WOMEN AND THE LAW
Position and role of women in Indian Society
in traditional Indian society, the social role of women has been
primarily as a wife and mothers. In recent years, there has been a shift in the
social role of women in India. Family: Women are the key to sustainable
development not only in the family but in various segment of society. In
conclusion, women have been making a significant contribution to modern Indian
society in various fields, including politics, education, business, social
services, arts and culture, sports, aerospace, journalism and media, science
and technology, literature, entertainment, philanthropy, spiritual and
religious fields. Women have all the rights and privileges in every area
as possessed by the men. The Constitution of India has given equal rights,
privileges and freedom that are enjoyed by the men for years. Even after
various exploitation against women, they are now feeling much emancipated and
free.
Factors Responsible For Increasing Violence Against Women In India
1.
Patriarchal
Mindset and Gender Stereotype:
2.
Lack of
Education:
3.
Dowry System:
4.
Traditional and
Cultural Practices:
5.
Insensitivity of
law enforcement machinery:
6.
Financial
Dependence:
Crimes against women and gender injustice
1 DOMESTIC
VIOLENCE
The home is often equated with a sanctuary, a place where
individuals seek love, safety, security and shelter. For some women, the home
is a place that imperils lives and breeds some of the most drastic forms of
violence perpetrated against girls and women. Violence is usually perpetrated
by males who are, or who have been in positions of trust and intimacy and power
e.g. husbands, fathers, fathers-in law, stepfathers, brothers, uncles, sons, or
other relatives.
The Protection of Women from Domestic Violence Act (PWDVA),
2005[14] defines domestic violence as any act, omission or commission or
conduct of the respondent, which includes threat or actual abuse.
2 SEXUAL
HARASSMENT AT WORK PLACE
Sexual harassment is when one person subjects another person to an
unwelcome act of physical intimacy like grabbing, brushing, touching, pinching,
eve teasing, makes an unwelcome demand or request directly or by implication
for sexual favors from another person, shows a person any sexually explicit
visual material, in the form of pictures/cartoons/pin-ups/calendars/
screensaver version computers/any offensive written material / pornographic
e-mails or any other form of unwelcome conduct of a sexual nature, eve teasing,
jokes likely to cause awkwardness or embarrassment, innuendos, sexist remarks.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013 was passed with the objective of providing protection to the women at
workplace. This statute superseded the Vishakha Guidelines for prevention of
sexual harassment introduced by the Supreme Court of India. Every employer is
required to constitute an Internal Complaints Committee at each office or
branch with 10 or more employees. The Act covers students in schools and
colleges as well as patients in hospitals, employers and local authorities will
have to set up grievance committees to investigate all complaints.Any aggrieved
woman may file a complaint in writing to the Internal committee/ Local
Committee within 3 months from the date of incident or the date of the last
incident in case of a series of incidents. The victim can also file a complaint
with Police under Indian Penal Code 1860 under Sections 294,354, 354A, 509.
3 DOWRY
RELATED VIOLENCE
A
dowry death is the murder or suicide of a
married woman caused by a dispute over her
dowry. In some cases,
husbands and in-laws will attempt to extort a greater
dowry through
continuous harassment and torture which sometimes results in the wife
committing suicide. The majority of these suicides are done through
hanging, poisoning or
self-immolation.
Bride burning, a form of dowry death, occurs when a woman is set on fire. To
curtail the growing incidents of dowry torture and dowry death , a new Section
was incorporated into Indian Penal Code , that is, Section 498A .According to
this Section, whoever being husband or relative of husband of a woman ,
subjects her to cruelty shall be punished with imprisonment for a term which
may extend to three years and fine. Cruelty herein means any willful conduct
that is likely to drive a woman to commit suicide or to cause grave injury or
danger to her life, limb or health ( whether physical or mental_) of the woman
Or harassment to force her to meet any unlawful demand for any property or
security or on failure to meet the demand. Later, Section 198A was added to
the Criminal Procedure Code in 1983. In 2005, the
Protection of
Women from Domestic Violence Act was passed, which added to
protect women from dowry harassment. Section 304B was added to the
Indian Penal Code, 1860 (“IPC”),
which made
dowry death a
specific offence punishable with a minimum sentence of imprisonment for 7 years
and a maximum imprisonment for life.Further, under Section 4 of the Dowry
Prohibition Act, 1961 a demand for Dowry is an offence wherein demand is made
at the time of or even after marriage even where no cruelty is involved .
4 RAPE
Rape is one of the most heinous atrocities committed on a woman in our society
.It is known to be the fourth most common crime against women in India.Rape
takes place if a man has sexual intercourse i.e, penetrates his penis, to any
extent, into the vagina, mouth, urethra or anus of a woman or makes her to do
so with him or any other person; or inserts, to any extent, any object or a
part of the body, not being the penis, into the vagina, the urethra or anus of
a woman or makes her to do so with him or any other person; or manipulates any
part of the body of a woman so as to cause penetration into the vagina,
urethra, anus or any part of body of such woman or makes her to do so with him
or any other person; or applies his mouth to the vagina, anus, urethra of a
woman or makes her to do so with him or any other person, under the
circumstances falling under any of the following seven descriptions:—
1.
Against her will.
2.
Without her
consent.
3.
With her consent,
when her consent has been obtained by putting her or any person in whom she is
interested, in fear of death or of hurt.
4.
By getting her
consent by pretending to be her husband.
5.
When she does not
understand the nature and consequences of what she has consented to because of
unsoundness of mind or under the influence of alcohol.
6.
With or without
her consent, when she is under eighteen years of age.
7.
When she is
unable to communicate consent.
A rape victim can file an FIR in the local police station under
following Sections of Indian Penal Code.
1.
376-Punishment
for Rape
2.
376A-Punshment
for causing death or resulting in persistent vegetative stage of victim.
3.
376B- Sexual
Intercourse by Husband upon his wife during separation
4.
376C- Sexual
Intercourse by Person in Authority
5.
376D-Gang Rape
5 HONOR
KILLING
An
honour killing is a murder of a family
member who has considered to have brought dishonour and shame upon the family.
Examples of reasons for honor killings include:
1.
The refusal to
enter an arranged marriage.
2.
Committing
adultery.
3.
Choosing a
partner that the family disapproves off.
4.
Becoming a victim
of rape.
Village caste councils or
khap panchayats in
certain regions of India regularly pass death sentences for persons who do not
follow their diktats on
caste or
gotra.
6 FEMALE
INFANTICIDE
Female infanticide is the selected killing
of a newborn female child or the termination of a female fetus through
sex-selective abortion.
In India, there is incentive to bear a son due to their role in
providing security for the family in old age and conducting rituals for
deceased parents and ancestors. Conversely, daughters are viewed as a societal
and economic burden. An illustration of this is the practice of dowry. The
apprehension of being unable to afford a socially acceptable dowry and facing
social ostracism can result in female infanticide in economically disadvantaged
families
7 OUTRAGING
MODESTY
Violence against women related to modesty encompasses assaults
intended to outrage a woman's modesty and insults to the modesty of women such
as forcefully undress her or pressing her breasts etc.
This is punishable under section 354 of IPC
8 CHILD MARRIAGE
Child marriage prevention Act 2006
9 HUMAN
TRAFFICIKING AND FORCED PROSTITUTION
The
Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for
prevention of trafficking for commercial sexual exploitation.
tugy
December 16, 2024 at 7:40 AM