In
the current day, everyone in the globe has observed violence and the rise in
crimes against women in some form or another. It demonstrates the magnitude and
gravity of the atrocities committed against women in recent years. This is
shown by the worldwide campaign for the eradication of violence against women.
Changes in living conditions, way of life, imbalance in economic development,
shifts in social ethos, and indifference to moral norms all lead to a virulent
attitude toward women, resulting in an increase in crimes against women.
Moreover, such occurrences are a cause for significant worry, and the structure
is vitally essential so that the women of India may live in an environment
devoid of atrocities, denigration, and horrendous crimes with respect, honour,
dignity, freedom, and peace.
There are several legal
laws that penalise offenders who commit crimes against women. Despite the fact
that the Indian Penal Code offers protections for women who are victims of
crimes like as murder, robbery, theft, etc., there are some offences that are
specifically defined as "Offenses Against Women" With the purpose of
effectively combating these crimes, several new socioeconomic offences have
been introduced with numerous revisions to the current laws.
Violence
against women (Glimpses of India Penal Code,1860)
1. Kidnapping (Sec
359,360,366)
2. The Eve Tease (Sec
509)
3. chain-stealing (Sec
378)
4. Rape (Sec
376,376A,376B,376C,376D) (Sec 376,376A,376B,376C,376D)
5. Sexual Harassment (Sec
354A)
6. Domestic Violence (Sec
498A)
7. Honor Killing
8. Cyber Crimes
(Bullying, Abuse, Violence, Pornography)
9. Dowry deaths occur
10. Acidic Assaults (Sec
326A,326B)
11. Stalking (Sec 354D)
12. Assault intended to
offend modesty (Sec 354,354B)
13. Human trafficking of
women (Sec 370,370A,372,373)
The
phrase kidnapping may apply to either abduction from India or abduction from
legal guardianship. Whoever transports a person outside of India without his
consent is considered to have kidnapped that person from India, and whoever
takes a minor (16 years in the case of a male and 18 years in the case of a
female) without his consent or the guardian's consent is considered to have
kidnapped that child from lawful guardianship (Sec 361). This is punishable by
up to seven years in prison and a fine. Section 366 of the Indian Penal Code
describes the offences of kidnapping, abducting, or enticing a woman to be
married against her will, as well as forcible sexual intercourse, as punishable
by up to 10 years in jail and a fine.
Eve
Taunting
Eve
Teasing is a term for men's sexual harassment or assault of women in public. It
is an issue among today's kids. It is a sort of sexual aggressiveness whose
intensity spans from sexual comments, brushing, and catcalling to groping.
Whoever, with the intent to insult the modesty of a woman, utters a remark,
makes a sound or gesture, or displays an item that invades the private of a
woman will be punished with imprisonment for up to three years and a fine.
Chain
Breaking
Theft
from women is limited to chain-snatching and the taking of other goods. This is
a prevalent issue in contemporary culture. The class of individuals most
impacted by these incidents are senior ladies. In addition to disguising
themselves as police officers, the perpetrators encourage women to hand up their
belongings for their protection. It falls under Section 378 of the IPC.
Rupture
is a word with a much larger definition and a broader viewpoint. It is the most
prevalent crime against women, and the Indian culture and government have
failed to eradicate this horrific act. The global community views India as a
country of rapists. The number has dramatically climbed. The legal system has
utterly failed. The offence may be classified as rape of a juvenile girl, rape
of a woman (Sec 376), rape with murder (Sec 376A), rape in families, rape by
public workers (Sec 376C), gang-rape (Sec 376D), and marital rapes (Sec 376B).
The penalties for these offences vary from 7 to 20 years in jail, life
imprisonment, or a fine.
Sexual
Harassment
Sexual
harassment includes unwanted sexual approaches, demands for sexual favours, and
various forms of verbal or physical sexual harassment. It encompasses
activities ranging from minor infractions to sexual abuse or sexual assault,
displaying pornographic material to women against their consent, etc. According
to Section 354A of the Indian Penal Code, a person who commits sexual
harassment is subject to up to three years in jail and a fine.
Domestic
Violence
Domestic
Violence is another another frequent word in our nation, where women have been
and continue to be regarded as the lowest social stratum. The theory was that
since the guy earned money and worked outdoors, he had the right to do whatever
he pleased with his wife. However, as time passed, the pattern shifted and
women today have equal employment opportunities. These violent crimes include
assault, rape, and sexual coercion, among others. The 2005 Domestic Violence
Act, Section 498A, stipulates a one-year sentence and a fine.
Honor
Killing
Reports continue to surface
of a rash of murders other dishonourable actions committed in the sake of
'honour,' whether of a family, caste, or community. Although the most of these
murders and offences are reported from different Indian states. A crime
committed in the name of 'honour' encompasses a variety of violent or abusive
behaviours, including as emotional, physical, and sexual assault as well as
other coercive activities. Through a variety of coercive and punitive tactics,
the panchayats and organisations seek to instil fear and prevent marriages and
alliances based on free will. These activities also violate the Indian
Constitution's basic rights, such as the right to life and liberty, which
includes the right to bodily integrity and the ability to choose with whom to
associate.
Cyber
criminals
In
the field of technology, India has also made technological advancements, and
women are an integral part of it. However, disordered minds have not missed an
opportunity to insult women in cyberspace. Every day, many cybercrimes, such as
cyberbullying, cyberabuse, and pornography, are committed against women. Under
the Information Technology Act of 2000, these offences are punishable by a
variety of sanctions, ranging from up to three years in jail to a fine and/or a
lifetime of intensive supervision.
Dowry
Perishes
In
India's rural communities, the heinous practise of dowry is still prevalent,
and if it isn't stopped, it would result in the slow death of women. In recent
years, there has been an upsurge in the number of such fatalities.
Acid
Assaults
Despite
the fact that the government of India has prohibited the selling of acids
without sufficient information, acid assaults on women continue to be common.
According to Sections 326A and 326B of the Indian Penal Code, anybody who
throws acid with the intent to cause severe bodily harm or commit an assault is
punishable by up to 7 years in jail and a fine.
Stalking
Stalking
is a trending new offence against women. Stalking is the violation of the
privacy of women by following, frequent contact, or surveillance over the Internet
or other technological methods. Whoever does so will be penalised with up to
three to five years in jail and a fine.
Assault
to offend propriety
Whoever
attacks or uses unlawful force with the intent to violate her modesty (1 year
to 5 years in jail) or disrobes or compels her to be nude (3 years to 7 years
in prison) is accountable under Sections 354 and 354B, respectively.
Punishment
of snooping
According
to Section 354C of the Indian Penal Code, it is illegal to observe or record
(through image or video) a lady engaging in intimate actions when she believes
no one is observing. This includes a woman who is: • using a toilet; • naked or
in her underwear; or • engaging in sexual activity.
Voyeurism
is the legal word for such conduct.
The
sentence is between one and three years in prison and a fine. If someone is
convicted of committing the same offence many times, he or she faces between
three and seven years in prison and a fine.
What
if the lady consents to being photographed?
If
the lady consents to private photographs, taking them is not illegal. However,
if she intends for them to stay with just certain individuals, distributing
them is illegal. The legislation specifies that the lady must explicitly agree
to both viewing/taking photographs and disseminating them for it not to be
illegal.
Example:
Naina allows Ajay to photograph her in her underwear so he may work on his
drawing. Ajay shares these images with his WhatsApp contacts. This might be a
felony under the voyeurism statute.
Note:
The Criminal Law(Amendment) Act, 2013 revised and added sections 326A, 326B,
354, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376B, 376C, and 509.
According
to the Indian Penal Code, there were many offences and their corresponding
penalties relating to women. Recent legislation enacted by the Indian
government in favour of women includes the Sexual harassment of women at
workplace Act, 2013 and the Protection of children from sexual crimes Act,
2013. In addition, it has modified the IPC and the Code of Criminal Procedure.
The administration is eager to pass rules against dowry-related crimes and
honour killings. Cybercrimes would eventually be addressed. In recent years, as
a result of societal developments, women are increasingly willing to fight for
themselves, and they are receiving tremendous support. We aspire to alter our
society, but first we must alter our perspectives.
Written By:
Medagam Chaitanya Reddy, [2nd Year, BBA.LLB(Hons.)] under the guidance of Dr. Nagalatha Bathina, Associate Professor, Vignan Institute of Law.
Editorial Director:
Dr. Nagalatha Bathina, Associate Professor, Vignan Institute of Law.
Editors:
Dr. Praveen Kumar, Director, Vignan Institute of Law
Mr. L. Ashish Kumar, Assistant Professor, Vignan Institute of Law
Blog Managed By:
Taj Mahamood Baig [2nd Year, BA.LLB(Hons.)]