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Violence Against Women in India UPSC: Causes, Forms, and Solutions | Sociology Optional for UPSC Civil Services Examination | Triumph IAS

Violence against women in india, (relevant for sociology optional for civil services examination).

Paper 2: Unit-13: Soical Changes in India; Challenges of Soical Transformation 

Table of Contents Toggle Violence Against Women in India (Relevant for Sociology Optional for Civil Services Examination) Violence Against Women in India Various Forms of Violence Against Women in India Life cycle of women and associated violence:         Factors associated with Violence Against Women in India CONSEQUENCES OF VIOELNCE AGAINST WOMEN Brahmanical Patriarchy  Suggestions to control Violence Against Women in India Frequently Asked Questions: Related Blogs … Why Vikash Ranjan’s Classes for Sociology? Choose The Best Sociology Optional Teacher for IAS Preparation? Find More Blogs…

  • Violence Against Women in India is a form of gender-based violence that inflicts physical, sexual, psychological, social, cultural, and economic harm on women within society . This includes acts of violence, threats of such acts, as well as coercive or arbitrary denial of women’s freedom and liberty. Such violence occurs in both the public sphere and the private sphere of the family, and it is a deeply entrenched concept encompassing a wide range of abuses.
  • It is associated with ‘force’ whether overt or covert used to wrest from a woman something that she does not want to give of her own free will, which causes her either physical injury or emotional trauma or both.
  • According to Schuler , gender violence is defined as “ any act involving use of force or coercion with intent of perpetuating and promoting hierarchical gender relations.”
  • Liz Kelly has defined Violence Against Women in India as “any physical, visual, verbal or sexual act that is experienced by the woman or girl at the time or later as a threat, invasion or assault, that has the effect of hurting or disregarding or removing the ability to control one’s own behaviour or an interaction, whether this be within the workplace, the home, on the streets or in any other area of the community”.
  • Violence affects the lives of millions of women worldwide, in all socio-economic and educational classes. It cuts across cultural and religious barriers, impeding the right of women to participate fully in society. Violence Against Women in India varies from domestic abuse, female feticide, dowry death and rape to child marriages and female circumcision. All are violations of the most fundamental human rights.

Various Forms of Violence Against Women in India

Violence Against Women in India is multifaceted, encompassing various levels of harm, including:

  • Psychological Violence : This form of violence targets a woman’s mental and emotional well-being. It involves tactics such as yelling, insults, mockery, threats, abusive language, humiliation, harassment, contempt, and deliberate emotional neglect or isolation.
  • Physical Violence : The most visible and direct form of violence ranges from physical acts like pushing, shoving, hitting, beating, using weapons, torture, mutilation, and even murder.
  • Sexual Violence : Sexual violence includes any non-consensual sexual activity forced upon a person. It covers a spectrum from harassment and unwanted sexual touching to rape, and may also encompass incest.
  • Financial Violence : This form of violence involves various tactics aimed at gaining control over a woman’s finances, inheritance, or employment income. It can include preventing a partner from working outside the home or engaging in activities that promote financial independence.
  • Spiritual Abuse : Spiritual abuse seeks to destroy an individual’s cultural or religious beliefs through ridicule or punishment. It can involve forbidding the practice of one’s personal religion or forcing women and children to adhere to religious practices that are not their own.
  • Intimidation : Intimidation as a form of violence includes making women fearful through looks, actions, gestures, property destruction, or displaying weapons.
  • Isolation : Isolation is used as a means of control, limiting a woman’s social interactions, restricting where she goes, and whom she sees.
  • Using Privilege : This form of violence involves using one’s privilege to exert control. Abusers may treat women or children as servants and insist on having the final say in all matters, rigidly adhering to traditional gender roles.

It’s important to note that Violence Against Women in India can manifest in subtle ways, not just through overt acts of physical harm. Contemptuous gestures, lewd remarks, obscene gestures, whistling, or leering can also leave lasting emotional scars. These forms of violence often overlap and are not mutually exclusive. Furthermore, Violence Against Women in India can take the form of deprivation, neglect, or discrimination, not solely relying on physical aggression. For example, intimate partner violence may involve sexual abuse, isolation, neglect, and psychological manipulation in addition to physical harm.

Life cycle of women and associated violence:        

Pre natal Female foeticide,
Infancy natal inequality in form of neglect in terms of care and nutrition,
Childhood child marriage, child sexual abuse , forced drop out from educational institutions, child pornography , incest violence
Adulthood patriarchal s=discrimination and associated psychological violence , sexual harassment at work place , marital rape, forced pregnancies and abortions, rape , dowry related violence , courtship violence , trafficking and prostitution
Old age physical violence and feminisation of elderly population and widowhood related inequality,lack of entitlement of property they are in state of poverty and distress

Factors associated with Violence Against Women in India

  • Patriarchal structures: The Violence Against Women in India is usually a manifestation of unequal power relations between men and women due to patriarchal structures present in society.
  • Socialization : the socialization of male and female kids based on norms conforming to patriarchy.  Patriarchal norms perpetuate an environment where Violence Against Women in India is tolerated and normalized. Societal expectations of women’s submissiveness contribute to their vulnerability . Nishi Mitra has studied domestic violence in India. She has found that socialization that leads to the powerlessness of women can ultimately result in violence against them.
  • Cultural Beliefs and Practices: VEENA DAS says that the cultural enslavement of women is responsible for Violence Against Women in India. Deep-rooted cultural beliefs that reinforce women’s inferiority contribute to violence. Practices such as child marriage, dowry, and honour killings uphold oppressive gender roles.
  • Caste and gender intersectionality :
  • Kalpana Kannaviran believes that the single most important arena for the gendering of caste occurs in the arena of sexuality. The desire to regulate female sexuality has led to a considerable ritual preoccupation with female purity in the caste societies of Sri Lanka and India. Predictably, male sexuality is not ritualised in the same way.
  • The commodification of women in the marriage market in patriarchal, patrilined caste society goes hand in hand with prescriptions for women’s behaviour and restrictions on their mobility, the dispossession of women in property and inheritance matters, and their absence in local level political and decision making bodies. The entire complex constituting the construction of gender in caste society is a construction that radically devalues the status of women in these societies.
  • Economic Inequality: Socioeconomic disparities limit women’s access to resources and opportunities, making them more susceptible to various forms of violence, including economic exploitation and domestic abuse. Lack of excess to entitlements make women underclass and marginalised devoid of social, economic, cultural capital.
  • Socio Political Factors: women have very low representation in different spheres of politics. Even if they are represented in local self-government, women are not effective decision makers. Structures like Panch Pati arise to reinforce patriarchy. Similarly discriminatory orientation at the level of political parties is also clearly visible.
  • Weak Legal and Judicial Mechanisms: Inadequate enforcement of laws and limited access to justice fail to provide adequate protection and redress for victims of violence, emboldening perpetrators. Uma Chakarvoty says despite liberal legislations conditions of women remains unimproved because culture and patriarchal norms dominates statutory norms in day to day life. Madhu Kishwar and Ruth Vanita pose the women’s question by highlighting the incompatibility of Indian constitution law, violence, aggression and crimes against women .
  • Lack of Awareness and Education: Insufficient education and information hinder women’s ability to challenge oppressive norms. Women mostly end up in informal sector for employment, making them vulnerable to violence.
  • Absence of social justice: Ambedkar says absence of social justice highlights how caste-based discrimination and unequal power structures intersect with gender-based violence, exacerbating the vulnerability of Dalit women .
  • Environmental degradation: Vandana Shiva connects Violence Against Women in India to environmental degradation, emphasizing the link between patriarchy, resource exploitation, and gender-based violence.
  • Development induced displacement: Utsa Patnaik highlights how development induced displacement and rehabilitation plans have put tribal women in condition of sexual violence by contractors, hampering their cultural socialization.
  • Media and Popular Culture: Media often perpetuates harmful stereotypes and objectification of women, normalizing violence and contributing to a culture of victim-blaming. Kilbourne says media presents mannequin image of women. Therefore media creates anxiety among women about their bodies. It causes emotional abuse of women.

CONSEQUENCES OF VIOELNCE AGAINST WOMEN

  • Public Health Impact : Violence Against Women in India takes a toll on both physical and mental health, affecting their overall well-being. This includes a range of health issues, from physical injuries to mental health conditions like depression, suicidal ideation, and post-traumatic stress disorder. Additionally, it can lead to sexual dysfunctions . Access to healthcare and reproductive services may also become challenging for survivors.
  • Economic Ramifications : The economic consequences of Violence Against Women in India are significant. It leads to decreased productivity and efficiency as women may be unable to work due to physical injuries or emotional distress. Consequently, this hampers their participation in the workforce and financial independence.
  • Development Hindrance : Violence Against Women in India acts as a barrier to development and poverty alleviation. It impedes the equitable distribution of resources and opportunities, hindering women’s full participation in education and employment. Furthermore, it places a strain on law enforcement and judicial systems, resulting in substantial direct costs.
  • Social Implications : Violence Against Women in India restricts women’s involvement in the public sphere, which is crucial for personal and societal growth. It curtails their ability to make decisions related to family planning and childbearing . Discrimination and violence against marginalized groups, such as Dalit women, compound existing social inequalities.

According to Here are some of the key elements of Brahmanical patriarchy, as described by Chakravarti:

The foundation of Brahmanical patriarchy lies in the which is used to control women’s behavior and sexuality. Women’s economic dependence on men is another key element of Brahmanical patriarchy, as it reinforces their Women are often restricted to the domestic sphere, where Force and violence are used to maintain Brahmanical patriarchy, and are actively authorized and recommended in texts to control women who are deemed to have an essentially “lascivious” nature. Women are expected to prioritize their chastity and wifely fidelity above all else, and these ideals are reinforced through customs, rituals, and constructions of notions of womanhood in Indian mythology.

  Suggestions to control Violence Against Women in India

  • Gender neutral socialization should be focus of society. Gender-neutral socialization is an approach that challenges traditional gender norms and roles and promotes gender equality. By avoiding gender stereotypes, creating a more inclusive society, challenging gender norms, and promoting gender equality, gender-neutral socialization can help prevent gender-based violence and discrimination.
  • Judith Butler’s work on gender performativity underscores the socially constructed nature of gender. By challenging and deconstructing traditional gender roles, societies can work towards creating a more inclusive and equal environment , reducing violence rooted in gender norms.
  • Equal entitlement to men and women in family and society . Patriarchal entitlement creates discriminatory structures which not only perpetuates the hegemonic masculinity and violence but also prevent consciousness in women against exploitation and it becomes acceptable too. Implement policies that ensure equal pay for equal work and support work-life balance.
  • Capacity building of women and economic empowerment by creating equal opportunities for women.
  • Ranjana Kumari emphasizes the need for legal and policy reforms to combat Violence Against Women in India. She advocates for stronger legislation, improved enforcement, and better access to justice for survivors of gender-based violence.
  • Equal representation of women in various spheres of politics, effective participation in decision making process be that in bureaucracy, legislature or corporate.
  • Proper rehabilitation of women has been victims of violence. Along with it sensitization of concerned authorities is needed.
  • Establishment of cheaper and less formal courts–courts to handle only female cases. The scope of existing family courts should be enlarged to include all types of domestic and non-domestic problems of women. Judges, magistrates and lawyers with knowledge and interests in female matters should be appointed.
  • Strengthening and increasing voluntary organisation which could take up individual women’s problems with their in-laws, police, or the courts or the concerned individuals. Voice of an individual woman has less effect. Voices of women organised for a cause are more effective.
  • Collect data on the prevalence of gender-based violence and its intersections with other forms of discrimination. Use research findings to inform policy and program development’
  • Bell Hooks stresses the importance of challenging traditional notions of masculinity and femininity through education and media. She advocates for critical engagement with media representations to counter harmful stereotypes and promote healthy relationship.
  • Recognize and address the unique challenges faced by marginalized groups, such as Dalit women, in the context of gender-based violence. Ensure their representation in decision-making processes.

From challenging patriarchal structures to promoting gender-neutral socialization, enforcing laws, and ensuring equal representation, the path forward is illuminated. By embracing these insights and working collectively, we can create a society where women are empowered, protected, and free from violence. It’s a journey toward a more equitable and just world that demands our unwavering commitment and action.

Frequently Asked Questions:

  • Question: Define Violence Against Women in India and explain how it manifests in different forms.

Answer: Violence Against Women in India encompasses physical, psychological, and economic harm inflicted on women, including acts of force, coercion, and threats.

2. Question: Discuss the concept of Brahmanical patriarchy and its role in perpetuating gender-based violence in Indian society.

Answer: Brahmanical patriarchy is a social structure rooted in caste and gender hierarchies, idealizing female purity and enforcing economic dependence.

3. Question: What are the consequences of Violence Against Women in India on public health and economic development?

Answer: Violence Against Women in India leads to physical and mental health issues, decreased economic productivity, and hinders overall development.

4. Question: How can gender-neutral socialization contribute to preventing gender-based violence?

Answer: Gender-neutral socialization challenges traditional gender norms, promoting equality and reducing violence rooted in gender norms.

5. Question: Discuss the importance of equal representation of women in politics and decision-making processes in addressing gender-based violence.

Answer: Equal representation ensures women’s voices are heard and policies are enacted to combat violence.

6. Question: Explain the significance of collecting data on the prevalence of gender-based violence and its intersections with other forms of discrimination.

Answer: Data informs policy development and program implementation to address gender-based violence effectively.

7. Question: How can media and education play a role in challenging harmful gender stereotypes and promoting healthy relationships?

Answer: Media and education can counter stereotypes and encourage critical engagement with representations.

8. Question: Describe the role of voluntary organizations in addressing Violence Against Women in India and advocating for individual women’s rights.

Answer: Voluntary organizations provide support and amplify women’s voices for a collective impact.

9. Question: What steps can be taken to ensure proper rehabilitation and sensitization of authorities for victims of gender-based violence?

Answer: Rehabilitation programs and training for authorities are essential for effective support.

10. Question: How does Violence Against Women in India intersect with caste-based discrimination, and what measures can address this issue?

Answer: Caste-based discrimination exacerbates the vulnerability of Dalit women, requiring targeted interventions and representation.

Reference: Static Part 

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Protection of Women from Domestic Violence Act 2005

Last updated on February 20, 2023 by Alex Andrews George

Protection of Women from Domestic Violence Act 2005

Protection of Women from Domestic Violence Act 2005 is a major bill passed by the Indian Parliament during the UPA1 government regime (2005).

The law is crucial, as it helps in the protection of women from the violence, she faces in the place she lives in.

Table of Contents

Salient features of Protection of Women from Domestic Violence Act 2005

  • Includes physical and mental ill-treatment.
  • Primarily meant for the protection of wife or female live-in partners.
  • Law also extends to sisters, widows, or mothers.
  • Harassment in the form of dowry demands also included in this law.
  • Gives women the right to secure housing .
  • The court can also issue protection orders that prevent the abuser to harass the women by acts at her workplace.
  • The act proposes the appointment of protection officers and NGOs.
  • A breach of a protection order is a non-bailable offense.

Criticisms of Protection of Women from Domestic Violence Act 2005

  • Abused men not covered; this law is specifically for women.
  • Violence against women is often perpetrated by women herself – Eg: Mother-in-law/ Daughter-in-law.
  • Verbal abuse and mental harassment are subjective terms.

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Domestic Violence Against the Women

essay on domestic violence upsc

  • The Delhi High Court has stayed proceedings under the Protection of Women against Domestic Violence Act in a case where a man moved a local court accusing his wife of adultery, taking a prima facie view that protection under the DV Act is not available to the husband.

What is Domestic Violence?

  • Domestic violence can be described as the power misused by one adult in a relationship to control another. 
  • It is the establishment of control and fear in a relationship through violence and other forms of abuse. 
  • This violence can take the form of physical assault, psychological abuse, social abuse, financial abuse, or sexual assault. 
  • The frequency of the violence can be on and off, occasional or chronic.
  • Economic dependence has been found to be the central reason. Without the ability to sustain themselves economically, women are forced to stay in abusive relationships and are not able to be free from violence. 
  • the everyday realities, obstacles, prejudices, and fears that women experience around sharing and reporting experiences of violence
  • Crucially women did not want to be a ‘burden’ on others, in particular, their families.
  • Lack of information about alternatives also forces women to suffer silently within the four walls of their homes.
  • The economic distress faced by millions exacerbated the problem.

Prevalence in India 

  • The phenomenon of domestic violence is widely prevalent in India but remains invisible in the public domain. 
  • the latest round of the National Family Health Survey-5 (2019-21) reveals that 32% of ever-married women aged 18-49 year s have ever experienced emotional, physical, or sexual violence committed by their husbands, with more rural than urban women reporting experiences of domestic violence.
  • Despite almost a third of women being subject to domestic violence, the National Family Health Survey-5 (2019-21) reports that only 14% of women who have experienced domestic violence have ever sought help; and this number is much lower in the rural areas

Issues and Concerns

  • Violence against women is a problem across the globe and it is a violation of fundamental freedom and rights, such as the right to liberty and security
  • Despite the law existing on paper, women are still largely unable to access the law in practice. 
  • Its promise and provisions are unevenly implemented, unavailable, and out of reach for most Indian women.
  • Several States are yet to implement Protection officers. And where they are in post, they are under-resourced, under-skilled, and overworked, making their remit impossible.
  • It can have major short and long-term impacts on the physical and mental health of the victim, leading to substantial social and economic costs for governments, communities, and individuals.

Various Initiatives of Government 

  • Police’ and ‘Public Order ’ are State subjects under the Seventh Schedule to the Constitution of India. 
  • Maintenance of law and order, protection of life and property of citizens including prevention of domestic violence against women is primarily the responsibility of the State Governments and Union Territory Administrations .
  • The Government has ensured that their schemes of One Stop Centres (OSCs), Universalisation of Women Help Line (WHL), Ujjawala Homes, SwadharGreh, Emergency Response Support System (112) and various authorities under women-centric laws such as ‘The Protection of Women from Domestic Violence Act, 2005’, ‘The Dowry Prohibition Act, 1961’, ‘The Prohibition of Child Marriage Act, 2006’, etc. remain operational and available for providing assistance to women.
  •  The Government has also undertaken sensitisation programs for the concerned officials of States and UTs for this purpose.

Suggestions and Way Forward 

  •   Sharing experiences of violence is a powerful step for women, accessing services and support often resulted in uncertainty, fear, and disappointment.
  • As we talk about dealing with the effects of domestic violence, providing access to crisis helplines, creating awareness about the signs of abuse, training professionals working in this area, and creating the right support structures that can support victims is our collective responsibility. 
  • Concerted and co-ordinated multisectoral efforts are key methods of enacting change and responding to domestic violence at local and national levels.
  • The significance of informal and local community networks should be acknowledged in this regard. 
  • The survivors of domestic violence can be involved in program planning and implementation in order to ensure accessibility and effectiveness.

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Domestic Violence

  • December 2, 2022

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Context: On the International Day for Elimination of All Forms of Violence against Women (November 25), the brutal murder and mutilation of a young woman by her partner has drawn attention to intimate partner violence, also recognized under the Protection of Women from Domestic Violence Act 2005 (PWDVA) as a kind of domestic violence.

About Domestic Violence:

  • Abuse is physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.
  • This includes any behaviors that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure, or wound someone.
  • Domestic violence affects people of all socioeconomic backgrounds and education levels.
  • Domestic violence is a punishable offence under Indian law. It is a violation of human rights.

Domestic violence in India:

National Family Health Survey-5 (2019-21):

  • 32% of ever-married women aged 18-49 years have ever experienced emotional, physical, or sexual violence committed by their husbands, with more rural than urban women reporting experiences of domestic violence. This does not even capture the prevalence of violence by other family members too.
  • The NFHS- 5 reports that only 14% of women who have experienced domestic violence have ever sought help, and this number is much lower in rural areas.
  • So ingrained are social norms about gender inequality that NFHS-5 data reports that women are more likely than men to justify a scenario in which it is acceptable for a husband to beat or hit his wife.

Issues associated with domestic violence:

essay on domestic violence upsc

  • Despite the laws existing on paper, women are still largely unable to access the law in practice. Its promise and provisions are unevenly implemented, unavailable and out of reach for most Indian women.
  • the latest round of the National Family Health Survey-5 (2019-21) reveals that 32% of ever-married women aged 18-49 years have ever experienced emotional, physical, or sexual violence committed by their husbands, with more rural than urban women reporting experiences of domestic violence.
  • Despite almost a third of women being subject to domestic violence, the National Family Health Survey-5 (2019-21) reports that only 14% of women who have experienced domestic violence have ever sought help, and this number is much lower in rural areas.
  • Across many States, it is observed that the police were more likely to send women back to violent households to reconcile with the perpetrator or use violence against perpetrators as a deterrent instead of filing an official complaint or connecting women to protection officers and other service providers, as the PWDVA outlines they should.
  • Several States are yet to implement Protection officers. And where they are in post, they are under-resourced, under-skilled and overworked, making their remit impossible.
  • women did not want to be a ‘ burden’ on others, in particular their families . ‘
  • women believed that they would become a problem or a source of ‘tension’ for their families, bringing them shame and dishonour, irrespective of the survivor’s level of education, caste, or class.
  • The economic distress faced by millions due to the pandemic exacerbated the problem.

Role of the police :

  • Women who reported experiences of violence to the police were cynical about the outcome.
  • Though a small minority had positive experiences , for the majority of women, the police were part of the problem rather than a solution to violence.
  • Across the States, it is heard that the police were more likely to send women back to violent households to reconcile with the perpetrator or use violence against perpetrators as a deterrent instead of filing an official complaint or connecting women to protection officers and other service providers, as the PWDVA outlines they should.
  • Several States are yet to implement Protection officers and where they are in post, they are under-resourced, under-skilled, and overworked, making their remit impossible.

Governments Efforts:

  • It is a gender-specific law enacted to protect women against domestic violence
  • Further, the Criminal Law (Amendment) Act, of 2018 was enacted to prescribe even more stringent penal provisions including the death penalty for the rape of a girl below the age of 12 years.
  • The Government has set up the Nirbhaya Fund for projects for the safety and security of women , for which the Ministry of Women and Child Development is the nodal authority for appraising/ recommending the proposals/schemes to be funded under the Nirbhaya Fund.
  • In order to coordinate various initiatives for women’s safety, MHA has set up a Women Safety Division.
  • The government of India conducts awareness generation programmes and publicity campaigns on various laws relating to women and their rights through workshops, cultural programmes, seminars, training programmes, advertisements in print and electronic media etc.

Way Forward:

  • The intervention should begin by focusing on gender equality in education since the quality of education received by women has not equipped them to question the patriarchy.
  • the government should understand and recognise domestic violence of any form as a crime and not just a ‘family issue’ .
  • Trauma-informed institutional response , revamping of the support systems based on impact assessments and increasing the number of one-stop centres with adequate professionals are some of the other measures needed.
  • There is a need for sustained and intensified campaigns and the strengthening of institutions with wider representation.
  • Creating and publicising a directory of services which can be accessed by survivors and their relatives or friends with information and mobile numbers during a crisis.
  • Data and Information systems must be strengthened for better evidence-informed policy to address the issue of domestic violence in India.

Source: The Hindu

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Violence Against Women: RSTV – Big Picture

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Violence Against Women:- Download PDF Here

Anchor – Vishal Dahiya

Guests – Rekha Agarwal, Advocate, Supreme Court;

               Yogita Bayana, Women’s Rights Activist;

               Lalitha Kumaramangalam, Former Chairman, National Commission for Women;

              Jyoti Singhal, Deputy Secretary, National Commission for Women.

  • Every year, 25th November is observed as International Day for the Elimination of Violence Against Women and this year the theme is “Generation Equality Stands Against Rape”. 
  • Despite the safety and security of women having been accorded utmost priority by the Government in India and several steps taken over the years to tackle the issue, violence against women continues being an obstacle in achieving equality, development, peace, and fulfillment of women’s and girls’ human rights. 

How are Women Affected?

  • Apart from physical abuse, women suffer from emotional and mental abuse too. 
  • When it comes to the perpetrator of abuse, a segment of society that goes unnoticed is the family members. It demands a lot of courage for the woman to stand up against her own family.
  • Equality amongst both sexes in the present situation seems like a utopian idea.
  • The conditioning at homes and the inter-generational effect, of violence against women, is through the family. 
  • Social media influence, such as movies also paint a wrong picture of women,  and push young minds into confusing reality with the “life on screen”. 
  • For example, constant callings might be portrayed as the correct way to approach women in movies, but in reality, it is called stalking and is an offense according to the Criminal Amendment Act of 2013.
  • We all, as a society, as individuals and activists have to work towards curbing and finding solutions for this issue. 
  • Crime and violence against women are on the rise as indicated by the increase in the cases being reported. 
  • The sex ratio is indicative of the violence against the female foetus. 
  • According to a World Health Organization (WHO) report, one in every three women and girls experience physical or sexual violence in their lifetime, most frequently by an intimate partner. 
  • Rape is one of the social problems and the victims suffer from physical, mental, and emotional consequences and various other traumas which affect their life negatively.
  • The number of crimes committed against women increased by 6 percent according to the National Crime Records Bureau (NCRB) report of 2017. 94 percent of the rapes were registered under ‘Cruelty by Husband or Relatives.’ However, marital rape is not identified in India.
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act , 2013 protects women from sexual harassment at their place of work.
  • For every rape reported, there are many which go unrecorded as patriarchal mindsets remain unchanged despite the constitutional safeguards and positive affirmations.

Delay in the Justice System

  • Justice delayed is justice denied . Most of the crimes against women take a lot of time to be given justice and a resolution as there is a shortage of judges. The justice system often fails women, and they don’t report the complaint mostly.

Women get Tired of Waiting for Justice and Give up.

  • Delay in providing justice is another reason why men have a sense of impunity. 
  • In the NIRBHAYA case, a fast-track trial court sentenced four to death in September 2013, while the only juvenile accused was freed after a stint at a remand home. The Supreme Court dismissed their appeals against conviction in 2017; two years on, the convicts have filed curative petitions in the court and one has already written to the President of India for clemency.
  • The fundamental presumption is “Innocent until proven guilty.” Every citizen is liable to get their chance to prove their innocence.
  • The goal is to establish equality, which means both sides have to be analyzed in detail before pronouncing judgment to ensure the system is foolproof. 

Measures Taken and Spread of Awareness

  • The statistics show that even in Haryana, the sex ratio has gone up substantially in the last 6-7 years due to the campaign.
  • The police need to be sensitized as most women complain of police apathy. 
  • A program has been initiated for the gender sensitization and legal awareness of school students to help them understand such grave issues at a young age.
  • Legal awareness programs with stakeholders are also being conducted by the NCW, wherein they are taught about the legal rights of women.

Legal Rights and Laws

India has specially made laws for violence against women.

  • For example, the Domestic Violence Act , the Protection of Children from Sexual Offences ( POCSO Act ), and the POSH Act (for the protection of women from sexual offenses at the workplace) are some of the few laws for curbing violence against women.
  • It is known as “zero FIR” as seen in the Asaram case. 
  • The zero FIR can be filed irrespective of the jurisdiction.
  • Fast Track Courts to deal Rape Cases – Fast Track Courts have been set up for speeding up the trial process through so that the victims get speedy justice without undue delay.
  • Nirbhaya Fund: Nirbhaya Fund is a Rs.10 billion corpus announced by the Government of India in its 2013 Union Budget. This fund is expected to support initiatives by the government and NGOs working towards protecting the dignity and ensuring the safety of women in India.
  • Counsellors should be present in the police stations, especially in the violence against women’s cells as in the case of Delhi Police Stations.
  • However, those counsellors need to be warned against the pitfalls of their work, as they can also be subject to harassment, threats, and violence.
  • People in public services themselves have a skewed view of equity.
  • Unless there is mutual respect and equity amongst sexes, the number of cases reported might increase but the violence against women will not decrease.

Way Forward

  • The change will not come with just written laws but from the change in the way people think. 
  • While providing justice to women, the justice system must not be unjust to a man. Hence the decision should be made only after a detailed analysis of the case.
  • The issue also has to be discussed more often and not kept hidden in shadows as prevention is the best cure.
  • The education of children should be extended to society regardless of the income, city or even the suburb, to have some effect on the continuing violence against women.
  • Educating girls about good touch and bad touch as early as possible so that they are equipped to understand this sensitive issue. Self-defense classes should be introduced in school to enable the students to be aware of the dangers they may encounter.
  • Society has to realize and understand, the responsibility of a woman isn’t confined or limited to just being a good wife.
  • The pressure on law enforcement agencies to show records of falling crimes pushes them to not file FIRs. So, the police shouldn’t be kept under pressure.
  • Spread Awareness: People need to be educated about zero FIR, as most of the women and men are ignorant of the legal rights of women.
  • The law enforcement agencies need to be more empathetic. Most women report the police to be apathetic when they go to report issues of violence.
  • No one person can be held accountable. 
  • It requires the combined efforts of every citizen, every family and then the government to prevent such crimes from happening in the future. 
  • The government and laws cannot change society. Society has to change by itself. The efforts are very much in line with the Gandhian philosophy to being the change one wants.

Read previous RSTV articles here .

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Sansad TV: Acts & Facts- The Protection of Women from Domestic Violence Act, 2005

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Introduction:

An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto.

Violence against women- definition:

The Declaration on the Elimination of Violence Against Women issued by the UN General Assembly in 1993, defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.

Domestic violence:

  • Causing hurt, injury or danger to life, limb, health, safety or well-being, whether mental or physical.
  • Causing harm, injury, or danger to the woman with an intention to coerce her or any other person related to her to meet any demand for dowry.
  • “Physical abuse” includes hurt of any kind. Assault, criminal intimidation and criminal force.
  • “Sexual abuse” such as conduct of a sexual nature such as forced sexual intercourse, forcing the aggrieved person to watch pornography or other obscene material. Forcibly using woman to entertain others, any other act of sexual nature, abusing, humiliating, degrading or otherwise violative of one’s dignity.
  • “Verbal and emotional abuse” such as Accusation/aspersion on character or conduct. Insult for not brining dowry, Insult for not having a male child. etc.
  • “Economic abuse” such as not providing money for maintaining woman or her children Not providing food, clothes, medicine. etc, Forcing woman out of the house.

Who is covered under the Act?

  • The Act covers all women who may be mother, sister, wife, widow or partners living in a shared household. The relationship may be in nature of marriage or adoption. In addition relationships with family members living together as a joint family are also included. However, no female relative of the husband or the male partner can file a complaint against the wife or the female partner, for e.g. the mother-in-law cannot file an application against a daughter-in-law, but she can file an application against her daughter-in-law for abetting her son to commit violence against her.

Important observations made by the Court:

  • Alongside, the Court termed the 2005 law on protection of women from domestic violence as a “milestone”
  • Despite the 2005 law, offences against women is “rampant” in this country and they face “violence in some form or the other on almost every day”.
  • A woman resigns her fate to the never ending cycle of enduring violence and discrimination as a daughter, a sister, a wife, a mother, a partner or a single woman in her lifetime.
  • Non-retaliation by women against violence, coupled with the absence of laws addressing women’s issues, ignorance of the existing laws enacted for them and societal attitude makes them vulnerable.

Who can file a complaint?

  • Any woman who alleges to have been subjected to any act of domestic violence by the offender or any person may file a complaint on her behalf
  • A child is also entitled to relief under the Domestic Violence Act. The mother of such a child can make an application on behalf of her minor child (whether male or female). In cases where the mother makes an application to the court for herself, the children can also be added as co-applicants.

Against whom can a complaint be filed?

  • Any adult male member who has been in a domestic relationship with the woman
  • Relatives of the husband or the male partner
  • Includes both male and female relatives of the male partner

To whom can information be given or complaint be made?

  • Information may be given arid complaint can be made to a police officer/Protection Officer/Service provider (an NGO) or Magistrate.

Provision for shelter home and Medical Aid

An aggrieved person or on her behalf a Protection Officer or service provider can request to a person in charge of a shelter home or a medical facility to provide shelter or medical aid to her.

Who may file an application to the magistrate?

  • An aggrieved person or
  • A Protection Officer or
  • Any other person on behalf of the aggrieved person may present an application to the magistrate
  • It is the duty of the protection officer and the service provider to provide all assistance to the woman who is a victim of domestic violence.

Way Forward:

  • We need to provide children with greater parental guidance.
  • In families, there should also be a relationship of authority and respect between parents and their children.
  • Women should be respected at home. When women are respected at home, then children also learn about the importance of respecting women. Parents cannot treat their sons and daughters differently.
  • People should be made about Zero FIR.
  • The state has to work towards making people aware of laws like POCSO Act, Protection of Women from Domestic Violence Act etc. The state should also make the penalties of not abiding by these laws clear to the public.
  • Gender-sensitization programmes should also be started for males of family, police personnel, medical fraternity etc. Police apathy, especially when a woman approaches the police should be worked upon.
  • Encourage and adopt family focused practices that promote equal access for both girls and boys to high quality education, and ensure opportunities to successfully complete schooling, and to making educational choices

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Make Your Note

SC on Crimes and Violence Against Women

  • 16 Oct 2020
  • GS Paper - 1
  • Women's Issues
  • Social Empowerment
  • GS Paper - 2
  • Issues Related to Women
  • Judgements & Cases
  • Government Policies & Interventions

Why in News

Recently, the Supreme Court has said that crimes against women continued in a “never-ending cycle” in India.

  • The judgement dealt with the statutory scheme of the Protection of Women from Domestic Violence Act, 2005. It has allowed women fighting domestic violence cases the right to reside in the ‘shared household’ even if her husband had no legal right to the house and the same was owned by the father-in-law or mother-in-law.
  • Section 2(s) of the domestic violence act defines “shared property”, as the property owned by a woman’s husband, or by the joint family of which the husband is a member.
  • Reversed Earlier Judgement: The court reversed the law held by a previous decision of the Supreme Court in December 2006 in SR Batra v Taruna Batra where on similar facts, it refused permission to the wife to continue staying in her husband’s house as it was owned by her mother-in-law. This part of the ruling was held wrong in law as it did not give full meaning to the 2005 act.
  • The National Family Health Survey-4 (2015-16) (NFHS-4) suggests that 30% women in India in the age group of 15-49 have experienced physical violence.
  • Less than 40% of women who experience violence seeking help of any sort or reporting the crime.
  • Less than 10% of those women seeking help go to the police.
  • Non-Retaliation,
  • Absence of laws addressing their rights comprehensively.
  • Ignorance of the existing statutes.
  • Societal attitude, stigma and conditioning also made women vulnerable to domestic violence and these are the main factors for under-reporting of cases.
  • This set of circumstances ensured that a majority of women preferred to suffer in silence, not out of choice but of compulsion.

Acts of Domestic Violence

  • Physical violence, such as slapping, hitting, kicking and beating.
  • Sexual violence, including forced sexual intercourse and other forms of sexual coercion.
  • Emotional (psychological) abuse, such as insults, belittling, constant humiliation, intimidation, threats of harm, threats to take away children.
  • Controlling behaviors, including isolating a person from family and friends, monitoring their movements and restricting access to financial resources, employment, education or medical care.

Way Forward

  • The increase in violence against women should be dealt with urgently with measures embedded in economic support and stimulus packages that meet the gravity and scale of the challenge and reflect the needs of women who face multiple forms of discrimination.
  • Grassroots and women’s organizations and communities need to be supported strongly in their current frontline role.
  • Helplines, psychosocial support and online counselling should be boosted, using technology-based solutions such as SMS, online tools and networks to expand social support, and to reach women with no access to phones or internet.
  • Police and justice services should ensure that incidents of violence against women and girls are given high priority with no impunity for perpetrators.

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COMMENTS

  1. Protection of Women from Domestic Violence

    Protection of Women from Domestic Violence

  2. Violence Against Women

    Why in News? National Crime Record Bureau report shows stark increase in violence against women in India in the forms of dowry deaths, acts of sexual harassment, torture, rapes and domestic violence.. Violence against Women. The United Nations defines violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or ...

  3. Violence Against Women

    Globally as many as 38% of all murders of women are committed by intimate partners. In respect of India. According to the most recent data from the National Crime Records Bureau (NCRB), in comparison to prior years, there has been a 15.3% increase in crime against women in 2021.. Most of the cases of violence come from "Cruelty by husband or his relatives'' (31.8 percent) which is ...

  4. Persistent Issue of Violence Against Women in India

    The National Family Health Survey-5 found that nearly one-third of women aged 15-49 in India have experienced some form of violence. Types of Crimes: The most common crimes include cruelty by husbands or in-laws (31.4%), kidnapping and abduction (19.2%), assault to outrage modesty (18.7%), and rape (7.1%).

  5. PDF Domestic Violence against Women

    Dominating Behaviour. Domestic Violence may start when one partner feels the need to control and dominate the other. Low self esteem, extreme jealousy, difficulties in regulating anger and other strong emotions or when they feel inferior to the other partner in education and socio-economic background. Drug Addiction.

  6. Protection of Women from Domestic Violence Act, 2005

    Domestic Violence Act was enacted in 2005 to protect the rights of women and save them from becoming victims of abuse or violence of any kind. Read on the definition and types of domestic violence, features of the Domestic Violence Act. Download PDF for UPSC 2023 Preparation.

  7. Violence Against Women in India UPSC: Causes, Forms, and Solutions

    Factors associated with Violence Against Women in India. Patriarchal structures: The Violence Against Women in India is usually a manifestation of unequal power relations between men and women due to patriarchal structures present in society. Socialization: the socialization of male and female kids based on norms conforming to patriarchy.. Patriarchal norms perpetuate an environment where ...

  8. Protection of Women from Domestic Violence Act 2005

    Salient features of Protection of Women from Domestic Violence Act 2005. Includes physical and mental ill-treatment. Primarily meant for the protection of wife or female live-in partners. Law also extends to sisters, widows, or mothers. Harassment in the form of dowry demands also included in this law.

  9. [RSTV Summary] THE BIG PICTURE

    [RSTV Summary] THE BIG PICTURE - VIOLENCE AGAINST WOMEN Introduction: Every year 25th November is observed as International Day for the Elimination of Violence Against Women and this year the theme is Generation Equality Stands Against Rape. Violence against women continues to be an obstacle to achieving equality , development , peace and … Continue reading "[RSTV Summary] THE BIG PICTURE ...

  10. Domestic Violence Against the Women

    Domestic violence can be described as the power misused by one adult in a relationship to control another. It is the establishment of control and fear in a relationship through violence and other forms of abuse. This violence can take the form of physical assault, psychological abuse, social abuse, financial abuse, or sexual assault.

  11. UPSC Issue at a Glance

    UPSC Issue at a Glance is a new initiative of UPSC Essentials to focus your prelims and mains exam preparation on an issue that has been in the news. Every Thursday, cover a new topic in Q&A format and don't miss MCQs, Points to Ponder and key takeaways. Also, don't forget to check the answers of MCQs towards the end of the article. This week's topic is Violence against Women.

  12. Violence/crime against Women

    Violence/crime against Women

  13. Protection of Women from Domestic Violence Act, 2005

    This article will delve into the nuances of the Protection of Women from Domestic Violence Act, 2005, which is a crucial component of the IAS Exam . This subject is beneficial for both GS Paper I (to comprehend Indian society) and GS Paper-II of the UPSC Syllabus . Candidates can explore additional important acts related to women's rights and ...

  14. Elimination of Violence Against Women (RSTV)- Notes for UPSC Exam

    This article on the Elimination of violence against Women will help you to prepare for the Prelims and the Mains paper of the UPSC IAS/IPS exam. This article on Testbook will discuss in a detailed way the background of gender violence in India, its causes, challenges, policies regarding the elimination of violence against women, its impact, and ...

  15. Domestic Violence

    Domestic violence can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse is physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that frighten, intimidate, terrorize ...

  16. Domestic violence, how can we control it?

    5. Preventing women from becoming self-supporting. Domestic violence has physical, mental and emotional effects on women and children. This has an impact on women's work and decision making ability. The direct impact of this violence can also be seen in the family on mutual relations and on neighbors and children.

  17. Violence Against Women: RSTV

    Equality amongst both sexes in the present situation seems like a utopian idea. Violence against women starts at home. The conditioning at homes and the inter-generational effect, of violence against women, is through the family. Women are brought up with the mentality of dedicating themselves to the family.

  18. Domestic violence, how can we control it?

    Domestic violence has been deeply rooted in our society for centuries, be it domestic abuse or a domestic violent act. It is astonishing that even in today's world, where we have civilised and modernised ourselves, where we have moved towards liberalism, where we have accepted prominent changes in the society, however we still lag behind in ...

  19. Domestic Violence During Lockdown

    Impact of Lockdown on Domestic Violence in India. Under Reporting of the Cases: The National Commission of Women has recorded 291 complaints of domestic violence in March 2020 and is now only receiving complaints via email. However, actual reported cases may be quite low. With curtailed mobility and a police force being engaged in ensuring that ...

  20. :: Drishti IAS Coaching in Delhi, Online IAS Test Series & Study Material

    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 ...

  21. Sansad TV: Acts & Facts- The Protection of Women from Domestic Violence

    Introduction: An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto. Violence against women- definition: The Declaration on the Elimination of Violence Against Women issued by the UN General … Continue reading "Sansad ...

  22. The Legal Action For Domestic Violence In India

    Protection of Women against Domestic Violence Act, 2005. It is the Indian Parliaments Act to safeguard women from Domestic Violence. This Act prohibits a broad range of sexual, physical, economic, and emotional abuse defined under this Act. It ensures security for women from men in the family. The Act's extent covers not just the safety of ...

  23. Main Answer Writing Practice

    Mains Practice Questions. Q. Domestic abuse is one among many other social challenges posed by the conditions created by the pandemic. Discuss (250 words) Define the term violence against women with an emphasis on domestic abuse. Establish the link between the recent surge in domestic violence cases and COVID-19.

  24. SC on Crimes and Violence Against Women

    Why in News. Recently, the Supreme Court has said that crimes against women continued in a "never-ending cycle" in India. Key Points. Judgement: The judgement dealt with the statutory scheme of the Protection of Women from Domestic Violence Act, 2005. It has allowed women fighting domestic violence cases the right to reside in the 'shared household' even if her husband had no legal ...