Unit 20: FORM & EXTENT OF GENDER-BASED VIOLENCE Structure 20.1 Introduction 20.2 Objectives 20.3 Forms and Magnitude of Gender Based Violence 20.4 Caste Based Violence 20.5 Communal Violence 20.6 Gender Based Violence by security Forces 20.7 Witch Hunting 20.8 Let Us Sum Up 20.9 Answers to Check your Progress 20.10 Unit End Questions 20.11 References 20.1 INTRODUCTION The term gender-based violence (GBV) is used to distinguish violence that targets individuals or groups of individuals on the basis of their gender from other forms of violence by individuals and collectivities. It includes acts that result in, or is likely to result in, physical, sexual or psychological harm. A threat of such acts, coercion and arbitrary deprivation of liberty are also forms of gender-based violence. Such gender- based violence might occur within the family, in the community during “peace times” or times of conflict, or by state agents. It may be perpetrated by family members, acquaintances, strangers or intimate partners including husbands. Gender-based violence is perhaps one of the most widespread and socially tolerated forms of violence prevalent in the world. Gender-based violence occurring in the family includes domestic violence, sexual abuse of children in the household, dowry-related violence, rape and incestual rape by family members, „honour killings‟, female genital mutilation and other traditional practices that are harmful. Violence perpetrated in the community includes rape, sexual abuse, sexual harassment at workplace and other public 1 places, acid-throwing, „witch-hunting‟, trafficking in women and children and forced prostitution. In addition, gender-based violence is also perpetrated by / in connivance with state agencies, or condoned by them, either through explicit / implicit policies or through actions of public officials. Further, it is perpetrated in contexts of war and internal armed conflict, where women are targeted for special forms of sexual and gender-based violence as a way of punishing the enemy or teaching the enemy a lesson. While violence is a traumatic experience for anyone – man, woman or child – gender- based violence is predominantly inflicted by men on women and girls by reason of their gender. It impacts women‟s dignity, security, sexuality, reproductive capacity and their right to control over their own body (autonomy), apart from its over-arching impact on physical and mental health of women. Gender-based violence stems from the power inequality between men and women, exacerbated by socio-economic, cultural and structural inequalities. Rooted in women‟s subordinate status, it is linked both to the institution of patriarchy as well as the concept of masculinity. Violence against lesbians, gays, bisexuals and transgendered people is an illustration of how gender-based violence also results from the tension between mainstream and alternative understandings and practices related to sexuality. Part I of this Unit focuses on witch-hunting and gender-based violence in contexts of mass crimes such as communal violence, caste-based violence and violence by security forces, while Part II of this Unit focuses on other forms of gender-based violence perpetuated by the family and community, including female genital mutilation, “honour” killings, domestic violence, sex-selective abortions, violence against adivasis and trafficking in women. 20.2 OBJECTIVES The objectives of this unit are as follows: . To illustrate forms of gender-based violence and the extent of their prevalence in India and elsewhere; . To identify causes and consequences of such violence; and 2 . To highlight various ways of addressing and responding to such violence, including through law and social action. I. 20.3 FORMS & MAGNITUDE OF GENDER-BASED VIOLENCE Gender-based violence has been shrouded by a culture of silence and tolerance for a long time. It is difficult to access reliable statistics on the same, as the violence is under- reported due to stigma, shame and fear of reprisal. However, some facts & statistics about gender-based violence are as follows: . Domestic violence is the most common form of gender-based violence. Based on a survey, in various countries, 10% - 65% women are subjected to domestic violence;1 . In Australia, Canada, Israel, South Africa and the United States, between 40 and 70 per cent of female murder victims were killed by their male partners, many of them when they try to leave an abusive partner or soon afterwards;2 . Worldwide, an estimated one in five women will be a victim of rape or attempted rape in her lifetime;3 . One in three will have been beaten, coerced into sex or otherwise abused, usually by a family member or an acquaintance;4 . More than 60 million girls are "missing'' in Asia as per 2005 statistics, due to sex- selective abortions;5 . Sex selective abortions and female feticide are also prevalent in China, Eastern Mediterranean and a few East Asian countries;6 1 Heise, Ellsberg, and Gottemoeller 1999. Cited in: UN Millennium Project 2005a, p. 113. 2 Krug, E., et al. (eds.). 2002. World Report on Violence and Health. Geneva: WHO. 3 UN Millennium Project. 2005a. Taking Action: Achieving Gender Equality and Empowering Women. Task Force on Education and Gender Equality. London and Sterling, Virginia: Earthscan. 4 Heise, L., M. Ellsberg, and M.Gottemoeller. 1999. "Ending Violence against Women." Population Reports. Series L. No. 11. Baltimore, Maryland: Population Information Program, Johns Hopkins University School of Public Health. 5 The Hindu, 14 October 2005 6 Ibid 3 . Between 100 and 140 million girls worldwide have been subjected to female genital mutilation, by which external female genitals are partially or totally removed for non-medical reasons;7 . Between 600,000 and 800,000 individuals are trafficked each year for forced labour, the majority for commercial sexual exploitation; approximately 80% of them are women and girls, and 50% are minors;8 . „Witch-hunting‟ is now an international phenomenon; women and children have been murdered, humiliated, tortured and persecuted after being accused of being witches, destroying lives of millions of people; . In India, adivasi, dalit, single and elderly women are the worst-victims of witch- hunting, which is often a ploy to grab their property, camouflaged by superstition and traditional practices; . At least 5000 „honour killings‟ (where predominantly women are killed by family members in order to save perceived family honour) take place worldwide every year;9 and . Sexual harassment at workplace is a form of gender-based violence prevalent in many countries; about 47% of working women in India have experienced some form of sexual harassment over the course of their work.10 Statistics derived from the National Crime Records Bureau (NCRB) give an indication of selected gender-based crimes against women in India over the years. Table 1 below gives the statistics for selected crimes against women in 2008. (Statistics of 2009 have not been published by NCRB yet). The table indicates that among various categories of 7 World Health Organization, http://www.who.int/reproductivehealth/topics/fgm/prevalence/en/index.html (accessed on 14 October 2009) 8 United States Department of State. 2005. Trafficking in Persons Report: June 2005. Washington, D.C.: United States Department of State. 9 ^ "A Human Rights and Health Priority". United Nations Population Fund. http://www.unfpa.org/swp/2000/english/ch03.html. Retrieved 2007-08-15. 10 Study conducted by National Commission for Women, referred to in http://www.ethicalcorp.com/content.asp?ContentID=6140&rss=ec-main.xml. (accessed on 27 January 2009) 4 gender-based violence, the highest number of cases have been reported of domestic violence (cruelty by husband and relatives), yet the conviction rate (rate at which the accused persons are held guilty of the crime by courts of law) is lower than most other categories. Table 2 below provides a snapshot of the incidence of selected crimes against women registered under various sections of the Indian Penal Code, in the years 2000- 2007. The comparative figures reflect a steady increase in crimes against women over the years in most categories. This is further reiterated through Graph 3 below, which indicates the incidence of selected crimes against women in the years 2003-2007. The limitation with these statistics is that they reflect only the crimes registered with the police. Since there are many cases of crimes against women which go unreported / unregistered, the statistics are only an indication and not a true reflection of the extent and magnitude of gender-based crimes against women in India. 5 Table 1 CRIMES AGAINST WOMEN IN INDIA, 2008 Crime heads Cases % to total Rate of Charge- Conviction reported crimes crime sheeting rate registered rate under Indian Penal Code Cruelty by husband and 81344 3.9 7.1 93.7 22.4 relatives Rape 21467 1.0 1.9 93.9 26.6 Molestation 40413 1.9 3.5 96.1 31.7 Sexual harassment 12214 0.6 1.1 96.8 50.5 Kidnapping & Abduction 22939 1.1 2.0 74.1 27.1 of Women & Girls Dowry deaths 8172 0.4 0.7 92.8 33.4 Importation of girls 67 0.0 0.0 72.2 12.3 Total Crimes Against 195856 9.4 17.0 92.5 30.1 Women (IPC crimes + Special Laws) Source: National Crime Records Bureau, Ministry of Home Affairs, New Delhi Note: These statistics are derived from complaints registered with the police; there are many more crimes under each category that are unreported / where complaints are not registered, which are not reflected by these statistics. 6 Table