Violence against women:

Violence against women is “extorting from a woman what she is not willing to give of her own free will by inflicting physical (and) emotional suffering on her”.

Offenses under the Indian Penal Code:

• Rape
• Trafficking
• Dowry murder
• Harassment
• Harassment of women
• Making fun of women
• Importation of females up to 21 years of age

Offenses under special laws:

• Executing the process of agreement
• Dowry
• Illegal trafficking of women
• Indecent portrayal of women
• Child marriages
• Having multiple marriages

Classification of violence:

1. Criminal

Kidnapping, rape, murder understanding

2. Domestic violence

Dowry, Physical Violence, sexual harassment, widow(er) and old age women.

3. Social atrocities

Forcing wife and daughter-in-law to abort female child Abuse of women, denying women a share in property, and abusing daughter-in-law by asking them to bring child abuse.

Complaint Sections:

• Torture
• Humiliation
• Harassing women
• Kidnapping
• Rape
• Dowry deaths

Reasons for increased complaints about violence against women:

• Awareness among women
• Confidence in newly passed laws
• Women’s Courts
• Family Courts
• NGOs working against women

Nature of violence:

1. Rape

Victims

1. Women between the ages of 6 – 30 are most affected by rape incidents.
2. Poor women are not the only victims.
3. Middle class women working in offices
4. Impact on the physically challenged

Research facts

1. In these incidents victim and perpetrator are already acquaintances (50% of incidents).
2. 1/10th of incidents are due to chance circumstances.
3. Often the wish is fulfilled by threatening or
4. Majority of the incidents take place in the perpetrator’s home.
5. Human Trafficking
6. Trafficking is the abduction of a minor without the consent of his legal guardian.
7. Inducing a woman to rape by flattery, deception or violence.
8. Forcing him into a marriage against his will

Research facts

1. Unmarried women are more affected
2. Often both the kidnapper and the victim know each other
3. The initial introduction takes place at the home of either of the two.
4. Main Reason for Trafficking – Sex or Marriage
5. 1/10th share cause of incident – economic motive
6. Sexual assault occurs in 80% of incidents.
7. Reasons – Children growing up without adequate control is a hindrance in the relationship between husband and wife in the family.
8. Murder

Study Facts – About Femicide

1. In majority of the cases the killers and the dead belong to the same family.
2. 80% of those killed were young (25-40) years old
3. At least 50% of women who died of homicide had children.
4. 2/3 of incidents are unplanned outbursts.
5. Many of the killers belonged to the lower strata of society and were of low income.
6. 80% of murders are unaccompanied.
7. Reasons for killing – Petty quarrels in the family, inappropriate relationships etc.
8. Dowry deaths

Dowry

1. Dowry is a social problem.
2. Dowry is “moveable and immovable property brought by a bride from her father’s house to the groom’s house at the time of her marriage under the obligation of her parents and protection.
3. It was ceremonial in the past
4. Many social evils occurred after it was made compulsory.

Social evils caused by dowry

1. Female infanticide
2. Suicide
3. Arson
4. Early marriage
5. Old age Maidens
6. Women’s lack of education
7. Divorce
8. Depression
9. Physical abuse
10. Slavery treatment
11. Domestic violence

Reasons for Dowry

1. Patriarchal society
2. Status of daughters as a burden and sons as an asset
3. Economic disempowerment of women
4. One who considers it an honor to receive a dowry
5. Conservative Socio-Culture
6. Nowadays parents of girls are interested in choosing a groom.
7. Greed for easy riches

Government Actions on eradication of dowry

1. Dowry Prohibition Act – 1961
2. Domestic Violence Prevention Act – 2005
3. Section 304 B of the Indian Penal Code, if a woman dies within 7 years of marriage, the husband (m) of her relative is liable to punishment.
4. Indian Penal Code; 498A
5. Supreme Court Judgment 2009 – Prohibits dowry.

Study resultos

1. Most dowry abuses take place in the husband’s home.
2. Women from middle class families are most affected
3. 70% affected women are 21 – 24 years old
4. There is no correlation between level of education of woman and dowry mortality.
5. Family situation plays an important role in this.
6. Spouse Abuse Study Facts
7. Women below 25 suffer the most.
8. Women from low income families are more affected
9. Uneducated women are most affected
10. Causes – Sexual disorders, emotional disturbances, inferiority complex of husband, alcoholism, impotence
11. Husband’s childhood abuse is also a major factor.
12. They beat their wives even when they are sober.
13. Acidification

Domestic Violence – Methods of Prevention

1. Empowerment of Women Commission
2. Creating awareness
3. Domestic Violence Prevention Act – 2005
4. Family Courts
5. Training
6. Empowerment of women
7. Establishment of Special Courts
8. Installation of CCTV cameras
9. Increasing the number of women constables in police stations
10. 304, 498 of the Indian Penal Code
11. Document massacres

Incidents of violence Harassment when a young couple wants to get married against will of their Parents.

Prevention methods

1. There is no specific law in India against honor crimes.
2. Enactment a strong law
3. Honor killing is a violation of Article 21. Hence there is a need for a change in the IUU Disinfection Act
4. People’s mentality should be forgotten
5. Prohibition of Knap Panchayat
6. Panchayats to adjudicate honor crimes should be identified.
7. To create legal awareness among people
8. Implementation of Inter-cast marriage assistance scheme
9. Better socio-economic development of the downtrodden people
10. Severe punishment for offenders
11. Media awareness
12. NGO involvement
13. Legal Empowerment of Women
14. Indian Penal Code (Sections 299 – 304)

Shakti Vagini Case – Court Guidelines

1. Establishment of fast track courts
2. Settlement within 6 months
3. Registration of FIR against Kap Panchayat
4. Protection of couples

Violence against widows:

Violence:

1. Physical violence
2. Emotional neglect
3. Verbal harassment
4. Sexual Harassment
5. Denial of property legally due
6. Harassment of their children

Natures:

1. Society’s negative view of widows makes them feel inferior.
2. Young widows are more harassed and exploited than middle-aged widows.
3. Widows generally know very little about their husbands’ business, accounts, certificates, insurances, and debentures.
4. Due to this they are deceived about the property and life insurance benefits of the husband.
5. The perpetrators of violence against widows are often members of their husbands’ families.
6. Power, property and sex are the three main motives for violence against widows.
7. Property causes violence against middle-class widows and sex causes violence against lower-class widows.
8. Widows are powerless to resist persecution.
9. Significant correlations are found between violence against widows and their age, education and class.

The types of abusers for women:

1. Melancholy, low-minded, thinking low of himself
2. Psychologically deficient persons
3. People who do not have facilities and skills and do not conform to society
4. Possessive, Dominant, Suspicious
5. Depressed by family situation
6. He was subjected to violence in his childhood
7. He is a frequent drinker

Women are responsible for the crimes against them:

1. The violent behavior of the perpetrator is aggravated and the victim is in some way responsible.
2. In a study of some violent offenders, very few of them express remorse for their crimes.
3. Most are without any sense of guilt

Reasons given for husbands to use violence against wives

1. Wife’s denial about her husband
2. Talking to people who are not wanted by the husband
3. Talking less about husband’s siblings and parents
4. Creating unnecessary conflicts in the family
5. Interfering in unnecessary matters

Other incidents

1. In many cases that ended in murder, the victims were involved in a quarrel and instigated the murder.
2. In cases of kidnapping, the victim first consented to the robbery, and the police claimed that he was forced after he was found.
3. Addiction is not the main cause of violence against women.
4. Hatred (a) against women leads to violence by persons who develop hostile feelings.
5. Use violent means for the sole purpose of humiliating women.

Narrative of violence against women:

1. Conspiracy

• After the death of the husband, throwing the wife into his corpse
• 1829-Conspiracy Act
• 1987 – Conspiracy (Prohibition) Act
• Dowry atrocities
• Child marriage

According to Indian law, marriages are performed when a girl is below 18 years of age and a boy is under 21 years of age

Reasons:

1. Illiterate parents
2. Poverty
3. Dowry
4. Insecure society
5. Population growth
6. Defects in Act

Consequences of child marriages:

1. Increase in perinatal mortality
2. Increasing number of malnourished children
3. Increasing poverty
4. Emergence of domestic violence
5. Affected mood of women

Laws against:

1. Sarada Act – 1929
2. Child Marriage Prohibition Act – 2006
3. Child Marriage Prevention Officers
4. Marriage Assistance Scheme

Duties:

1. Adherence to strict rules
2. Creating awareness
3. Manipulation of child marriage statistics
4. Addressing the consequences of child marriage in villages
5. Highlighting other schemes of the government

Girl child murder:

Killing newborn girls

Reasons:

1. Poverty
2. Drought
3. Child marriage
4. Boy crush
5. Inexperience
6. Lack of knowledge
7. Miscarriage of an unmarried woman
8. Dowry

Consequences:

1. Gender difference
2. Low sex ratio
3. Declining female literacy
4. Economic recession
5. Emergence of masculine society

Projects:

1. Cradle Child Scheme – 1992
2. Protection of Girl Child Scheme – 1992
3. Save the Girl Child Teach the Girl Child Program – 2015

Those who marry for money:

1. A man marrying more than one woman at the same time
2. According to Hindu Marriage Act 1955 a person is allowed only one wife.

Sexual Harassment:

Sexual harassment of women in public places at workplace

By court order,

1. Physical Harassment
2. Inviting and coercion
3. Insistence on watching sexually oriented books and movies
4. Physical sexual coercion

Legal proceedings:

1. Sections 14, 15, 21, 19(1) (g)
2. The Sexual Harassment (Prevention, Exclusion, Prevention) Act – 2013

Sexual harassment:

Sexual harassment of women in public places at workplace

By court order,

1. Physical Harassment
2. Inviting/coercing sex
3. Insistence on watching sexually oriented books and movies
4. Physical sexual coercion

Legal proceedings:

1. Sections 14, 15, 21, 19(1) (g)
2. The Sexual Harassment (Prevention, Exclusion, Prevention) Act – 2013

The problems of working women in India:

Gender discrimination in the workplace is systemic:

1. Discrimination in promotion
2. Discrimination in employment
3. Certain fields are reserved for men. (eg) Geology, Mechanical Engineering

Informal sector:

1. There is no equal pay for equal work.
2. Non-availability of maternity benefits.
3. A lot of physical work is required.
4. Physical health is affected.
5. Lack of social security for working women in rural areas

Sexual harassment:

1. Main problem of working women
2. Sexual harassment in the workplace (eg) nurses, tertiary professions are heavily affected.
3. Higher officers asking women for sexual favors puts women in distress
4. Engaging in sexual offenses in public places and Stalking

Transportation:

1. Public transport is not safe for women
2. Women’s property, jewelry is stolen.
3. Sometimes murder also takes place
4. Female teasing is normal in public places.

Families:

Women do housework and children; They face difficulty when looking at office work together.

Lack of financial independence:

1. Although the woman is the wage earner, most of the families are dependent on the husband for financial needs.
2. The reason for this is – patriarchal attitude

Wedding Gift:

1. Dowry is a big challenge in today’s society even for working women
2. Dowry is still a problem among the upper middle

Human rights:

1. Human rights are the rights that a human being has by nature.
2. It can be the basic source of all the progressive activities of every human being.
3. The United Nations after World War II. It is taking various steps to protect human rights.

Social challenges:

Human Rights Issues in India:

1. Contract Labor Child Labour
2. Untouchability
3. Female infanticide
4. Domestic violence
5. Sexual harassment of women in the workplace
6. Child marriage
7. Exploitation against women
8. Attacks on Adi Dravidian (a) tribal people

Economic challenges:

1. Poverty
2. Unemployment
3. Drug addiction
4. Denial of consumer rights

Religious challenges:

1. Racism / Sectarianism
2. Caste violence
3. Honor killings
4. Communalism

Political challenges:

1. Violence in prisons
2. Fake Encounters
3. Political violence

Universal Resolution on Human Rights:

1. Human rights are rights relating to life, liberty, equality and dignity of an individual
2. UN The congregation was inaugurated on October 24, 1945.
3. It adopted the Charter of Human Rights on December 10, 1948.
4. Headquarters – New York (VSA)

30 Comments on the International Declaration:

1. Rights of the Individual : Articles 3 – 11
2. Article 3 – Liberty of Life (r) Rights relating to the security of an individual
3. Article 4 – Slavery (a) Abolition of slavery
4. Article 5 – No individual shall harass anyone
5. Article 6 – Right to recognition
6. Article 7 – All are equal before the law
7. Article 8 – Remedy from denial of fundamental right
8. Article 9 – No one shall be arrested extrajudicially.
9. Article 11 – Conviction shall not be based on conjecture.

Civil (M) Political Rights : Articles 12 – 17

1. Article 12 – Protection of law
2. Article 13 – Freedom of Movement
3. Article 14 – Right to seek asylum
4. Article 15 – Right to be a citizen of a country
5. Article 16 – Right to equality in marriage for all
6. Article 17 – Right to own property

Political, Spiritual, Public Liberty: Articles 18 – 21

1. Article 18 – Free and self. Right to think according to conscience
2. Article 19 – Right to express one’s thoughts, opinions and feelings
3. Article 20 – Right to form association and associations
4. Article 21 – Right to be an organ of government

Social, Economic and Cultural Rights: Article 22 – 27

1. Article 22 – Right to Social Security through Govt
2. Article 23 – Right to work
3. Article 24 – Right to retirement
4. Article 25 – Right to livelihood
5. Article 26 – Right to education
6. Article 27 – Right to free participation

Social Duties of an Individual : Articles 28 – 30

1. Article 28 – Entitlement to International (M)Community Orders
2. Article 29 – Duty of a caste
3. Article 30 – Protection of the right to “freedom” enshrined in the Charter

National Human Rights Act:

1. Constitutional provisions
2. Rule of Equity : 14 – 18
3. Freedom Clause : 19 – 22
4. Anti-exploitation clause : 23 – 24
5. Religious Right : 25 – 28
6. Cultural (a) Cultural Rights : 29 – 30
7. Subject to the Constitution : 32

Right to Settlement:

Legal provisions:

1. Laws enacted by Central and State Governments
2. Act to protect civil rights of SC / ST people
3. National Human Rights Act

Laws enacted by the Government of India:

1. Conspiracy Suppression Act – 1829
2. Child Marriage Abolition Act – 1929, 2006
3. Hindu Succession Act – 1956
4. The Self-Employment Act – 1976
5. SC / ST Protection from Injustices Act – 1989
6. National Human Rights Act – 1993
7. Right to Information Act – 2005
8. NGNREG Act – 2005
9. Protection of Civil Rights Act – 1955
10. Prevention of Trafficking in Women and Children Act – 1956
11. Maternity Benefit Act – 1961
12. Child Labor Abolition Act – 1976
13. National Commission for Women Act – 1990
14. National Commission for Minorities Act – 1992
15. National Commission for Backward Persons Act – 1993
16. Protection of Persons with Disabilities, Equal Rights Act – 1995

Amnesty International:

1. Protection of Human Rights (h) Its role is to prevent violation of human rights.
2. To recognize the needs of victims of human rights violations and provide adequate relief to them.

UN Commission on Human Rights:

1. It is one of the member organizations of the UN.
2. Enacted in the year 1946.
3. It was transformed into the UN Human Rights Council in 2006.
4. Headquarters – Geneva (Switzerland)

Missions of the UNCHR:

1. Guarantees the protection and promotion of human rights in accordance with international law.
2. Bringing international cooperation for human rights
3. International and national emphasis on human rights issues
4. An organization that coordinates international human rights events.
5. Encourages international commitment to the implementation of human rights.
6. Assists in drafting new laws to promote human rights.
7. Supporting human rights related organizations and conventions
8. Tends to act promptly on human rights violations.
9. Takes measures to protect human rights.
10. Active participation in departmental field activities, events related to human rights
11. Human Rights Education, Information Consultation. Providing technical assistance
12. Contribute to the establishment of human rights structures at the national level.

Human Rights Courts (District):

1. Under the National Protection of Human Rights Act 1993, a court for the protection of human rights was established in each district.
2. Acts in coordination as a grassroots best organization for the protection of human rights.

Organization:

A person who has worked as an advocate in this Court for 7 years is appointed (a) Public Prosecutor.

Assignments:

1. Created to expeditiously dispose of pending cases of alleged human rights violations.
2. It has ensured that human rights are protected from the bottom level of the society.
3. Tends to act promptly on human rights violations.
4. Conducts advocacy for human rights.
5. Assists in building human rights structures at the national level.

National Human Rights Commission:

1. Established under the Human Rights Act, 1993.
2. Headquarters – New Delhi
3. Chairman – Retired Supreme Court Judge
4. Tenure – 5 years / 70 years
5. Members
6. Retired Supreme Court Judge – 1
7. Retired Judge of High Court – 1
8. Experienced in Human Rights – 2
9. Appointee – President

State Human Rights Commission:

1. State Human Rights Commission was formed in Tamil Nadu in 1997.
2. Chairman – Retired Chief Justice of High Court
3. Members
4. Retired High Court Judge – 1
5. Retired District Judge – 1
6. Experienced Human Rights Activist – 2 persons
7. Appointment – Governor
8. Selection Committee – State Chief Minister, Home Minister, Assembly Speaker, Assembly Opposition Leader
9. Headquarters – Chennai
10. Tenure – 70 years / 5 years

Tasks:

1. Protection of Human Rights
2. Conduct human rights related studies
3. Inculcating human rights literacy
4. To create awareness about Human Rights through Media (M) Seminar
5. In cases of violation of human rights, the Commission shall investigate on its own initiative if the victims so request (a).
6. Examines the law brought against human rights.
7. Relieves the grievances of Adi Dravida (M) tribes.
8. Protects the rights of women (m) children.
9. Protects the freedom of life of the people.
10. Prison visitation

Powers:

1. Jurisdiction concurrent with Civil Court
2. Sending annual report to Govt
3. This report is presented to the Parliament / Legislature.
4. It operates according to constitutional guidelines.
5. Inquiring authorities as required
6. Summons to the needy

Role of NGOs in Tamil Nadu:

1. The NGO runs 4 homes for children with special needs. It is subsidized by the government. At present 135 children are being looked after.
2. Short-term shelters known as ‘Swadar Grah’ are run by 35 NGOs to enable women affected by the crisis to live with dignity and security.
3. NGOs notified under the Protection of Women from Domestic Violence Act 2005 act as service providers.
4. Government provides financial assistance to 21 old age homes run by NGOs.
5. The NGO implements integrated special home complexes for the elderly and underprivileged children.
6. Coordinated programs for senior citizens assisted by central government run by NGOs.
7. During the International Day of Older Persons on Oct 1, NGOs serving the welfare of the elderly are highlighted.
8. NGOs help in the advancement of women and children living below the poverty line
9. Provision of 10 lakhs as grant to Tamilnadu Government NGOs.
10. 6 rupee counseling centers run by NGO.
11. Govt gives awards to organizations and social services that have done the best for women.
12. NGOs participate in Jan Andolan programme.
13. 598 shelters are being run by NGOs under the National Child Shelter Scheme.
14. Participating in the Ukwala scheme.

Resource Center:

1. Inception in 2001
2. Working with the support of Tamil Nadu Women Development Corporation.
3. It is registered under the Tamil Nadu Societies Registration Act, 1975.

Mandal report:

1. Organization in 1979
2. Constitution under Article 340
3. Report 1980
4. Recommended 27% reservation for 3742 Other Backward Classes.
5. 1990 VP Singh Govt accepted the recommendation.
6. Social indicators – 4, economic indicators – 4, educational indicators – 3 used 11 indicators.

Arguments in favor of the Mandal report:

1. It fulfilled the needs of the sections of the society who had been living in discontent for many years.
2. Equality and hope for oppressed people in the society. It is a social duty to give.
3. This reservation is for central government jobs only. Most people are not affected by this.
4. These recommendations are not based on caste.
5. It is necessary to correct the injustice done to the weaker sections
6. It is necessary to provide equal opportunity to the backward sections

Arguments against the Mandal Report:

1. The method followed for identification of Other Backward Classes is wrong.
2. Calculations have been carried out using old statistics.
3. The details followed to identify the OBC class are incorrect.
4. Deficiency in sample selection, detail storage
5. Confusions in the use of words like caste and class
6. It is not a scientific method.
7. It does not say how the 27% reservation will be shared among each NGO segment.

Supreme Court Judgment – 1992:

1. Reservation should not exceed 50%
2. There should be no reservation in promotion
3. Minimum quality of work
4. Periodic review of list
5. Benefit reaches the real people

Disadvantages:

1. The system of caste discrimination has been revived.
2. Merit and talent are ignored.
3. It has changed the socio-economic structure of the country.
4. In some states, violence against reservation has increased.
5. Increased migration to places where reservation benefits are available.
6. There is discontent among the people belonging to the advanced classes.

Pros:

1. Reservation is essential for social justice
2. Social harmony
3. Empowerment
4. Affirmation of Constitutional Principles
5. Provision of employment
6. Abolition of untouchability
7. Fair representation
8. Positive discrimination
9. Remedy of Historical Mistakes

Necessary changes:

1. The benefits of reservation should reach only the truly backward people.
2. To protect SC / ST / OBC people from selfish leaders
3. No state should be allowed more than 50% of reservation – S.C judgment (Mandal case)
4. No reservation shall be allowed in promotion.
5. Minimum grading required for any position / task
6. The list of backward classes should be revised from time to time

The clauses related to social justice (a) empowerment:

1. Foreword
2. Fundamental Rights – 15, 16, 17, 18, 21, 21A, 23, 24
3. DPSP – 37, 38, 39A, 41, 46
4. SC/ ST, OBC Commission – 33B, 338A, 338B
5. 546^th Schedule
6. Reservation – 243, 334, 335