Introduction
From womb to tomb, women in India are subjected to various forms of violence.
Crime is defined as an action or omission which constitutes an offence and is punishable by law. Despite the fact that women might be victims of any general crime such as murder, robbery, or cheating, only crimes intended exclusively targeting women, i.e., gender specific crimes, are recognized as "crimes against women." Most typically, these acts are committed by men as a result of the long-standing gender inequalities present in the country and the deep-rooted ideas about male superiority which enable men to freely exercise unlimited power over women's lives and effectively legitimize it too. In India, societally approved rape and sexual assault are not unusual. It has been showed time and again that Indian males claim ownership of women's bodies because families think that in Indian society, a woman lives as an appendage to some guy in her life - her father, brother, son, or spouse. Many people still feel that if a woman crosses an invisible line, where her behaviour is viewed as extreme and undesirable, she is exposing herself to sexual assault.
According to the National Crime Records Bureau of India, a crime against a woman is committed every three minutes.
Classification of laws
The Indian judicial system lays down various provisions for protection and prevention of women against crime. Various new laws have been introduced, as well as changes to existing laws have been made, in order to effectively combat these offences.
A critical analysis of the various women specific crimes
1. Rape- criminalised under Section 376 of the IPC. Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a woman without her consent. The incidences of rape can be classified into a number of categories for instance date rape, gang rape, marital rape, incestual rape, child sexual abuse, prison rape, acquaintance rape, war rape and statutory rape. However, legal provisions haven’t been made for marital rape in India and since it isn’t criminalised, the women who are victims of it have no remedy whatsoever. In 2019, the country had recorded 88 rape cases every day according to the National Crime Records Bureau (NCRB) data. However, the conviction rate is as low as 27.8%. This means, out of 100 accused, only 28 gets convicted. The judgement is often delayed as seen in Nirbhaya rape case wherein justice was given after 7 years of struggle. Measures are being taken to improve this system of delayed justice.
2. Assault on Woman with Intent to Outrage Her Modesty criminalised under Sec. 354 IPC, is widened by the insertion of Section 354 A- Sexual harassment and punishment for sexual harassment, Section 354 B- Assault or use of criminal force to woman with intent to disrobe, Section 354 C- Voyeurism, Section 354 D- Stalking.
(i) Sexual harassment can be explained as behaviour characterized by the making of unwelcome and inappropriate sexual remarks or physical advances in a workplace or other professional or social situation. The supreme court of India, in Vishaka and others v State of Rajasthan case in 1997, laid down guidelines to be followed by establishments in dealing with complaints about sexual harassment. A total of approximately 82,422 cases were filled under the above-mentioned provisions as of 2015.
(ii) Voyeurism is an act of watching any other person, in such condition when such person is engaged in a private act and expects not to be observed by anybody. It includes watching any person in situations of changing clothes in a trial room or any private room, etc., whether in a public or private place, wherever, there is a reasonable expectation of not being watched. It was introduced in the Indian Penal Code, 1860 through the Criminal Law (Amendment) Act, 2013 which relates to sexual offences.
(iii) Stalking is an act of uninvited repeated observation or surveillance by an individual or group of people toward any person. The behaviour of stalking includes repeatedly following a person or watching them, attempting to secure personal interaction or attention, spying and monitoring. As a result, the victim's safety and privacy are jeopardised. It can create emotional discomfort, trauma, and panic in the stalked individual in the long term. In 2013, the Criminal Law Amendment Act was introduced by the Justice Verma Committee and the amendments were made to the Indian Penal Code, introducing stalking as an offence punishable under the IPC.
3. Domestic violence in India includes any form of violence suffered by a person from a biological relative, but typically is the violence suffered by a woman by male members of her family or relatives. The same is criminalised under Section 498A of the IPC. The most recent legislation is the Protection of Women from Domestic Violence Act (PWDVA) 2005 is a civil law which includes physical, emotional, sexual, verbal, and economic abuse as domestic violence.
4. Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry, making the women's homes the most dangerous place for them to be. The same is criminalised under section 304B of the IPC. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 196. According to the National Crime Records Bureau (NCRB) 2019 data for IPC cases, a woman becomes a victim of dowry death roughly every one hour.
5. Trafficking of humans involves men, women and children from one place to another, often placing them in conditions of forced labour. It's a heinous assault on human security, and it's spreading all across the nation. The same is prohibited under law contained in the Constitution of India,1950; the Immoral Traffic (Prevention) Act, 1956; the Indian Penal Code, 1860 and the Juvenile Justice Act, 2000. More than 600 women and 180 children go missing every hour in India as of 2018.
Current Scenario
Due to the nationwide lockdown the rate of crime has seen a sharp rise. Crime against women in the Capital increased by 63.3% in the first six months of 2021 as compared to 2020. During the first four phases of the COVID-19-related lockdown, Indian women filed more domestic violence complaints than recorded in a similar period in the last 10 years. But even this unusual spurt is only the tip of the iceberg as 86% women who experience domestic violence do not seek help in India. Between January 1 and June 15 this year, the Delhi police registered 833 cases of rape and 1,022 of molestation, up significantly from the 580 rapes and 735 molestation cases filed in the same period last year.
Conclusion
Although the rights and laws provided by the government are self-evident and legally protected, they do not instantly implement themselves. No-number of laws and legislations are going to protect the women until the thinking that is deeply rooted in the societies change. The Indian state may make many laws that protect women. However, none of this means much unless law enforcement agencies actually implement the law. At this point, it can be said that women’s rights are legally expanding yet the societal trends which normalise violence against women remain intact.
The author is a student of Govt Law College, Mumbai.