Accountability a must

THE TRIBUNE DEBATE: Curbing crime against women

THE Bharatiya Nyaya (Second) Sanhita, 2023, passed by the Lok Sabha on Wednesday, has several provisions related to crimes against women, including life imprisonment or death penalty for the rape of a woman under 18 years of age; in case of gangrape, there is a provision for imprisonment of 20 years or imprisonment till death. Also, the victim’s statement has been made compulsory in a rape case. The legislation comes on the heels of the annual report of the National Crime Records Bureau (NCRB), according to which crimes against women in India rose by 4 per cent in 2022 compared to 2021.

The report has highlighted that a significant proportion of crimes against women involve cruelty by husband or his relatives (31.4 per cent), kidnapping and abduction (19.2 per cent), assault on a woman with the intent of outraging her modesty (18.7 per cent), and rape (7.1 per cent). A total of 13,479 cases were registered under the Dowry Prohibition Act. The report shows that Delhi is the most unsafe city for women in the country, accounting for 14,158 cases, followed by Mumbai with 6,176. Among the states, Uttar Pradesh (65,743) has recorded the highest number of cases of crimes against women. UP is followed by Maharashtra with 45,331 cases and Rajasthan with 45,058. The crimes range from pre-natal sex selection, female foeticide, child marriage and early or forced marriage, to human trafficking, sexual harassment on the street or at the workplace, crimes committed in the name of ‘honour’, acid attacks, female genital mutilation, rape, dowry-related violence and domestic violence.

A horrifying incident in Belagavi (Karnataka) is symptomatic of the rot. A woman, whose son had eloped with a girl from his village, was dragged out of her house, stripped naked, assaulted and tied to an electricity pole. The crowd just looked on and the police took a while to reach the spot. The Karnataka High Court has taken suo motu notice of the case. The Bench hearing the case has called for fixing collective responsibility on society for such crimes. “It is not Beti Bachao, Beti Padhao. It is beta padhao to save the girl child…” the Bench has observed, emphasising that boys needs to be told to respect and protect women.

Crimes against women occur in public and private spaces. They are underpinned by the persistence of patriarchal social norms and inter and intra-gender hierarchies. Women are discriminated against and subordinated not only on the basis of gender, but also on other grounds, such as caste, class, sexual orientation, tradition, etc. Many of them are subjected to a continuum of violence throughout their life. The manifestations of violence against women are a reflection of the structural and institutional inequality that sums up the harsh reality for most women in India.

Some crimes against women are perpetrated by family members, often with the complicity of community leaders. The reasons range from a woman’s refusal to be forced into marriage to the family’s retaliation for marrying the man of her choice or not following the prescribed dress code. Victims of acid attacks are predominantly women who challenge patriarchal norms by opposing marriage or even a proposal for friendship. Women and girls suffer a wide range of physical and psychological abuse and the denial of basic freedom of movement and expression.

The physical, sexual and psychological abuse of women in the private sphere is largely tolerated by the community and society. Many victims live in family settings that are rooted in deeply entrenched patriarchal norms. The widespread socio-economic dependence of some women subordinates them to their husbands and other family members. The fear of social exclusion and marginalisation, and the lack of effective responses to violence, make them vulnerable to violence and intimidation.

Practices within the family and the community point to a pattern of daughter aversion and son fixation. The child sex ratio declined from 962 girls per 1,000 boys in 1981 to 945 in 1991, 927 in 2001 and 914 in 2011. This fall is partly attributed to sex-selective abortions, which are often forced on women in violation of their sexual and reproductive rights.

How do we eliminate the culture of violence against women? There is clearly an urgent need for systemic reforms, better law enforcement measures and community-driven initiatives to ensure women’s safety. We need to raise our voice collectively against sexism. It is laudable that the Supreme Court has taken the initiative of weeding out misogynistic language from court rulings, besides highlighting the impact of gender stereotyping on verdicts. Law education institutions should admit more female students. It is imperative that teaching in law schools should factor in a feminist perspective.

Sexual assault survivors face discrimination at the hands of the justice delivery system, right from filing a case against the perpetrators to experiencing apathy and even victim-shaming. The solution, therefore, should begin with a public discourse and a dialogue with those who are duty-bound to uphold the sanctity and accountability of public institutions.

At the national level, several laws and policies have been enforced in order to prevent or curb violence against women. Despite those positive developments, effective implementation of the laws and adequate allocation of financial resources for the purpose have generally remained elusive.

It is imperative to include ‘beta padhao’ in the popular slogan of Beti Bachao, Beti Padhao. It’s high time the boys were taught to respect all females, as the court has rightly said. A change in the mindset can lead to a visible change on the ground.