Curbing crime against women needs iron will

THE horrific murder of Shraddha Walkar in New Delhi by her live-in partner Aaftab Poonawala, who allegedly chopped her body into 35 pieces, has brought into sharp focus violence against women. This violence includes physical, emotional, sexual or psychological abuse by close partners or acquaintances, including current or former spouses, cohabiting partners, boyfriends etc.

Violence is inflicted on a woman in various ways throughout her life and in fact even before she is born — in the form of pre-natal sex selection and female foeticide — followed by child marriage, forced marriage, dowry-related violence, human trafficking, sexual harassment in public places and the workplace, ‘honour killings’, acid attacks and rape.

Social practices highlight a pattern of daughter aversion and son fixation. Research has documented a trend of declining girl child sex ratio from 962 per 1,000 males in 1981, to 945 in 1991, 927 in 2001 and 914 in 2011. Patriarchal norms and socio-economic factors have fuelled the decline. The desire for sons has led to a ‘policing’ of pregnancies by spouses and families through prenatal monitoring systems. The results can lead to sex-selective abortions, which are often forced on women in violation of their sexual and reproductive rights. Despite specific legislation to address this problem, including stringent measures in case of contravention, there is a continuing prevalence of sex-selection practices in many states.

Although the Prohibition of Child Marriage Act, 2006, has resulted in reduction in the overall number of early marriages, the prevalence of such marriages continues to endanger the lives of girls, whether in respect of domestic violence, marital rape or early pregnancies. It also deprives them of numerous human rights, including the right to education.

Married or not, a woman is always vulnerable to sexual violence, including rape and sexual harassment, both in public and private spaces. According to the National Crime Records Bureau, India recorded an average of 86 cases of rape daily in 2021, while around 49 cases of crime against women were registered every hour.

Many victims of sexual violence carry a deep sense of shame, which is exacerbated by the stigma and exclusion they experience, especially from family members and the community, and which may lead to suicide or other acts of self-inflicted violence.

Resistance and denial of sexual favours make a woman a victim of acid attacks. Victims of acid attacks are predominantly those women who challenge patriarchal norms, including opposing a marriage or a suitor’s proposal.

Violence against members of certain groups is also alarming. Women belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes are frequent victims of various forms of discrimination as well as violence. Caste-based discrimination, which also includes intra-caste hierarchy, continues to be pervasive and widespread.

Legal measures have been instituted to address women’s complaints. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, provides for a complaint committees at all workplaces employing at least 10 persons. Moreover, while penalties are prescribed in the event of a false or malicious plea, the Act seeks to prevent the ‘revictimisation’ of victims who are unable to provide adequate proof or substantiate a complaint.

Addressing violence against women became a top priority at the national level following the 2012 gangrape-murder. The outrage and condemnation that followed in India led to the Criminal Law (Amendment) Act, 2013, which recognised acid attacks as a ‘specific offence’ and provided for penalties for sexual harassment, assault against or use of criminal force on a woman with the intent to disrobe, voyeurism and stalking. The Act improved the legislative framework significantly, introducing new criminal offences and stronger sanctions.

The implementation of the legislation has left a lot to be desired. Under the Protection of Women from Domestic Violence Act, victims require the assistance of a protection officer to lodge a complaint and file a domestic incident report. The recruitment and deployment of protection officers in the country are inadequate; they often work part-time and lack the resources to assist victims to file complaints. For instance, in Rajasthan, with its population including around 3.2 crore women, there are only 600-odd designated protection officers and about 120 organisations registered as service providers.

Concerns have been raised with regard to the investigation of cases and the prosecution and punishment for crimes committed against women. Yet, the proportion of women in the police and in the judiciary is seriously low, which contributes to a lack of attention to women’s issues. Deeply entrenched patriarchal attitudes of police officers, prosecutors, judicial officers and other civil servants with regard to the handling of cases lead to victims not reporting, withdrawing complaints or not testifying.

The inability to ensure redress for the hapless victims has led to an increase in violence against women and their discriminatory treatment.

The persistence of harmful practices, pervasive gender stereotypes and a patriarchal mindset is of serious concern. Based on the idea of superiority of men over women, such manifestations worsen women’s subordination and significantly obstruct effective implementation of relevant legislative and policy measures. Without comprehensive efforts to address these issues in educational institutions, at the workplace, in the family, in the community and in the media, the elimination of violence against women remains a huge challenge. It is essential that the authorities do not underestimate this challenge in their endeavour to end all forms of violence against women.