Women issues: Violence against Women

Violence against Women

"We can't all succeed when half of us are held back. We call upon our sisters around the world to be brave-to-embrace the strength within themselves and realise their full potential"

Malala Yousafzai

"Justice delayed is justice denied"

"Justice hurried is justice buried"

According to NCRB (National Crime Report Bureau) from 2018 to 2019, violence against women is increased by7.3%.

• Maximum events of violence against of women - UP followed by Rajasthan
• Domestic violence accounts for 30.9% out of all violence against women.

Impact of Covid-19 on Violence against Women 

Covid-19 → incidence of violence further aggravated. That's why Covid is also known as 'Shadow Pandemic'.

According to Thomson Router Survey, India is the most dangerous nation for the women in the world.

Causes of violence against women 

1. Institutionalisation of Patriarchy
2. Different process of Socialisation
3. Economic dependence of women
4. Objectification and Commodification of women
5. Problem of Cultural lag
6. Globalisation (Corruption of value system, increase incidences of cross border crimes, etc)
7. Institutional weaknesses (lack of stringent laws, lack of proper enforcement, gender insensitive attitude of various stakeholders, etc)
8. Lack of certanity (poor convection rate)

Despite stringent laws crimes against women are increasing because - 

1. Poor convection rate, i.e., delay in judicial proceeding.
2. Lack of awareness among women with respect to safety mechanism.
3. Fear of stigmatization (Kalank), which results into lack of reporting.
4. Lack of attitudinal change in the society.
5. Gender biasness with respect to law enforcement agencies.
6. Corruption of moral values.
7. Broken window theory - If someone commit a pity offence at an early stage of life for which he/she is not reprimanded, then the chances of committing heinous offence at the later stage of life is very high.
8. State fails to provide adequate infrastructure to the female victims.
• In this respect, Ministry of Law and Justice will establish 1023 Fast track special courts for 1 years for speedy disposal of POSCO and Rape cases.
9. Problems of inadequate budget/lack of fund.

Way forward/Suggestions 

Short term solutions (for immediate result)  -

1. Strict enforcement of laws
2. Quick disposal of cases through Fast track courts
3. Strick patrolling and vigilance at night
4. Training of women in self defence
5. Promote the idea of community policing and mohalla committees
6. Few social innovation such as Mahila police volunteers, All mahila police station, One stop centre, etc.
7. Regulation of public transport
8. Setting up of helplines or mobile apps

Long term measures -

1. Regular upgradation of data to evaluate the successful implementation of existing provisions.
2. Active participation of SHGs, NGOs, Civil societies to ensure check and balance.
3. Lack of responsible journalism and over sensationalisation of news needs to be corrected. Hence, self-regulation by media is the need of the hour.
4. Moral over-hauling of the society.
5. Engage with men and boys as change agent
• For example - He for She campaign
6. Convergence approach is the need of the hour
• For example - Multi sectoral linkages between health sector, Social welfare sectors, Legal aid, etc.
7. Capacity building of the institution to make them more compassionate (Gender sensitisation of all the stakeholders).

State cannot be held responsible for social change all the time and no group (women, dalit, tribe, etc) how so ever weak it is, is always a victim.

For that the community participation is the need of the hour.

"Be the change you wish to see in the world"

Gandhi ji

"Law determines the direction in which society should move however it is the family and culture which determines the direction in which society actually moves"

Andre Beteille

PYQs 

Despite increase in legal provision violence against women is on the rise. Discuss.

Sexual Harassment - 

Victimisation of women at the work place along with the patriarchal mindset has led to decline in female labour force participation.

According to FICCI, 36% of Indian company have not established internal complain committee (ICC) and 25% of MNCs have not established ICC. Also, 70% of women do not report the case due to social ostracisation.

As a result, Supreme Court has observed Sexual Harassment Act as a 'Toothless Tiger'.

Sexual Harassment Act 2013 - It clearly defines what constitutes sexual harassment. It includes -

1. Quid pro quo (demanding favour for job/promotion)
2. Hostile work environment (sexual remake/comment)

It is also mentioned in IPC - Section 354(a).

It also clearly defines what constitutes aggrieved women, i.e., irrespective of their status (employment status), age, client, customer, domestic workers, etc all are included.

It also clearly gives the definition of workplace. It includes both formal and informal sector.

With respect to formal sector, there is a provision for establishing/constituting ICC and with respect to informal sector, there is a provision for constituting local complain committee (LCC). Presiding officer has to be women in both ICC and LCC and while investigating the case they has the power of a Civil court. 

The complain must be filed within 90 days and within 60 days actio has to be implemented.

There is also a provision for counter inquiry in case of false complain.

Ministry of Corporate affairs on the request of Ministry of women and child development had made it mandatory for the company to submit annual audit report to Board of directors.

The offence under Sexual Harassment is bailable and non-congnigible.

Reason why women still did not file complain -

1. Fear of social ostracization
2. Stigmatization of issue
3. Women is associated with the prestige of the family and filing complain might lead to the withdrawal of women from the labour market by their family which negatively impacted the financial independence of women.
4. Lack of awareness with respect to grievance redressal mechanism.
5. Sometimes, women would not know what constitute sexual harassment (lack of awareness about what constitute sexual harassment).

Ministry of women and child development has launched an online portal known as SHe-Box (Sexual Harassment e-Box) for online complain of Sexual harassment cases.

Internal complain committee (ICC) 

• Women at senior level would be the presiding officer.
• Atleast 2 members are from legal field and 1 member from any NGO working for women.
• Atleast 50% of total membership would be women.

Local complain committee (LCC) 

• Chairperson would be any women from eminent field.
• Atleast 1 member from block/taluka/ward/municipality and 2 members from NGO working for women (1 from women and 1 from SC/ST community).

Domestic Violence 

Ministry of Statistics and Program Implementation (MoSPI) → Maximum incidences of violence against women constitutes Domestic Violence. 

The same is reiterated by NCRB and National Family Health Survey Report 4.

To address the crises of domestic violence, Domestic Violence Act was passed.

Domestic Violence Act 

• Domestic violence act clearly defines what constitutes domestic violence. It includes both actual abuse and threat of abuse. 
• Physical abuse
• Verbal abuse
• Sexual abuse
• Financial abuse
• Emotional abuse
• It is a civil act.
• The aggrieved women has Right to housing, custody of child and maintenance.
• If the women feels his life is in threat and apply for protection, and once the protection order is issued and then if the men (husband) breaches the protection order, then it becomes a criminal offence, which is cognizible and non-bailable (1 year of imprisonment and/or 20000 fine).
• Women included under domestic violence
• Single women
• Wife
• Mother
• Sister
• Widow
• Live-in Partner
• Divorced wife
• The recent amendment removed the word 'Adult Male' and now the aggrieved women can file complain against any men or women and even against a juvenile.

Criticism of Domestic violence amendment act -

• Now husband can file counter complain against the wife through other female member (mother or sister).
• Incorporation of juvenile (as it is dealt by Juvenile delinquency act)
• There is no criminal provision in the act hence it will not deal with juvenile justice board and it mostly deals with the financial maintenance which can be only claimed against an adult.

Issues with domestic violence -

1. Nuclear family are more prone to domestic violence.
2. Illiteracy and economic dependence are one of the reason of domestic violence.
3. Lack of awareness with respect to grievance redressal mechanism.
4. Changing socio-economic relations especially in urban areas which challenges the male hegemony and traditional division of labour.
5. Marriage is considered as a sacred institution and divorce/separation is considered as a taboo.
6. Violence against young widows in rural areas.
7. Cultural acceptance of domestic violence.
8. Internalisation of patriarchy by women.

UNDP's Gender Social Norm index suggests that 28% of women accepted beating wife by husband is ok.

Domestic violence during Covid 

• With restricted mobility, women have become more vulnerable vis-à-vis physical, sexual and emotional abuse.
• WHO says, "Disaster disrupts social and physical environment that would normally kept violence contained".
• Health care staffs, police are overwhelmed and understaffed.
• Shortage of funds
• Domestic violence shelters are closed.

All these led to an increase in the incidences of domestic violence.

Government measures -

1. Channalising one stop centre
2. NCW has launched a WhatsApp number along with helpline and email option.
3. Initiative by UP
• 'Suppress corona not your voice' campaign
• Community radio program
• Bell Bajao (calls on men and boys to take stand against domestic violence)
4. Initiative by Maharashtra
• 'M Power 1 on 1' to report incidence of domestic violence
5. NGOs like Stree Mukhti Sangathan helping women via free counselling and use of online facility for reporting crime.
6. Judicial intervention - 
• Jammu and Kashmir High court passes order for suo moto cognizance of domestic violence creating special fund and designating informal safe spaces for women to report cases without altering perpetrator.
• Delhi High court directed centre and state to take measures to protect women from domestic violence.

UN recommendations 

1. Increase investment in online services and civil society organisation.
2. Certainty of punishment needs to be ensured.
3. Setting up emergency warning system in pharmacies and groceries.
4. Declare shelter as essential service (during covid/pandemic)
5. Create safe ways for women to report cases.
6. Awareness generation especially targeted towards men and boys.

Gender violence and Covid-19 

• UN Women has called 'Rise in gender violence' a Shadow Pandemic.
• UN Agency for sexual and reproductive health estimated 31 million more cases of domestic violence worldwide if lockdown continued for another 6 months.

Gender dimensions of Covid-19

1. Economic aspect
• Loss of jobs
• Feminisation of poverty (as an estimate 12 Million people will be added to the list of poor)
• Disruption of SHGs (women SHGs)
2. Health aspect
• Increase incidences of malnutrition
• Maternal care is disrupted
• Disruption of health services
3. Domestic Violence
• Strict control over mobility
• Increase in sexual, physical, mental abuse
• Marital relation might get disturbed due to anxiety
• Disruption of support system
4. Miscllaneous
• Issues with respect to e-learning (increase in educational divide as only 29% women are using internet)
• Additional burden of domestic chores and increase in unpaid care responsibility
• Safety concerns have been avoided during the pandemic
• As an estimate 70% of the total migrants are women

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Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own. 

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