Keith Mack
Violence against women is a pervasive issue in India, encompassing domestic abuse, sexual assault, murder, female infanticide, and acid throwing. The National Crime Records Bureau reported a disturbing 87% increase in crimes against women between 2011 and 2021, with the majority of cases going unreported. The Indian legal system has implemented various laws to combat this issue, including sections of the Indian Penal Code (IPC) that address kidnapping, trafficking, and sexual harassment, as well as specific acts like the Sexual Harassment of Women at Workplace Act, 2013, and the Protection of Children Against Sexual Offences Act, 2013. Despite these measures, the occurrence of violence against women remains high, with social norms and cultural beliefs often hindering women from seeking justice and support.
| Characteristics | Values |
|---|---|
| Definition of violence against women in India | Physical or sexual violence committed against a woman, typically by a man |
| Common forms of violence against women in India | Domestic abuse, sexual assault, murder, female infanticide, acid throwing, battering rape, force-only rape, obsessive rape, honour killings, kidnapping, and sexual harassment |
| Statistics on violence against women in India | In 2011, there were 228,650 reported incidents of crime against women, while in 2021, there were 428,278 reported incidents, an 87% increase |
| National Family Health Survey (NFHS) findings on domestic violence | 86% of Indian women who experienced domestic violence did not disclose it; 45% of Indian women rationalize their husbands' abusive actions |
| Legal perspective on crimes against women in India | Sections 360, 361, and 366 of the Indian Penal Code (IPC) address kidnapping; Sections 370, 372, and 373 pertain to trafficking of minor girls and buying/selling minors for prostitution; Sections 376, 376A, 376B, 376C, and 376D cover various aspects of rape and its punishments |
| Government initiatives | Sexual Harassment of Women at Workplace Act, 2013; Protection of Children against Sexual Offences Act, 2013 |
| Cultural and social beliefs influencing violence against women | Family honour, internalized social norms blaming victims, perception of violence as routine in marriage |
| Barriers to reporting gender-based violence | Lack of guaranteed support, fear of honour or shame among law enforcement and medical professionals |
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What You'll Learn
Domestic violence and abuse
India has several laws addressing domestic violence and abuse against women. The earliest of these is the Dowry Prohibition Act of 1961, which made the giving and receiving of dowries a crime. Despite this, the practice persists in many Indian communities, and non-compliance or dissatisfaction with dowry payments can result in physical and emotional abuse, dowry death, or bride burning. To bolster the 1961 Act, Section 498A and Section 304B were introduced into the Indian Penal Code in 1983 and 1986, respectively.
The Protection of Women from Domestic Violence Act (PWDVA) was enacted in 2005 and came into force on 26 October 2006. This Act defines "domestic violence" broadly, including physical, emotional, verbal, sexual, and economic abuse, as well as psychological abuse and harassment. It protects wives and female live-in partners from violence perpetrated by their husbands, male live-in partners, or their relatives. The law also extends protection to other women living in the same household, such as sisters, widows, or mothers.
The PWDVA is a civil law primarily intended to provide protection orders rather than criminal enforcement. One criticism of the law is its lack of effective force in responding to criminal acts of domestic violence. As a civil law, a further offence, such as violating a protection order, is required to trigger criminal law sanctions like arrest and imprisonment. However, proponents of the law argue that it provides more rapid and flexible relief for victims.
According to a BBC report, 118,866 out of 309,546 crimes reported against women in 2013 were related to domestic violence. Physical injury is the most visible form of domestic violence, but emotional abuse, including harassment, threats, verbal abuse, stalking, and isolation, can also have severe consequences. A study by the National Centre for Biotechnology Information found that 7.5% of Indian women who participated had attempted suicide, correlating with high rates of physical and psychological intimate partner violence.
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Sexual harassment and assault
India has been characterised as one of the countries with the lowest per capita rates of rape. However, according to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily. Most rapes in India go unreported, although the willingness to report rape may have increased in recent years, following widespread media attention and public protests.
The Indian Penal Code (IPC) has been criticised for its inadequate protection of victims of sexual assault. For instance, Section 354 of the IPC, which covers the offence of "outraging the modesty of a woman", has been deemed insufficient. In the case of Rupan Deol Bajaj v. K.P.S. Gill, a senior IAS officer was sexually harassed by a superior officer, and the limited provisions of the IPC were not found to be sufficient by the High Court.
In response to these inadequacies, India has seen the evolution of sexual harassment laws, marked by judicial activism and legislative reforms. The Vishaka Guidelines of 1997 laid the foundation for addressing workplace sexual harassment, which ultimately led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. These guidelines mandated the establishment of Complaint Committees at workplaces and placed a responsibility on employers to prevent and redress instances of sexual harassment.
The Protection of Sexual Harassment (POSH) Act also aims to address sexual harassment in the workplace. However, it has been criticised for its drafting, as it is not gender-neutral. While some provisions of the POSH Act are gender-neutral, such as allowing "any person" to file an appeal, only an "aggrieved woman" can file a complaint, excluding men and the LGBTQ+ community. Additionally, the period of limitation under the POSH Act for filing a complaint is currently three months from the date of the incident, which has been criticised as too short and may be extended to one year.
In terms of criminal law, the Indian government has recently legislated new criminal laws, including the Bharatiya Nyaya Sanhita 2023 (BNS), which replaces the Indian Penal Code 1860. The offence of "rape" is now covered under Section 63 of the BNS, which has been criticised for not providing any protection for men against sexual assault, contradicting the objective of gender neutrality. Previously, Section 377 of the IPC criminalised consensual and non-consensual same-sex sexual acts, but this was overturned by the Supreme Court in 2018, decriminalising gay sex in India.
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Honour killings
In 1990, the National Commission for Women set up a statutory body to address the issues of honour killings among some ethnic groups in North India. In June 2010, the Supreme Court of India demanded responses about honour killing prevention from the federal government and several state governments. The Government planned to bring a bill to provide for deterrent punishment for honour killings. Despite these efforts, honour-based violence and killings have not received much attention at the policy level in major calls against ending gender-based violence. One reason is that honour-based violence and killings are considered some ethnic forms of domestic violence prevalent only in certain communities and parts of the world. Additionally, the social acceptability of honour killings within specific communities poses a challenge to addressing this issue. For example, research shows that honour-based killings are often not considered criminal acts within certain communities but are instead seen as "heroic deeds".
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Trafficking and prostitution
Prostitution in India is not explicitly illegal, but activities related to prostitution, such as running brothels, soliciting, trafficking, and pimping are punishable offences under the Immoral Traffic (Prevention) Act (ITPA), also called the Prevention of Immoral Trafficking Act (PITA). The ITPA was enacted in 1956 as a result of India signing the United Nations' declaration in 1950 on the suppression of human trafficking. The act was amended in 1986, and it defines "prostitution" as the sexual exploitation or misuse of any person for any business purpose.
While prostitution itself is not illegal, the ITPA makes it difficult for sex workers to carry out their profession without fear of legal repercussions. The act also gives magistrates the power to evict sex workers from their homes and forbid their re-entry. The Indian Penal Code (IPC) of 1860 deals with kidnapping and child prostitution, penalising the buying, selling, and importing of minors for prostitution under Sections 372 and 373. Sections 366A, 366B, and 370A of the IPC also deal with the prostitution of minor girls, the importation of girls for sex, and the exploitation of trafficked persons, respectively.
The Indian Constitution prohibits trafficking in human beings, beggars, and other similar forms of forced labour under Article 23(1). Additionally, the Constitution guarantees the right to life and dignity to all citizens, including sex workers, under Article 21. This means that sex workers cannot be legally harassed or arrested. However, there are criticisms that the current legal framework discriminates against victims of trafficking and makes it challenging for sex workers to exercise their fundamental rights.
Human trafficking, including sex trafficking, is a significant issue in India, with major destinations for trafficked women and girls including Kolkata, Mumbai, Delhi, Gujarat, Hyderabad, and the India-Nepal border. Women and girls from Nepal, Bangladesh, Afghanistan, and Pakistan are subjected to both labour and sex trafficking in major Indian cities. Corruption among law enforcement officers also hinders anti-trafficking efforts, as some officers protect suspected traffickers and brothel owners, accept bribes, and impede rescue attempts.
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Police reporting and support
In India, there are laws in place that address various forms of violence and crimes against women, providing a legal framework for addressing victimization. However, the effectiveness of these laws in protecting women and ensuring their safety remains a significant challenge.
When it comes to police reporting and support for victims of gender-based violence or crimes in India, the system faces several challenges. Underreporting to the police is prevalent, with statistics from the National Crime Records Bureau indicating that most violence against women goes unreported. Cultural norms and social beliefs play a significant role in this underreporting. Women often face victim-blaming, shame, and honour-related pressures that discourage them from coming forward. Additionally, when victims do seek support, they may encounter unsympathetic or uncooperative law enforcement officers and medical professionals, who may be influenced by similar social norms. This can result in a lack of reporting and inadequate support for victims.
To address these issues, India has implemented legal measures to protect women and encourage reporting. The Indian government has introduced acts such as the Sexual Harassment of Women at Workplace Act, 2013, and the Protection of Children Against Sexual Offences Act, 2013. These laws recognize the diverse forms of violence and crimes against women and aim to provide legal recourse and protection.
The Indian legal system defines and criminalizes various offences against women, including kidnapping, trafficking, and sexual harassment. Sections 360, 361, and 366 of the Indian Penal Code (IPC) address kidnapping, with punishments of up to 7 years imprisonment and fines. The law also recognizes the seriousness of trafficking, with Section 370 describing various modes of trafficking, including the trafficking of minor girls, and Sections 372 and 373 addressing the buying and selling of minors for prostitution, with imprisonment terms ranging from 3 years to life.
Sexual harassment, a pervasive issue in Indian society, is addressed through legal definitions that encompass unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. This includes a range of behaviours, from mild transgressions to severe sexual abuse or assault. By recognizing and criminalizing these acts, the law provides a framework for victims to seek justice and hold perpetrators accountable.
Despite these legal provisions, the implementation and enforcement of these laws remain challenging. Social norms and cultural beliefs that normalize violence against women hinder the effectiveness of the legal system. Additionally, the stigmatization and victim-blaming that victims face create barriers to reporting and accessing justice.
To effectively address violence against women in India, a multifaceted approach is necessary. This includes not only strengthening legal measures and enforcement but also addressing the underlying social and cultural norms that contribute to victimization. Empowering women through education, economic opportunities, and raising awareness about their rights can play a crucial role in reducing their vulnerability to abuse and encouraging them to seek support when needed.
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Frequently asked questions
The Indian government has introduced several laws to protect women, including the Sexual Harassment of Women at Workplace Act, 2013, and the Protection of Children Against Sexual Offences Act, 2013. The Indian legal system recognises various forms of violence against women, including domestic abuse, sexual assault, murder, female infanticide, and acid throwing. Rape is categorised as the rape of a minor, rape of a woman, rape with murder, rape in families, rape by public servants, gang rape, and marital rape. The punishment for these offences ranges from imprisonment from seven years to life imprisonment and a fine.
Violence against women in India is widespread and takes many forms. According to the National Crime Records Bureau, there was an 87% increase in reported incidents of crime against women from 2011 to 2021, with 428,278 reported incidents in 2021. Domestic violence accounts for more than 30% of crimes against women, and according to politician Renuka Choudary, 70% of women in India are victims of domestic violence. However, due to social norms and internalised beliefs, many cases go unreported.
Common forms of violence against women in India include domestic abuse, sexual assault, and honour killings. Domestic violence can take on subtle, coercive, or violent forms. Sexual assault can range from unwelcome sexual advances to physical harassment and sexual abuse. Honour killings are acts of extreme violence committed against those who defy family or societal expectations, often for marrying outside of caste lines.
The Indian legal system has several provisions in place to protect women from crimes such as kidnapping, trafficking, and sexual harassment. For example, Section 366 of the Indian Penal Code (IPC) defines kidnapping, abducting, or inducing a woman to compel her marriage and forceful sexual relations, with a punishment of up to 10 years imprisonment and a fine. Sections 372 and 373 of the IPC address the buying and selling of minors for prostitution, with imprisonment terms ranging from three years to life imprisonment and a fine.
