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SEXUAL VIOLENCE AGAINST
WOMEN AND THE LAW
BY HARSH KUMAR
BBA
2
ABSTRACT
• Violence against women(VAW) is a major public health problem in the country.
The problem is grossly under-reported. A number offactors have been blamed
for crimes against women. An inefficient law enforcing machinery has often
been targeted for the increasing number of cases being reported. There is little
recognition that psychiatric morbidity can perpetuate such crimes. Of late, there
appears to a continuous increase in the number of crimes committed against
women; especially the very serious ones like gang rapes. The latter have shaken
the very conscience of people. Even harsher legislation does not seem to have
made any effect. One wonders how this could be possible in a society heading
toward high education, economic and technological development. Media has
played a pivotal role by highlighting the problem to the masses. The need for
the hour is for mental health professionals to take the challenge and present a
comprehensive proposal for definite action to prevent all forms of VAW.
3
EPIDEMIOLOGY
• Overall 35% of women worldwide have experienced either physical
and/or sexual intimate partner violence or nonpartner sexual violence.
• Intimate partner violence is reported in most of this violence. Globally
about one-third (30%) of all women who have been in a relationship
have experienced physical and/or sexual violence by their intimate
partner.
• WHO figures quote that 38% of all murders of women are committed
by intimate partners.
INDIA
• The situation in India with respect to VAW is alarming. The prevalence
figures of India, during the year 2011, as reported by National Crime
Records Bureau are: Cruelty by husband and their relatives - 43.4%;
molestation - 18.8%; rape - 10.6%; kidnapping and abduction - 15.6%;
sexual harassment - 3.7%; dowry death - 3.8%; Immoral Traffic
Act - 1.1%; Dowry Prohibition Act - 2.9%; and others - 0.2%.
• Up to 50 million girls are “missing” over the past century due to female
infanticide and foeticide. 44.5% of girls are married before the age of 18.
• Violence is inflicted on children, adults with disabilities, and severe
mental illness and occurs in different settings such as at home,
workplace, hospitals, jails, governmental and nongovernmental homes
for the under privileged, and in the community. 4
CAUSAL FACTORS OF VIOLENCE
AGAINST WOMEN
The important cases of violence are listed below:-
 Sociodemographic
• Early and young age, illiterate or low level of literacy, poverty, urban
domicile, and women with no income of their own, unmarried, separated or
divorced status or being in a live-in relationship have been cited as risk
factors for domestic violence.
• India ranks at 101 position in the list of 136 nations in the disparity index in
terms of economic, political, health care, and educational opportunities for
women and their participation in such services (Times of India, October 26,
2013).
• Mentally ill women are subjected to different forms of violence in a marital
unit without the appropriate steps being undertaken for the management of
their mental illness, further contributing to marital disharmony and limited
family functioning.
5
CAUSAL FACTORS OF VIOLENCE
AGAINST WOMEN
The important cases of violence are listed below:-
 Family factors
• Exposure to harsh physical discipline during childhood and witnessing the
father beating the mother during childhood is a predictor of victimization
and perpetration of violence against his wife in adulthood.
 Psychiatric morbidity
• There is robust evidence to suggest that alcohol has been the factor
associated with perpetration of several forms of VAW.
• Prevalence of aggression is higher among psychiatric patients especially
those suffering from severe mental illness like schizophrenia.
• morbidities like paranoid schizophrenia, delusional disorder, bipolar
disorder, and antisocial personality have been linked with perpetration of
sexual VAW. 6
CAUSAL FACTORS OF VIOLENCE
AGAINST WOMEN
The important cases of violence are listed below:-
 Media and pornography
• Media plays a pivotal role. Repeated exposure to violence in the media has
been associated with increased incidence of aggression, especially in
children.
• Television and cinemas are portraying sexual material for making fast
money. Pornographic material is easily available to many on the internet and
through other ways.
 Multiple risk factors
• Multiple risk factors may be present in some individuals making them at risk
for perpetrating violence or of becoming victims of the same.
• For example, men living away from home, residing with an unhealthy peer
group, facing multiple stresses, and having access to pornography and
alcohol, may be particularly vulnerable. 7
VIOLENCE AGAINST WOMEN AND
INDIAN LEGISLATION
 Crimes against women are classified in the Indian Penal Code (IPC) and special and
local laws.
 Rape (Section 376 IPC): Over the years there has been a trend of increasing
number of cases being reported.
 Kidnapping and abduction (Section 363-373 IPC): Delhi has shown the highest
rate.
 Dowry death (Section 302, 304B IPC) and Dowry ProhibitionAct, 1961: Highest
rate has been reported in Bihar.
 Torture (Cruelty by Husband and Relatives of Husband) (Section 498-A IPC):
The highest crime rate was reported in West Bengal.
 Molestation (Section 354 IPC): Madhya Pradesh has reported the highest
incident, and Kerala has reported the highest crime rate. 8
VIOLENCE AGAINST WOMEN AND
INDIAN LEGISLATION
 Crimes against women are classified in the Indian Penal Code (IPC) and special and
local laws.
 Sexual harassment (Section 509 IPC): Sexual harassment of women is a
violation of the fundamental right of women to work in a safe environment.
 Importation of girls (Section 366-B IPC).
 The gender specific laws for which crime statistics is recorded are as follows:
 Immoral Traffic (Prevention) Act, 1956. Daman and Diu reported the highest
rate.
 Dowry Prohibition Act, 1961
 Indecent Representation of Women (Prohibition) Act.
 Sati Prevention Act, 1987.
 The Protection of Women against Domestic Violence Act (2005). 9
REFERENCES
 A/RES/48/104. Declaration on the Elimination of Violence against Women. United Nations. Available
from: http://www.un.org/documents/ga/res/48/a48r104.htm. [Last accessed on 2014 Aug 17].
 World Health Organization. Global and Regional Estimates of Violence Against Women: Prevalence and
Health Effects of Intimate Partner Violence and Non-partner Sexual Violence. Geneva: World Health
Organization; 2013.
 Crime in India. Statistics. New Delhi: National Crime Records Bureau, Ministry of Home Affairs; 2011. p.
79.
 U.N. Agencies. IRIN News, American Journal of Public Health, World Bank, Gender Index, Human Rights
Watch, International Center for Research on Women. Available from: http://www.trust.org/alertnet. [Last
accessed on 2014 Aug 17].
 Available from:
http://www.thehindu.com/news/national/india-loses-3- million-girls-in-infanticide/article3981575.ece.
[Last updated on 2012 Oct 09]
 UNICEF. Domestic violence against women and girls. Innocent digest. No 6-June 2000. Florence, Italy:
Innocenti Research Centre, UNICEF; 2000.
 World Health Organization. Violence Prevention Alliance. Global 10
THANK YOU……
11

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Sexual violence against women and the law in India

  • 1. SEXUAL VIOLENCE AGAINST WOMEN AND THE LAW BY HARSH KUMAR BBA
  • 2. 2 ABSTRACT • Violence against women(VAW) is a major public health problem in the country. The problem is grossly under-reported. A number offactors have been blamed for crimes against women. An inefficient law enforcing machinery has often been targeted for the increasing number of cases being reported. There is little recognition that psychiatric morbidity can perpetuate such crimes. Of late, there appears to a continuous increase in the number of crimes committed against women; especially the very serious ones like gang rapes. The latter have shaken the very conscience of people. Even harsher legislation does not seem to have made any effect. One wonders how this could be possible in a society heading toward high education, economic and technological development. Media has played a pivotal role by highlighting the problem to the masses. The need for the hour is for mental health professionals to take the challenge and present a comprehensive proposal for definite action to prevent all forms of VAW.
  • 3. 3 EPIDEMIOLOGY • Overall 35% of women worldwide have experienced either physical and/or sexual intimate partner violence or nonpartner sexual violence. • Intimate partner violence is reported in most of this violence. Globally about one-third (30%) of all women who have been in a relationship have experienced physical and/or sexual violence by their intimate partner. • WHO figures quote that 38% of all murders of women are committed by intimate partners.
  • 4. INDIA • The situation in India with respect to VAW is alarming. The prevalence figures of India, during the year 2011, as reported by National Crime Records Bureau are: Cruelty by husband and their relatives - 43.4%; molestation - 18.8%; rape - 10.6%; kidnapping and abduction - 15.6%; sexual harassment - 3.7%; dowry death - 3.8%; Immoral Traffic Act - 1.1%; Dowry Prohibition Act - 2.9%; and others - 0.2%. • Up to 50 million girls are “missing” over the past century due to female infanticide and foeticide. 44.5% of girls are married before the age of 18. • Violence is inflicted on children, adults with disabilities, and severe mental illness and occurs in different settings such as at home, workplace, hospitals, jails, governmental and nongovernmental homes for the under privileged, and in the community. 4
  • 5. CAUSAL FACTORS OF VIOLENCE AGAINST WOMEN The important cases of violence are listed below:-  Sociodemographic • Early and young age, illiterate or low level of literacy, poverty, urban domicile, and women with no income of their own, unmarried, separated or divorced status or being in a live-in relationship have been cited as risk factors for domestic violence. • India ranks at 101 position in the list of 136 nations in the disparity index in terms of economic, political, health care, and educational opportunities for women and their participation in such services (Times of India, October 26, 2013). • Mentally ill women are subjected to different forms of violence in a marital unit without the appropriate steps being undertaken for the management of their mental illness, further contributing to marital disharmony and limited family functioning. 5
  • 6. CAUSAL FACTORS OF VIOLENCE AGAINST WOMEN The important cases of violence are listed below:-  Family factors • Exposure to harsh physical discipline during childhood and witnessing the father beating the mother during childhood is a predictor of victimization and perpetration of violence against his wife in adulthood.  Psychiatric morbidity • There is robust evidence to suggest that alcohol has been the factor associated with perpetration of several forms of VAW. • Prevalence of aggression is higher among psychiatric patients especially those suffering from severe mental illness like schizophrenia. • morbidities like paranoid schizophrenia, delusional disorder, bipolar disorder, and antisocial personality have been linked with perpetration of sexual VAW. 6
  • 7. CAUSAL FACTORS OF VIOLENCE AGAINST WOMEN The important cases of violence are listed below:-  Media and pornography • Media plays a pivotal role. Repeated exposure to violence in the media has been associated with increased incidence of aggression, especially in children. • Television and cinemas are portraying sexual material for making fast money. Pornographic material is easily available to many on the internet and through other ways.  Multiple risk factors • Multiple risk factors may be present in some individuals making them at risk for perpetrating violence or of becoming victims of the same. • For example, men living away from home, residing with an unhealthy peer group, facing multiple stresses, and having access to pornography and alcohol, may be particularly vulnerable. 7
  • 8. VIOLENCE AGAINST WOMEN AND INDIAN LEGISLATION  Crimes against women are classified in the Indian Penal Code (IPC) and special and local laws.  Rape (Section 376 IPC): Over the years there has been a trend of increasing number of cases being reported.  Kidnapping and abduction (Section 363-373 IPC): Delhi has shown the highest rate.  Dowry death (Section 302, 304B IPC) and Dowry ProhibitionAct, 1961: Highest rate has been reported in Bihar.  Torture (Cruelty by Husband and Relatives of Husband) (Section 498-A IPC): The highest crime rate was reported in West Bengal.  Molestation (Section 354 IPC): Madhya Pradesh has reported the highest incident, and Kerala has reported the highest crime rate. 8
  • 9. VIOLENCE AGAINST WOMEN AND INDIAN LEGISLATION  Crimes against women are classified in the Indian Penal Code (IPC) and special and local laws.  Sexual harassment (Section 509 IPC): Sexual harassment of women is a violation of the fundamental right of women to work in a safe environment.  Importation of girls (Section 366-B IPC).  The gender specific laws for which crime statistics is recorded are as follows:  Immoral Traffic (Prevention) Act, 1956. Daman and Diu reported the highest rate.  Dowry Prohibition Act, 1961  Indecent Representation of Women (Prohibition) Act.  Sati Prevention Act, 1987.  The Protection of Women against Domestic Violence Act (2005). 9
  • 10. REFERENCES  A/RES/48/104. Declaration on the Elimination of Violence against Women. United Nations. Available from: http://www.un.org/documents/ga/res/48/a48r104.htm. [Last accessed on 2014 Aug 17].  World Health Organization. Global and Regional Estimates of Violence Against Women: Prevalence and Health Effects of Intimate Partner Violence and Non-partner Sexual Violence. Geneva: World Health Organization; 2013.  Crime in India. Statistics. New Delhi: National Crime Records Bureau, Ministry of Home Affairs; 2011. p. 79.  U.N. Agencies. IRIN News, American Journal of Public Health, World Bank, Gender Index, Human Rights Watch, International Center for Research on Women. Available from: http://www.trust.org/alertnet. [Last accessed on 2014 Aug 17].  Available from: http://www.thehindu.com/news/national/india-loses-3- million-girls-in-infanticide/article3981575.ece. [Last updated on 2012 Oct 09]  UNICEF. Domestic violence against women and girls. Innocent digest. No 6-June 2000. Florence, Italy: Innocenti Research Centre, UNICEF; 2000.  World Health Organization. Violence Prevention Alliance. Global 10