www.whiteblacklegal.co.in ISSN: 2581-8503

VOLUME 1: ISSUE 7 || December 2019 ||

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ABOUT US

WHITE BLACK LEGAL is an open access, peer-reviewed and refereed journal provide dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters. This platform shall also ignite the initiative and desire of young law students to contribute in the field of law. The erudite response of legal luminaries shall be solicited to enable readers to explore challenges that lie before law makers, lawyers and the society at large, in the event of the ever changing social, economic and technological scenario.

With this thought, we hereby present to you

WHITE BLACK LEGAL: THE LAW JOURAL

4 www.whiteblacklegal.co.in ISSN: 2581-8503 THE NEVER ENDING TUSSLE OF WOMEN AGAINST CRIMES AUTHOR – MAIDENI SHUKLA

With the changing era a lot of things have changed, technology has grown making people enlightened about new possibilities and newer opportunities. But with the changing scenario one thing has remained constant and that is, crime against women. The patriarchal outlook which has given birth to difference between a man and a woman has certainly taken a form of a monster which is now feeding on the female strata of society. There is a huge rise in the rate of crimes against women. Do we have really grown? And if yes, then to what! Is it towards increasing crime rate against women which have become more heinous and cruel to the female gender in the country where goddesses are worshipped in the temples and fasts are kept to acquire their blessings? Or is it just to remind the males of their power to dominate women no matter how educated and literate we become.

In a country like INDIA, Women are continuously being harassed and subjected to dominance even in this age of advancement and equality. The culture of seeing women as objects and subjecting them to satisfy manly desires has resulted in culture, harassment at workplace, dowry killing, , , molestation on roads and other institutions, acid attacks, and many such other crimes against women.

The cruelty against women has led to formation of many laws and acts, which intend to work for the betterment of females and also provide them with some powers and rights to fight against their molesters and rapists. Such crimes leave a dreadful impact on the lives of the survivors. Their lives are destroyed completely and all these events leave them with the sole option of suicide. Thus it has become a dire need to resolve this major issue which is contaminating our society and is affecting the lives of an important section of our society or else we would be summoning to something very unlawful, cruel and heinous in nature which would fail the aspect of humanity amongst the social beings living in the nation.

Crimes against women have risen to a huge level in the past decade. A lot of cases have been reported citing the issue of harassment of women employees at workplace by the colleagues or bosses, cases of dowry murders or suicides due to repetitive usage of force to acquire dowry post marriage, cases of rape, eve-teasing, molestation, acid attacks by the molesters etc., have risen to a bar which has led us to question the humanity of our society.

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India is country where the 3 main goddesses namely SARASWATI, LAKSHMI and PARVATI are worshiped by people in the temples. It is believed here that a female is a form of SHAKTI, which means that they have immense power with which they can destroy the evil and redefine the worth of womanhood in the society. Females have enjoyed similar status with men in all aspects of life in the Vedic age. They were educated, scholarly and were married at a mature age with the husbands of their own choice. The Sita swayamvar and Draupadi swayamvar are few examples showcasing us that how seriously women rights and choices were taken into consideration and were practiced also. During the late medieval and early modern period queens like RANI LAKSHMI BAI and RAZIA SULTAN ruled the kingdom. The establishment of the London Mission Bengali Girls’ School, Calcutta in the year 1869 and emergence of great female freedom fighters like SAROJINI NAIDU, ANNIE BESANT, KASTURBA GANDHI, and many others tell us that how empowered and advanced was character of the then females.

But in spite of all these achievements of women in the field of sports, acting, politics, and industrial sector or in case of ruling the country or flying to the space, the women are still mistreated at their homes, workplaces, on the streets, in schools and colleges. They are being raped, sexually harassed, molested and even murdered for sake of dowry or in cases of honor killing. The condition of women has deteriorated in the last 2 decades to another level which is not acceptable in the modern day society and is against the basic human etiquettes and values.

The list of crimes happening against women every minute in any corner of the country which has made us bow down with shame. Various crimes such as , , , (Female genital mutilation), or pregnancy, , Marriage by abduction, or simply called as , honor killing. Also other heinous crimes like and rape, Mass sexual assault, , Child sexual initiation, Forced prostitution and , , violence against prostitutes are just some names which can be subjected to a prominent increase.

The condition is worsening with the increasing brutality of the accused and the responsible men. As per the reports of the National Crime Records Bureau of India, the number of incidents reported for crime against women has increased 6.4% during 2012, and a crime

6 www.whiteblacklegal.co.in ISSN: 2581-8503 against a woman is committed every three minutes in the country. As per the National Crime Records Bureau, in 2011, there were greater than 228,650 reported incidents of crime against women, while in 2015, there were over 300,000 reported incidents, which show a total of 44% increase.

These figures have scaled higher in the past 5 years, whereas per the reports of year 2017, 3,59,849 cases of crimes against women were reported in the country. Uttar Pradesh topped the list with 56,011 cases followed by Maharashtra with 31,979 cases and West Bengal 30,002 enlisting the three states as the most unsafe states in the entire country. The increased rate of crime against women has been a bane and a big hurdle in the road of growth and development of the country. Due to the presence of arcane customs like sex being a taboo in India, , and Dowry, and the overall lower status of women further exacerbates these crimes.

The famous rape cases such as the 8 year old case of NIRBHAYA1, PRIYANKA REDDY CASE of 2019 have shaken the pillars of humanity. The victim of NIRBHAYA case was brutally gang raped in a moving bus in Delhi and rods were inserted in her body which damaged all the internal organs and she was thrown out of the bus naked at the stake of her destiny. The convicts of her rape are still in jail and no justice is served to the mother of the victim who is fighting for justice for her daughter from the last 8 years. The PRIYANKA REDDY rape case was even more brutal and cruel as the victim was burnt alive after she was gang raped on the street of Hyderabad. Many more cases of such brutality happen every minute but are not highlighted due to political pressure, or due to inability of the relatives of the victims to file a report.

The fact that not even a single age group is left untouched by the brutality of the monsters gives goosebumps to the population. Females are not safe even in their schools, homes, etc., as the reports suggest that the maximum offenders are the relatives and sometimes the fathers and the brothers of the victims themselves. The male dominant school of thought needs to be changed as soon as possible otherwise; the repercussions in the near future will be disastrous. The acid attack cases such as that of LAXMI AGGARWAL inspired and influenced people towards the cruelty of the crime and made them aware about the tips on how to help an acid attack victim.

1 Mukesh & Anr Versus State for NCT of Delhi & Ors

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Many laws have been framed for aid of the victims of such heinous crimes, but the delay in the duration of justice awarded to the victims has increased the courage of such evil doers. People are not terrified of the punishments because many a times the convicts are not arrested and if arrested then, either they are bailed or are relieved from the case by the use of their powers and connections in the political system. Few out of many cases come into the highlight either due to the severity of the crime committed or due to political hype provided by the politicians for their own benefits.

Various laws and acts have been framed every now and then for the rescue of the victims and to stop such crimes in the society. The NATIONAL COMMISSION FOR WOMEN ACT, 19902 says for constituting a national commission for women which will look after the welfare of the female gender in the country itself except the state of J&K. The act came into function as per the orders of the central government on 31st January, 1992. Other laws related to women safety and welfare are listed below; • The Immoral Traffic (Prevention) Act, 1956

• The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986) • The Indecent Representation of Women (Prohibition) Act, 1986 • The Commission of Sati (Prevention) Act, 1987 (3 of 1988) • Protection of Women from Domestic Violence Act, 2005 • The of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013 • The Criminal Law (Amendment) Act, 20133 • Domestic violence ACT, 20054 • The Indian Penal Code,1860 5 • The Indian Evidence Act,1872

These Legislations are bound to look after the complaints and provide the remedies to the victims within the earliest possible duration. These acts have been amended from time to time keeping in mind the increasing cruelty and injustice against women, who are an inevitable and equally important part of the society. The offences such as , acid

2 vide notification No. S.O. 99(E), dated 31st January, 1992, see Gazette of India, Extraordinary, Part II, sec. 3(ii) 3Sections 326A, 326B, 354, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376B, 376C, 376D and 509 have been amended and inserted by The Criminal Law(Amendment) Act, 2013. 4 Sec 498A of Domestic Violence Act, 2005 defines 1yr punishment and fine. 5 Kidnapping (Sec 359,360,366),Eve Teasing (Sec 509),Chain snatching (Sec 378),Rape (Sec 376,376A,376B,376C,376D),Sexual Harassment (Sec 354A),Domestic Violence (Sec 498A),Honor Killing, Cyber Crimes (Bullying, Abuse, Violence, Pornography),Dowry deaths, Acid Attacks (Sec 326A,326B),Stalking (Sec 354D),Assault to outrage modesty (Sec 354,354B),Women trafficking (Sec 370,370A,372,373)

8 www.whiteblacklegal.co.in ISSN: 2581-8503 attack, murder for dowry are all enlisted as Non bailable offences. The Supreme Court of India gave Vishaka6 guidelines for prevention of women against harassment at workplace. The proper definition of rape and the grounds which were necessary for the act amounting to rape was provided after the Criminal Law (Amendment) Act, 2013 after the NIRBHAYA RAPE CASE which took place in 2012.

On the 27th March,2018, the Supreme Court gave a landmark ruling in the Writ Petition (Civil) No.231 of 2010- Shakti Vahini v Union of India & ors that any attempt by Khap Panchayats or any other assembly to scuttle or preventing two consenting adults from marrying is absolutely 'illegal' and laid down preventive, remedial and punitive measures in this regard. The court's judgment came on a petition filed by a non-government organisation (NGO) Shakti Vahini in 2010. The petitioner had sought directions to States and the Centre to put in place a plan to curb honour killings.

The 54 page judgment was delivered by the three-judges' bench comprising the Chief Justice of India, Mr. Justice Dipak Misra, Mr. Justice A.M Khanwilkar and D.Y Chandrachud. The court held, "the criminal cases pertaining to honour killing or violence to the couple(s) shall be tried before the designated Court/Fast Track Court earmarked for that purpose. The trial must proceed on day to day basis to be concluded preferably within six months from the date of taking cognizance of the offence. We may hasten to add that this direction shall apply even to pending cases. The concerned District Judge shall assign those cases, as far as possible, to one jurisdictional court so as to ensure expeditious disposal thereof."

Many of such instances of amendments of legislations clearly shows us that steps are continuously been taken for the betterment of the situation but the dominance and patriarchy is soo deeply rooted that it will take years of change and development of mindset of the people living in the country. The continuous efforts of the mass will surely do some good to the society or else if it remained the same we would be watering a pitcher plant which will engulf the females.

Violence against women is not cultural but it is criminal. The duration for which the females have tolerated and suffered the violence has made the world numb and spineless. The culture

6 The Vishaka Guidelines were a set of procedural guidelines for use in India in cases of sexual harassment. They were promulgated by the Indian Supreme Court in 1997 and were superseded in 2013 by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

9 www.whiteblacklegal.co.in ISSN: 2581-8503 needs to change in order to change the conditions of the women. The need is real, the fight, the struggle is real and has been tiring. Since decades women have been subjected to satisfy men for their sexual needs. The inferiority complex has been instilled in the females since their birth. Speaking out loud about the in our communities is important because the problem finds its power in the secrecy. Naming and visually speaking about the issues out loud in the public will surely help to dissolve the grip and curb such violence and crimes against women in our nation.

As I pen down my final remarks I would like to quote the words of KOFI ANNAN7 wishing that the people will surely wake up and stand up against the violence, cruelty and dominance tolerated and suffered by the women in the country and across.

“Violence against women is perhaps the most shameful human rights violation, and it is perhaps the most pervasive. It knows no boundary of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.” - KOFI ANNAN

7 Kofi Atta Annan was a Ghanaian diplomat who served as the seventh Secretary-General of the United Nations from January 1997 to December 2006. Annan and the UN were the co-recipients of the 2001 Nobel Peace Prize.

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