DOCSLIB.ORG

Training on Rights of Acid Attack Survivors and Implementation of the Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Training on Rights of Acid Attack Survivors and Implementation of the Law Training on Rights of Acid Attack survivors and Implementation of the Law . 28th and 29th April 2018 Training on Rights of Acid Attack Survivors and Implementation of the Law 1 Training on Rights of Acid Attack Survivors and Implementation of the Law July 2018 Coordinators Shaheen Malik Sneha Mukherjee Deepak Singh Minutes Shebani Rose Verma Afreen Bano Khan Devika Report Compilation Devika Editor Proofs Photography Zoriah at http://www.zoriah.net/ (Cover) Richa Published by Human Rights Law Network (A division of Socio-Legal Information Centre) 576, Masjid Rd, Bhogal, Jangpura, New Delhi, Delhi 110014, India Ph: +91-11-24379855/56 Email: [email protected] 2 AKNOWLEDEMENTS I would like to thank everyone from Human Rights Law Network and the Centre for Constitutional rights for their relentless support in making the training successful. This program would not have been possible without the continued efforts of the Meer Foundation and Jamia Hamdard University, New Delhi. Finally, I would like to thank HRLN’s founder Colin Gonsalves, for his constant, fierce, unapologetic work on behalf of all marginalized and vulnerable communities in India for the past three decades. Shaheen Malik National Coordinator Campaign against Acid Attack 3 TABLE OF CONTENTS Background: Understanding Acid Attack 5 Summary 7 Training Report Introduction 9 Supreme Court Decisions On Acid Attack 10 Overview of the Plight of Acid Attack Survivorsand the poor implementation of the law 11 Acid Attack Survivor Testimonies 14 Role of NGO’s 22 Role of Police 25 Role of Doctors 26 Landmark Judgements of High Court 30 Acid Attack Survivor Testimonies 31 Role of the Delhi State Legal Services Authority 33 Role of Journalists and Media Persons 35 Role of the Delhi Commission for Women 37 Role of Academic Institutions 38 Acid Attack Survivor Testimonies 39 How to litigate in Criminal Courts 42 Scope of Public Interest Litigation (PIL) 44 Constitutional Provisions 47 Statutory provisions 47 Landmark Cases 50 Significant High Court Decisions 86 Annexures 138 4 BACKGROUND UNDERSTANDING ACID ATTACK Acid Attack is an attack or attempt to attack a Justice for acid attack survivors has evolved person with the intention to disfigure, torture, through the years with the judiciary taking or kill, using acid or any other kind of the lead in setting the tone for compensation corrosive substance. Such an attack results in and rehabilitation of the survivors. Right from permanent physical disfigurement, damage the accessing continuous free medical to internal organs, as well as death in some treatment to compensation and rebuilding cases. For victims who survive this attack, their life, the battles a survivor has to face are there is a constant battle of survival for the endless. rest of their life coupled with complete Right from immediate medical assistance, to disability and crippling depression. psychological counselling services for India records at least 300-500 cases each year. survivors and their family, and providing legal There were no separate statistics for acid aid for compensation, following up the trial violence cases in India until the early 2013 as procedure, sending representation letters to Indian Criminal Law did not recognize it as a the state governments and concerned separate offence. With the amendment in the authorities on behalf of the victims and/or Indian Penal Code in 2013 (The Criminal Law filing writ petitions for compensation as well (Amendment) Act, 2013), incidents of acid as for the enhancement of such attacks are now being recorded as a separate compensation and rehabilitation; a survivor offence under Section 326A and 326B of the needs to be assisted throughout this long and Indian Penal Code. Despite the aforesaid, often cumbersome journey. there has been a steep rise in the number of HRLN through its acid attack initiative seeks cases. While there are Supreme Court to make use of existing laws to oppose all guidelines set out in the case of Laxmi v Union forms of violence against women and gender- of India (2013)1 regarding the regulation of based discrimination. Primarily, HRLN aims to sale and procurement of acid, acid is still cover all needs and requirements of a readily available over-the-counter. survivor, post the acid attack, and their subsequent rehabilitation. 1Laxmi vs. Union Of India and Ors. (WP (CRIM) 129/2006) 5 HRLN also holds regular meetings with It also connects with organizations that help doctors and government organizations such in providing vocational training to the as the Women’s Commissions, State Legal survivors and help with their rehabilitation. Services Authorities and Departments of HRLN also publishes books and reports to Women and Child Development to apprise document attacks, provide information on the them about the various cases and related data issue, and gather support for the survivors. collected by us. 6 EXECUTIVE SUMMARY The Centre for Constitutional Rights in procedures and the schemes for collaboration with Meer Foundation and the compensation and rehabilitation that Jamia Hamdard University organized the survivors could avail. Sessions by medical National Meeting and Training on Rights of experts clarified various issues regarding first Acid Attack Victims and Implementation of aid, surgery, different treatment procedures Law on the 28th and 29th April 2018. and the advances in medical technology which would only help survivors cover further. Through this collaboration, HRLN and CCRI Each survivor hailing from different corners of intended to bring out the stories of the the country recounted their experiences, survivors, their struggles in an effort to help shared their stories and spoke about the create awareness as well as provide a change they wanted to see in the platform for discussing the law as it stands on implementation of the law. acid attack and the way forward. The two-day training programme witnessed advocates, Each survivor's story lent inspiration and expert medical professionals, and other motivation to the other, creating a bond of stakeholders come under one roof with the women and men who have shown immense survivors and discuss the detailed procedure strength in fighting for their rights. The two- of law, compensation, criminal procedure, day session of learning concluded with a investigation, medical procedures, and the session on the way forward, where key issues impact on the lives of the survivors and their which can be taken up as issues of Public families. Interest Litigation were narrowed down and it was decided to proceed on a dual strategy - Primary emphasis was on understanding not with cases in High Courts as well as Supreme just compensation but also the support Courts, depending on the issues, states and mechanism needed for survivors throughout judges concerned at the same time ensuring their lifetime. Experts convened session on advocacy continues at the ground level. understanding the nuances of the criminal 7 NATIONAL COURSE ON RIGHTS OF ACID ATTACK SURVIVORS AND THE IMPLEMENTATION OF THE LAW INTRODUCTION Dr. Seyed Ehtesham Hasnain, Vice Chancellor, Jamia Hamdard University welcomed the survivors, activists, lawyers and all the guests to Jamia Hamdrad University. Dr. Seyed spoke about about the need to increase awareness among the people about the work that is being done by such organizations like HRLN, CCRI and Meet Foundation. He spoke about the low number of organisations that work on the issue of Acid Attack. He also shed light on issues beyond acid attack such as housing rights, refugees, death penalty and other forms of violence against women which also demand the need to be brought to the Jamia Hamdard University’s Vice-Chancellor Dr. limelight through advocacy and litigation. Seyed Ehtesham Hasnain He emphasised on the Jamia Hamdard facilities and faculty and that the University is always willing to help and collaborate with organisations such as HRLN and CCRI for any further events and trainings, reflective how the university started, as a place that grew of “Hamdard”. 8 Dean, Jamia Hamdard, SM Khan with VC Dr. Seyed Ehtesham Husnain and Colin Gonsalves SUPREME COURT DECISIONS ON ACID ATTACK Colin Gonsalves, Senior Advocate, Human Rights Law Network Dr. Colin Gonsalves commenced the session explaining that the aim of everyone present here should be to make the movement against acid attack much stronger. He advised the network to come together and fight against the myriad of issues survivors face. Together, he said, bringing about change would be much easier. Dr. Colin Gonzalves, Senior Advocate, Human Rights Law Network 9 Brief History of Acid Attack Litigation An insight into the history of litigation around acid attack was given in this session. Prior to the case Laxmi vs. Union of India2 of not many cases of acid attack came into the limelight primarily because they were not being reported and the limited awareness about this crime in mainstream media, amongst legal practitioners and the justice delivery machinery as well. It was in Laxmi’s case that compensation of rupees 3 lakhs was ordered by the Supreme Court of India. All thoughit is still meagre compared to the expenses that a survivor has to incur, Laxmi’s Case set a precedent on free treatment, compensation and sale of acid. The next big development with regards to litigation was the case of Parivartan Kendra vs.Union of India3, where the survivor Chanchal, had to undergo at least 8 reconstruction surgeries for which a sum of 3 lakhs would not be enough in any manner. Only after presenting the bills and predicted expenditure reports did the Supreme Court decided to order for a compensation of rupees 13 lakhs. From practical experience, it is known that even a sum of 13 lakhs is still also not enough for compensation. It is therefore, the right time for the movement against acid attack to come together and push these boundaries of compensation set by the constitutional courts.
Load more

Recommended publications
  • I. Providing Universal Access to Education
    H U M A N R I G H T S “They Say We’re Dirty” Denying an Education to India’s Marginalized WATCH “They Say We’re Dirty” Denying an Education to India’s Marginalized Copyright © 2014 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-1203 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org APRIL 2014 978-1-62313-1203 “They Say We’re Dirty” Denying an Education to India’s Marginalized Glossary ......................................................................................................................................... i Summary ....................................................................................................................................... 1 Failures in State Responses .................................................................................................................
    [Show full text]
  • Faculty Details Proforma for DU Web-Site
    Faculty Details proforma for DU Web-site (PLEASE FILL THIS IN AND Email it to [email protected] and cc: [email protected] Title Dr. First Archana Last Kaushik Photograph Name Name Designation Associate Professor Address Department of Social Work 3, University Road, University of Delhi, Delhi-110007 Phone No Office Address (Campus) (Residence) Residence A 102, Neelachal Apartments, Sec. 4, Plot 3, Dwarka, New Delhi-110079 Mobile Phone No (Campus) 011-27667881 Email [email protected] Web-Page Educational Qualifications Degree Institution Year Ph.D. PhD. Jamia Millia Islamia University PG M.A. Social Work Delhi School of Social Work UG B.Sc. (Hons.) Delhi University Any other qualification Areas of Interest / Specialization Gerontology, HIV/AIDS, Family and Child well-being, Social Research, Welfare Administration, Dalit empowerment, Counselling Subjects Taught MA 4th semester HIV/AIDS and Social Work; Social Work with Elderly. MA 3rd Semester Social Work with Families and Children; Administration of welfare and Development Services M. Phil Family and Child Welfare www.du.ac.in Page 1 Undergraduate: Areas of social work practice: Family and Child Development, Medical and psychiatric social work, Social Work with Differently Abled, School Social Work, Social Defence. Publications Profile Publications Book: From margins to centre-stage: A case of Dalit Empowerment in India (co-author Shruti Nagvanshi), Frontpage Publications, London, United Kingdom, 2015 Welfare and Development Administration in India. Global Vision Publishing House. 2013 Elderly Women: Vulnerabilities and Support Structures, (co-authors: Prof. M.Z.Khan and Mohd. Yusuf), Gyan Publishing House, 2013. Media Representation of elderly in India.
    [Show full text]
  • Gender Violence in India: a Prajnya Report 2020
    2020 1 GENDER VIOLENCE IN INDIA 2020 A Prajnya Report This report is an information initiative of the Gender Violence Research and Information Taskforce at Prajnya. This year’s report was prepared by Kausumi Saha whose work was supported by a donation in memory of R. Rajaram. It builds on previous reports authored over the years by: Kavitha Muralidharan, Zubeda Hamid, Shalini Umachandran, S. Shakthi, Divya Bhat, Titiksha Pandit, Mitha Nandagopalan, Radhika Bhalerao, Jhuma Sen and Suchaita Tenneti. We gratefully acknowledge the contribution and support of Gynelle Alves who has designed the report cover since 2009. © The Prajnya Trust 2020 2 CONTENTS GLOSSARY ................................................................................................................................................. 3 ABOUT THIS REPORT ................................................................................................................................ 5 GENDER VIOLENCE IN INDIA: STATISTICAL TABLE .................................................................................... 6 1. THE POLITICS OF SEXUAL AND GENDER-BASED VIOLENCE AGAINST DALIT WOMEN ....................... 12 2. PRE-NATAL SEX SELECTION / FEMALE FOETICIDE .............................................................................. 18 3. CHILD MARRIAGE, EARLY MARRIAGE AND FORCED MARRIAGE ........................................................ 24 4. HUMAN TRAFFICKING .......................................................................................................................
    [Show full text]
  • Human Rights Defenders Alert
    Human Rights Defenders Alert - India National Coordination Office No.6, Vallabhai Road, Chokkikulam, Madurai 625 002, Tamil Nadu, INDIA Tel: +91-452-2539520 Cell Phone: +91-9994368540 Email:[email protected] January 28, 2013 Shri A. K. Parashar Focal Point - Human Rights Defenders National Human Rights Commission Faridkot House Copernicus Marg New Delhi-110001 Email: [email protected] Dear Sir, Sub: HRD Alert-India - Urgent Appeal for Action – Uttar Pradesh/Varanasi: Death Threats and Intimidation to human rights defenders of PVCHR and Women Survivors – Reg Greetings from Human Rights Defenders Alert - India! HRD Alert - India is a Forum of Human Rights Defenders for Human Rights Defenders. It endeavours to initiate actions on behalf of Human Rights Defenders under threat or with security concerns. We are now writing to express our grave concern over the Threats to human rights defenders of PVCHR and Women Survivors in Varanasi. We are submitting this complaint based on the information received from the Urgent Appeals Desk of the Peoples' Vigilance Committee on Human Rights (PVCHR). Incident: Peoples' Vigilance Committee on Human Rights (PVCHR) Secretary General / Executive Director Dr. Lenin Raghuvanshi received a notice from police station of Catt in Varanasi on January 24, 2013 at around 2.30 pm on complain of perpetrator Mr. Sunil Kumar Gupta on 16 January 2013, the day when the news were published after the press conference of survivor Mrs. Sapana Chaurasiya. But no action on complain on 3 December and 5 December 2012 about violence against woman, threat on December 16 and 20, 2012 by husband of Mrs.
    [Show full text]
  • Download Frontpage Catalogue 2019
    A front page Initiative Journal of Transdisciplinary Peace Praxis W: https://jtpp.uk In January 2019, Frontpage launches the Journal of Transdisciplinary Peace Praxis (JTPP), a peer-reviewed, biannual, scholarly journal, both in print and online versions, bringing together peace practitioners with academics to explore radical responses to social conflict, war and injustice. Vision JTPP aspires to publish well-reasoned and thought provoking single and co-au- thored works that integrate cutting edge research and practice on subjects relat- ed to human social flourishing and peace in local, national, and international contexts. Our vision is to facilitate critical dialogue on complex social problems thereby empowering thoughtful responses to the world’s wicked problems which help guide readers towards nonviolent peaceful futures. Mission The realisation of nonviolent peaceful futures requires collaborative exploration of themes, social resources, and problems that no one field or discipline is capable of understanding alone. In creating JTPP, Frontpage Publications Limited harkens to a bygone era of pre-scientific reasoning—an era that privileges a science of collaborative social experience and qualitative analytical methods as valuable contributors to the human knowledge base. Objective JTPP fills an important transdisciplinary gap that currently exists in traditional academic journals. This gap often neglects opportunities for truly collaborative research and praxis on the complex and multi-dimensional realities of positive peace and reconciliation systems. JTPP thus provides a dynamic forum for sharing information and experiences primarily catering to academics, activists particularly in the disciplines of Peace and Conflict Studies, Political Science, International Relations, Human Rights, History and professionals, policymakers, organisations, institutions and individ- uals who nurture a firm belief in peace and human rights.
    [Show full text]
  • Additional Proposals for the Short-Term Relief of Vulnerable Workers and Populations Deeply Impacted by Strategies to Contain the Spread of the Corona Pandemic
    31 March 2020 To 1. The Honorable Prime Minister of India 2. Honorable Chief Ministers of all States Urgent: Additional Proposals for the Short-term Relief of Vulnerable Workers and Populations Deeply impacted by Strategies to Contain the Spread of the Corona Pandemic Dear Sir/Madam, As the corona pandemic and measures to contain it, unfold, we are witnessing a humanitarian and economic crisis of unprecedented proportions. The Central government has announced a Rs. 1.7 trillion package aimed at alleviation of the impact of the lockdown on the poor (PMGKY) over the next three months. It is also heartening that a number of states have announced additional measures and relief packages varying in nature and scale. While welcoming these measures, we are of the view that given the magnitude of the crisis that the country is facing, these measures will have to be scaled up with immediate and unconditional financial and other support from the national government. Therefore we appeal to the Government of India and all the State Governments to initiate urgent additional measures that are required to address critical gaps in the short-term relief measures announced so far for the impacted population. These are listed below: 1. Immediate minimum measures by governments to provide for food and subsistence requirements Cash and kind assistance, and food for the homeless and most distressed, are urgently required by the poor in the informal economy who have lost jobs and incomes. We propose the following as minimum measures: a. Cash Income Support: The stoppage of employment and incomes for those in the informal economy urgently necessitates cash income support.
    [Show full text]
  • A Study on Acid Attack in India and Its Impact
    © 2019 JETIR January 2019, Volume 6, Issue 1 www.jetir.org (ISSN-2349-5162) A STUDY ON ACID ATTACK IN INDIA AND ITS IMPACT Mrs.Arundhuti Das 1& Dr.Subhamoy Banik 2 1Department of Law, K.K. University, Nalanda, Bihar, India 2Department of Management & Commerce, K.K. University, Nalanda, Bihar, India ABSTRACT: An acid attack involvesthe premeditated throwing of acid on a victim, usually on her face. It is a gender-based heinous crime against women. In addition to causing psychological trauma,acid attacks result in severe pain, permanent disfigurement, subsequent infections and often blindness in one or both eyes. According to the National Commission of India acid attack is “any act of throwing acid or using acid in any form on the victim with the intention of or with knowledge that such person is likely to cause to the other person permanent or partial damage or deformity or disfiguration to any part of the body of such person”. As per the study,it can be concluded that 78% of the acid attack incident is for refusal to marry, rejection of love or for any personal causes. Acid attack on women is increasing day by day, basically on the girls in the age of 11-30 years. The easy accessibility of inexpensive acid makes the perpetrators to use it as an ideal weapon against thisheinous crime against women. Illegal sale and purchase of acid are considered as non-bailableoffence, still it is readily accessible in all most the grocery and hardware stores in urban and rural areas. The most common types of acid utilized in these assaults include sulphuric, nitric, and hydrochloric acid.
    [Show full text]
  • Human Rights
    VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. HUMAN RIGHTS: ORIGIN AND EVOLUTION OF THE HUMAN RIGHTS INTRODUCTION Human Rights are commonly understood as ―inalienable fundamental rights‖ to which a person is inherently entitled simply because she or he is a human being. Human Rights are thus conceived as universal and egalitarian. At the international level human rights have become a movement. It can be studied through many ways which is called as the constituents of Human Rights. They may be civil rights, political, economic, cultural, social rights. They are also called Fundamental Rights. and rights of freedom to everyone irrespective of caste, creed, sex, region, colour, profession, etc. CONCEPT OF HUMAN RIGHTS Human Rights is a 20th century term traditionally known as ―Natural Rights‖ or the ―Rights of Man‖. Broadly speaking, ―Human Right‖ means right to life, liberty, equality and the dignity of an individual irrespective of caste, creed or sex. It envisages that all human beings are born free, equal in dignity and rights and are entitled to enjoy all rights. Evolution of Human Rights: The roots of human rights can be traced to the Babylonian laws. The Babylonian King Hammurabi issued a set of laws to his people called ―Hammurabi‘s Codes‖, which contained fair wages, protection of property and charges against them to be proved at trial. Greek philosopher Plato, Aristotle and Roman philosopher Cicero advocated the natural law, natural rights and human rights. The origin of human rights also can be credited to era of Renaissance Humanism in the early modern period.
    [Show full text]
  • Annual Report 2014-15 ICSSR Annual Report 2014-15 ICSSR
    Annual Report 2014-15 ICSSR Annual Report 2014-15 ICSSR Aruna Asaf Ali Marg, JNU Institutional Area, New Delhi - 110067 Tel No. 26741849/50/51 Fax : 91-11-26741836 Ministry of Human Resource Development e-mail : [email protected] Website : www.icssr.org Government of India Annual Report 2014-15 Indian Council Of Social Science Research Aruna Asaf Ali Marg, J.N.U. Institutional Area, New Delhi-110067 Contents Programmes 1-48 1. Overview 1-3 2. Research Promotion 4-12 3. Documentation 13-16 4. Research Survey and Publications 17-18 5. International Collaboration 19-31 6. Regional Centers 32-37 7. Research Institutes 38-47 Appendices 49-480 1. List of Members of the Council 51-53 2. ICSSR Senior Officials 54-55 3. Research Projects 56-107 4. Research Fellowships 108-193 5. Financial Assistance Provided for Organising 194-200 Capacity Building Programmes and Research Methodology Courses. 6. Financial Assistance Provided for Organising 201-244 International / National Seminars/ Conferences/ Workshops in India. 7. Publication Grants 245-250 8. Financial Assistance Provided to Scholars for 251-268 Participation in International Conferences / Data Collection Abroad. 9. Major Activities of ICSSR Regional Centres 269-296 10. Major Activities of ICSSR Research Institutes 297-475 11. Theses Purchased / Bibliographies Prepared in 476-479 the NASSDOC Statement of Accounts 481-580 Programmes 1 Overview Social science research, which presupposes launched in May 1969. It was considered a freedom of intellectual choice and opinion, significant achievement of evolving Indian needs to be encouraged by a developing democracy. nation. India has not only encouraged it, but also promoted it with state patronage.
    [Show full text]
  • Annual Report 2020
    Annual Report (2020 – 2021) JanMitra Nyas SA 4/2 A Daulatpur, Varanasi – 221002 India Website: www.janmitranyas.in Email: [email protected] Mobile no: +91-9935599333 BACKGROUND JanMitra Nyas (JMN) celebrated its glorious 20th foundation year. Since foundation JanMitra Nyas has been tirelessly working with the marginalized/excluded communities for creating people-friendly society (Jan Mitra Samaj) through an inter-institutional approach.i In these 20 years JMN made a direct presence in Uttar Pradesh and Jharkhand states and encountering engagement in 16 states of India as its voluntary state chapters. JMN has established the issue of hunger, malnutrition of children, police torture, extra – judicial killing and witch-hunting through the multi – layers and multi- dimensional advocacy with different stakeholders. JMN believes Local is true universal as Local thinking, local-global action. In 2007 JMN organized first folk school – space for free thought in Belwa of Varanasi. Organization created free space for critical and free thinking at groups meeting, duniyabi talim in Madarsa and kindergarten to teach basic from grassroot level. It developed self – confidence and we witness change in knowledge, attitude and practice in their behavior. In 2009 JanMitra Nyas streamlined its structure and professionalize its thematic wise strategic plan for planning, monitoring and evaluation of the direct service delivery as well as mapping of the Knowledge, Attitude and Practice (KAP). The strategy was later revised based on the finding and assessment with the community leaders. JMN work was appreciated and recognized by various stakeholdersii. But it was not easy to make changes at the grass- root level.
    [Show full text]
  • UNIT 11 GENDER-BASED VIOLENCE Gendered Based Violence
    UNIT 11 GENDER-BASED VIOLENCE Gendered Based Violence Structure 11.1 Introduction 11.2 Objectives 11.3 What is Gender- Based Violence? 11.4 Categories of Gender –Based Violence 11.5 Forms & Magnitude of Gender –based Violence 11.6 A Closer look at some major forms of Gender- Based Violence in India 11.6.1 Sexual Offences: Rape, Molestation and Sexual harassment at the Workplace 11.6.2 Dowry-related Deaths and Harassment 11.6.3 Domestic Violence 11.6.4 Trafficking 11.6.5 Acid Attacks 11.6.6 Honour Crimes 11.6.7 Female Sex Selective Abortions 11.7 Marginalisation & Increased Vulnerability 11.8 Summing Up 11.9 Key Words 11.10References & Suggested Readings 11.11 Unit End Questions 11.1 INTRODUCTION Gender-based violence (GBV) is perhaps one of the most widespread and socially tolerated forms of violence prevalent in the world. It is a widespread and persistent challenge in India, linked directly to patriarchy and its foundational belief that men have the privilege and the power to inflict violence upon women. Rooted in women’s subordinate status, it is linked both to the institution of patriarchy as well as the concept of masculinity – that a ‘real man’ is one who inflicts violence against women. GBV is a major obstacle in women’s enjoyment of their human rights and fundamental rights as guaranteed by the Indian Constitution. 11.2 OBJECTIVES After Completing this Unit, you will be able to: Know the concept of gender-based violence; Illustrate forms of gender-based violence and the extent of their prevalence in India and elsewhere; Identify causes and consequences of such violence; Highlight various ways of addressing and responding to such violence, including through law and social action.
    [Show full text]
  • Thwarting Crime Against Women: Meeting Challenges Through Implementation
    VOL.3 ISSUE 1 DROIT PENALE: INDIAN LAW JOURNAL ON CRIME & CRIMINOLOGY ISSN: 2456-7280 THWARTING CRIME AGAINST WOMEN: MEETING CHALLENGES THROUGH IMPLEMENTATION Tulika Sinha1 ABSTRACT Historically speaking, women have been always subjected to whims and ambitions of men. This has laid foundation to several types of crimes and atrocities on them. To prevent such crime and atrocity has been challenge for the society as a whole that includes our legal structure also. Our legal system has laid several laws time and again in order to meet the challenges, so posed in emancipation of women and doing away with the atrocities against women. Time has proved that laws alone cannot meet such challenges and that requires to be met with its proper application working and monitoring. Precisely law can be considered as means and not ends to meet the challenges thrown to it. This paper mainly aims to discuss how women have been subjected to atrocities since time immemorial, be it the ‘sati pratha’ or the ‘triple talaq’ system. It has always acted as tools to suppress women. The present paper will further discuss how continuous suppression has made women vulnerable to crime and criminal acts. This paper will throw light on how law prevents commission of crime against women and what kind of challenges it faces. These challenges will be dealt in two sections firstly in prevention of crime, that is how our legal system tries to set guidelines to regulate ones behavior and activity so that it prevents one from commission of crime and secondly in administration of justice that is in case any crime is committed, laying down rigorous punishment so that it deters the rest and helps such women to get justice and restore their status.
    [Show full text]