The relentless fight against gender-based violence in India

Unchanged reality! Yes, it is. Women in India facing violence has become a relentless problem, including physical violence, sexual violence or domestic violence, mostly perpetrated by men!

Twelve years after the Nirbhaya case and here we are in the same place, with the same situation! – #NIRBHAYA2 #ABHAYA

Egalitarianism: (Gender Equality):

Gender discrimination, mostly in favor of men, affects many lives of women from the perspective of career growth, advancement and development of women, leading to the disruption of women’s mental peace, torture, harassment and leaving women in traumatic circumstances for life! Gender equality is a human right and this should not only be found in the articles, books or in our constitution, this should be practiced repeatedly.

Gender-based violence: (GBV)

Keeping in mind the health, dignity and safety of women in India when we talk, our highest goal should be to protect women in India. The main reasons for GBV are poverty, lack of education and stress at home. Women face sexual harassment, physical harassment, mental trauma, whether inflicted in public or private, including threats of violence, coercion and manipulation, blackmail which causes devastation and has lifelong consequences for women.

Domestic Violence in India:

Many married Indian women face domestic violence between the age of 18-49 years, have experienced domestic/sexual violence and some have suffered physical violence during pregnancy and many more which are unreported. Gender inequality, substance abuse, dowry culture (despite Dowry Prohibition Act, 1961) cases of dowry and dowry violence against women are surfacing in our society.

Sexual harassment:

Despite the availability of several women helpline numbers, heinous crimes are taking place against women, be it at her workplace, on the road, crimes like stalking, molestation or toxic male gaze. Every time women step out of their homes they say “chalo aaj kya naya face karna padega” this has become the present situation, and for this sorry! but women are not at all responsible (this is for those who blame women for their own mistakes) she is just trying to live her life peacefully, happily, exactly the way she wants and no one has the right to take away her freedom and her choice. I repeat no one!

Sexual exploitation:

First gain trust and then backstabbing, using women for their own convenience and then abusing them publicly, damaging their reputation socially, playing with their emotions and blackmailing them, in such situations women have to stand up for themselves. Women have to have a strong evidence ready in case something happens in future that is related to such a situation, she has to be ready with all the material (real evidence we call it) or documentary evidence against the perpetrator.

As mentioned, a law has been introduced in Section 69 of the Bhartiya Nyay Sanhita, 2023, which makes it a punishable offence to have sex with a woman who makes false promises of marriage. The offender can be imprisoned for up to 10 years and fined.

Discrimination against women: Women in India have faced huge battles before like limited access to education, social grievances when we talk about sati, sexism (misogyny): upholding social rules of patriarchy that have been practiced in our society for many years. The solution to this is ensuring equal access to education, empowering women at workplace, strengthening legal protection, supporting organizations that fight for gender equality.

Cyber ​​violence against women:

Women are said to be more targeted by cybercriminals. Such targeting can be categorized as hacking social media accounts and demanding money against the same or demanding personal and private photographs leading to identity theft, even deception to obtain personal information of a victim and can be misused to act under the name of the victim. According to statistics, almost 98% of cyber violence is committed against women in India.

With regard to those crimes, cyber bullying, cyber stalking (Section 354 D, IPC), cyber defamation and cyber pornography are some of the crucial issues that need to be checked by making strong laws against the criminals and action taken accordingly. In such cases immediate action is advisable, if not, immediate report should be made to the police or to the cyber cell.

Lack of equal opportunities and pay:
Women still do not have the right to own property in their name, earn income or be free from discrimination in the workplace all over the world. These are some of the issues that women face all over the country today. Both men and women should have equal opportunities to achieve financial independence, whether it is to set up businesses or to develop their personal ambitions, interests and talents.

Rape Laws in India:

Really rape cases in India are increasing because there are no strict laws against such heinous crimes in India, people think that we can easily find a way to commit such crimes. There is no such fear in the minds of people who commit such crimes. We should clearly not blame women for such crimes because they live their lives the way they want and because of some creeps around they would have to give up their freedom?! As for the punishment as per law 10 years imprisonment and fine, that’s it!

You call this punishment for such a heinous crime???!! Okay, we live in urban cities here, what about the tribal women out there? Think what women would do if someone committed such a crime? How would they save themselves? They are all untrained, they are not taught to fight back, they are all untrained to deal with the situation, some will surrender, some will try to fight but fail, okay, let’s say we have the numbers of the women’s helpline, at least if she doesn’t get a chance to get help… Then? What then? As far as the criminal justice system is concerned, there is no national document that can solve the problem of violence against women.

Punishments for rape in different countries: v/s India:

• China: Death Penalty or Castration
• Japan: 20 years to life imprisonment or death penalty for sexual abuse and other crimes such as theft
• Saudi Arabia: Beheading within days
• North Korea: Death by Firing Squad
• Afghanistan: Shot in the head (which is best) or hanged until death
• Egypt: Death by hanging
• India: Life imprisonment and fine

If all the above countries can do that, then what is stopping India from making the laws stricter? What I am trying to say in this article is that there has been no strict change after the Nirbhaya case. Women should be strong enough to handle the situation is another part but what if they can’t and such crimes happen then we should definitely punish the rapists and not just punish them, the strict punishments and law enforcement should be done in the field of law so that the law breaker thinks 100 times before committing such a crime!

What I feel is fear and only fear in the minds of the lawbreakers can change this brutal reality now and for that strict laws need to be made and yes for all the women out there reading this get this in your head that you start training yourself with some self defense techniques at least basic for your own safety and protection, secondly don’t stay in lonely places for long secure yourself with as many people around you as possible. One more thing wherever you are if there is a woman in danger try to save her in as many ways as possible because a woman can only save a woman now.

Conclusion
Women must be strong and tough!

I have called it ‘The Unchanged Reality’ because this is what has not changed! but we need some change now, some kind of change because even after 12 years we are still at the same place and are again facing the same situation, and not just in terms of rapes but also crimes like workplace harassment, gender discrimination and sexual exploitation or cyber violence against women, which means something is definitely going wrong somewhere, maybe because of the lack of strict laws for crimes against women in India, where people are no longer afraid of committing such heinous crimes, and that is where the problem lies, women need to train themselves in some basic self-defense techniques, protect yourself from people around you, and as far as Indian laws for women are concerned we definitely need strict laws against such crimes! Speak up! Stand up for yourself, it is high time.

Written by: Adv.Devyani N.Nikam