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.”
