VIOLENCE AGAINST
WOMEN
Pamela Suresh Kumar
Crime has existed
for centuries in many forms. But the one related to women and
children speaks for greater sensitivity to human suffering which
demands greater justice. Over the years, women have waged a determined
struggle against such violence and succeeded in bringing about
the changes in law and its implementation by sensitizing the judiciary,
the police and the society at large.
India boasts of a
culture dating back to thousands of years where women were treated
with respect. It is ironical that men worship goddesses and yet
go back home and physically abuse their wives. Violence against
women ranges from severe oppression to abuse, aggression and exploitation.
It is known as female infanticide, neglect and undernourishment
of the girl child, denial of education to girls, rape, pre-puberty
marriage, wife- beating and harassment of a bride leading to her
suicide or murder.
To combat violence
one must first understand its concept. According to a report prepared
by Mumbai’s SNDT University Research Center for Women’s Studies,
"Violence in general, is a coercive mechanism to assert one’s
will over another in order to prove or feel a sense of power.
This is not necessarily confined to physical violence but the
creation of an atmosphere of terror, a situation of threat and
reprisal .........."A hierarchical social structure has violence
built into it."
This statement
proves the point that the coercion involved is neither legitimate
nor socially acceptable since it is an act of an individual. However
impressive it may sound, the truth indicates clearly the pitiable
condition of Indian womanhood trapped in the web of socio-cultural
factors such as superstitious and blind faith perpetuated by society
at large.
Women should
be made aware of some specific rights. For securing a better life,
the right to life is basic to every individual. In reality, however,
the struggle for survival continues throughout a woman’s life
beginning with the female foetus. The advent of amniocentesis
in India has given yet another blow to this struggle. Apart from
Maharashtra and Goa no other State has passed legislation against
female foeticide following amniocentesis.
Another important
right is the right to education. Despite the constitutional provision
for compulsory education for all upto the age of 14 years, girls’
education is generally neglected. The percentage of girls attending
school varies from State to State, being sometimes below 20 per
cent and rarely reaches 50 per cent. The right to education is
indirectly related to violence against women as it has been observed
that education contributes to women’s assertion of their rights.
The right to property
has been the practiced norm of traditional Indian households to
transfer all property only in the name of sons and females are
excluded from their share. Thanks to the Indian jurisprudence
now the daughters also get equal parental share in propoerty.
Besides, there are
numerous causes of domestic violence. It generally involves wives
and daughters-in-law in the family. They are accused of speaking
too much, answering back and raving over trifling issues. And
if she talks or has friendly relations with other males, the suspicious
husband and in-laws always make allegations against the woman.
On the contrary she is not supposed to suspect her husband and
oppose his extra-marital relationship.
Not only a submissive
or inferior-in-status wife is victimized but an educated, strong,
intelligent, working woman who is conscious of her status, also
becomes the victim of violence. She is often beaten up because
she is superior to her husband. She is falsely implicated of having
extra-marital affairs. Other abuses include dowry demands and
physical torture by an alcoholic husband. They largely lead to
domestic violence.
Rape is also one
of the most severe kinds of violence against women. As per I.P.C
Section 375 and 376 rape is counted as a severe crime, cognizable,
non-bailable, liable for five to ten years’ imprisonment and fine.
But the case can be filed only in the sessions court of a first
class magistrate. But the main hindrance is that it is extremely
difficult to prove that ‘consent’ was not given by the victim,
the main criterion in proving rape cases. A rape case occurs in
our country every 54 minutes.
A woman can seek
recourse to legal action in case of harassment. In a country where
no State support system for abandoned or divorced women exists,
maintenance law is the only safeguard against destitution. Two
types of maintenance laws exist in India. The Personal Law, which
depends on the personal religion of the individual, governs the
situations of marriage, divorce, maintenance, adoption and inheritance.
The other law comes under the criminal code of India. As an organ
of the State, the police force is responsible for containing violence.
As per the I.P.C the crimes identified under Crimes Against Women
are rape(Sec.376 IPC), kidnapping and abduction for different
purposes(Sec.363-373 IPC), homicide for dowry, dowry deaths or
their attempts(Sec. 302/304-B IPC), torture, both mental and physical
(Sec.498-A IPC), molestation (Sec.354 IPC), sexual harassment
(Sec.509 IPC) and import of girls(upto 21 years of age) (Sec.366-B
IPC).
A special cell
was conceived with the collaboration of social workers and the
police to help women and children to influence the State in providing
services and for petitioning, lobbying and working within the
system. Now there are numerious special cells for women all over
India.
Other than these,
many more rules and legislations may be implemented and executed
to lessen the woes and harassment of women. But the question remains,
how long will women suffer? Due to fear of criticism and family
pressures women generally do not come out in the open lodge complaints
with the police. Instead, they prefer to suffer in silence. Let
us not forget that God created man and woman to live in harmony
and also to complement each other. Man alone can help her in lessening
her woes. He has to understand the psyche of the woman. Cooperation
and lending a helping hand in child rearing and household work,
joint decision making and taking care of the elderly and being
more responsible towards the family can definitely help in creating
harmonious relationship between the spouses. Boys at a young age
should be told to respect their sisters and the opposite sex and
should be taught not to treat them as an object of ridicule and
harassment. The right kind of attitude will definitely help in
the long run in lessening crimes against women.
