Violence against women

Various manifestations of violence against women are sexual violence, domestic violence, caste-based discrimination and violence, dowry related deaths, crimes in the name of honour, witch-hunting, sati, sexual harassment, violence against lesbian, bisexual, and transgender people, forced and/or early marriages, deprivation of access to water and basic sanitation, violence against women with disabilities, sexual and reproductive rights violations, sex selection practices, violence in custodial settings and violence in conflict situations, among others.

Violence against women and girls is functioning on a continuum that spans the life-cycle from the womb to the tomb. These manifestations are strongly linked to women’s social and economic situation, and the deeply entrenched norms of patriarchy and cultural practices linked to notions of male superiority and female inferiority. “The current focus by state actors on preserving the unity of the family is manifested in the welfare/social approach and not in the human rights based approach. It does not take into consideration the nature of relationships based on power and powerlessness; of economic and emotional dependency; and also the use of culture, tradition and religion as a defence for abusive behaviour”.

The Centre’s speedy response after the Delhi rape incident in the appointment of the late Justice Verma committee, but the new amendments did not fully reflect the Verma Committee’s recommendations. This was an opportunity was lost that could have addressed the de facto inequality and discrimination of women. “This development foreclosed the opportunity to establish a holistic and remedial framework which is underpinned by transformative norms and standards, including those relating to sexual and bodily integrity rights. Furthermore, the approach adopted fails to address the structural and root causes and consequences of violence against women”.

Though the Protection of Women from Domestic Violence Act is a positive development, one of the recurring complaints availed is the discrepancy between the provisions of the laws and its effective implementation. “Despite provisions intended to offer legal, social and financial assistance to victims, many women are unable to register their complaints. Furthermore, prevention of violence, as a core due diligence obligation of the State, does not feature in the implementation of this law”.

“The unfortunate reality is that the rights of many women in India continue to be violated, with impunity as the norm”.  Women experience violence not just in situations of conflict, post-conflict, and displacement but also in situations of peace. “The denial of constitutional rights in general, and the violation of the rights of equality, dignity, bodily integrity, life and access to justice in particular, were common in many cases,”

In relation to conflict- related sexual violence, it was crucial to acknowledge that violations are perpetrated by both state and non-state actors. The Armed Forces Special Powers Act (AFSPA) Act in Jammu and Kashmir and in North East has mostly resulted in impunity for human rights violations broadly. “It was clear that the interpretation and implementation of this act, is eroding fundamental rights and freedoms – including freedom of movement, association and peaceful assembly, safety and security, dignity and bodily integrity rights, for women, in Jammu & Kashmir and in the North-Eastern States.” it was unfortunate that peaceful and legitimate protests often elicited a military response.

The victimization of women from the Dalit, Adivasi, other Scheduled castes, tribal and indigenous minorities are also recognized. “Their reality is one where they exist at the bottom of the political, economic and social systems, and they experience some of the worst forms of discrimination and oppression – thereby perpetuating their socio-economic vulnerability across generations.” young women disappearing without a trace in NE India. The police was informed are generally apathetic and are likely to put the cause as elopement. However these disappearances could be linked to sexual abuse, exploitation or trafficking. “Generally tribal and indigenous women in the region are subjected to continued abuse, ill-treatment and acts of physical and sexual violence. They are denied access to healthcare and other necessary resources, due to the frequency of curfews and blockades imposed on citizens”.

Child marriages and dowry-related practices, sorcery, honour killings, witch-hunting of women, and communal violence perpetrated against cultural and religious minorities. “The implementation of (government) interventions is resulting in the policing of pregnancies through tracking/surveillance systems and is resulting in some cases in the denial of legal abortion rights, thereby violating the sexual and reproductive rights of women”.

Workplace violence:

The widespread sexual violence and harassment “Perpetuated in public spaces, in the family or in the workplace. There is a generalized sense of insecurity in public spaces/amenities/transport facilities in particular, and women are often victims of different forms of sexual harassment and assault.” the numerous violations faced by female domestic workers including sexual harassment by their employers. “Many of them, often migrant and unregistered women, work in servitude and even bondage, in frequently hostile environments; performing work that is undervalued, poorly regulated and low-paid,”

Conclusion:

The negative effect of personal status laws on the achievement of overall gender equality (CRC, CCPR, and CEDAW) was noted and such laws need to be reformed to ensure equality in law (CEDAW). Government has to ensure that all victims of domestic violence are able to benefit from the legislation on domestic violence. The Protection of Women from Domestic Violence Act and Section 498-A of the Indian Penal Code must be enforced effectively (CESCR).

The Armed Forces Special Powers Act (AFSPA), the Public Safety Act and the National Security Act should be repealed, as it perpetuates impunity, and is widely used against Human Rights Defenders.

The grave concern the culture of impunity for violations of the rights of Dalit women, the failure to properly register and investigate complaints of violations against scheduled castes and tribes, the high rate of acquittals, the low conviction rates, and the alarming backlog of cases related to such atrocities. The impact of mega-projects on the rights of women should be thoroughly studied, including their impact on tribal and rural communities, and safeguards instituted.

The government to expedite the proposed Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 “with the incorporation of: sexual and gender-based crimes, including mass crimes against women perpetrated during communal violence; a comprehensive system of reparations for victims of such crimes; and gender-sensitive victim-centred procedural and evidentiary rules, and to ensure that inaction or complicity of State officials in communal violence be urgently addressed under this legislation.”

Violence against women was both a cause and consequence of de facto inequality and discrimination. The Government of India has to link the violence against women with the “other systems of oppression and discrimination prevalent within societies.” that creating legislations and policies alone will not bring about the needed change, “if it is not implemented within a holistic approach that simultaneously targets the empowerment of women, social transformation, and the provision of remedies that ultimately address the continuum of discrimination and violence, and also the pervasive culture of impunity.”