INTRODUCTION

"O Lord why you have not given woman the right to
conquer her destiny Why does she have to wait head
bowed, By the Roadside, waiting with tired patience,
hoping for a miracle in the morrow?"
- Rabindranath Tagore

Women in India have always been a matter of

concern. Society considers women as second class
citizens. Centuries have come, and centuries have
gone, but the plight of women is not likely to change.
Time has helplessly watched women suffering in the
form of discrimination, oppression, exploitation,
degradation, aggression, humiliation. Violence against
women is not just a women's rights issue but a
human rights issue. Many women, victims of violence
against women, live in fear of pain and death. They are
isolated, often lacking in self-esteem. The official
statistics showed a declining sex-ratio, health status,
literacy rate, work participation rate and political
participation among women. While on the other hand
the spread of social evils like dowry deaths, rape, child
marriage, domestic violence, sexual harassment, acid
attack, exploitation of women workers are rampant in
different parts of India. Violence against women in its
various forms is a violation of human rights, the very
nature of which deprives women of their ability to
enjoy fundamental freedoms. It is a serious obstacle to
equality between women and men. Violence against
women remains hidden in the culture of silence. The
causes and factors of violence against women include
entrenched unequal power relations between men
and women that foster violence and its acceptability,
aggravated by cultural and social norms, economic
dependency, poverty and alcohol consumption etc.

Violence against women is a pervasive issue that

continues to plague societies around the world,
including India. Despite efforts to address this
problem, women in India still face various forms of
violence, including domestic violence, sexual assault,
and dowry-related violence. This paper aims to analyze
the current state of violence against women in India,
using recent data and statistics to shed light on the
extent of the problem.
(1)

ABSTRACT
Violence against women is a serious violation
of the human rights of women and is main barrier to
womens' empowerment and equal participation in
society. India has enacted many legislative and
constitutional provisions and many progressive plans
to improve the position of women. But there is still no
end to violence against women. Violence against
women is partly the result of gender relations that
men perceive as superior to women. Given the inferior
status of women, much of gender violence is taken
into account normal and enjoys social sanction. Today
people live in the so-called civilized and democratic
society which is based on the principles of equality
and freedom for all. As India is a patriarchal society,
women's position, prestige, power etc. are generally
determined and dominated by men. Violence against
women causes misery and suffering to the victims
and their families and imposes a massive burden on
society.

Violence against women causes suffering and

misery to victims and their families and places a heavy
burden on societies worldwide. It mostly happens
within intimate relationships or between people
known to each other. Violence against women is a
social construction based on a societal consensus
about the roles and rights of men and women. Two
prevalent forms of violence against women are
physical and sexual victimization by an intimate
partner, and sexual victimization outside intimate
relationships. Explanations of why men engage in
aggressive behavior toward women address different
levels, including the macro level of society, the micro
level of dyadic interactions, and the individual level of
perpetrator characteristics. Prevention efforts are
needed that address each of these levels.

OBJECTIVES

1. Raising awareness: Educate communities about

the causes and consequences of violence against
women.
2. Preventing violence: Implement programs to
address the root causes of violence against women.
3.Supporting survivors: Provide services to help
survivors of violence, such as legal aid, counseling, and
shelters.
4. Empowering women: Provide women with skills
and resources to help them participate in society.
5. Advocating for change: Advocate for laws and
policies that protect women's rights.

(2)

VIOLENCE AGAINST WOMEN IN INDIA

India is perceived as one of the world's most

dangerous countries for sexual violence against
women. Rape is one of the most common crimes in
India. Criminal Law (Amendment) Act, 2013 defines
rape as penile and non-penile penetration in bodily
orifices of a woman by a man, without the consent of
the woman. Like rape, eve-teasing, honour killings,
stalking etc.

India ranks 128th out of 177 countries on the

Women, Peace and Security Index (WPS). The WPS is
a tool that assesses countries' security, justice, and
inclusion for women.

Why India ranks low on the WPS?

➡ Violence against women: India has a high rate of
political violence against women, and is among the
countries with the highest number of such incidents.
➡ Discrimination: India has a low score for education,
employment, and parliamentary representation for
women.
➡ Gender ratio: India has the sixth-worst score for the
ratio of boys to girls born.

Other statistics on women's safety in India:

Between 2018 and 2022, crimes against women in
India increased by 12.9%. In 2022, 66.4 crimes against
women were reported per 100,000 women in India.
The majority of crimes against women are cruelty by
the husband or his relatives.
THE TIMES OF INDIA
This story is from May 11, 2022
Nearly 1 In 3 Women Have Suffered Spousal Sexual,
Physical Violence: Family Health Survey
➡ Sexual harassment complaints at India Inc rise by
79% in last 5 years.
(3)

HARASSMENT

J. Jayalalithaa, the former Chief Minister of Tamil

Nadu. As a female leader in a male-dominated political
environment, Jayalalithaa faced sexist remarks,
political bullying, and public humiliation.
One of the most infamous instances of public
harassment was in 1989 when DMK leader Durai
Murugan allegedly pulled her saree, and she left the
assembly in tears, comparing the incident to the
disrobing of Draupadi in the Mahabharata. After being
humiliated and physically attacked in the Tamil Nadu
Legislative Assembly, she vowed: "I will return to this
Assembly as the Chief Minister, and no one will be
able to touch me then." In the 1991 Tamil Nadu
elections, She fulfilled her promise by becoming the
first female Chief Minister of Tamil Nadu with a full
majority.

Harassment refers to unwanted and inappropriate

behavior that causes distress, fear, or discomfort to
someone. It can take many forms, including:
1. Verbal Harassment: Insults, threats, offensive jokes,
or unwelcome comments.
2. Physical Harassment: Unwanted touching,
intimidation, or physical assault.
3. Sexual Harassment: Unwelcome sexual advances,
inappropriate gestures, or comments.
4. Cyber Harassment: Online bullying, threats, or
spreading false information.
5. Workplace Harassment: Discrimination, bullying, or
unfair treatment at work.
Harassment cases in India have spurred significant
legal and social reforms over the years. Below is an
overview of the subject, notable cases, and legal
frameworks in place.

In India, harassment covers a range of

behaviors, including sexual, verbal, physical, and cyber
harassment. Cases often occur in workplaces, public
spaces, and online platforms. Public outcry and
high-profile cases have led to strengthened legal
measures and increased public awareness about the
issue.

Notable Cases

The Nirbhaya Case (2012):

One of the most widely known incidents was the
brutal gang rape and murder of a young woman in
Delhi. This case sparked nationwide protests and led
to major changes in how sexual crimes are addressed.
It accelerated amendments to the Indian Penal Code
(IPC) and led to the introduction of stricter penalties
for sexual offenses.
Vishaka Guidelines (1997):
Although not a single "case" in the traditional sense, a
series of legal battles led to the formulation of the
Vishaka Guidelines by the Supreme Court of India.
These guidelines provided a framework for addressing
sexual harassment at the workplace until
comprehensive legislation was enacted. They remain a
landmark in the fight against workplace harassment.

Legal Framework

Indian Penal Code (IPC):

Various sections of the IPC (such as Sections 354,
509, and others) are used to prosecute cases of sexual
harassment, assault, and other related offenses.

Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act, 2013:
This law specifically targets harassment in workplaces,
mandating the formation of internal complaints
committees and providing a structured process for
redressal.

Information Technology Act:

Used in cases involving online harassment,
cyberstalking, and defamation, this act helps address
issues arising from the digital age.

Judicial Precedents:
The Supreme Court and various high courts in India
have played a critical role in interpreting these laws
and setting precedents that further protect victims.
Decisions arising from cases like the Vishaka
guidelines have been pivotal in shaping the current
legal landscape.
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RAPE
Rape is the fourth most common crime against
women in India. According to the 2021 annual report
of the National Crime Records Bureau (NCRB), 31,677
rape cases were registered across the country, or an
average of 86 cases daily, a rise from 2020 with
28,046 cases, while in 2019, 32,033 cases were
registered. Of the total 31,677 rape cases, 28,147
(nearly 89%) of the rapes were committed by persons
known to the victim. The share of victims who were
minors or below 18 – the legal age of consent – stood
at 10%.

The government also classifies consensual sex

committed on the false promise of marriage as rape.
Most rapes go unreported in India, although the
willingness to report rapes may have increased in
recent years, after several incidents received
widespread media attention and triggered local and
nationwide public protests. This led the government
to reform its penal code for crimes of rape and sexual
assault.

According to NCRB 2021 statistics, Rajasthan reported

the highest number of rapes among Indian states,
followed by Madhya Pradesh and Uttar Pradesh.
Among metropolitan cities, the national capital of
Delhi continued to have the highest incidence of rape
at 1,226 cases in 2021, while Jaipur had the highest
rape rate (34 per 100,000 population). Kolkata had the
least number of registered rape cases .

On 9 August 2024, a 31-year-old female postgraduate

trainee doctor at R. G. Kar Medical College and
Hospital in Kolkata, West Bengal, India, was raped and
murdered in a college building. Her body was found in
a seminar room on campus. The incident amplified
debate about the safety of women and doctors in
India, and has sparked significant outrage, and
nationwide and international protests.

Kolkata, West Bengal

Kolkata, also popularly referred to as the 'City of Joy', is
positioned at the top of the list in terms of women's
safety. This impressive city consists of an alert and
quick-acting police force as well as an empowered
community, which are the two most important
aspects when it comes to creating a safe and secure
environment for women while also ensuring an overall
protected and easygoing space for the citizens. And
so, Kolkata is one of the most suitable cities in India to
experience life with assurance and convenience, be it
working, studying, or growing up.

MARITAL RAPE
(The Licensed Rape)

As per World Health Organization (WHO)

findings about 1 in 3 (35%) women worldwide have
experienced either physical or sexual intimate partner
violence or non-partner sexual violence in their
lifetime. Violence against women -particularly intimate
partner violence and sexual violence- is a major public
health problem and a violation of women's human
rights. Globally, 38% of murders of women are
committed by a male intimate partner. Violence can
negatively affect women's physical, mental, sexual and
reproductive health, and may increase the risk of
acquiring HIV in some settings.Marital rape refers to
non-consensual sexual intercourse between spouses.
While many countries recognize it as a crime, India
does not criminalize marital rape if the wife is above 18
years of age. This exception in Indian law has sparked
significant debate on women's autonomy, consent,
and human rights.

Out of 1750 women, 230 (13%) reported experiencing

one or more forms of spousal violence within the last
3 months (current violence). Sexual violence was the
least reported form of violence, which can be
attributed to stigma or the highly specific definition of
sexual violence incorporated in this study.

Marital rape is not explicitly criminalized under Indian

law. Exception 2 of Section 375 of the Indian Penal
Code (IPC) states that forced sex by a husband on his
wife (above 18 years of age) is not considered rape.
However, if the wife is below 18 years, it is considered
statutory rape, as per a Supreme Court ruling in 2017.

Causes of Marital Rape

Marital rape is a result of multiple social, psychological,
legal, and cultural factors. Below are some key causes:
1. Patriarchal Mindset & Gender Inequality
- In many societies, including India, marriage is seen as
giving husbands control over their wives' bodies.
Women are often expected to be submissive, leading
to the normalization of forced sex within marriage.
2. Lack of Legal Protection
- In India, the legal system does not explicitly
criminalize marital rape (IPC Section 375 Exception 2).
The absence of legal consequences emboldens
perpetrators and leaves victims without recourse.
3. Misconceptions About Marriage & Consent
- Many people believe that marriage automatically
implies lifelong sexual consent. Cultural and religious
norms often discourage women from refusing sex to
their husbands, even when they are unwilling.
4. Male Dominance & Control
- Some men use sex as a means of control and
dominance over their wives. Marital rape is often
linked with domestic violence, emotional abuse, and
coercion.
5. Social Stigma & Fear of Speaking Out
- Women fear being shamed or blamed for refusing
sex. Families and communities often discourage
women from reporting marital rape, considering it a
"private matter."
6. Economic Dependence of Women
- Many women in India rely financially on their
husbands, making it difficult to resist or escape
abusive marriages. The fear of losing financial security
or children's custody forces many to stay silent.
7. Alcoholism & Substance Abuse
- Alcohol and drug abuse are major contributors to
marital rape. Under the influence, some men become
aggressive and force their wives into non-consensual
sex.
8. Lack of Awareness & Education
- Many women do not even recognize marital rape as
a violation of their rights. Lack of sex education and
discussions around consent further perpetuate the
problem.
9. Ineffective Law Enforcement & Judicial Delays
Even where some laws (like domestic violence laws)
exist, police often hesitate to act in marital cases.

Marital rape is deeply rooted in cultural, legal,

and social factors. Addressing it requires legal reforms,
gender sensitization, economic empowerment of
women, and a shift in societal attitudes toward
consent and marital rights.

DOWRY SYSTEM

The Dowry system in India has been running for

a long time. It is the money that is given during
marriage to the boy or their family, even property can
also be included in dowry. The system of dowry
started from ancient times like during marriage the
money will be given to the groom so that he can take
proper care of his bride, it was used to honour both
sides of the family. As the time changes dowry still
remains in the society but its significance keeps
changing with time. Nowadays, the dowry system is
becoming like business for some castes. Dowry
system is becoming a burden for the bride's family.
Many times if demand is not fulfilled for the boy's side
then the marriage is abruptly cancelled as a result of
this failure. If we see it in our Asian country, then
dowry is becoming more important for the groom's
side, mainly in countries like India.

To end this heinous social practice, the government

has made a law to refrain people from taking dowry
under the Act of 1961. Whatever money or property
given by the bride side they should accept but it
never followed. Many places we come to know that
because of not doing so on the groom's side the girls
are harmed in such a way that sometimes even it
leads to death. Some people even think dowry is like
crime, it's illegal and they never ask anything from the
bride's family. In India, everyone speaks and
progresses for women's rights and says 'Beti Bachao
Beti Padhao' but a girl even after achieving everything
in her life; where she starts taking care of her family
but even then she can't escape the shackles of dowry.
Some time because of dowry which is mostly
prevalent among the below poverty line people they
kill their daughters after they are born or before their
birth in the mother's womb itself so that they can
escape dowry. Since they know after growing up and
educating her, they still need to give dowry in order to
get her married. However, one fails to understand that
it is not a daughter's fault for which she is being
wrongfully punished but the fault of the society that
allows such practices even after so many years of
independence.

Here are some numbers related to dowry in India:

Dowry deaths: In 2022, there were about 6,400
reported dowry death cases in India.
Dowry Prohibition Act cases: In 2018, there were
12,826 cases registered under the Dowry Prohibition
Act. In 2019, there were 13,307 cases, and in 2020,
there were 10,366 cases.
Dowry harassment deaths: In 2011, the National Crime
Records Bureau reported 8,618 dowry harassment
deaths. Unofficial figures indicate that the actual
number is at least three times higher.
In 2022, reported dowry death cases in India
amounted to nearly 6.4 thousand. This was a gradual
decrease from the 2014, in which this number was
approximately 8.5 thousand.

DOMESTIC VIOLENCE

Domestic violence refers to any form of

abuse-physical, emotional, psychological, sexual, or
financial-within a household, usually involving partners
or family members. It is a serious social issue that
affects people of all genders, though women are
disproportionately impacted.

The National Crime Records Bureau reveal that a crime

against a woman is committed every three minutes, a
woman is raped every 29 minutes, a dowry death
occurs every 77 minutes, and one case of cruelty
committed by either the husband or relative of the
husband occurs every nine minutes. This occurs
despite the fact that women in India are legally
protected from domestic abuse under the Protection
of Women from Domestic Violence Act. In India,
domestic violence toward women is considered as any
type of abuse that can be considered a threat; it can
also be physical, psychological, or sexual abuse to any
current or former partner. Domestic violence is not
handled as a crime or complaint, it is seen more as a
private or family matter In determining the category
of a complaint, it is based on caste, class, religious bias
and race which also determines whether action is to
be taken or not.

Many studies have reported about the prevalence of

the violence and have taken a criminal-justice
approach, but most woman refuse to report it. These
women are guaranteed constitutional justice, dignity
and equality but continue to refuse based on their
socio-cultural contexts. As the women refuse to speak
of the violence and find help, they are also not
receiving the proper treatment. Dowry In 1961, the
Government of India passed the Dowry Prohibition Act
making dowry demands in wedding arrangements
illegal.
Types of Domestic Violence:
1. Physical Abuse-Hitting, slapping, choking, or any
form of bodily harm.
2. Emotional/Psychological Abuse - Insults, threats,
gaslighting, or manipulation.
3. Sexual Abuse - Forced sexual activity or coercion.
4. Financial Abuse - Controlling finances, preventing
work, or economic exploitation.
5. Verbal Abuse - Constant criticism, humiliation, or
threats.
Laws and Support Systems in India:
Protection of Women from Domestic Violence Act
(PWDVA), 2005- Provides protection, residence rights,
and financial support for victims.Section 498A
IPC-Criminalizes cruelty by a husband or his family
towards a wife. National Commission for Women
(NCW)- Supports women facing violence. Helplines:
Women's helpline (1091), Domestic violence helpline
(181).