CRIME AGAINST WOMEN

This article has been written by Barkha, from JEMTEC School of Law.

Crimes are increasing with time. Crime is a big issue in almost every part of the world. Governments all over the world are trying to make more and more strict laws to prevent crimes. In this patriarchal society, crimes against women have always existed, and it has continued to increase with time. There areseveral crimes which are being committed against women, the reason could be that, from the very civilisation of this society, women are considered to be weaker than men, due to which they have been exploiting women. Even women have always tolerated such exploitation, which has led to the increase of these crimes.

Almost every woman has experienced such exploitation. There are many crimes which can be committed against women, these can be rape, dowry, sexual harassment, women trafficking for prostitution, eve teasing, molestation, cyber crimes against women and many more. These crimes are increasing at high pace, although laws are framed by the government to prevent these crimes, but proper implementation to such laws are required. Incapacity of legal judicial system is making people fearless, and people commit those crime without any fear.

The crimes against women which are prevailing in the society are:

1. Rape:

It is one the biggest problems in our society. Women are nowhere safe. Women are raped so brutally. The reason which is leading in the increase of such cases is our orthodox society, which never blames the rapist but the victim. Women are blamed for the rape which may be, her clothes, her way of talking, if they have male friends. Men are never blamed. Women from all age groups from 6 months to 80 years, get raped. Women are even raped by their relatives, fathers, brothers and husbands.

Gravity of such crimes can be witnessed from many rape cases. We can take example of Nirbhaya gangrape case, a case in which a girl was raped in a private bus when she was going home with her friend. She was brutally raped by 6 men, out of whom one was juvenile. She suffered many injuries during the rape. They injured her by putting an iron rod in her private parts. And after raping her beating her, they threw her out of the running bus. She was left on the road naked, bleeding, and her intestine spilling out.[1] There were many amendments made in rape law after Nirbhaya case, 2012, as punishment for rape is given in section 375of Indian Penal Code, 1860.The scope of definition of rape was broadened. It included, provisions for marital rape as well. As in this patriarchal society it is believed that, if any man is married to a woman, he got certified to have sex with her, even without her consent. But for any sexual act the consent of women is required every single time. Hence, any male, who tries to have sexual intercourse with her wife without her consent, would be punished.

But even after broadening the scope of all the laws and making them strict, there is no change in the commission of such crimes. The rate of rape cases is increasing day by day and more and more heinous crimes are being committed. There is no relief for women in any manner.

2. Dowry:

Dowry, when any woman gets married to a man, dowry is given as a gift to the family of man. It is a serious issue, where family of the girl is pressurised to give high amount of money to the family of the boy. This custom of dowry is prevailing in our society from ancient period. This not only a custom but a type of exploitation. It goes to such extent where family of the girl have to take loan to give dowry to in-laws of the girl. This, many times lead to dowry death. Girls are beaten in their matrimonial house, they are exploited. This greed lead to domestic violence. Women are also subjected to physical and cruelty. They are even murdered for the greed of dowry. Many laws have been framed to stop this social evil named dowry.

Taking and giving of dowry is illegal in India, although giving some gifts are permitted. Dowry is prohibited under Dowry Prohibition Act, 1961.Section 498A of Indian Penal Code provides for punishment of any kind of cruelty with women. Cruelty is beating or mentally torturing women. Section 304B of Indian Penal Code, provides punishment for dowry death. If any woman, within the 7 years of marriage, dies and her dead is caused by any bodily injury, burn or any kind of unnatural death, the family of the groom can be prosecuted for dowry death. Even after such strict laws, this evil is not eliminated from our society. And dowry is still taken and given in the name of gifts. And women are still exploited.

3. Trafficking for prostitution:

Trafficking is taking of any person illegally, against her/ his consent for purpose of begging, forced work or sex work. Sex racquet is prevalent in almost every part of the world. According to united Nations, more than 4 million women and girls are trafficked into sex work.[2]Girls are exploited for sex work, they are either kidnapped or abducted. Sometimes, women are coerced to get into the sex work due to good payment by the customers. Some are also trapped by misrepresentation, they are called to other places for any reputed jobs but later, they are forced into this work. This racquet is so vast which extends from many parts of the country till across the world. Women are even transferred from one country to other country.

Even the Constitution of India provides, prohibition of human trafficking as fundamental rights given under article 23. Trafficking of any person would amount to infringement of fundamental right after which, Supreme Court can be approached for the same.

As discussed above, there are many crimes against women which exist in the society. These crimes result in worsening the situation of women, women are mentally and physically exploited. Women are sexually harassed, molested, raped. They are nowhere safe; they are even raped by their father and husbands. They are tortured by their in-laws for dowry and even killed. This increase of crime and lack of implementation of laws have created fear in the mind of the women, they think many times before stepping out of their homes, they have to care a lot about their safety, what to wear and what not to wear. And when something wrong happens with women, only women are blamed and not the criminal. In our society, there is need to educate people about things and to change the mentality of the society and victim blaming should be stopped. Then only there can be any solution for these crimes against women.

[1]Mukesh &Anr. V. State for N.C.T. Of Delhi &Ors, (2017) 6 S.C.C. 1.

[2]https://www.culturalsurvival.org/publications/cultural-survival-quarterly/stop-trafficking-and-prostitution-women-and-girls Visited on May, 23, 2020 at 22:16.