CHAPTER-3
Different Kinds of Crimes against Women
Q. 1. Give your views on the effect that the violence against woman has on society.
Ans. Effect on Society- According to an article in the Health and Human Rights Journal, regardless of many years of advocacy and involvement of many feminist activist organizations, the issue of violence against women still “remains one of the most pervasive forms of human rights violations worldwide.” The violence against women can occur in both public and private spheres of life and at any time of their life span. Violence against women often keeps women from wholly contributing to social, economic, and political development of their communities. Many women are terrified by these threats of violence and this essentially influences their lives so that they are impeded to exercise their human rights; for instance, they fear contributing to the development of their communities socially, economically and politically. Apart from that, the causes that trigger VAW or gender-based violence can go beyond just the issue of gender and into the issues of age, class, culture, ethnicity, religion, sexual orientation and specific geographical area of their origins.
Importantly, other than the issue of social divisions, violence can also extend into the realm of health issues and become a direct concern of the public health sector. A health issue such as HIV/AIDS is another cause that also leads to violence. Women who have HIV/AIDS infection are also among the targets of the violence. The World Health Organization reports that violence against women puts an undue burden on health care services, as women who have suffered violence are more likely to need health services and at higher cost, compared to women who have not suffered violence. Another statement that confirms an understanding of VAW as being a significant health issue is apparent in the recommendation adopted by the Council of Europe, violence against women in private sphere, at home or domestic violence, is the main reason of “death and disability among the women who encountered violence.
In addition, several studies have shown a link between poor treatment of women and international violence These studies show that one of the best predictors of inter and intranational violence is the maltreatment of women in the society.
Q. 2. What kinds of violence are faced by woman throughout her life cycle internationally?
Ans. Violence against women, also known as gender-based violence, is. collectively, violent acts that are primarily or exclusively committed against women Sometimes considered a hate crime, this type of violence targets a specific group with the victim’s gender as a primary motive. This type of violence is gender-based, meaning that the acts of violence are committed against women expressly because they are women. The UN Declaration on the Elimination of Violence Against Women states that: “violence against women is a manifestation of historically unequal power relations between men and women and that “violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.”
Violence against women (VAW) can fit into several broad categories These include violence carried out by “individuals” as well as “states” Some of the forms of violence perpetrated by individuals are rape, domestic violence. sexual harassment, coercive use of contraceptives; female infanticide, prenatal sex selection, obstetric violence and mob violence, as well as harmful customary or traditional practices such as honor killings, dowry violence, female genital mutilation, marriage by abduction and forced marriage. Some forms of violence are perpetrated or condoned by the state such as war rape, sexual violence and sexual slavery during conflict, forced sterilization, forced abortion; violence by the police and authoritative personnel, stoning and flogging. Many forms of VAW, such as trafficking in women and forced prostitution are often perpetrated by organized criminal networks.
The different kinds of violence faced by women throughout their life cycle have been summarised by the World Health Organisation in the following Typology Table:
WHO’s Typology Table
Phase Who’s Typology Table
Pre-birth :
Sex-selective abortion; effects of battering during pregnancy on birth outcomes.
Infancy :
Female infanticide: physical, sexual and psychological abuse.
Girlhood :
Child marriage; female genital mutilation; physical, sexual and psychological abuse: incest; child prostitution and pornography.
Adolescence & adulthood:
Dating and courtship violence (e.g. acid throwing and date rape), economically coerced sex (e.g. school girls having sex with “sugar daddies” in return for school fees); incest; sexual abuse in the workplace, rape, sexual harassment; forced prostitution and pornography. trafficking in women; partner violence; marital rape; dowry abuse and murders: partner homicide; psychological abuse; abuse of women with disabilities; forced pregnancy.
Elderly:
Forced “suicide” or homicide of widows for economic reasons; sexual, physical and psychological abuse.
Significant progress towards the protection of women from violence has been made on international level as a product of collective effort of lobbying by many women’s rights movements, international organizations to civil society groups. As a result, worldwide governments and international as well as civil society organizations actively work to combat violence against women through a variety of programs. Among the major achievements of the women’s rights movements against violence on girls and women, the landmark accomplishments are the “Declaration on the Elimination of Violence Against Women” that implies “political will towards addressing VAW” and the legal binding agreement, “the Convention on Elimination of all forms of Discrimination Against Women (CEDAW).” In addition, the UN General Assembly resolution also designated 25 November as International Day for the Elimination of Violence against Women.
This similar typology from an academic journal article on violence against women shows similarly the different types of violence perpetrated against women according to what time period in a women’s life the violence takes place. However, it also classifies the types of violence according to the perpetrator. One important point to note is that more of the types of violence inflicted on women are perpetrated by someone the woman knows, either a family member or intimate partner, rather than a stranger.
Q. 3. Violence against women can take a number of forms. Discuss the nature of different kinds of violence that women are subject to globally.
OR
Write a note on the following crimes that the women are subject to globally:
(i) Rape, (ii) Violence against rape victims, (iii) Marital rape, (iv) Domestic violence, (v) Honor killings, (vi) Dowry violence, (vii) Acid throwing, (viii) Forced marriage, (ix) Force-feeding, (x) Mob violence, (xi) Stalking, (xii) Sexual harassment, (xiii) Human trafficking and forced prostitution, (xiv) Mistreatment of widows, (xv) Accusations of witchcraft, (xvi) State violence like war rape and sexual slavery during military conflict, (xvii) Forced sterilization and forced abortion, (xviii) Violence by the police and other authority figures, (xix) Stoning and flogging, (xx) Female genital mutilation, (xxi) Breast ironing, (xxii) Obstetric violence, (xxiii) Sport-related violence.
Ans. Woman are subject to the following kinds of violence throughout the world :
(i) Rape- Rape is a type of sexual assault, usually involving sexual intercourse Rape is usually perpetrated by men against boys, women, and girls, women are usually assaulted more often than boys and girls and usually all by someone they know.
According to the American Medical Association (1995), sexual violence. and rape in particular, is considered the most underreported violent crime. The rate of reporting, prosecution and convictions for rape varies considerably in different jurisdictions. Rape by strangers is usually less common than rape by persons the victim knows.
Victims of rape can be severely traumatized and may suffer from posttraumatic stress disorder, in addition to psychological harm resulting from the act, rape may cause physical injury, or have additional effects on the victim. such as acquiring of a sexually transmitted infection or becoming pregnant
(ii) Violence against rape victims- Following a rape, a victim may face violence or threats of violence from the rapist, and, in many cultures, from the victim’s own family and relatives. Violence or intimidation of the victim may be perpetrated by the rapist or by friends and relatives of the rapist, as a way of preventing the victims from reporting the rape, of punishing them for reporting it, or of forcing them to withdraw the complaint, or it may be perpetrated by the relatives of the victim as a punishment for “bringing shame” to the family. This is especially the case in cultures where female virginity is highly valued and considered mandatory before marriage, in extreme cases, rape victims are killed in honor killings. Victims may also be forced by their families to marry the rapist in order to restore the family’s “honor
(iii) Marital rape- Marital rape, also known as spousal rape, is non- consensual sex perpetrated by the victim’s spouse. Once widely condoned or ignored by law, spousal rape is now repudiated by international conventions and increasingly criminalized. Still, in many countries, spousal rape either remains legal, or is illegal but widely tolerated and accepted as a husband’s prerogative. The criminalization of marital rape is recent, having occurred during the past few decades. Traditional understanding and views of marriage, rape, sexuality, gender roles and self determination have started to be challenged in most Western countries during the 1960s and 1970s, which has led to the subsequent crinunalization of marital rape during the following decades. With a few notable exceptions, it was during the past 30 years when most laws against marital rape have been enacted Some countries in Scandinavia and in the former Communist Bloc of Europe made spousal rape illegal before 1970, but most Western countries criminalized it only in the 1980s and 1990s. In many parts of the world the laws against marital rape are very new, having been enacted in the 2000s.
In Canada, marital rape was made illegal in 1983, when several legal changes were made, including changing the rape statute to sexual assault, and making the laws gender neutral. In Ireland spousal rape was outlawed in 1990 In the US, the criminalization of marital rape started in the mid-1970s and in 1993 North Carolina became the last state to make marital rape illegal. In England and Wales, marital rape was made illegal in 1991. The views of Sir Matthew Hale, a 17th-century jurist, published in The History of the Pleas of the Crown (1736), stated that a husband cannot be guilty of the rape of his wife because the wife “hath given up herself in this kind to her husband, which she cannot retract”; in England and Wales this would remain law for more than 250 years, until it was abolished by the Appellate Committee of the House of Lords, in the case of R v R in 1991. In the Netherlands marital rape was also made illegal in 1991. One of the last Western countries to criminalize marital rape was Germany, in 1997.
The relation between some religions (Christianity and Islam) and marital rape is controversial. The Bible at 1 Corinthians 7:3-5 explains that one has a “conjugal duty” to have sexual relations with one’s spouse (in sharp opposition to sex outside marriage which is considered a sin) and states that “The wife does not have authority over her own body, but the husband does. And likewise the husband does not have authority over his own body, but the wife does. Do not deprive one another… Some conservative religious figures interpret this as rejecting to possibility of marital rape. Islam makes reference to sexual relations in marriage too, notably “Allah’s Apostle said, ‘If a husband calls his wife to his bed (i.c. to have sexual relation) and she refuses and causes him to sleep in anger, the angels will curse her till morning:” and several comments on the issue of marital rape made by Muslim religious leaders have been criticized.
(iv) Domestic violence-Women are more likely to be victimized by someone that they are intimate with, commonly called “intimate partner violence or (IPV). Instances of IPV tend not to be reported to police and thus many experts believe that the true magnitude of the problem is hard to estimate Women are much more likely than men to be murdered by an intimate partner.
Though this form of violence is often portrayed as an issue within the context of heterosexual relationships, it also occurs in lesbian relationships, daughter-mother relationships, roommate relationships and other domestic relationships involving two women. Violence against women in lesbian relationships is about as common as violence against women in heterosexual relationships
(v) Honor killings- Honor killings are a common form of violence against women in ceriaan parts of the world. In honor killings, women and girls are killed by family members (usually husbands, fathers, uncles or brothers) because the women are believed to have brought shame or dishonor upon the family. These killings are a traditional practice, believed to have originated from tribal customs where an allegation against a woman can be enough to defile a family’s reputation. Women are killed for reasons such as refusing to enter an arranged marriage, being in a relationship that is disapproved by their relatives, attempting to leave a marriage, having sex outside marriage, becoming the victim of rape, dressing in ways which are deemed inappropriate
Honor killings are common in countries such as Afghanistan, Egypt. Iraq, Jordan, Lebanon, Libya, Morocco, Pakistan, Saudi Arabia, Syria, Turkey. Yemen. Honor killings also occur in immigrant communities in Europe, the United States and Canada. Although honor killings are most often associated with the Middle East and South Asia, they occur in other parts of the world too In India, honor killings occur in the northern regions of the country, especially in the states of Punjab, Haryana, Bihar, Uttar Pradesh, Rajasthan, Jharkhand. Himachal Pradesh and Madhya Pradesh. In Turkey, honor killings are a serious problem in Southeastern Anatolia.
(vi) Dowry violence-The custom of dowry, which is common in South Asia, especially in India, is the trigger of many forms of violence against women Bride burning is a form of violence against women in which a bride is killed at home by her husband or husband’s family due to his dissatisfaction over the dowry provided by her family. Dowry death refers to the phenomenon of women and girls being killed or committing suicide due to disputes regarding dowry Dowry violence is common in India, Pakistan, Bangladesh and Nepal. In India. in 2011 alone, the National Crime Records Bureau reported 8,618 dowry deaths. while unofficial figures suggest the numbers to be at least three times higher.
(vii) Acid throwing- Acid throwing, also called acid attack, or vitriolage. is defined as the act of throwing acid onto the body of a person “with the intention of injuring or disfiguring them) out of jealousy or revenge” The most common types of acid used in these attacks are sulfuric, nitric, of hydrochloric acid. Perpetrators of these attacks throw acid at their victims usually at their faces, burning them, and damaging skin tissue, often exposing and sometimes dissolving the bones The long term consequences of these attacks include blindness and permanent scarring of the face and body, Women and girls are the victims in 75-80% of cases. Acid attacks are often connected to domestic disputes, including dowry disputes, and refusal of a proposition for marriage, or of sexual advances. Such attacks are common in South Asia, in countries such as Bangladesh, Pakistan, India, and in Southeast Asia, especially in Cambodia. (Discussed in detail later in the chapter Offences Punishable under IPC.)
(viii) Forced marriage- A forced marriage is a marriage in which one or both of the parties is married against their will. Forced marriages are common in South Asia, the Middle East and Africa. The customs of bride price and dowry, that exist in many parts of the world, contribute to this practice. A forced marriage is also often the result of a dispute between families, where the dispute is ‘resolved’ by giving a female from one family to the other.
The custom of bride kidnapping continues to exist in some Central Asian countries such as Kyrgyzstan, Kazakhstan, Uzbekistan, and the Caucasus, or parts of Africa, especially Ethiopia. A girl or a woman is abducted by the would be groom, who is often helped by his friends. The victim is often raped by the would be groom, after which he may try to negotiate a bride price with the village elders to legitimize the marriage.
(ix) Force-feeding- In some countries, notably Mauritania, young girls are forcibly fattened to prepare them for marriage, because obesity is seen as desirable. This practice of force-feeding is known as leblouh or gavage. The practice goes back to the 11th century, and has been reported to have made a significant comeback after a military junta took over the country in 2008.
(x) -Mob violence: In 2010 Amnesty International reported that mob attacks against single women were taking place in Hassi Messaoud, Algeria According to Amnesty International, “some women have been sexually abused” and were targeted “not just because they are women, but because they are living alone and are economically independent.”
(xi) Stalking- Stalking is unwanted or obsessive attention by an individual or group toward another person, often manifested through persistent harassment, intimidation, or following/monitoring of the victim. Stalking is often understood as “course of conduct directed at a specific person that would cause a reasonable person to feel fear”. Although stalkers are frequently portrayed as being strangers, they are most often known people, such as former or current partners, friends, colleagues or acquaintances. (Discussed in detail later in the chapter Offences Punishable under IPC.)
(xii) Sexual harassment- Sexual harassment is abusive, uninvited and unwelcome behavior of a sexual nature, typically in the work/studying place, which may include intimidation, bullying or coercion of a sexual nature, or the happropriate promise of rewards in exchange for sexual favors. It can be verbal or physical, and it is often perpetrated by a person in a position of authority against a subordinate In the United States, sexual harassmem is a form of discrimination which violates Title VII of the Civil Rights Act of 1964. The Council of Europe Convention on preventing and combating violence against women and domestic violence defines sexual harassment as any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment (Discussed in detail later in the chapter Offences Punishable under IPC.)
(xiii) Human trafficking and forced prostitution- Human trafficking refers to the acquisition of persons by improper means such as force, fraud or deception, with the aim of exploiting them. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children states that “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs”
Because of the illegal nature of trafficking, reliable data on its extent is very limited. The WHO states that: “Current evidence strongly suggests that those who are trafficked into the sex industry and as domestic servants are more likely to be women and children.” A 2006 study in Europe on trafficked women found that the women were subjected to serious forms of abuse, such as physical or sexual violence, which affected their physical and mental health.
Forced prostitution is prostitution which takes place as a result of coercion by a third party. In forced prostitution, the party/parties who force the victim to be subjected to unwanted sexual acts exercise control over the victim.
(xiv) Mistreatment of widows– A widow is a woman whose spouse has died. In some parts of the world, widows are subjected to serious forms of abuse, often fueled by traditional practices such as widow inheritance. The sacrifice of widows (such as sati) has been prevalent historically in various cultures (especially in India). Although sati in India is today an almost defunct practice, isolated incidents have occurred in recent years, such as the 1987 sati of Roop Kanwar, as well as several incidents in rural areas in 2002, and 2006.
(xv) Accusations of witchcraft– Witch trials in the early modern period (between the 15th and 18th centuries) were common in Europe and in the European colonies in North America. Today, there remain regions of the world (such as parts of Sub-Saharan Africa, rural North India, and Papua New Guinea) where belief in witchcraft is held by many people, and women accused of being witches are subjected ected to serious violence. In addition, there are also countries which have criminal legislation against the practice of witchcraft. In Saudi Arabia, witchcraft remains a crime punishable by death.
(xvi) State violence like war rape and sexual slavery during military conflict- War rapes are rapes committed by soldiers, other combatants or civilians during armed conflict or war, or during military occupation, distinguished from sexual assaults and rape committed amongst troops in military service. It also covers the situation where women are forced into prostitution or sexual slavery by an occupying power. During World War II the Japanese military established brothels filled with “comfort women”, girls and women who were forced into sexual slavery for soldiers, exploiting women for the purpose of creating access and entitlement for men.
Another example of violence against women incited by militarism during war took place in the Kovno Ghetto. Jewish male prisoners had access to (and used) Jewish women forced into camp brothels by the Nazis, who also used them.
Rape was committed during the Bangladesh Liberation War by members of the Pakistani military and the militias that supported them. Over a period of nine months, hundreds of thousands of women were raped. Susan Brownmiller. in her report on the atrocities, said that girls from the age of eight to grandmothers of seventy-five suffered attacks.
Rape used as a weapon of war was practiced during the Bosnian War where rape was used as a highly systematized instrument of war by Serb armed forces predominantly targeting women and girls of the Bosniak ethnic group for physical and moral destruction.
A 1995 study of female war veterans found that 90 percent had been sexually harassed. A 2003-survey found that 30 percent of female vets said they were raped in the military and a 2004 study of veterans who were seeking help for post-traumatic stress disorder found that 71 percent of the women said they were sexually assaulted or raped while serving.
(xvii) Forced sterilization and forced abortion- Forced sterilization and forced abortion are forms of gender-based violence. Forced sterilization has occurred throughout much of the world, both at the hands of the state and from intimate partners. Studies show forced sterilizations often target socially and politically disadvantaged groups such as racial and ethnic minorities, the poor, and indigenous populations. According to the Convention on the Elimination of all forms of Discrimination Against Women, all “women are guaranteed the right to decide free’y and responsibly on the number of and spacing of their children, and to have access to information, education, and means to enable them to exercise these rights.”
In the United States, much of the history of forced sterilization is connected to the legacy of eugenics. Many doctors thought that they were doing the country a service by sterilizing poor, disabled, and/or minority women, whom they considered a drain on the system. In 1975 the Government Accounting Office (GAO) in America launched an investigation in response to numerous reports that IHS had forcibly sterilized Native American women. The official GAO report included the following findings of IHS sterilization practices:
1. Inadequate consent forms, including:
i. Failure to indicate that the basic elements of informed consent had been presented orally
ii. Failure to maintain written summaries of oral presentations
iii : Failure to properly notify patients of their right to withdraw consent
2. Failure to comply with Department of Health, Education, and Welfare
(HEW)’s mandatory 72-hour waiting period between the signing of a consent form and the performing of voluntary sterilization surgery. This included several consent forms signed the day of the surgery, and some signed after the procedure had occurred.
3. Failure to monitor sterilization practice at contracted facilities, and failure to stipulate that contracted doctors must follow HEW regulations.
4. Failure to follow the HEW moratorium on performing sterilizations on women under the 21 years of age.
5. Failure to fully divulge the required information on alternative methods of birth control and the risks involved with the procedure.
(xviii) Violence by the police and other authority figures- When police officers misuse their power as agents of the state to physically and sexually harass and assault victims, the survivors, including women, feel much less able to report the violence. It is standard procedure for police to force entry into the victim’s home even after the victim’s numerous requests for them to go away Government agencies often disregard the victim’s right to freedom of association with their perpetrator. Shelter workers are often reduced themselves to contributing to violence against women by exploiting their vulnerability in exchange for a paying job.
Human rights violations perpetrated by police and military personnel in many countries are correlated with decreased access to public health services and increased practices of risky behavior among members of vulnerable groups such as women and female sex workers. These practices are especially widespread in settings with a weak rule of law and low levels of police and military management and professionalism. Police abuse in this context has been linked to a wide range of risky behaviors and health outcomes, including post-traumatic stress disorder (PTSD), and substance abuse. Extortion of sexual services and police sexual abuse have been linked to a decrease in condom use and an elevated risk of STI and HIV infections among vulnerable groups.
(xix) Stoning and flogging– Stoning, or lapidation, refers to a form of capital punishment whereby an organized group throws stones at an individual until the person dies. Stoning is a punishment that is included in the laws of several countries, including Iran, Saudi Arabia, Sudan, Pakistan, Yemen, the United Arab Emirates, and some states in Nigeria, as punishment for adultery Flogging or flagellation is the act of methodically beating or whipping the human body. It is a judicial punishment in various countries for specific crimes. including sex outside marriage These punishments employed for sexual relations outside marriage, apart from constituting a form of violence in themselves, can also deter victims of sexual violence from reporting the crime, because the victims may themselves be punished (if they cannot prove their case, if they are deemed to have been in the company of an unrelated male, or if they were unmarried and not virgins at the time of the rape).
(xx) Female genital mutilation- Female genital mutilation (FGM) is defined by the World Health Organization (WHO) as “all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.” According to a 2013 UNICEF report, 125 million women and girls in Africa and the Middle East have experienced FGM The WHO states that: “The procedure has no health benefits for girls and women” and “Procedures can cause severe bleeding and problems unnating, and later cysts, infections, infertility as well as complications in childbirth increased risk of newborn deaths” and “FGM is recognized internationally as a violation of the human rights of girls and women. It reflects deep-rooted inequality between the sexes, and constitutes an extreme form of discrimination against women”.
It is considered to be a traditional practice which continues to take place in different communities/countries of Africa and Middle East, including in places where it is banned by national legislation. FGM is defined as a “harmful traditional practice” in accordance to the Inter-African Committee. Due to globalization and immigration, FGM is spreading beyond the borders of Africa and Middle East, to countries such as Australia, Belgium, Canada, France, New Zealand, the U.S., and UK.
FGM as a public health issue The existing approaches to eliminate FGM are principally founded on health-based arguments and methods. Supporters of that approach established their arguments on the need to protect women’s health from hazards caused by FGM. It is acknowledged that FGM affects women’s health, reproduction, and sexual functioning. According to the World Health Organization’s findings “women who have had FGM) are significantly more likely to experience difficulties during childbirth and that their babies are more likely to die as a result of the practice”. Moreover, it can “result in myriad complications, from infections, menstrual difficulties and painful intercourse to…stillbirths and brain-damaged infants, increased risk of HIV infection, and psychological and emotional stress.” Therefore, in order to eradicate the procedure, advocates of the health risks approach designed strategies to raise public awareness of the harm of FGM to women’s bodies and health. The health approach was commonly used and promoted, until it was criticized and, to a certain extent, replaced by the human rights approach.
FGM as a human rights issue: In 1993, at the Vienna World Conference on Human Rights, the issue of FGM was for the first time addressed as a form of violence against women under the framework of International Human Rights. Since then, the elimination of FGM has taken a prominent place in the agenda of the international human rights discourse, leaving behind the health risk approach.
“The global human rights discourse differs from earlier Western policies, which focused on health in relation to female genital mutilation. It modifies earlier Western feminist arguments that read female genital mutilation as patriarchal control over women’s bodies and sexuality, and as a symbol of women’s subordination.
The buman rights based arguments are founded principally on a concept of universal human rights. Supporters of that approach emphasize the flagrant violation of fundamental rights, and they consider FGM to be a violent violation of children’s and women’s fundamental rights including the right to life, the right to be protected from cruel treatment, the right to physical integrity, and the right to health. According to Shell-Duncan FGM is violence against not only women, but it also constitutes a violation in the rights of child not yet achieved puberty.
The use of International Human Rights discourse to tackle FGM has, however, faced challenges such as “there are no international human rights instruments that specifically address female genital cutting”. Therefore, advocates of FGM’s elimination, building their arguments upon the UN Declarations. Conventions, and A Theory of Justice, suggest that the issue of FGM can be addressed under the legal framework of the three legal instruments such as: Violation of Rights of Child, violation of rights of women, and the right to be protected from torture.
(xxi) Breast ironing- Breast ironing (also known as “breast flattening”) is the practice of pounding and massaging the breasts of a pubescent girl, using hard or heated objects, in an attempt to try to make them stop developing or disappear. It is typically carried out by the girl’s mother, with the aim of making the girl less sexually attractive to men and boys, so that her virginity is preserved and she can continue her education. It is practiced primarily in Cameroon, but has also been reported across other areas in West and Central Africa. Breast ironing is very painful and can have negative emotional and physical consequences.
(xxii) Obstetric violence-“Obstetric violence” refers to acts categorized as physically or psychologically violent in the context of labor and birth. In most developed and many developing countries, birth takes place in an increasingly medicalized environment; with numerous surgical interventions that women can sometimes be coerced into accepting, or which are done without her consent. Medicalized birthing practices and interventions such as Caesarean sections, episiotomies and hormonal birth induction; which should normally be restricted to only a minority of cases where risks for the mother are clear, are increasingly being used during births that could otherwise take place naturally. Some organizations and scholars consider this a violent act against the woman and her child.
The concept also includes the unjustified use of instruments and maneuvers that have been recognized as risky to the health of the mother and child, or whose benefits and risks have not been sufficiently examined (use of Forceps, Kristeller maneuver, vacuum extraction. The World Health Organization warns that “the boom in unnecessary surgeries is jeopardizing women’s health”, that Caesarean sections have reached “epidemic proportions” in many countries (46% in China, 32.9% in the United States, 25% and above in many Asian, European and Latin American countries), and that sometimes financial incentives for doctors and hospitals have an influence too.
Concerning episiotomies, the World Health Organization informs that they “carry a greater risk of getting infected, and can cause a higher blood loss, than (natural) tears”, and that “Limiting the use of episiotomy to strict indications has a number of benefits: less posterior perineal trauma, less need for suturing and fewer complications”. England’s National Health Service informs that episiotomies may cause pain and discomfort for the woman for many months after their child’s birth, and the American Congress of Obstetricians and Gynecologists also recommends a restriction on their use. Some sources refer to North American obstetricians and gynecologists, especially between the 1950s and 1980s, practicing what was called the husband’s stitch: placing extra stitches in the woman’s vagina after the episiotomy or natural tearing. supposedly to increase the husband’s future sexual pleasure and often causing long-term pain and discomfort to the woman. However, there is no proof that such a practice was widespread in North America, but mentions of it frequently appear in studies about episiotomy, also in other American countries such as Brazil.
The WHO recently stated that “in normal birth, there should be a valid reason to interfere with the natural process. The aim of care is to achieve a healthy mother and child with the least possible level of intervention compatible with safety”. Practices that should be stopped (in normal labor), according to the WHO:
Shaving the pubic hair
Giving an enema to empty the bowels
Electronic fetal monitoring
Not letting the woman eat or drink
Telling the woman to hold her breath and push during the second stage of labor (rather than leaving it to do her own way)
Stretching and interfering with the entrance to the vagina when the baby is being born
Episiotomy
Taking the baby away from its mother at birth
Getting the woman to lie down on her back during labor and/or delivery Legal action against obstetric violence-In Venezuela, as well as in the Mexican states of Veracruz. Chiapas, Guanajuato and Durango, laws have been passed to give women the right to a life free of obstetric violence Venezuela’s Organic Law on the Right of Women to a Life Free of Violence, approved November 2006, defines on its Article 51 the following acts as forms of obstetric violence:
Failing to timely and efficiently take care of obstetric emergencies
Forcing the woman to give birth in a face-up (lithotomy) position and with legs on stirrups, when the means are available for vertical birth,
Blocking the child’s early attachment to the mother without a justified medical cause, denying the mother the possibility of picking up the child and breastfeeding immediately after birth,
Altering the natural process of the low-risk birth, by use of induction and acceleration techniques, without obtaining the mother’s voluntary, explicit and informed consent.
Practicing caesarean sections when the conditions are available for natural birth, without obtaining the mother’s voluntary, explicit and informed consent.
(xxiii) Sport-related violence: Sport-related violence against women refers to any physical, sexual, mental acts that are “perpetrated by both male athletes and by male fans or consumers of sport and sporting events, as well as by coaches of female athletes”.
The documenting reports and literature suggest that there are obvious connections between contemporary sport and violence agains women. Such events as the 2010 World Cup, the Olympic and Commonwealth Games “have highlighted the connections between sports spectatorship and intimate partner violence, and the need for police, authorities and services to be aware of this when planning sporting events”.
Sport-related violence can occur in various contexts and places, including homes, pubs, clubs, hotel rooms, the streets.
CHAPTER – 4
Activism to Check Violence against Women
Q. 1. Give an account of the activism to curb violence against women across the globe. What has been the achievement of these movements?
Ans. Activism refers to “a doctrine or practice that emphasizes direct vigorous action especially in support of or opposition to one side of a controversial issue.” In the activism for violence against women, the objectives are to address and draw public attention on the issues of VAW as well as seek and recommend measures to prevent and eliminate this violence. Many scholarly articles suggest that the VAW is considered as a violation of human rights as well as public health issue.”
The VAW movement was initiated in the 1970s where some feminist movements started to bring the discussion on the issue of violence into the feminist discourse and that many other groups, on the national as well as international levels, had attempted to push for the betterment of women through lobbying of the state officials and delegates, demanding the conferences on gender issues and thus made the VAW known to a wider range of population.
VAW activist movements come in many forms and operate through different levels at “local, national and international levels” and different approaches: health and human rights frameworks. The movements stemmed mostly from social movements and groups of women who see the need to create organizations to lobby’ their governments to establish “sanctuaries, shelters and provision of services that help protecting these victims or so- called battered women from acts of violence. The activist organizations against VAW, some with and the others without the support of their governments, attempted to develop “innovative efforts” to assist the battered women by providing services such as shelters and centers for these women, drafting and lobbying the governments to include the recognition and language of VAW into national legislations and international human rights instruments, advocating to raise the awareness of people via education and training sessions, forming national, regional as well as international networks to empower the movements; organizing demonstration and gathering more efforts to end violence acts against women. In addition, many women’s rights activist groups see the issue of violence against women as a central focus of their movements. Many of these groups take human rights’ approach as the integral framework of their activism. These VAW movements also employ the idea of ‘women’s rights are human rights, transform the concepts and ideas of human rights, which are mostly reckoned to be ‘Western concepts’ and ‘vernacularize them into the concepts that can be understood in their local institutions.
Levels of activist movements On the local or national level, the VAW movements are diverse and differ in their strategic program of intervention. An example of activism on the local level can be seen in South Africa. The movements of VAW in this context employ a strategy that is based on the ‘prevention’ approach, whica is applicable on individual and societal levels: in families and communities. This movement encourages the individuals and small populations to rethink about their attitudes and beliefs in order to create a possibility to alter these deep-rooted beliefs and behaviors, which lead to the act of violence against women.
A number of regions of the world have come together to address violence against women. In South America, the Southern Cone Network Against Domestic Violence has worked extensively to address sexual and domestic violence since 1989 The Latin American and Caribbean Network Against Domestic and Sexual Violence, formed in 1990, includes representation from twenty-one different countries and has been instrumental in increasing the visibility of VAW. In September 1999, the Heads of States of the Southern African Development Community (SADC) met and drafted the Prevention and Eradication of Violence Against Women and Children, a document which condemned violence against women and children, and resolved a set of 13 methods of addressing it, reaching into the legal, social, economic, cultural, and political, social service; and education, training, and awareness building sectors.
On the transnational or regional level, the anti-violence movements also deploy different strategies based on the specificities of their cultures and beliefs in their particular regions. On this level, the activist movements are known as “transnational feminist networks” or TFNs. The TFNs have a significant effect, like the autonomous movements on the national level. in shaping sets of policies as well pushing for the recognition and inclusion of language of VAW in the United Nations human rights mechanisms: the international human rights agreements. Their activities are ranging from lobbying the policy makers; organizing demonstrations on the local and regional levels; to creating institutional pressure that could push for changes in the international institutional measures.
On the international level, the movements that advocate for women’s rights and against VAW are the mixture of (civil society) actors from the domestic and regional levels. On this level, the objectives of VAW movements focus on “creating shared expectations” within the domestic and regional levels as well as “mobilizing numbers of domestic civil society” to create “standards in global civil society. The global women’s movement determine to transform numbers of international conventions and conferences to “a conference on women’s rights” by pushing for a “stronger language and clearer recognition” of the VAW issues. In addition, the United Nations also plays a vital role in promoting and campaigning for the VAW movements on the international level. For instance, in 2008, Ban Ki-Moon, the UN Secretary General has initiated and launched the campaign called “UniTE To End Violence Against Women.” This campaign “calls on governments, civil society, women’s organizations, young people, the private sector, the media and the entire UN system to join forces in addressing the global pandemic of violence against women and girls. Moreover, this campaign also announces every 25th of the month to be “Orange Day” or “a day to take action to raise awareness and prevent violence against women and girls”
In conclusion, each level of activism is intertwined and has the common purpose to end violence against women. The activism on the local level can significantly affect the movements on the other levels: transnational and international levels. All in all, the effort on different levels lead to change that can perpetrate to all levels. In a scholarly article on Combating Violence Against Women, the authors illustrated from their research analysis on how the norms of international society can shape and influence the policy making on the domestic or national level and vice versa. They argue that there are ‘three’ mechanisms, which have effects on the making of national policies as well as global agreements and conventions. Three of which are “1) the influence of global treaties and documents such as CEDAW on women’s rights” on the national policies “2) the influence of regional agreements on VAW (particularly after certain tipping points are reached)” on both domestic policies and international conventions and “3) regional demonstration effects or pressure for conformity captured as diffusion within regions” on the international norms and agreements.
Achievements of the VAW movements-
On the global level-The first major document that highlights the recognition of violence against women as a human rights violation: the United Nations Declaration on the Elimination of Violence Against Women in Vienna, 1993. It was a result of collective effort of global feminist movement to transform the Vienna conference from a general and mainstream human rights conference into the conference on women’s rights. As before the other human rights organizations such as Amnesty International and Human Rights Watch did not focus on the issue of VAW and did not consider rape and domestic violence as violations of human rights despite of the fact that they also have agenda on women’s rights.
The 1995 Fourth World Conference on Women in Beijing. During the 4th Women Conference, VAW was emphasized and named as a critical concern. Also, the spillover effect was that this push highlighted the need for the development of “new international norms” that have often been used by activists and governments the proposition of legislation that provide other action to redress the acts of violence.
Subsequently, the push from the global feminist movement also push for the fully incorporation of the VAW issues into the “Committee on the Elimination of Discrimination Against Women” or CEDAW whereas the “original text of CEDAW in 1979 did not explicitly mention violence against women”
On the regional level- Americas: the Inter-American Convention on Violence Against Women, which was formally announced and adopted by the Organization of American States (OAS) in 1994, immediately after the Vienna Conference.
Europe: The European Union (EU)’s initiatives to combat violence against women after the 1990s: the 1997 resolution calling for a zero tolerance: specifically on UN human rights instruments of CEDAW and the Vienna Declaration.
The Council of Europe also developed “a series of initiatives” related to the issue of VAW “the 2000 resolution on trafficking, the 2003 resolution on domestic violence, and the 2004 resolution on honor crimes as well as promoted “the 2002 recommendation on the protection of women against violence and established its monitoring framework.”
Africa: There emerged a series of regional meetings and agreements, which was triggered by the UN processes on the international level such as Third World Conference on Women in Nairobi, 1985; the 1993 Kampala Prep Com; the 1994 Africa-wide UN women’s conference that led to the identification of VAW as a critical issue in the Southern African Women’s Charter
Access to justice for women victims of violence: International and regional instruments- Efforts to fight violence against women can take many forms and access to justice, or lack thereof, for such violence varies greatly depending on the justice system. International and regional instruments are increasingly used as the basis for national legislation and policies to eradicate violence against women.
Examples of measures put in place- As violence is often committed by a family member, women first started by lobbying their gov governments to set up shelters for domestic violence survivors. The Julia Burgos Protected House established in Puerto Rico in 1979 was the first shelter in Latin America and the Caribbean for battered women. In 2003, 18 out of the 20 countries in the region had legislation on domestic or family violence, and 11 countries addressed sexual violence in their laws. Legislative measures to protect victims can include restraining orders, which can be found in Colombia, El Salvador, Guatemala Paraguay, Venezuela, Turkey, the United States and many western European countries for instance.
Courts can also be allowed by law (Germany, 2001) to order the perpetrator to leave the home so that victims do not have to seek shelter. Countries were urged to repeal discriminatory legislation by 2005 following the review of the Beijing Declaration and Platform for Action in 2000. Egypt, for instance, abolished a law that exempted men from rape charges when marrying their victims. However, the goal of antiviolence legislation is often to keep the families together, regardless of the best interests of women, which perpetuate domestic violence.
Innovative measures have been pioneered in a number of countries to end violence against women. In Brazil and Jordan, women’s police stations have been introduced, and one-stop women’s shelters were created in Malaysia and Nicaragua.
In 2013 the UN General Assembly passed its first resolution calling for the protection of defenders of women’s human rights. The resolution urges states to put in place gender-specific laws and policies for the protection of women’s human rights defenders and to ensure that defenders themselves are involved in the design and implementation of these measures, and calls on states to protect women’s human rights defenders from reprisals for cooperating with the UN and to ensure their unhindered access to and communication with international human rights bodies and mechanisms.
Q. 2. Discuss the challenges faced by women in accessing justice and limitations of measures to curb violence against them.
Ans. Challenges faced by women in accessing justice and limitations of measures:
(i) There can be a de jure or de facto acceptance of violent behaviors and lack of remedies for victims.
(ii) Lack of criminalization-In many places, acts of abuse, especially acts such as female genital mutilation, marital rape, forced marriage and child marriage, are not criminalized, or are illegal but widely tolerated, with the laws against them being rarely enforced. There are instances where crimes against women are also categorized as minor offenses.
(iii) Lack of awareness of the existing laws-In many places, although there are laws against violence on the books, many women do not know of their existence. This is especially the case with marital rape – its criminalization being very recent in most countries.
(iv) Challenges in making a case in court-The burden of proof can be placed on the victim. For instance in the Philippines, before a change in law in 1997, rape used to be described as a crime against chastity, and virginity played an important role in court. In various countries, such as Bangladesh, a woman’s past sexual experience continues to be very important in a case of rape Bangladesh has received criticism for its employment of the “two-finger test” in rape investigations. This test consists in a physical examination of women who report rape during which a doctor inserts two fingers in the woman’s vagina to determine whether the woman is “habituated to sex”. This examination has its origin in the country’s British colonial-era laws dating back to 1872. This deters many women from reporting rape. More than 100 experts, including doctors, lawyers, police, and women’s rights activists had signed a joint statement in 2013 asking for the test, which they called “demeaning”, to be abolished, as it “does not provide any evidence that is relevant to proving the offence.” This test is also performed in several other countries in the region, including India. It can also be difficult to make a case of sexual assault in court, when members of the judiciary expect evidence of severe struggle and injury as determinative evidence of non-consent. On the other hand, there are measures, such as the 2012 law in Brazil, that allow for cases to be filed even without the representation of the victim.
(v) Existing laws are insufficient -Existing laws are insufficient, conflicting, and have no effect in practice. Some laws on domestic violence, for instance, conflict with other provisions and ultimately contradict their goals. In Ukraine, a law on domestic violence also provides that the police can arrest the victim for provocation. Legal frameworks can also be flawed when laws that integrate protection do so in isolation, notably in relation to immigration laws. Undocumented women in countries where they would have, in theory, access to justice, don’t in practice for fear of being denounced and deported The CEDAW Committee recommends that a State authority’s obligation to report undocumented persons be repealed in national legislation.
(vi) Measures to address violence against women range from access to legal-aid to the provision of shelters and hotlines for victims. Despite advances in legislation and policies, the lack of implementation of the measures put in place prevents significant progress in eradicating violence against women globally. This failure to apply existing laws and procedures is often due to the persisting issue of gender stereotyping.
(vii) The barriers that women face in participating in the justice system as lawyers, law enforcement officers etc. also play an important role in perpetuating a lack of concern for women victims of violence. In war and post-conflict times. women are often denied a seat at the negotiation table despite the role they may have played in peacebuilding processes, thus preventing issues such as sexual violence to be pushed forward on the agenda.
(viii) Measurement of the effect of these measures is also difficult due to a lack of data and coordination of efforts between policy-makers and implementing partners.
CHAPTER -5
Abolition of the Practice of Sati
THE COMMISSION OF SATI (PREVENTION) ACT, 1987
Q. 1. Why was the Commission of Sati (Prevention) Act, 1987 was passed? What are its objects?
Ans. Inspite of the provisions in the Indian Penal Code for the prevention of suicide, the continuance of the practice of Sati and its glorification has been on increase in the recent years. The Code of Criminal Procedure, 1973. contains provisions to prosecute the person for the abetment of Sati. This has not been proved effective for prevention of sati and its glorification. Therefore the Commission of Sati (Prevention) Act, 1987 was enacted.
Objects of the Act- This Act was enacted to provide for the more effective prevention of the commission of sati and its glorification and for matters connected therewith or incidental thereto. The sati or the burning or burying alive of widows or women is revolting to the feelings of human nature and is nowhere enjoined by any of the religions of India as an imperative duty, therefore, it was felt necessary to take more effective measures to prevent the commission of sati and its glorification. Hence this Act was enacted.
Q. 2. Define (i) Glorification, (ii) Sati, and (iii) Temple.
Ans. (i) Glorification- Sec. 2(b) of the Act defines the term as-
“Glorification”, in relation to sati, whether such sati was committed before or after the commencement of this Act, includes, among other things,-
(i) the observance of any ceremony or the taking out of a procession in connection with the commission of sati: or
(ii) the supporting, justifying of propagating the practice of sati in any manner, or
(iii) the arranging of any function to eulogise the person who has committed sati; or
(iv) the creation of a trust, or the collection of funds, or the construction of a temple of other structure or the carrying on of any form of worship or the performance of any ceremony threat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati”
Chunri ceremony in Rajasthan is associated with glorifying Sati and the celebration is a part of the traditional process of religious offerings in sati temples. Therefore the Supreme Court upheld the restraint on such a practice
(ii) Sati means the act of burying alive of-
(i) any widow along with the body of her deceased husband or any other relative or with any article, object or thing associated with the husband or such relative; or
(ii) any woman along with the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary on the part of the widow or the woman or otherwise. [Sec. 2(c)]
(iii) Temple includes any building or other structure, whether roofed or not, constructed or made to preserve the memory of a person in respect of whom sati has been committed or used or intended to be used for the carrying on of any form of worship or for the observance of any ceremony in connection with such commission. [Sec. 2(e)]
Q. 3. What acts shall be deemed to be abetment of the commission of Sati?
Ans. Sec. 4 makes the abetment of the commission of Sati severely punishable. It is at par with the offence of murder. According to this section, when a person commits sati, the abettor shall be punishable with death of imprisonment of life, and shall also be liable to fine. Again, abettor of the attempt to commit sati shall be punishable with imprisonment for life and shall also be liable to fine.
Now, what acts shall be deemed to be abetment? Explanation to sec. 4 enumerates these acts. These are-
(a) any inducement to a widow or woman to get her burnt or buried alive along with the body of her deceased husband of with any other relative or with any article, object or thing associated with the husband or such relative, irrespective of whether she is in a fit state of mind or is labouring under a state of intoxication of stupefaction or other cause impeding the exercise of her free will:
(b) making a widow or woman believe that the commission of sati would result in some spiritual benefit to her or her deceased husband of relative or the general well being of the family.
(c) encouraging a widow or woman to remain fixed in her resolve to commit sati and thus instigating her to commit sati;
(d) Participating in any procession in connection with the commission of sati or aiding the widow or woman in her decision to commit sati by taking her along with the body of her deceased husband or relative to the cremation or burial ground.
(e) being present at the place where sati is committed as an active participant to such commission or to any ceremony connected with it;
(f) preventing or obstructing the widow or woman from saving herself from being burnt or buried alive:
(g) obstructing or interfering with, the police in the discharge of its duties of taking any steps to prevent the commission of sati.
Q. 4. What acts are punishable under the Commission of Sati (Prevention) Act, 1987? Is the glorification of sati also punishable ?Discuss.
Ans. Acts punishable under the Act -Sec. 3 punishes the attempt to commit sati or any act towards such commission, with imprisonment for a term which may extend to six months or with fine or with both.
Sec. 4 makes the abetment of the commission of Sati severely punishable. It is at par with the offence of murder. According to this section, when a person commits satı, the abettor shall be punishable with death or imprisonment of life, and shall also be liable to fine. Again, abettor of the attempt to commit sati shall be punishable with imprisonment for life and shall also be liable to fine.
Sec. 5 punishes the glorification of Sati. According to it-Whoever does any act for the glorification of sati shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.
Sec 6 empowers a Collector or the District Magistrate to issue order to prohibit any act towards commission of sati and also its glorification in any manner. The contravention of any of such order shall attract punishment with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.
Sec 17 puts an obligation on certain persons to report about the commission of offence under this Act. These persons are all officers of Government, all village officers, inhabitants of any area in which a sati is about to be, or has been, committed. These persons are required to assist the police in the execution of the provisions of the Act.
Sec 18 disqualifies a person convicted under sec. 4 to inherit the property of the person in respect of whom sati has been committed, or the property of any other person which he would have been entitled to inherit on the death of the person in respect of whom such sati has been committed.
Sec. 19 disqualifies a convict under this Act to be a candidate at an election under the Representation of the Peoples Act, 1951.
Offence of glorification of sati under sec. 5 is different from offence of violation of prohibitory order issued under sec. 6. Plea of double jeopardy is, therefore, not maintainable because for that purpose the offence must be same. Therefore the accused can be punished under both the sections.