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Need For Legal Literacy & Violence Against Women
Introduction
“Law is a powerful tool – but only if it is understood well”.
India, the largest democracy in the world, has an emergent need for generating awareness
of rights as knowledge, so that people live in consonance with the true dictates of
democracy and rule of law.
Legal literacy is commonly understood as knowing the primary level in law. It deals with
the information about legal provisions and processes and is an elementary knowledge of
law.
Canadian Bar Association (1992, 23) defines legal literacy as the ability to understand
words used in a legal context, to draw conclusions from them, and then to use those
conclusions to take action.
Indian Scenario and Constitutional Mandates
Around 35% of India’s population is illiterate. Bulk of the illiterates is in the rural areas,
where social and economic barriers play an important role in keeping the lowest strata of
society illiterate.
Government programmes alone, however well intentioned, may not be able to break
barriers built over the centuries. Major social reformation efforts are required to bring
about a change in the rural scenario.
Article 39A of the Constitution of India directs the State to provide free legal aid with the
aid of suitable legislation or schemes, and also to ensure that opportunities for securing
justice are not denied to any citizen for reason of economic or other disabilities.
Obstacles
The absence of legal culture, and illiteracy are the main reasons for the large number of cases
in the courts. If a good citizen knows that an act is a crime punishable by law, he wouldn’t
have done it.
The Government is not taking proper action and remedying the hindrances. Moreover, it is
the duty and responsibility of the Government to educate the people of India to use the laws
that it passes.
Importance
The first step towards that knowledge of law, which can transform people's lives, is legal
literacy.
Lack of legal literacy “contributes to an environment of fear, surrounding negligence and
reliability.”
Women as well as men in every walk of life need Legal Literacy to protect themselves and
others.
Need for Legal Literacy in India and Elsewhere
1. It makes people aware about the political set-up of our country.
2. It tells us about the constitutional and legal rights and about our actions and social behavior.
3. It warns us about the crime and punishable activities under law.
4. Legal Literacy helps in seeking legal remedies against exploitation and injustice.
5. It makes us aware of several laws which have been enacted for the welfare protection and
security of the citizens.
6. It makes us responsible persons of a civil society.
7. It also helps in making a just and orderly society where everyone lives with honor and dignity.
8. It also helps the vulnerable groups in society, especially women, marginalized or
underprivileged groups to recognize their rights, and challenge injustices even more
forcefully.
9. Absence of legal literacy leads to the perpetuity of exploitation and victimization in many
fields.
10. It makes us responsible persons of a civil society and a society which is just and orderly,
where everyone lives with honor and dignity.
In short "legal literacy reminds us about our rights, duties and legal obligations towards
society."
Conclusion
Government programmes alone, however well intentioned, may not be able to break barriers
built over the centuries. Major social reformation efforts are required to bring about a change
in the rural scenario.
A concerted effort should be made to incorporate Legal Literacy in the school or college
curriculums, workers, women empowerment projects, Panchayat Raj Institutions, teachers,
nurses etc.
Electronic and print media should give more space to programmes propagating correct
information of law.
Combined efforts of the citizens as well as the government and unity and co-operation will
definitely play a major role in eradicating illiteracy and promote legal literacy.
Introduction
Woman in the Vedic age was enjoying a higher status. She was the nerve center of the domestic work
and was its empress. In spite of India’s reputation for respecting a woman, including treating her as a
Goddess, history tells us that, women were also ill-treated.
Since the past, women have generally been restricted to the role of a home-maker; that of a mother
and wife, despite major changes that have occurred in the status of women in some parts of the world
in recent decades.
Now-a-Days, violence affects the life of millions of women and girls in all socio-economic classes
around the world. It cuts across cultural and religious barriers and takes a variety of forms – physical,
sexual, psychological and economic. These forms of violence are interrelated and affect women from
before birth to old age.
Violence against women is largely unreported. Fear and stigma often prevent women from reporting
incidents of violence or seeking assistance.
Women who experience violence suffer a range of familial and health-related problems, and their
ability to participate in public life is diminished.
Certain Inequalities Women Face:
Culturally:
Gender specific specialization (work)
Cultural definition of appropriate sex roles
Expectation of role within relationship
Belief in the inherent superiority of males
Customs of marriage (Bride price/Dowry)
Notion of the family as the private sphere and under male control
Values that give proprietary right over women and girls.
Economically:
Limited access to cash and credit
Limited access to employment in formal and informal sector.
Limited access to education.
As a result of the cultural and economic factors, women face discrimination right from the childhood.
It is held that both in childhood and adulthood males are fed first and better.
Violence and its Effects on Women
a. Physical health : Abuse can often inflict serious physical injuries on women, resulting in health
problems like chronic pains, gastro-intestinal and sleep disorders, illnesses, and poor overall health.
b. Mental health: Battered women are vulnerable to depression, anxiety and even may over-react to
emotional stimuli, suffer from panic attacks and injure themselves or attempt suicide. They are also
less able to respond to their children. They are also at a great risk for Post-traumatic Stress Disorder
(PTSD), symptoms of which include nightmares, insomnia, numbness, hyper-vigilance, intrusive
thoughts, etc.
c. Sexual And Reproductive Health: Violence against women is associated with unintended
pregnancies, gynaecological problems, induced abortions, adverse pregnancy outcomes, including
miscarriage, low birth weight and fatal death. Sexually abused victims suffer from sexually
transmitted infections like HIV / AIDS.
d. Social and economical conditions: The victims of domestic violence may find that maintaining a
career is too difficult due to chronic frequent absenteeism. Many women find themselves unable to
work because of illnesses, injuries, or court appearances. Abused women often suffer with regards to
keeping their jobs. Divorce often destroys women’s respect in society, and they may also suffer from
poverty.
Crimes against women occur every minute; every day and throughout the year, though several
such crimes go unreported. According to National Crimes Records Bureau, Government of
India, over 32,000 murders, 19,000 rapes, 7,500 dowry deaths and 36,500 molestation cases
were the violent crimes against women during 2006. While Madhya Pradesh is worst off
among the states, the national capital New Delhi continues to remain the most unsafe city in
India.
Sati
The first serious challenge for the reformers was the problem of ‘widow immolation’ or ‘Sati’,
where Hindu widows climbed the funeral pyres of their husbands. Sati was never a religious
obligation, but it was believed that by burning herself on the funeral pyre, a widow sanctified
her ancestors, removed her husband’s sins and was believed to ascend to heaven. Strong social
pressures on the widow and their status among the Hindus helped the growth of Sati. Sati was
first abolished in Calcutta in 1798. Through the efforts of Raja Ram Mohan Roy and Lord
William Bentinck, a ban on sati was imposed in 1829 in the British territories in India. Yet, it
continues to exist, though at a low rate.
Widow Remarriage
Widows in India were not allowed participate in any religious and social functions. Their lives
were worse than death – shaved heads, no ornaments, socially outcast – this was their life.
That’s why many widows opted for Sati. The upper caste widows, esp. Hindus, were most
affected by the then prevailing customs. Attempts to make laws to facilitate remarriage of
widows by the British were opposed by the conservative Hindus, who held that remarriage of
widows “involved guilt and disgrace on earth and exclusion from heaven.”
Female Infanticide
A girl is considered a burden by parents. It is the inability to meet the dowry-related demands
from the in-law’s family that is a major cause for female infanticide. Since a girl child would be
going to her husband’s place upon marriage, the parents did not want to waste their resources
on her upbringing. Also, the demand for large dowry and the huge wedding expenses caused a
lot of hardship to the parents. So, the parents preferred a male child as they could get wealthy.
These considerations led to the practice of killing the girl child once she was born. The
practice of female infanticide was common among certain castes and tribes in India, especially
in the north and north-western states. It was particularly prominent among communities
which found it difficult to find suitable husbands for their daughters which would lead to
disgrace. Mothers, sometimes, kill their babies as an act of ‘mercy’ that they may be saved
from future excesses by husbands in the form of domestic violence or sexual abuse.
Female Foeticide
Technologies like amniocentesis and ultrasound used in most parts of the world, largely for
detecting foetal abnormalities, has been used in large parts of the Indian subcontinent for
determining the sex of the foetus so that it can be aborted, if it happens to be a female. The
information of the sex of the unborn was being extensively misused. To prevent female
foeticide and to restrict this misuse, the Prenatal Diagnostic Techniques (Regulation and
Prevention of Misuse) Act was passed on 20th September 1994. The Act forbids the
communication of the sex of the foetus, its enforcement is not easy. Since Independence, the
Constitution of India contains certain provisions that guarantee the welfare and development
of children. The Indian Penal Code also has defined infanticide as murder.
Rape and Custodial Rape
Rape is sex you don’t agree to, including forcing a body part or an object into your vagina,
rectum, or mouth.
Rape is the fastest growing crime in the country today and as many as 18 women are assaulted
in some form or the other every hour across India. Over the last few months cases of rapes and
assault have made it to the headlines with alarming frequency.
In the United States, national statistics indicate that a woman is raped every six minutes. Child
and adolescents rape are on the rise, about 58% are below 16 years. In recent years girl children
in the age group of 6-12 years have been more victimized.
For an affected woman, it is an ordeal to lodge a complaint with the police, who, adopt a most
unsympathetic attitude putting the complainant to further shame by asking her to give a
graphic description as to how she was sexually abused.
Rape can occur anywhere, even in the family, where it can take the form of marital rape or
incest. It occurs in the community, where a woman can fall prey to any abuser. It also occurs in
situations of armed conflict and in refugee camps and also in the case of women who are
drunk or drugged, where they have no control over themselves. In many cases, the rape victims
are also tortured and killed.
Custodial rape is extremely heinous since the offenders are supposed to be guardians of the
law. Witnesses refuse to testify against offenders or men in power, which makes it impossible
for the victim to get justice.
Harassment at Work Place
Whether out of choice or compulsion, most of the women who are involved in work in all vital sectors of
the country's economy may fall in the unorganized sectors. They are ill-paid but don’t leave the job due
to increasing unemployment. In the existing social scenario in India, vulnerability is a product of
inequality, low status and discrimination, and of the patriarchal authority unleashed on children,
especially the girl child.
Women and children are trafficked and exploited, and force to lead a life of indignity, social stigma, debt
bondage and a host of ailments including HIV/AIDS. Acute poverty and lack of employment
opportunities has been abetting an increased voluntary entry of women into sex work.
Acid Throwing
Surveys say that India is the fourth most dangerous place in the world for women to live in. Women
belonging to any class, caste, creed or religion can be victims of this cruel form of violence and
disfigurement, a premeditated crime intended to kill or maim permanently or a lesson to put a woman in
her place. In India, acid attacks on womenwho dared to refuse a man's proposal of marriage or asked for
a divorce are a form of revenge. Acid is cheap, easily available, and the quickest way to destroy a woman's
life. The number of acid attacks has been rising.
Violence against the Disabled
Women with disabilities are more likely to suffer domestic violence and sexual assault than non-disabled
women.
Like other women, disabled women are usually abused by a partner or a family member or a friend.
In addition, they face the risk of abuse by healthcare providers or caregivers who might threaten them.
Such people need to access someone they know, someone whom they trust, and also the police.
Violence against Immigrant and Refugee Women
An immigrant or refugee woman may face the same challenges as many of the abused women. She may
also be:
Made to lose face in her community.
Taught by her culture that family duty comes first.
Accused of leaving or failing her culture and background.
Lied to about her partner’s ability to have her deported and keep their children.
Told that, in the United States, the law says she must have sex with her partner.
Told that her abuser is allowed to hit her or use other forms of physical punishment.
In all such cases, always approach someone you know, who cares about you. Take help of the
police, and get your abuser arrested.
Eve Teasing / Stalking
Eve teasing is an act of terror that violates a woman’s body, space and self-respect, a way in which
a woman is made to feel inferior, weak and afraid. Whether it is an obscene word whispered into
a woman’s ear; offensive remarks on her appearance; an intrusive way of touching any part of a
woman’s body; a gesture which is perceived and intended to be vulgar: all these acts represent a
violation of a woman’s person, her bodily integrity.
Eve teasing denies a woman’s fundamental right to move freely and carry herself with dignity,
solely on the basis of her sex.
Some acts of eve-teasing are: indecent remarks, singing obscene songs, hitting, touching or
pinching in crowded places, snatching dupatta and in some cases even forced kissing, mailing
anonymous love letters and exhibiting male genitals in front of women.
There are no particular places where eve teasers congregate i.e., no place is really “safe” and
inviolate for women. Roads, buses, train, cinema halls, parks, beaches, even a woman’s home
and neighborhood may be sites where her self-worth is abused. It does not matter if a woman is
alone, with a friend, in a group, or sometimes even with another man. It can take place
anywhere, at anytime.
Domestic Violence
Incidence of domestic violence crosses all the barriers of class, income, culture and religion are in a
high under reported crime.
Domestic violence is one of the greatest obstacles to gender equality. It obstructs women to secure
their fundamental rights to equal protection under the law, and the right to life and liberty.
Domestic violence can be described as when one adult in a relationship misuses power to control
another through violence and other forms of abuse. The abuser tortures and controls the victim by
calculated threats, intimidation and physical violence. It includes not only inter-spousal violence,
but also violence perpetrated by other family members.
Although men, women and children can be abused, in most cases the victims are women.
Survey statistics indicate that between 16 and 52% of women have been assaulted by their
husbands/partners. This is an important cause of morbidity and mortality.
Such violence may also include rape and sexual abuse. Psychological violence includes verbal abuse,
harassment, confinement and deprivation of physical, financial and personal resources.
Sometimes, emotional abuse is more painful than the physical, as they harm women's security and
self-confidence.
In India, violence within the home is universal across culture, religion, class and ethnicity. The abuse
is generally considered a part and parcel of marital life.
Drug Related Violence: An alcoholic beats his wife and children. There are number of incidences
where under the influence of alcohol a Father raped his own Daughter. Alcoholism increases
violence and therefore family interruption takes place.
Pornography
Another concern where women are indecently represented is pornography, which represents a form
of violence against women that "glamorizes the degradation and maltreatment of women and asserts
their subordinate function as mere receptacles for male lust".
Prostitution of Children and Women
The UN Special Reporter on the sale of Children, Child Prostitution and Child Pornography defines
Child Prostitution as the sexual exploitation of a child for remuneration in cash or in kind, usually but
not always organized by an intermediary (parent, family member, procurer, teacher, etc.) Thus the
violence against the girl child acquires a new dimension in the sale of young girls below the age of 18
for prostitution and trafficking.
Prostitution in India is a Rs 40,000 crore annual business. It has been estimated that 30% of the sex
workers are children, who earn Rs.11,000 crore.
Poverty and deprivation, coupled with a low status in society for girls is a primary factor for child
prostitution. It is well known that prostitution exists in the Third World because of poverty. Child
prostitution in India is further aggravated by the presence of social conventions and myths prevailing
in society.
It is popularly believed that sex with a virgin is a cure for venereal and other diseases.
The prevalence of traditional and religious practices in some communities that consist of dedicating
girls to gods and goddesses serve to encourage child prostitution. (for instance, the Devadasi girls who
form 15% of the total prostitutes in India.
Trafficking Of Women and Children
Trafficking in women and children is the most abominable violation of human rights. It is an obscene
affront to their dignity and rights, including the very right to life, liberty, the right to freedom from
torture or cruelty, the right to a home and family, education and proper employment, health care, etc.
Trafficking in its widest sense includes the exploitation girls by pushing them into prostitution,
forced labor or services, slavery or practices similar to slavery and the trade in human organs. In the
case of children who have been trafficked or have become victims of child marriages, it violates their
right to education, employment and self-determination.
Child Marriage
Another serious problem that women face is that of child marriage. Small kids, and in some cases even
infants in the cradle are married off. Early marriage affects the growth and development of children.
The married girl child, in her early stages of maturity, will suffer with abnormal pregnancies, health
problems, miscarriages, etc.
In 1901, the Government of Baroda passed the Infant Marriage Prevention Act, which fixed the
minimum age for marriage for girls at 12 and for boys at 16. Ishwar Chandra Vidyasagar and Keshab
Sen argued that early marriage was detrimental to the health of women, and their efforts, coupled with
that of Mahatma Gandhi, resulted in the passing of the Child Marriage Restraint Act, 1929. In 1930,
the Sarda Act was passed, to prevent the solemnization of marriages between boys under the age of 18
years and girls under the age 14 years.
However, even today, these Acts remain merely on paper on account of several factors.
Child Sexual Abuse
Legally, child sexual abuse is interpreted as ‘rape’ of a child who is below 16 years of age and rape as
defined in Indian Penal Code is penetration without her consent. Child sexual abuse is the physical or
mental violation of a child with sexual intent.
Narang, 1998 defines child sexual abuse as follows:
• An adult exposing his/her genitals to a child or persuading the child to do the same.
• An adult touching a child’s genitals or making the child touch the adult’s genitalia
• An adult involving a child in pornography which includes exposing a child to pornographic material.
• An adult having oral, vaginal or anal intercourse with a child
• Any verbal or other sexual suggestion made to a child by an adult
• An adult persuading children to engage in sexual activity.
Child sexual abuse takes place in every strata of the society, esp. in the case of girls. The abuser is
usually an older person (mostly male) who has some position of trust and/or power over the child.
It generally takes place in the child’s or abuser’s home.
Child sexual abuse is on the increase. The main reason for this is because anything about sex is
shrouded in shame and secrecy. Children are not given proper answers when they ask questions
about sexual organs. So, when a child is abused, there is total silence., even if the child knows that
there is something wrong going on.
Female Genital Cutting
The terms female genital cutting (FGC), female circumcision, and female genital mutilation (FGM)
all describe the cultural practice of partially or totally removing the external female genitalia. Only a
small opening is left for urine and menstrual blood.
FGC is mostly done on girls in the age group of 5-14 years. Around 100 -140 million women have
experienced this torture
Most women who have experienced FGC live in one of the 28 countries in Africa and the Middle
East. Almost one-half of women who have experienced FGC live in Egypt or Ethiopia. To a lesser
degree, FGC is practiced in Indonesia, Malaysia, Pakistan, and India.
There are many reasons FGC is practiced, including religious, social, economic, and political
reasons, one of them being to keep a woman’s virginity by limiting her sexual behaviour.
FGC can cause a range of health problems, both short-term and long-term.
There are some laws pertaining to the criminalization of FGC. Even meetings, awareness
programmes and other educative steps are being taken to eradicate this violation against women and
girls.
Violence against the Old
Singh (1998) defines elder abuse as ‘harm to an elder person caused by someone in a position of
trust, who may have control over the victim. This includes material abuse such as financial
exploitation, physical abuse, such as pushing, physical assault psychological abuse, such as
chronically threatening, swearing at or insulting the older person, and neglect or failing to provide
necessary help such as meal preparation, housework or personal care.
In the past few years, the aged have frequently been the target of gang robberies or brutal
killing by servants or outsiders . The old are attacked frequently due to their inability to put up
a fight.
Reasons for Increase of Violence against Women:
The main question that arises with regard to violence against women is - why do women put up
with abuse at home. The answer lies in their unequal status in the society. They are often
caught in a vicious circle of economic dependence, fear for their children's lives as well as their
own, ignorance of their legal rights, lack of confidence in themselves and social pressures.
The sanctity of privacy within the family often leads women denying that they are being
abused.
Lack of evidence and lack of guidance, loop holes in existing laws are also some of the reasons
for the rise in crime against women.
A woman who lodges a complaint of abuse is often forced to withdraw the complaint or drop
the charges not only by her family and society but also by the authorities.
Husbands assume that this subordinate role gives them right to abuse their wives in order to
keep them in their place.
The basic reason for violence against women is their inferior status in a male dominated society
as educationally, economically, politically and socially.
In spite of the UN Charter of Human Rights and the provisions of the Indian Constitution,
women continue to be victims of exploitation. The view that the future generation of a family is
carried on and preserved by boys-only has degraded the position of women in society.
Social structure, cultural norms, and value systems are crucial determinants of women’s role
and their position in society. In respect of the status there is a gap between the theoretical
possibilities and their actual realization.
DOWRY DEATHS AND BRIDE KILLINGS
Dowry deaths are the deaths of young women, primarily in India, who are murdered or
driven to suicide by continuous harassment and torture by husbands and in-laws in an effort
to extort an increased dowry.
Even in the twenty-first century, Indian girls can be, and are, set on fire or forced to suicide
because the husband or his family consider that the dowry she brings with her into marriage is
not large enough.
Dowry started as a form of assistance to a newly married couple in starting their married life.
As the time progressed human greed turned it into something that was to be demanded as a
right in accordance with the social standing of the groom and his family.
The practice later degenerated further and brides began facing torture after marriage to bring
in additional dowry. The torture would many a time escalate into bride burning. The groom
and his family would then try to make up a story about a kitchen accident to save their skins.
In 2010, 8391 dowry death cases were reported across India, meaning a bride was burned every
90 minutes, according to statistics recently released by the National Crime Records Bureau.
A decade earlier this number was 6995, but climbed to 8093 dowry deaths in 2007.
Complications in Eradication of Dowry
Despite all efforts made, dowry still remains prevalent all over the country.
Although India officially ratified the terms and conditions of the CEDAW (Convention on the
Elimination of All Forms of Discrimination Against Women) in 2000, several organizations
including the United Nations and the aforementioned Amnesty International and Human
Rights Watch criticize the nation for not adhering to its terms.
EFFORTS MADE FOR THE PROHIBITION OF DOWRY
Governmental efforts
In 1961, India enacted the Dowry Prohibition Act to halt dowry murders.
It was amended in the early 1980s to “rectify several inherent weaknesses and loopholes” in
order to make it a criminal offense if the husband or his relatives cause a woman to “die of
burns or bodily injury or unnatural circumstances within seven years of the marriage and
where there is evidence that she suffered cruelty and harassment in connection with the
dowry.”
As per the Dowry Prohibition Act,
1. Dowry is any property or valuable security, given or agreed to be given either directly or
indirectly, by one party to the other party, in the marriage.
2. As per this definition, gifts of jewellery, clothes, property, cash, etc., given by the groom’s
family would also be covered, and declared illegal.
3. Dowry can be given by the parents of either party to a marriage, or by any other person, to
either party, to the marriage or to any other person during or before the marriage.
4. To give or to agree to give, directly or indirectly, any property or valuable security, in
connection with a marriage, is prohibited.
5. Even the making of a demand for dowry is prohibited, and is punishable.
Article 1 of the Universal Human Rights Laws declares the following: “All human beings are
born free and equal in dignity and rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood.” Article 5 proclaims: “No one shall
be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Non-governmental efforts
In India, where most cases of bride burning are seen, domestic legislation is typically
inadequately enforced. Because of this, grassroots organizations “have taken up the cause
to halt bride burning.” One example of this is government-funded family counseling
center cells, in which the intended goal is to strengthen family ties and reduce legal
intervention. Other similar counseling-style NGOs have been developed in order to
resolve such issues with similar consequences.
Potential efforts
In April 1984, the European Parliament introduced a proposal that would “protect
women from persecution on the basis of gender” by reforming international refugee
laws. However, the proposal was rejected.
Besides the Central Dowry Act, the State Governments have enacted their own laws to
deal with the dowry problem. For instance, the Himachal Pradesh Government prohibits
more than 25 people in a marriage party while Punjab has restricted the number of meals
to be served to the guests in the marriage i.e. up to two meals.
The Indian Penal Code also punishes the bride burning, cruelty and torture to brides.
Section 498A is a strong provision in this Code.
Section 198A of Criminal Procedure Code fixes the procedure for the enforcement of
such provisions. The Indian Evidence Act also provides that the accused has to bear the
burden of proof.
Another solution is to increase economic interest for women by establishing their
property rights. Even when married, the bride has no rights over the property belonging
to the husband while he is living. In giving women the right to own property, women
would not need to marry for economic or legal purposes, thus disregarding the dowry
practice.
Protection of Women from Domestic Violence Act, 2005.
Dowry Prohibition Act, 1961.
The Commission of Sati (Prevention) Act and rules.
National Commission for Women Act.
Protection of Women from Domestic Violence Act, 2005.
Amendment Proposed in Immoral Traffic (Prevention) Act 2005.
Protection of Women from Domestic Violence Act 2005.
Orissa State Commission for Women Act, 1993.
In December 1999, at the 54th Session, the UN General Assembly adopted a
resolution declaring that November 25th the International Day for the
Elimination of Violence against Women and Girls.
At the international level, the UN Charter, the Universal Declaration of
Human Rights and Convention on Elimination of All Forms of
Discrimination against Women (CEDAW) sought to guarantee better legal
status to women.
International Conventions, the Constitution and various other legal
provisions provide certain rights for women.
Need For Legal Literacy & Violence Against Women

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Need For Legal Literacy & Violence Against Women

  • 2. Introduction “Law is a powerful tool – but only if it is understood well”. India, the largest democracy in the world, has an emergent need for generating awareness of rights as knowledge, so that people live in consonance with the true dictates of democracy and rule of law. Legal literacy is commonly understood as knowing the primary level in law. It deals with the information about legal provisions and processes and is an elementary knowledge of law. Canadian Bar Association (1992, 23) defines legal literacy as the ability to understand words used in a legal context, to draw conclusions from them, and then to use those conclusions to take action. Indian Scenario and Constitutional Mandates Around 35% of India’s population is illiterate. Bulk of the illiterates is in the rural areas, where social and economic barriers play an important role in keeping the lowest strata of society illiterate. Government programmes alone, however well intentioned, may not be able to break barriers built over the centuries. Major social reformation efforts are required to bring about a change in the rural scenario. Article 39A of the Constitution of India directs the State to provide free legal aid with the aid of suitable legislation or schemes, and also to ensure that opportunities for securing justice are not denied to any citizen for reason of economic or other disabilities.
  • 3. Obstacles The absence of legal culture, and illiteracy are the main reasons for the large number of cases in the courts. If a good citizen knows that an act is a crime punishable by law, he wouldn’t have done it. The Government is not taking proper action and remedying the hindrances. Moreover, it is the duty and responsibility of the Government to educate the people of India to use the laws that it passes. Importance The first step towards that knowledge of law, which can transform people's lives, is legal literacy. Lack of legal literacy “contributes to an environment of fear, surrounding negligence and reliability.” Women as well as men in every walk of life need Legal Literacy to protect themselves and others. Need for Legal Literacy in India and Elsewhere 1. It makes people aware about the political set-up of our country. 2. It tells us about the constitutional and legal rights and about our actions and social behavior. 3. It warns us about the crime and punishable activities under law. 4. Legal Literacy helps in seeking legal remedies against exploitation and injustice. 5. It makes us aware of several laws which have been enacted for the welfare protection and security of the citizens.
  • 4. 6. It makes us responsible persons of a civil society. 7. It also helps in making a just and orderly society where everyone lives with honor and dignity. 8. It also helps the vulnerable groups in society, especially women, marginalized or underprivileged groups to recognize their rights, and challenge injustices even more forcefully. 9. Absence of legal literacy leads to the perpetuity of exploitation and victimization in many fields. 10. It makes us responsible persons of a civil society and a society which is just and orderly, where everyone lives with honor and dignity. In short "legal literacy reminds us about our rights, duties and legal obligations towards society." Conclusion Government programmes alone, however well intentioned, may not be able to break barriers built over the centuries. Major social reformation efforts are required to bring about a change in the rural scenario. A concerted effort should be made to incorporate Legal Literacy in the school or college curriculums, workers, women empowerment projects, Panchayat Raj Institutions, teachers, nurses etc. Electronic and print media should give more space to programmes propagating correct information of law. Combined efforts of the citizens as well as the government and unity and co-operation will definitely play a major role in eradicating illiteracy and promote legal literacy.
  • 5. Introduction Woman in the Vedic age was enjoying a higher status. She was the nerve center of the domestic work and was its empress. In spite of India’s reputation for respecting a woman, including treating her as a Goddess, history tells us that, women were also ill-treated. Since the past, women have generally been restricted to the role of a home-maker; that of a mother and wife, despite major changes that have occurred in the status of women in some parts of the world in recent decades. Now-a-Days, violence affects the life of millions of women and girls in all socio-economic classes around the world. It cuts across cultural and religious barriers and takes a variety of forms – physical, sexual, psychological and economic. These forms of violence are interrelated and affect women from before birth to old age. Violence against women is largely unreported. Fear and stigma often prevent women from reporting incidents of violence or seeking assistance. Women who experience violence suffer a range of familial and health-related problems, and their ability to participate in public life is diminished. Certain Inequalities Women Face: Culturally: Gender specific specialization (work) Cultural definition of appropriate sex roles Expectation of role within relationship Belief in the inherent superiority of males Customs of marriage (Bride price/Dowry)
  • 6. Notion of the family as the private sphere and under male control Values that give proprietary right over women and girls. Economically: Limited access to cash and credit Limited access to employment in formal and informal sector. Limited access to education. As a result of the cultural and economic factors, women face discrimination right from the childhood. It is held that both in childhood and adulthood males are fed first and better. Violence and its Effects on Women a. Physical health : Abuse can often inflict serious physical injuries on women, resulting in health problems like chronic pains, gastro-intestinal and sleep disorders, illnesses, and poor overall health. b. Mental health: Battered women are vulnerable to depression, anxiety and even may over-react to emotional stimuli, suffer from panic attacks and injure themselves or attempt suicide. They are also less able to respond to their children. They are also at a great risk for Post-traumatic Stress Disorder (PTSD), symptoms of which include nightmares, insomnia, numbness, hyper-vigilance, intrusive thoughts, etc. c. Sexual And Reproductive Health: Violence against women is associated with unintended pregnancies, gynaecological problems, induced abortions, adverse pregnancy outcomes, including miscarriage, low birth weight and fatal death. Sexually abused victims suffer from sexually transmitted infections like HIV / AIDS. d. Social and economical conditions: The victims of domestic violence may find that maintaining a career is too difficult due to chronic frequent absenteeism. Many women find themselves unable to work because of illnesses, injuries, or court appearances. Abused women often suffer with regards to keeping their jobs. Divorce often destroys women’s respect in society, and they may also suffer from poverty.
  • 7. Crimes against women occur every minute; every day and throughout the year, though several such crimes go unreported. According to National Crimes Records Bureau, Government of India, over 32,000 murders, 19,000 rapes, 7,500 dowry deaths and 36,500 molestation cases were the violent crimes against women during 2006. While Madhya Pradesh is worst off among the states, the national capital New Delhi continues to remain the most unsafe city in India. Sati The first serious challenge for the reformers was the problem of ‘widow immolation’ or ‘Sati’, where Hindu widows climbed the funeral pyres of their husbands. Sati was never a religious obligation, but it was believed that by burning herself on the funeral pyre, a widow sanctified her ancestors, removed her husband’s sins and was believed to ascend to heaven. Strong social pressures on the widow and their status among the Hindus helped the growth of Sati. Sati was first abolished in Calcutta in 1798. Through the efforts of Raja Ram Mohan Roy and Lord William Bentinck, a ban on sati was imposed in 1829 in the British territories in India. Yet, it continues to exist, though at a low rate. Widow Remarriage Widows in India were not allowed participate in any religious and social functions. Their lives were worse than death – shaved heads, no ornaments, socially outcast – this was their life. That’s why many widows opted for Sati. The upper caste widows, esp. Hindus, were most affected by the then prevailing customs. Attempts to make laws to facilitate remarriage of widows by the British were opposed by the conservative Hindus, who held that remarriage of widows “involved guilt and disgrace on earth and exclusion from heaven.”
  • 8. Female Infanticide A girl is considered a burden by parents. It is the inability to meet the dowry-related demands from the in-law’s family that is a major cause for female infanticide. Since a girl child would be going to her husband’s place upon marriage, the parents did not want to waste their resources on her upbringing. Also, the demand for large dowry and the huge wedding expenses caused a lot of hardship to the parents. So, the parents preferred a male child as they could get wealthy. These considerations led to the practice of killing the girl child once she was born. The practice of female infanticide was common among certain castes and tribes in India, especially in the north and north-western states. It was particularly prominent among communities which found it difficult to find suitable husbands for their daughters which would lead to disgrace. Mothers, sometimes, kill their babies as an act of ‘mercy’ that they may be saved from future excesses by husbands in the form of domestic violence or sexual abuse. Female Foeticide Technologies like amniocentesis and ultrasound used in most parts of the world, largely for detecting foetal abnormalities, has been used in large parts of the Indian subcontinent for determining the sex of the foetus so that it can be aborted, if it happens to be a female. The information of the sex of the unborn was being extensively misused. To prevent female foeticide and to restrict this misuse, the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act was passed on 20th September 1994. The Act forbids the communication of the sex of the foetus, its enforcement is not easy. Since Independence, the Constitution of India contains certain provisions that guarantee the welfare and development of children. The Indian Penal Code also has defined infanticide as murder.
  • 9. Rape and Custodial Rape Rape is sex you don’t agree to, including forcing a body part or an object into your vagina, rectum, or mouth. Rape is the fastest growing crime in the country today and as many as 18 women are assaulted in some form or the other every hour across India. Over the last few months cases of rapes and assault have made it to the headlines with alarming frequency. In the United States, national statistics indicate that a woman is raped every six minutes. Child and adolescents rape are on the rise, about 58% are below 16 years. In recent years girl children in the age group of 6-12 years have been more victimized. For an affected woman, it is an ordeal to lodge a complaint with the police, who, adopt a most unsympathetic attitude putting the complainant to further shame by asking her to give a graphic description as to how she was sexually abused. Rape can occur anywhere, even in the family, where it can take the form of marital rape or incest. It occurs in the community, where a woman can fall prey to any abuser. It also occurs in situations of armed conflict and in refugee camps and also in the case of women who are drunk or drugged, where they have no control over themselves. In many cases, the rape victims are also tortured and killed. Custodial rape is extremely heinous since the offenders are supposed to be guardians of the law. Witnesses refuse to testify against offenders or men in power, which makes it impossible for the victim to get justice.
  • 10. Harassment at Work Place Whether out of choice or compulsion, most of the women who are involved in work in all vital sectors of the country's economy may fall in the unorganized sectors. They are ill-paid but don’t leave the job due to increasing unemployment. In the existing social scenario in India, vulnerability is a product of inequality, low status and discrimination, and of the patriarchal authority unleashed on children, especially the girl child. Women and children are trafficked and exploited, and force to lead a life of indignity, social stigma, debt bondage and a host of ailments including HIV/AIDS. Acute poverty and lack of employment opportunities has been abetting an increased voluntary entry of women into sex work. Acid Throwing Surveys say that India is the fourth most dangerous place in the world for women to live in. Women belonging to any class, caste, creed or religion can be victims of this cruel form of violence and disfigurement, a premeditated crime intended to kill or maim permanently or a lesson to put a woman in her place. In India, acid attacks on womenwho dared to refuse a man's proposal of marriage or asked for a divorce are a form of revenge. Acid is cheap, easily available, and the quickest way to destroy a woman's life. The number of acid attacks has been rising. Violence against the Disabled Women with disabilities are more likely to suffer domestic violence and sexual assault than non-disabled women. Like other women, disabled women are usually abused by a partner or a family member or a friend. In addition, they face the risk of abuse by healthcare providers or caregivers who might threaten them. Such people need to access someone they know, someone whom they trust, and also the police. Violence against Immigrant and Refugee Women An immigrant or refugee woman may face the same challenges as many of the abused women. She may also be: Made to lose face in her community.
  • 11. Taught by her culture that family duty comes first. Accused of leaving or failing her culture and background. Lied to about her partner’s ability to have her deported and keep their children. Told that, in the United States, the law says she must have sex with her partner. Told that her abuser is allowed to hit her or use other forms of physical punishment. In all such cases, always approach someone you know, who cares about you. Take help of the police, and get your abuser arrested. Eve Teasing / Stalking Eve teasing is an act of terror that violates a woman’s body, space and self-respect, a way in which a woman is made to feel inferior, weak and afraid. Whether it is an obscene word whispered into a woman’s ear; offensive remarks on her appearance; an intrusive way of touching any part of a woman’s body; a gesture which is perceived and intended to be vulgar: all these acts represent a violation of a woman’s person, her bodily integrity. Eve teasing denies a woman’s fundamental right to move freely and carry herself with dignity, solely on the basis of her sex. Some acts of eve-teasing are: indecent remarks, singing obscene songs, hitting, touching or pinching in crowded places, snatching dupatta and in some cases even forced kissing, mailing anonymous love letters and exhibiting male genitals in front of women. There are no particular places where eve teasers congregate i.e., no place is really “safe” and inviolate for women. Roads, buses, train, cinema halls, parks, beaches, even a woman’s home and neighborhood may be sites where her self-worth is abused. It does not matter if a woman is alone, with a friend, in a group, or sometimes even with another man. It can take place anywhere, at anytime.
  • 12. Domestic Violence Incidence of domestic violence crosses all the barriers of class, income, culture and religion are in a high under reported crime. Domestic violence is one of the greatest obstacles to gender equality. It obstructs women to secure their fundamental rights to equal protection under the law, and the right to life and liberty. Domestic violence can be described as when one adult in a relationship misuses power to control another through violence and other forms of abuse. The abuser tortures and controls the victim by calculated threats, intimidation and physical violence. It includes not only inter-spousal violence, but also violence perpetrated by other family members. Although men, women and children can be abused, in most cases the victims are women. Survey statistics indicate that between 16 and 52% of women have been assaulted by their husbands/partners. This is an important cause of morbidity and mortality. Such violence may also include rape and sexual abuse. Psychological violence includes verbal abuse, harassment, confinement and deprivation of physical, financial and personal resources. Sometimes, emotional abuse is more painful than the physical, as they harm women's security and self-confidence. In India, violence within the home is universal across culture, religion, class and ethnicity. The abuse is generally considered a part and parcel of marital life. Drug Related Violence: An alcoholic beats his wife and children. There are number of incidences where under the influence of alcohol a Father raped his own Daughter. Alcoholism increases violence and therefore family interruption takes place. Pornography Another concern where women are indecently represented is pornography, which represents a form of violence against women that "glamorizes the degradation and maltreatment of women and asserts their subordinate function as mere receptacles for male lust".
  • 13. Prostitution of Children and Women The UN Special Reporter on the sale of Children, Child Prostitution and Child Pornography defines Child Prostitution as the sexual exploitation of a child for remuneration in cash or in kind, usually but not always organized by an intermediary (parent, family member, procurer, teacher, etc.) Thus the violence against the girl child acquires a new dimension in the sale of young girls below the age of 18 for prostitution and trafficking. Prostitution in India is a Rs 40,000 crore annual business. It has been estimated that 30% of the sex workers are children, who earn Rs.11,000 crore. Poverty and deprivation, coupled with a low status in society for girls is a primary factor for child prostitution. It is well known that prostitution exists in the Third World because of poverty. Child prostitution in India is further aggravated by the presence of social conventions and myths prevailing in society. It is popularly believed that sex with a virgin is a cure for venereal and other diseases. The prevalence of traditional and religious practices in some communities that consist of dedicating girls to gods and goddesses serve to encourage child prostitution. (for instance, the Devadasi girls who form 15% of the total prostitutes in India. Trafficking Of Women and Children Trafficking in women and children is the most abominable violation of human rights. It is an obscene affront to their dignity and rights, including the very right to life, liberty, the right to freedom from torture or cruelty, the right to a home and family, education and proper employment, health care, etc. Trafficking in its widest sense includes the exploitation girls by pushing them into prostitution, forced labor or services, slavery or practices similar to slavery and the trade in human organs. In the case of children who have been trafficked or have become victims of child marriages, it violates their right to education, employment and self-determination.
  • 14. Child Marriage Another serious problem that women face is that of child marriage. Small kids, and in some cases even infants in the cradle are married off. Early marriage affects the growth and development of children. The married girl child, in her early stages of maturity, will suffer with abnormal pregnancies, health problems, miscarriages, etc. In 1901, the Government of Baroda passed the Infant Marriage Prevention Act, which fixed the minimum age for marriage for girls at 12 and for boys at 16. Ishwar Chandra Vidyasagar and Keshab Sen argued that early marriage was detrimental to the health of women, and their efforts, coupled with that of Mahatma Gandhi, resulted in the passing of the Child Marriage Restraint Act, 1929. In 1930, the Sarda Act was passed, to prevent the solemnization of marriages between boys under the age of 18 years and girls under the age 14 years. However, even today, these Acts remain merely on paper on account of several factors. Child Sexual Abuse Legally, child sexual abuse is interpreted as ‘rape’ of a child who is below 16 years of age and rape as defined in Indian Penal Code is penetration without her consent. Child sexual abuse is the physical or mental violation of a child with sexual intent. Narang, 1998 defines child sexual abuse as follows: • An adult exposing his/her genitals to a child or persuading the child to do the same. • An adult touching a child’s genitals or making the child touch the adult’s genitalia • An adult involving a child in pornography which includes exposing a child to pornographic material. • An adult having oral, vaginal or anal intercourse with a child • Any verbal or other sexual suggestion made to a child by an adult • An adult persuading children to engage in sexual activity. Child sexual abuse takes place in every strata of the society, esp. in the case of girls. The abuser is usually an older person (mostly male) who has some position of trust and/or power over the child.
  • 15. It generally takes place in the child’s or abuser’s home. Child sexual abuse is on the increase. The main reason for this is because anything about sex is shrouded in shame and secrecy. Children are not given proper answers when they ask questions about sexual organs. So, when a child is abused, there is total silence., even if the child knows that there is something wrong going on. Female Genital Cutting The terms female genital cutting (FGC), female circumcision, and female genital mutilation (FGM) all describe the cultural practice of partially or totally removing the external female genitalia. Only a small opening is left for urine and menstrual blood. FGC is mostly done on girls in the age group of 5-14 years. Around 100 -140 million women have experienced this torture Most women who have experienced FGC live in one of the 28 countries in Africa and the Middle East. Almost one-half of women who have experienced FGC live in Egypt or Ethiopia. To a lesser degree, FGC is practiced in Indonesia, Malaysia, Pakistan, and India. There are many reasons FGC is practiced, including religious, social, economic, and political reasons, one of them being to keep a woman’s virginity by limiting her sexual behaviour. FGC can cause a range of health problems, both short-term and long-term. There are some laws pertaining to the criminalization of FGC. Even meetings, awareness programmes and other educative steps are being taken to eradicate this violation against women and girls. Violence against the Old Singh (1998) defines elder abuse as ‘harm to an elder person caused by someone in a position of trust, who may have control over the victim. This includes material abuse such as financial exploitation, physical abuse, such as pushing, physical assault psychological abuse, such as chronically threatening, swearing at or insulting the older person, and neglect or failing to provide necessary help such as meal preparation, housework or personal care.
  • 16. In the past few years, the aged have frequently been the target of gang robberies or brutal killing by servants or outsiders . The old are attacked frequently due to their inability to put up a fight. Reasons for Increase of Violence against Women: The main question that arises with regard to violence against women is - why do women put up with abuse at home. The answer lies in their unequal status in the society. They are often caught in a vicious circle of economic dependence, fear for their children's lives as well as their own, ignorance of their legal rights, lack of confidence in themselves and social pressures. The sanctity of privacy within the family often leads women denying that they are being abused. Lack of evidence and lack of guidance, loop holes in existing laws are also some of the reasons for the rise in crime against women. A woman who lodges a complaint of abuse is often forced to withdraw the complaint or drop the charges not only by her family and society but also by the authorities. Husbands assume that this subordinate role gives them right to abuse their wives in order to keep them in their place. The basic reason for violence against women is their inferior status in a male dominated society as educationally, economically, politically and socially. In spite of the UN Charter of Human Rights and the provisions of the Indian Constitution, women continue to be victims of exploitation. The view that the future generation of a family is carried on and preserved by boys-only has degraded the position of women in society. Social structure, cultural norms, and value systems are crucial determinants of women’s role and their position in society. In respect of the status there is a gap between the theoretical possibilities and their actual realization.
  • 17. DOWRY DEATHS AND BRIDE KILLINGS Dowry deaths are the deaths of young women, primarily in India, who are murdered or driven to suicide by continuous harassment and torture by husbands and in-laws in an effort to extort an increased dowry. Even in the twenty-first century, Indian girls can be, and are, set on fire or forced to suicide because the husband or his family consider that the dowry she brings with her into marriage is not large enough. Dowry started as a form of assistance to a newly married couple in starting their married life. As the time progressed human greed turned it into something that was to be demanded as a right in accordance with the social standing of the groom and his family. The practice later degenerated further and brides began facing torture after marriage to bring in additional dowry. The torture would many a time escalate into bride burning. The groom and his family would then try to make up a story about a kitchen accident to save their skins. In 2010, 8391 dowry death cases were reported across India, meaning a bride was burned every 90 minutes, according to statistics recently released by the National Crime Records Bureau. A decade earlier this number was 6995, but climbed to 8093 dowry deaths in 2007. Complications in Eradication of Dowry Despite all efforts made, dowry still remains prevalent all over the country. Although India officially ratified the terms and conditions of the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) in 2000, several organizations including the United Nations and the aforementioned Amnesty International and Human Rights Watch criticize the nation for not adhering to its terms.
  • 18. EFFORTS MADE FOR THE PROHIBITION OF DOWRY Governmental efforts In 1961, India enacted the Dowry Prohibition Act to halt dowry murders. It was amended in the early 1980s to “rectify several inherent weaknesses and loopholes” in order to make it a criminal offense if the husband or his relatives cause a woman to “die of burns or bodily injury or unnatural circumstances within seven years of the marriage and where there is evidence that she suffered cruelty and harassment in connection with the dowry.” As per the Dowry Prohibition Act, 1. Dowry is any property or valuable security, given or agreed to be given either directly or indirectly, by one party to the other party, in the marriage. 2. As per this definition, gifts of jewellery, clothes, property, cash, etc., given by the groom’s family would also be covered, and declared illegal. 3. Dowry can be given by the parents of either party to a marriage, or by any other person, to either party, to the marriage or to any other person during or before the marriage. 4. To give or to agree to give, directly or indirectly, any property or valuable security, in connection with a marriage, is prohibited. 5. Even the making of a demand for dowry is prohibited, and is punishable. Article 1 of the Universal Human Rights Laws declares the following: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” Article 5 proclaims: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
  • 19. Non-governmental efforts In India, where most cases of bride burning are seen, domestic legislation is typically inadequately enforced. Because of this, grassroots organizations “have taken up the cause to halt bride burning.” One example of this is government-funded family counseling center cells, in which the intended goal is to strengthen family ties and reduce legal intervention. Other similar counseling-style NGOs have been developed in order to resolve such issues with similar consequences. Potential efforts In April 1984, the European Parliament introduced a proposal that would “protect women from persecution on the basis of gender” by reforming international refugee laws. However, the proposal was rejected. Besides the Central Dowry Act, the State Governments have enacted their own laws to deal with the dowry problem. For instance, the Himachal Pradesh Government prohibits more than 25 people in a marriage party while Punjab has restricted the number of meals to be served to the guests in the marriage i.e. up to two meals. The Indian Penal Code also punishes the bride burning, cruelty and torture to brides. Section 498A is a strong provision in this Code. Section 198A of Criminal Procedure Code fixes the procedure for the enforcement of such provisions. The Indian Evidence Act also provides that the accused has to bear the burden of proof. Another solution is to increase economic interest for women by establishing their property rights. Even when married, the bride has no rights over the property belonging to the husband while he is living. In giving women the right to own property, women would not need to marry for economic or legal purposes, thus disregarding the dowry practice.
  • 20. Protection of Women from Domestic Violence Act, 2005. Dowry Prohibition Act, 1961. The Commission of Sati (Prevention) Act and rules. National Commission for Women Act. Protection of Women from Domestic Violence Act, 2005. Amendment Proposed in Immoral Traffic (Prevention) Act 2005. Protection of Women from Domestic Violence Act 2005. Orissa State Commission for Women Act, 1993. In December 1999, at the 54th Session, the UN General Assembly adopted a resolution declaring that November 25th the International Day for the Elimination of Violence against Women and Girls. At the international level, the UN Charter, the Universal Declaration of Human Rights and Convention on Elimination of All Forms of Discrimination against Women (CEDAW) sought to guarantee better legal status to women. International Conventions, the Constitution and various other legal provisions provide certain rights for women.