGM.
● FGM is associated with cultural ideals of femininity and modesty, which include the notion
that girls are “clean” and "beautiful" after removal of body parts that are considered "male"
or "unclean".

19
UNICEF 2013, p. 44 for traditional circumciser, pp. 45–46 for anaesthetic, p. 46 for blade or razor.
P. Stanley Yoder, Shanxiao Wang, Elise Johansen,"Estimates of female genital mutilation/cutting in 27 African countries
and Yemen", Studies in Family Planning, 44(2), June 2013, pp. 189–204: "The practice of female genital
mutilation/cutting (FGM/C) has been documented in many countries in Africa and in several countries in Asia and the
Middle East ..."
For the 29 countries in which it is concentrated (27 countries in Africa, as well as Yemen and Iraqi Kurdistan),UNICEF
2013, pp. 26–27.

20
UNICEF 2013, pp. 47, 50.

21
"Classification of female genital mutilation", World Health Organization, 2014.
 21

● Though no religious scripts prescribe the practice, practitioners often believe the practice
has religious support.
● Religious leaders take varying positions with regard to FGM: some promote it, some consider
it irrelevant to religion, and others contribute to its elimination.
● Local structures of power and authority, such as community leaders, religious leaders,
circumcisers, and even some medical personnel can contribute to upholding the practice.
● In most societies, FGM is considered a cultural tradition, which is often used as an argument
for its continuation.
● In some societies, recent adoption of the practice is linked to copying the traditions of
neighbouring groups. Sometimes it has started as part of a wider religious or traditional
revival movement.
● In some societies, FGM is practised by new groups when they move into areas where the
local population practice FGM.
International response
In December 2012, the UN General Assembly adopted a resolution on the elimination of
female genital mutilation.
In 2010 WHO published a "Global strategy to stop health care providers from performing
female genital mutilation" in collaboration with other key UN agencies and international
organizations.
In 2008 WHO together with 9 other United Nations partners, issued a new statement on the
elimination of FGM to support increased advocacy for the abandonment of FGM. The 2008
statement provides evidence collected over the past decade about the practice. It highlights
the increased recognition of the human rights and legal dimensions of the problem and
provides data on the frequency and scope of FGM. It also summarizes research about on
why FGM continues, how to stop it, and its damaging effects on the health of women, girls
and newborn babies.
The new statement builds on the original from 1997 that WHO issued together with the
United Nations Children’s Fund (UNICEF) and the United Nations Population Fund (UNFPA).
Since 1997, great efforts have been made to counteract FGM, through research, work within
communities, and changes in public policy. Progress at both international and local levels
includes:
● wider international involvement to stop FGM;
● international monitoring bodies and resolutions that condemn the practice;
● revised legal frameworks and growing political support to end FGM (this includes a law
against FGM in 24 African countries, and in several states in two other countries, as well as
12 industrialized countries with migrant populations from FGM practicing countries);
 22

● in most countries, the prevalence of FGM has decreased, and an increasing number of
women and men in practising communities support ending its practice.
Research shows that, if practicing communities themselves decide to abandon FGM, the
practice can be eliminated very rapidly.22
Legislation and other national provisions:
The Inter-Parliamentary Union is attempting systematically to gather information on the
current state legislation and other national provisions dealing directly or indirectly with the
issue of female genital mutilation.Country-specific information on the current state of
national legislation dealing directly or indirectly with the issue of female genital
mutilation reproduces the contents of the official communications received to date from
national parliaments.23 According to IPU report Female genital mutilation is not prevalent in
India and India has not adopted any law on the subject. 24

SEXUAL HARASSMENT

Sexual harassment is intimidation, bullying or coercion of a sexual nature, or the unwelcome

or inappropriate promise of rewards in exchange for sexual favours. Sexual harassment in
India is termed "Eve teasing" and is described as: unwelcome sexual gesture or behaviour
whether directly or indirectly as sexually coloured remarks; physical contact and advances;
showing pornography; a demand or request for sexual favours; any other unwelcome
physical, verbal/non-verbal conduct being sexual in nature. The critical factor is the
unwelcomeness of the behaviour, thereby making the impact of such actions on the
recipient more relevant rather than intent of the perpetrator. According to India's
constitution, sexual harassment infringes the fundamental right of a woman to gender
equality under Article 14 of the Constitution of India and her right to life and live with dignity
underArticle 21 of the Constitution.25

Sexual harassment has been recognised as most intimidating, most violating form of violence
since long in countries like UK, USA and many countries have not only taken note of how
degrading experiences of sexual harassment can be for women as well as employers but
have adapted legislative measures to combat sexual harassment.

In India, it has been only six years since sexual harassment was for the first time recognised
by The Supreme Court as human rights violation and gender based systemic discrimination
that affects women?s Right to Life and Livelihood. The Court defined sexual harassment very
clearly as well as provided guidelines for employers to redress and prevent sexual
harassment at workplace.
22
http://www.who.int/mediacentre/factsheets/fs241/en/
23
http://www.ipu.org/wmn-e/fgm-prov-i.htm
24
http://www.ipu.org/wmn-e/fgm-prov-i.htm
25
http://www.legalservicesindia.com/article/article/crime-against-women-&-its-impact-on-them-540-1.html
 23

While the Apex Court has given mandatory guidelines, known as Vishaka Guidelines, for
resolution and prevention of sexual harassment enjoining employers by holding them
responsible for providing safe work environment for women, the issue still remains under
carpets for most women and employers.

Vishaka guidelines apply to both organized and unorganized work sectors and to all women
whether working part time, on contract or in voluntary/honorary capacity. The guidelines
are a broad framework which put a lot of emphasis on prevention and within which all
appropriate preventive measures can be adapted. One very important preventive measure is
to adopt a sexual harassment policy, which expressly prohibits sexual harassment at work
place and provides effective grievance procedure, which has provisions clearly laid down for
prevention and for training the personnel at all levels of employment.26

In India, the case of Vishaka vs. State of Rajasthan in 1997 has been credited with
establishing sexual harassment as illegal; .

Vishaka vs. State of Rajasthan (AIR 1997 SC 1997) :

The litigation resulted from a brutal gang rape of a publicly employed social worker in a
village in Rajasthan during the course of her employment. The petitioners bringing the
action were various social activists and non-governmental organisations. The primary basis
of bringing such an action to the Supreme Court in India was to find suitable methods for the
realisation of the true concept of “gender equality” in the workplace for women. In turn, the
prevention of sexual harassment of women would be addressed by applying the judicial
process.

Under Article 32 of the Indian Constitution, an action was filed in order to establish the
enforcement of the fundamental rights relating to the women in the workplace. In particular
it sought to establish the enforcement of Articles 14, 15, 19(1) (g) and 21 of
the Constitution of India and Articles 11 and 24 of the Convention on the Elimination of All
Forms of Discrimination against Women.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at
their place of work. It was passed by the Lok Sabha (the lower house of the Indian
Parliament) on 3 September 2012. It was passed by the Rajya Sabha (the upper house of the
Indian Parliament) on 26 February 2013.27 The Bill got the assent of the President on 23 April
2013.[2] The Act came into force from 9 December 2013.28

26
http://indiatogether.org/combatlaw/vol2/issue3/harass.htm
27
""The Sexual Harassment Bill undermines the innovative spirit of Vishaka" – Naina Kapur, Lawyer and Equality
Consultant". Bar and Bench. 1 March 2013. Retrieved 2 March 2013.
28
"Law against sexual harassment at workplace comes into effect". Times of India. Retrieved 14 December 2013.
 24

Major Features

● The Act defines sexual harassment at the work place and creates a mechanism for redressal
of complaints. It also provides safeguards against false or malicious charges.

● The definition of “aggrieved woman”, who will get protection under the Act is extremely
wide to cover all women, irrespective of her age or employment status, whether in the
organised or unorganised sectors, public or private and covers clients, customers and
domestic workers as well.

● While the “workplace” in the Vishaka Guidelines is confined to the traditional office set-up
where there is a clear employer-employee relationship, the Act goes much further to include
organisations, department, office, branch unit etc. in the public and private sector, organized
and unorganized, hospitals, nursing homes, educational institutions, sports institutes,
stadiums, sports complex and any place visited by the employee during the course of
employment including the transportation.

● The Committee is required to complete the inquiry within a time period of 90 days. On
completion of the inquiry, the report will be sent to the employer or the District Officer, as
the case may be, they are mandated to take action on the report within 60 days.

● Every employer is required to constitute an Internal Complaints Committee at each office or

branch with 10 or more employees. The District Officer is required to constitute a Local
Complaints Committee at each district, and if required at the block level.

● The Complaints Committees have the powers of civil courts for gathering evidence.

● The Complaints Committees are required to provide for conciliation before initiating an
inquiry, if requested by the complainant.

● Penalties have been prescribed for employers. Non-compliance with the provisions of the
Act shall be punishable with a fine of up to 50,000. Repeated violations may lead to higher
penalties and cancellation of licence or registration to conduct business.29

Penal Code

Through the Criminal Law (Amendment) Act, 2013, Section 354 was added to the Indian
Penal Code that stipulates what consists of a sexual harassment offence and what the
penalties shall be for a man committing such an offence. Penalties range from one to three
years imprisonment and/or a fine. Additionally, with sexual harassment being a crime,
employers are obligated to report offences.30

29
"The Protection of Women Against Sexual Harassment at Work Place Bill, 2010". PRS Legislative Research. Retrieved
19 March 2013.
30
Nishith Desai Associates, Veena Gopalakrishnan, Ajay Singh Solanki and Vikram Shroff, India’s new labour law -
prevention of sexual harassment at the workplace, Lexology, 30 April 2013
 25

Dr. Salma Khatoon vs. Secretary, Govt. of India, Department of Ayush and Ors.
[MANU/DE/1468/2010]

The Court directed the respondents to appoint Secretary, Government of India, Department
of Ayush as the Chairperson of reconstituted sexual harassment committee in the W.P.(C)
No.9144 of 2009 Page 6 of 7 matter of complaint made by the petitioner. The said
committee will consider the complaint of the petitioner in accordance with the guidelines
and law laid down in the case of Vishakha (Supra). With these directions the petition is
disposed of and the parties are left to bear their own costs. It is however, clarified that this
will not be precedent and this Court has not decided whether the Tribunal will have
jurisdiction under Section 14 of the Central Administrative Tribunal Act, 1985 in the matter
of constitution of the Sexual Harassment Committee.

Soran Singh v. State [MANU/DE/0607/2010] .

Mamta was sexually harassed by Soran Singh, her father-in-law. Also Soran Singh and
Mamta’s husband continuously harassed her for demand of dowry. Later on, she committed
suicide. In this case thecourt held that Appellant Soran Singh shall suffer Rl for a period of 10
years for the offence punishable under Section 304B IPC and shall suffer imprisonment for a
period of 3 years for the offence punishable under Section 498A IPC. Appellant Rakesh shall
suffer Rl for a period of 7 years for the offence punishable under Section 304B IPC and shall
suffer imprisonment for a period of 3 years for the offence punishable under Section 498A
IPC. The sentences upon both the appellants shall run concurrently. The appellants shall be
entitled to the benefit of Section 428 Cr.P.C.

DOMESTIC VIOLENCE
In 1993, The United Nations Declaration on the Elimination of Violence against Women
identified domestic violence as one of three contexts in which violence against women
occurs, describing it as:31

"Physical, sexual and psychological violence occurring in the family, including battering,
sexual abuse of female children in the household, dowry-related violence, marital rape,
female genital mutilation and other traditional practices harmful to women, non-spousal
violence and violence related to exploitation".

Domestic violence often occurs because the perpetrator believes that abuse is justified and
acceptable, and may produce intergenerational cycles of abuse that condone violence.
Awareness, perception, definition and documentation of domestic violence differs widely
from country to country. There may be a cycle of abuse during which tensions rise and an act
of violence is committed, followed by a period of reconciliation and calm.

Victims of domestic violence may be trapped in domestic violent situations through

isolation, power and control, insufficient financial resources, fear, shame or to protect
31
"A/RES/48/104. Declaration on the Elimination of Violence against Women". Un.org. Retrieved 2013-09-08.
 26

children. As a result of abuse, victims may experience physical disabilities, chronic health
problems, mental illness, limited finances, and poor ability to create healthy relationships.
Victims may experience post-traumatic stress disorder. Children who live in a household with
violence may continue the legacy of abuse when they reach adulthood. Domestic violence
often happens in the context of forced and child marriage.

Alcohol consumption and mental illness can be co-morbid with abuse, and present
additional challenges in eliminating domestic violence. Management of domestic violence
may take place through medical services, law enforcement, counseling, and other forms of
prevention and intervention.

According to ‘United Nation Population Fund Report’, around two-third of married Indian
women are victims of Domestic Violence attacks and as many as 70 per cent of married
women in India between the age of 15 and 49 are victims of beating, rape or forced sex. In
India, more than 55 percent of the women suffer from Domestic Violence, especially in the
states of Bihar, U.P., M.P. and other northern states.

To prevent violence against women and to protect the rights of aggrieved women, the
legislation ‘The Protection of Women from Domestic Violence Act, 2005’ was passed by the
parliament. According to this act every women who have been deprived of their right to life
by the act of husband or relatives of the husband, can file a complaint to the protection
officer, police officer or magistrate in the form of ‘Domestic Incident Report’ (Similar to FIR).
Complaint can be filed by the victim /aggrieved person or relatives, it will be considered as
the prima-facie evidence of the offence. Every ‘Domestic Incident Report’ has to be prepared
by the Protection Officer which will assist in the further investigation of the incidence. The
protection officer will pass certain orders i.e. protection of the women, custody of
respondent and order of monetary relief to the victim.

The Government of India should come out with some more stringent laws to protect the
rights of women who are victims of violence of any kind occurring within the family, so that
it will work as the preventive measure to eradicate the crime. A strict law to be passed to
punish those women who are filing a false compliant against husband or relatives by
misusing of Domestic Violence Act so that there will be fair justice to all.32

RAPE
The term rape is sometimes used interchangeably with the term sexual assault. Rape is a
type of sexual assault usually involving sexual intercourse or other forms of sexual
penetration initiated against one or more individuals without the consent of those individuals.

32
http://www.legalindia.in/domestic-violence-against-women-in-india/
 27

The act may be carried out by physical force, coercion, abuse of authority or against a person
who is incapable of valid consent, such as one who is unconscious, incapacitated, or below
the legal age of consent.33

Rape in India is the fourth most common crime against women in India. Indian penal code
defines rape under Section 375.34 Before February 3, 2013 the definition excluded marital
rape, same sex crimes and considered all sex with a minor below the age of 16 as rape.
Effective February 3 2013, the definition was expanded to include same sex crimes and
raised the age of consent to age 18. Rape is now included as a crime of sexual assault.35 Even
after the 2013 reform, marital rape is not a crime in India. However, it is considered a form of
prosecutable domestic violence under different sections of Indian penal code, such as
Section 498(A) as well as the Articles of Domestic Violence Act, 2005.36

Rape statistics

33
"Sexual violence chapter 6". World Health Organization. April 15, 2011.
34
A person is said to commit “sexual assault” if that person – (a) penetrates his penis, to any extent, into the vagina,
mouth urethra or anus of another person or makes the person to do so with him or any other person; or (b) inserts, to
any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of another person
or makes the person to do so with him or any other person; or (c) manipulates any part of the body of another person
so as to cause penetration into the vagina, urethra, anus or any part of body of such person or makes the person to do
so with him or any other person; or (d) applies his mouth to the penis, vagina, anus, urethra of another person or makes
such person to do so with him or any other person; (e) touches the vagina, penis, anus or breast of the person or makes
the person touch the vagina, penis, anus or breast of that person or any other person, except where such penetration or
touching is carried out for proper hygienic or medical purposes under the circumstances falling under any of the
following seven descriptions:––
Firstly.–– Against the other person’s will.
Secondly. –– Without the other person’s consent.
Thirdly. –– With the other person’s consent when such consent has been obtained by putting such other person or any
person in whom such other person is interested, in fear of death or of hurt.
Fourthly. –– When the person assaulted is a female, with her consent, when the man knows that he is not her husband
and that her consent is given because she believes that he is another man to whom she is or believes to be lawfully
married.
Fifthly.–– With the consent of the other person when, at the time of giving such consent, by reason of unsoundness of
mind or intoxication or the administration by that person personally or through another of any stupefying or
unwholesome substance, the other person is unable to understand the nature and consequences of that action to
which such other person gives consent.
Sixthly. –– With or without the other person’s consent, when such other person is under eighteen years of age.
Seventhly. –– When the person is unable to communicate consent.
Explanation 1.–– Penetration to any extent is “penetration” for the purposes of this section.
Explanation 2.–– For the purposes of this section, “vagina” shall also include labia majora.
Explanation 3.–– Consent means an unequivocal voluntary agreement when the person by words, gestures or any form
of non-verbal communication, communicates willingness to participate in the specific act: provided that, a person who
does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to
the sexual activity.
Exception.–– Sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of
age, is not sexual assault.
35
Press Information Bureau, Criminal Law (Amendment) Ordinance, 2013 Government of India (2013)
36
Even after the 2013 reform, marital rape is not a crime in India. However, it is considered a form of prosecutable
domestic violence under different sections of Indian penal code, such as Section 498(A) as well as the Articles of
Domestic Violence Act, 2005.
 28

National crime records bureau observed an increasing trend in the incidence of rape during
the periods 2009 - 2013. These cases have reported an increase of 3.6% in 2010 over 2009
and an increase of 9.2% in the year 2011 over the year 2010, an increase of 3.0% in the year
2012 over 2011 and further an increase of 35.2% in the year 2013 over 2012.37

Another alarming finding of the NCRB is that of the total number of rape cases (33,707) in
2013, a staggering 94 per cent (31,807) of the cases saw offenders who were known to the
victims. NCRB also analyses and records the offender's relation and nearness to the rape
victim.

Landmark Judgments:

Tukaram v. State of Maharashtra38 .

This case is popularly known as Mathura Rape Case. In this case, Mathura, an 18 year old
Harijan girl was called to the police station on an abduction report filed by her brother at the
police station – DesauiGanj in Maharashtra on 26th March, 1972. When they were about to
leave the police station, Mathura was kept back at the police station in the late hours of the
night by one of the constables, Ganpat, who was on duty. She was taken to a toilet and
raped by Ganpat. Then another constable, Tukaram, molested and tried to rape her, but
being too heavily drunk did not succeed. It was alleged that the two constables, while on
duty, had bolted the doors of the police station from inside and plunged the place into
darkness.

The court held that the victim’s failure to appeal to companions and her conduct is meekly
following the constable and allowing him to have his way to the extent of satisfying his lust
amounts to consent for the sexual intercourse. Hence, not amounting to rape.

The judgment of Supreme Court was widely criticized both inside and outside the Parliament
as an extraordinary decision sacrificing human rights and a slander on women under the law
and the Constitution. .

Whereas, in State of Punjab Vs. Gurmit Singh,39 the Supreme Court has advised the lower
judiciary, that even if the victim girl is shown to be habituated to sex, the Court should not
describe her to be of loose character .

37

https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CBwQFjAA&url=http
%3A%2F%2Fncrb.gov.in%2F&ei=3B1bVLbIPMffoASNqYKYDA&usg=AFQjCNGSAK-YlqAbWp4E0OV_3iLeJRER-Q&sig2=Zvh
W4vGE-zj-LtjAad1QSQ&bvm=bv.78677474,d.cGU
38
AIR 1979 SC 185
39
(1996) 2 SCC 384
 29

The Supreme Court has in the case of State of Maharashtra Vs. Madhukar N. Mardikar,40
held that "the unchastity of a woman does not make her open to any and every person to
violate her person as and when he wishes. She is entitled to protect her person if there is an
attempt to violate her person against her wish. She is equally entitled to the protection of
law. Therefore merely because she is of easy virtue, her evidence cannot be thrown
overboard." .

In Chairman, Railway Board Vs. Chandrima Das41 , a practicing Advocate of the Calcutta High
Court filed a petition under Article.226 of the Constitution of India against the various railway
authorities of the eastern railway claiming compensation for the victim (Smt.
HanufaKhatoon)- a Bangladesh national- who was raped at the Howrah Station, by the
railway security men. The High Court awarded Rs.10 lacs as compensation. .

An appeal was preferred and it was contended by the state that: .

a) The railway was not liable to pay the compensation to the victim for she was a foreigner.

b) That the remedy for compensation lies in the domain of private law and not public law.
i.e. that the victim should have approached the Civil Court for seeking damages; and should
have not come to the High Court under Article 226. .

The Supreme Court also held that the relief can be granted to the victim for two reasons-
firstly, on the ground of domestic jurisprudence based on the Constitutional provisions; and
secondly, on the ground of Human Rights Jurisprudence based on the Universal Declaration
of Human Rights, 1948 which has international recognition as the ‘Moral Code of Conduct’-
adopted by the General Assembly of the United Nation.

The Nirbhaya effect

The issue of violence against women in India was brought to the forefront after the brutal
gang-rape of a 23-year-old woman in Delhi on 16 December 2012. The December incident
led to a sudden outpouring of anger and frustration about the situation that allowed such
attacks to take place. People took to the streets in large numbers calling for change.

On 23 December 2011 the Indian Government set up the Justice Verma Committee to
propose amendments to criminal law dealing with sexual offences. A month later, Justice
Verma submitted its report recommending wider inclusion to the definition of rape, changes
to the medico-legal examination procedures of the rape victim and the prosecution of
members of armed forces/uniformed personnel under ordinary criminal law in the case of
rape.

40
(1991) 1 SCC 57
41
AIR 2000 SC 988
 30

In response the Parliament passed the Criminal Law (Amendment) Act 2013 which provides
for amendment of the Indian Penal Code, Indian Evidence Act and the Code of Criminal
Procedure. It also enacted the Sexual Harassment of Women at Workplace (Prohibition,
Prevention and Redressal) Act 2013, 16 years after the Supreme Court directed the Indian
Government to provide legal framework to deal with the issue of sexual harassment.7

Some of the positive measures in these amendments included recognizing acid attacks,
sexual harassment, voyeurism, stalking and trafficking of persons as criminal acts under the
amendments to the Indian Penal Code, 1860. Five exclusive fast track courts were set up to
deal with cases of sexual violence against women. Additionally a women’s distress helpline
number, 1091 was launched in various Indian cities. .

Unfortunately the incorporation of the majority of Justice Verma recommendations into the
criminal law amendments is not enough to change the fundamentals that drive anti-women
discrimination. Stories of harassment, the rape of women – including of children as young as
five or six years of age – and governmental incompetence or apathy continue to make their
way into the front pages of Indian newspapers on a regular basis. .

Laws on paper give little protection, if they are not enforced effectively.

Criminal Law (Amendment) Act, 2013

Popularly, known as the Anti-rape Act, amends the Indian Penal Code (IPC), 1860, the
Code of Criminal Procedure (CCP), 1973, the Indian Evidence Act (IEA), 1872 and the
Protection of Children from Sexual Offences Act, (PCSO), 2012.In a way, the Act is a radical
expression of the fifty-seventh session of the Commission on the Status of Women held at
the United Nations Headquarters, New York, March 04-15, 2013 as both the interventions
focus on VAW with particular emphasis on women’s safety and security.

Against the backdrop of the nation-wide outrage over the tragic Delhi gang-rape,
Nirbhaya (Fearless) incident of December 16, 2012, propelled the Government of India (GOI)
to drive the issue of violence against women (VAW) to the centre-stage of political discourse.
Consequently, on December 22, 2012, GOI appointed a three-member judicial committee
headed by the former Chief Justice of India, Justice J.S. Verma, who passed away on April 22,
2013, Justice Leila Seth and Gopal Subramanium requesting them to submit a report within
30 days. The key objective of the Commission was to review for possible amendments to the
criminal law and suggest measures for faster trials and harsher penalties for vicious offences
related to VAW. Taking further cognizance of the strident storm of public protests in general
and a tribute to Nirbhaya (Fearless) in particular, on January 23, 2013, the commission
submitted its recommendations by identifying ‘lack of good governance’ as the central cause
of VAW. The commission goes on to criticise the government, the abysmal and old-fashioned
police system alongside public apathy in tackling VAW, and thereby, recommends dramatic
 31

transformation in legislations. The recommendations are based on more than 70,000

suggestions received from stakeholders, social activists and public comprising eminent
jurists, legal professionals, NGOs, women’s groups and civil society through varied methods:
emails, posts and fax. A 631-page report consisting of 14 chapters (excluding Introduction,
Methodology and Conclusions and Recommendations) include recommendations on laws
related to rape, sexual harassment, trafficking, child sexual abuse, medical examination of
victims, police, electoral and educational reforms.

Based on some of the recommendations of the Justice Verma Committee (JVC)

report, an anti- rape Ordinance was enacted and signed by the Honourable President of
India, Mr Pranab Mukherjee on February 03, 2013. The Criminal Law (Amendment) Bill,
2013, passed in the

Parliament (Lok Sabha and Rajya Sabha respectively on March 19 and 21, 2013)
replaced the promulgated Ordinance, which lapsed on April 04, 2013. However, as per the
Gazette Notification New Delhi, Tuesday, April 2, 2013,3 the word ‘bill’ has been replaced by
the word ‘Act’.

Possible reforms: .
One of the reasons is the misuse and non use of laws made to tackle crime against women.
Whereas the laws and proceedings against rape have been made severe and the procedure
more expedient we do not find any perceptible change in the number of rapes committed.
The certainty of punishment is more often than not a more sever deterrent than severity of
it. We also find that hardly do the courts or the state take any action against the person who
has misused such laws for his own selfish interest to denigrate someone else's character. To
make the law more effective it is not only essential to implement it more effectively, it is
equally more effective to ruthlessly prevent its misuse. .

Another possible suggestion can be to make law more accessible. The humiliation and
shame faced by the victim who not only suffers the trauma of the crime committed against
her but also bears the brunt of social stigma attached with it leaves no doubt as to the care
and sensitivity with which such cases must be handled. There has been marked
improvement in the general approach of the law officers towards sex crimes but it cannot be
denied that there is great scope of improvement. Amendment in law is simply not enough. A
more zealous approach towards sensitization of law officers and making the investigation
more victim friendly can not be denied. .

It shall be worthwhile to reiterate a few suggestions given by Hon'ble Supreme Court. In

Delhi Domestic Working Womens Forum Vs. UOI 42 Supreme Court criticizing the failure of

42
(1995) 1 SCC 14
 32

law enforcement machinery in addressing increasing violence against women suggested

that:-

1) The complaints of sexual assault cases should be provided with legal representation.
Such a person should be well acquainted. The Advocates role should not merely be of
explaining to the victim the nature of the proceedings, to prepare for the case and
assist her, but to provide her with guidance as to how she might obtain help of a
different nature from other agencies- for e.g. psychiatric consultation or medical
assistance. .
2) Legal assistance should be provided at the police Station, since the victim may be in
a distressed state. Guidance and support of a lawyer at this stage would be of great
help.
3) The police should be under a duty to inform the victim of her right to a counsel
before being interrogated. .
4) A list of lawyers willing to act in these cases should be kept at the police station.
5) Advocates shall be appointed by the Court on an application by the police at the
earliest, but in order that the victim is not questioned without one, the Advocate
shall be authorized to act at the police Station before leave of the Court is sought or
obtained.
6) In all rape trials, anonymity of the victim must be maintained. .
7) It is necessary to setup Criminal Injuries Compensation Board with regard to the
Directive Principles contained under Article38(1) of the Constitution of India as some
victims also incur Substantial losses. .
8) Compensation for the victims shall be awarded by the Court on the conviction of the
offender and by the Criminal Injuries Compensation Board- whether or not a
conviction has taken place. The Board will take into account pain, suffering, shock as
well as loss of earnings due to pregnancy and child birth if this accrued as a result of
rape.

Justice R.C.Lahoti (Retd.) suggested the following principles to be kept in mind by the
judges to achieve the goal of gender justice:
.
1. A judge must be informed of the historical and cultural background in which the
women have lived over the ages and understand their feelings and have regard to
their needs as a class; .

2. Because the women are weaker sections of the society, a judge must strike a balance
in his approach in dealing with any issue related to gender, or where a woman is
victim, in such a way, that the weaker are not only treated as equals but also feel
confident that they are equals; .
 33

3. A judge must treat women with dignity and honour and inculcate confidence in
them by his conduct, behaviour and ideology whenever they come to him as victims
or seekers of justice; .

4. Judge should not allow them to be harassed and certainly do not do anything
himself which may amount to harassment of a woman; and

5. Lastly he should make efforts to render a woman victim quick, speedy, cheaper and
effective justice ;true to its meaning. .

He also mentioned few courtroom tips which he himself followed as a trial court
judge and also as a member of the higher judiciary. These are:

⮚ Women to be treated with courtesy and dignity while appearing in the court. Any
comment, gesture or other action on the part of anyone in or around the courtroom
which would be detrimental to the confidence of the women is to be curbed with a
heavy hand.
⮚ Any gender bias is carefully guarded against in the courtroom and this protection
should be extended to any female present or appearing in the court either as a
member of the staff or as party or witness or member of legal profession. A message
should clearly go that any behaviour unbecoming of the dignity of woman shall not
be tolerated by the court.
⮚ Court proceedings involving women must begin on time and proceeded with in an
orderly manner and with dispatch so that they are concluded as expeditiously as
possible avoiding the need for repeated appearance of women in the court.
⮚ The examination and cross-examination of women witnesses, in particular in cases
relating to violence against women shall be conducted under the supervision of the
presiding judge with such care and caution as to avoid prolixity and any harassment
to the witness.
⮚ The female members of the Bar need to be encouraged in the profession, maybe by
giving assignments as Court Commissioners for inspections and recording statements
of witnesses.
⮚ Preference may be given to female lawyers in the matter of assigning legal aid work
or amicus curiae briefs so that they have more effective appearances in courts.
⮚ Crime against women ought to be dealt with on priority basis so as to be decided
finally at an early date lest the delay should defeat the justice.
I think that these suggestions can go a long way in addressing issues of violence
against women.
 34

CONCLUSION

Physical, sexual and psychological violence strikes women in epidemic proportions

worldwide. It crosses every social and economic class, every religion, race and ethnicity. From
domestic abuse to rape as a weapon of war, violence against women is a gross violation of their
human rights. Not only does it threaten women's health and their social and economic
well-being, violence also thwarts global efforts to reduce poverty.
 35

Violence is, however, preventable. Although no silver bullet will eliminate it, a combination
of efforts that address income, education, health, laws and infrastructure can significantly reduce
violence and its tragic consequences. First and foremost, abusive behaviour towards women
must be viewed as unacceptable. Communities need to have an important role in defining
solutions to violence and providing support to victims. And men must be engaged in the process
too, as agents of change standing alongside women to end violence.
If the world does not address the issue, it stands to suppress the enormous potential of
women and girls. When they feel safe, when they are empowered, women and girls can be
game-changers. The catalyst for the next great innovation. The leaders of a more just world. The
driving force behind stronger economies.
Violence against women in India is an issue rooted in societal norms and economic
dependence. Discriminatory practices are underlined by laws favoring men. Inadequate policing
and judicial practices deny female victims proper protection and justice. Although female
participation in public life is increasing and laws have been amended, India still has a long way to
go to make Indian women equal citizens in their own country.

REFERENCE
⮚ Crimes against women and protective laws –Shobhana Saxena, Publishedby Deep
and Deep Publications Pvt LTD.
⮚ Crimes against women and the law-DrSurinder Mediratta, Published by Delhi Law
House.
⮚ Gender issues in development, Concerns for the 21st century-Baswati Das and Vimal
Khawas, Published by Rwat Publications.
⮚ Gender Justice , Under Indian Criminal Justice System-Prof. (Dr) Rajasekharan Nair,
Published by Eastern Law House.
 36

⮚ Law and Gender Inequality-Flavia Agnes, Published by Oxford 6. www.elsevier.com

⮚ GENDER VIOLENCE IN INDIA A Prajnya Report 2010
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