Offences Against Women

Introduction

In ancient India, the women held a position that was significantly more significant than the men’s. The feminine noun “Shakti” denotes “power” and “strength”. According to literary evidence, towns and kingdoms were overthrown because they bothered a single woman, as Sita in the Ramayana and Draupadi in the Mahabharata. Women and men were on an equal footing throughout the Vedic era. However, the situation faced by women today is precarious. The severity of the cruel treatment of women in recent years is demonstrated by the increasing brutality and increasing number of crimes against them. The fundamental reason for this is the shift in the social, economic, and political aspects of the society. These aspects are also quite important, and their framework is necessary for Indian women to live with honour, respect, dignity, freedom, and tranquilly in a society free from heinous deeds, cruel treatment, and disparagement. The Ill treatment with women includes sexual harassment at workplace, unequal status given to women as compared to men in the society, domestic violence, molestation, teasing, defamation, etc. The practice of Child marriage, sati prutah still prevails in some part of the Indian society mainly in Rajasthan and Haryana even after introduction of law against it. Unfortunately, it can be said that crime against women has developed in many ways in spite of having laws regarding it. India is a patriarchal society where men are treated superior to women. In spite of having the right to equality, women are never treated equally either at the workplace or at home. Women are supposed to take care of their home and look after their children, and earning for the family is the work of men. Many restrictions were imposed on them regarding their dressing sense, social appearance, etc. The respect and dignity of women is diminishing in the present society due to this socio-economic change in the society, which results in commencement of offences against them. 

Crime against Women

The offences significantly committed against the women are known as Crime against women. In simple words, this can be explained as physical or mental cruelty against women. These offences includes rapes, murder, stalking, domestic violence, sexual harassment, etc. Although the legal provisions are provided against these offences, because of unawareness of their rights, illiteracy, poverty or unwanted attention which they get after taking steps, most of the women do not prefer to take advantage of these legal provisions. 

Even though women may be victims of any generic crime, like murder, robbery,  cheating, etc., the only crimes that are expressly targeted at women are referred to as “Crimes Against Women.” To adequately address these offences, a number of new laws have been introduced and old laws have undergone changes. These are roughly divided into two categories: (A) Crimes under the Indian Penal Code (IPC) and (B) Crimes under the Special & Local Laws (SLL).

A) The offences under IPC are:

1. Rape which includes section 375, 376, 376A, 376B, 376C and 376D of IPC.
2. Dowry death under section 304B, etc.
3. Molestation under section 354 of IPC.
4. Section 363 to 369 of IPC talks about Kidnapping and abduction for different purposes. 
5. Sexual harassment under section 509 of IPC.
6. Importation of girls under section 366B of IPC.

B) The offences under local and special laws are:

1. The Immoral Traffic (Prevention) Act (1956)
2. The Indecent Representation of Women (Prohibition) Act (1986)
3. Dowry Prohibition Act (1961)
4. Domestic Violence Act, 2005.
5. Protection of Children from Sexual Offences Act
6. Cyber Crimes / IT Act

Landmark Judgements

Some of the leading judgements are mentioned below:

Tukaram v. the State of Maharashtra¹

In this case, the prosecution’s allegation was that the accused 1 and accused 2 sexually assaulted the victim, including fondling her private parts, while she was at the police station. She had gone there because her brother had filed a report against her husband and in-laws. According to her statement, accused 1, a police constable, sent her family members away and proceeded to rape her multiple times. However, the Supreme Court, in its judgment, concluded that the case did not meet the requirements for proving rape under Section 375 of the IPC. The court’s rationale was based on the lack of direct evidence to establish physical harm or non-consensual acts, as the victim was taken by the accused without any apparent resistance or threat, and in the presence of her family. Additionally, the court noted that the victim’s inconsistent statements during the trial undermined the reliability of her testimony. As a result, the accused were acquitted.

Major Amendment – Subsequent to this case, the Criminal Law Amendment Act of 1983 was passed, introducing changes to Section 114A of the Indian Evidence Act. This amendment stated that consent cannot be presumed unless it is explicitly given. Furthermore, Section 376 of the IPC was also amended. The punishment for custodial rape was increased to 7 years, and the burden of proof was placed on the accused once sexual intercourse was proven.

Vishaka & Ors. V. State of Rajasthan²  

A batch of Public Interest Litigations (PIL) was filed with the objective of safeguarding women from workplace sexual harassment. The Supreme Court acknowledged that the fundamental rights guaranteed under Articles 14(2), 19(1)(g), and 21 of the Constitution encompass the right to a secure working environment. In response, the Court issued a series of significant guidelines to be followed by employers, aimed at creating a healthy and safe workplace for women. The Court directed both the state and central governments to enact these guidelines into enforceable laws through parliamentary legislation.

Major Amendment – The Supreme Court provided a comprehensive definition of sexual harassment and outlined its various forms. It stated that sexual harassment includes physical touch or conduct, the display of pornography, offensive remarks, unwelcome taunts or misbehaviour, and any expression of sexual desire or demand for sexual favours towards women. The Court emphasized the establishment of an effective redressal mechanism to address complaints of sexual harassment in the workplace.

Laxmi v. Union Of India³

Laxmi, being an acid attack survivor, filed a PIL in the Supreme Court seeking justice and relief for acid attack survivors. In response to the PIL, both the legislative and judicial branches of the Indian government took action by issuing various orders and directives to address the issue and provide redressal for acid attack survivors. These changes were not limited to the Indian Penal Code but extended to other statutes as well.

Major Amendment – The Code of Criminal Procedure, 1973 was amended through the introduction of Section 357A by Act-5 of 2009. This amendment mandated that each state government, in coordination with the central government, create a scheme to provide compensation to victims or their dependents who suffered losses or injuries due to a crime. The Supreme Court also issued a directive specifying a minimum compensation of Rs. 3,00,000/- to be provided to every acid attack victim by all states and union territories in India. Furthermore, the Indian Penal Code was updated with the addition of Section 326A, which deals with voluntarily causing hurt by using acid or similar substances, and Section 326B, which addresses the act of voluntarily throwing or attempting to throw acid. These additions were made in response to the rising number of acid attacks targeting women in India.

Mukesh & Anr vs State For NCT Of Delhi (Nirbhaya Rape Case) 

In this case, a girl was gang-raped while she and a friend were walking home from the movie theatre. Six men, one of them was a 17-year-old minor, attacked and gang-raped the victim. The inmates also attacked and beat up her companion for trying to defend her. They committed gang rape on Nirbhaya and inflicted devilish bodily harm on her. Her intestines were removed, and her internal organs were cut up. She passed away on December 29, 2012, after nearly a month of medical care, after internal bleeding, multiple organ failure, and cardiac arrest. The three-judge bench of the Supreme Court acknowledged the accuser’s cruel behaviour. The court, after considering the nature of their actions, how they disfigured her body, and how they violated her dignity, sentenced them to death while recognising that this was a “rarest of the rare” instance.

Major Amendment – The Nirbhaya Case sparked a significant transformation in Indian Criminal law, encompassing various dimensions. The most pivotal change came through the implementation of the Criminal Law Amendment Act of 2013. This amendment brought about a broadening of the definition of rape and introduced several additional provisions alongside Section 376 of IPC.

Conclusion

Preventing crimes against women cannot be achieved solely through legislation and law enforcement agencies. It is crucial to instigate a societal awakening and a shift in the attitudes of the masses, ensuring women are given the respect and equal status they deserve. This is the time to acknowledge and address women’s rights. Such awakening can be fostered through educational campaigns targeted at the youth, raising awareness about prevalent social issues and the methods to eliminate them. The mass media, which has now permeated every corner of our nation, can actively contribute to this cause. Additionally, various non-governmental organizations (NGOs) can assume a responsible role by highlighting the socio-economic factors that contribute to such crimes and by disseminating information about their detrimental impact on both women and society as a whole.

1. AIR 1979 SC 185 ↩︎
2. AIR 1997 SC 3011 ↩︎
3. (2014) 4 SCC 427 ↩︎

References

• Criminal Law: Case and Materials, Fifth edition, by K.D. Gaur
• Constitution of India by J.N.Pandey
• http://www.scconline.com/Print/hp61p3p1 
• http://www.scconline.com/Print/K2n2kA2x 
• National Crime bureau portal