Crime against Women refers to those crimes which are
committed against a woman because of her gender. These include sexual assault, human
trafficking, forced prostitution, domestic violence and dowry related cases. Crime against women have been increasing at
very high rate. This fact is supported by the data compiled by the National
Crime Records Bureau. While presenting the trends for major crimes which have
increased during the period 1953-2012, NCRB points out that incidence of murder
have increased by 251.3%, kidnapping by 804.6%, robbery by 225.2% and riots by
263.5%. However, NCRB started collecting data about rape only since 1971 and
rate of increase of this crime during the period 1971-2012 has been 902.1%. Apparently,
this is highest despite the time frame being much less. Number of total
registered crime against women was 143795 in 2001 which increased to 244270 in
2012 showing an increase of 69.8% during the period. On other hand total cases
registered under IPC in the year 2001 were 17,69,308 which increased to
23,87,188 in 2012 thus showing an increase of 34.9%. Total cases registered
under SLL were 35,75,230 which increased to 36,54,371 in 2012 showing an
increase of about .02%.
Above mentioned data clearly indicates that the crime
against women have increased at a much higher rate than other crimes. Does this
mean that women have been increasingly becoming s soft target? The answer could
very well be in the affirmative. One category of such crimes is that in which
the perpetrators are invariably family members. These crimes include domestic
violence and dowry related cases. Problem of domestic violence is quite old and
has also got some sort of religious sanction. In earlier days, women had no
option but to suffer in silence. Now with increased awareness and legal
protection women have started protesting resulting in an increase in the number
of registered cases. Dowry related crimes are also committed solely by the
family of the victim. Increasing consumerism has resulted in an increase in
appetite for easy money. This coupled with wrong social practices of giving of
dowry and treating the groom and the family superior in marital relationships
led a large number of people to demand higher and higher dowry. In case where
demands were not met, incidents of harassment, violence and even killing of the
bride took place. Although legal
provisions exist against these crimes; Domestic Violence Act and Dowry
Prohibition Act being enacted apart from the provisions under various
provisions of IPC, the fact that these crimes are committed by the family of
the victims within the four walls of the house, makes such crimes difficult to
detect and much more difficult to punish.
Second category of crimes is that which are usually
committed by people other than family members though there has been the
involvement of family members in a few cases. These include sexual assault like
rape and molestation, eve-teasing, stalking, trafficking of women and forced
prostitution. These cases have increased at an alarming pace as data from NCRB
clearly indicates. The reasons have been social as well as related to legal
provisions and criminal justice delivery system. In a traditional society the status of women
has been made subservient to and dependent upon men. Woman in earlier days was
comparatively safe but not as an independent individual. She was safe as a
dependent of a male, a property of a male which other male members of the
society hesitated to violate. Her movement was restricted to the neighbourhood
and farther places was accessed only alongwith a male relative. Now the
situation has changed. A woman is now on the path of gaining independence. This
has changed her field of activity which has increased her mobility. A large
section of males has not adjusted itself to this independent image of the new
women. On the other hand, the cover of the family which protected her in
earlier times, no longer exists in present social conditions. This has
increased the vulnerability of women.
This vulnerability has been highlighted in a number of
recent incidents, most infamous being the 16th December 2012 gang
rape case. The brutalities committed by the perpetrators shook the conscience
of the entire country and lot of people came on roads to protest. Although
protests continued for many days, nothing concrete was achieved either in
social or in legal aspect. As far as the social aspect is concerned, this case
was followed by a number of cases. In another case committed a few months later
in Gandhinagar area of New Delhi, a five year old girl was subjected to extreme
brutalities. This and other similar incidents are a most clear statement of the
fact that the society refuses to learn its lesson.
An important aspect in this regard is the law and order
and criminal justice delivery mechanism. After the December 2012 incident the
Government appointed Justice Verma Committee on 23rd December 2012 to
look into the entire matter. The Committee submitted its report in January,
2013 in which it studied and gave recommendations on various issues like rape
and sexual assault, sexual harassment at workplace, trafficking of women and
children, child sexual abuse, honour killings, other offences against women,
police reforms, educational reforms and electoral reforms. The Committee opined
that rape is not simply a “crime of passion” but it is also an expression of
power. The Committee also noted that while number of persons arrested in some
other crimes like murder has decreased over the period but on the contrary
there has been an increase in number of cases against women. The Committee
pointed out some of the causes of this behavior and gave recommendations on a
number of subjects.
With respect to sentencing and punishment it recommended
increasing the minimum punishment from 7 to 10 years while maximum punishment
should be life imprisonment. With respect to life imprisonment the Committee
recommended that it should mean the entire natural life of the convict and not
14 or 20 years. However, the Committee did not accept the proposals for
chemical castration or death penalty. Reason for not recommending death penalty
was stated to be that although rape is a highly reprehensible crime it has to
be graded and there might be instances where the victim/surviour is still in a
position from where she can, with the support from her family and the society
lead a normal life. In such cases degree of injury does not warrant death
punishment. While reaching this
conclusion, the Committee was also influenced by the international efforts to
ban death penalty. The Government has responded by enacting the Criminal Law
(Amendment) Act, 2013. The Act provides for punishment/enhanced punishment for
acid attack, sexual harassment, voyeurism, trafficking and rape. In cases where
the victim suffers an injury due to which she dies or is reduced to a permanent
vegetative state, the provision of death penalty has also been made.
The said act was notified on 2nd April 2013.
However, despite this, there has no respite in sexual assault or rape cases.
Obviously, the society has not learnt to treat its women with respect. Usually,
a part of the blame is shifted on the victim for not dressing modestly,
venturing outside particularly in the night, interacting with men and a host of
other reasons. Perpetrators do not receive the indignation which they are
entitled to but it is often the victim who is target of ridicule. Although
women do have a share of culpability, it is not in terms of their dresses or
going outside. It is in terms of creating a general atmosphere in the society.
It is said that the mother is the first teacher of the child and it is her
responsibility to teach her son to respect other females. Such things have to
be incorporated in the behavior of the child so that he does not commit these
crimes when he grows. If he wavers from the right path he needs to be given
corrective lessons accordingly.
Another aspect is the legal one. Punishment should not
only be a tool to reform a criminal, it also should act as a deterrent as well
as provide some sort of retributory satisfaction to the victim or his family.
Indian judicial system is heavily loaded in favour of reformative aspect. However,
it needs to be understood that police cannot be physically present everywhere,
it is only the deterrent which can be visible everywhere. Long judicial proceedings
are also an impediment in providing justice as it is said that “justice delayed
is justice denied”. Dhananjoy Chatterjee was hanged in 2004 for the rape and
murder of Hetal Parekh in 1990. Similarly, the case of Priyadarshini Mattoo who
was raped and murdered in 1996 was finalized in 2010 when the Supreme Court
commuted the death sentence of the victim to life imprisonment. Both these
cases took about 14 years to reach the final conclusion despite the fact that these cases attracted high media attention
bringing lot of pressure on the Government and the Judiciary.
In the gang rape case of December 2012, one more issue
has come up, that is, issue of juveniles involved in such crimes. One of the
six accused was juvenile at the time of committing the crime. He was said to be
most barbaric of all the accused but was tried as juvenile and has recently
been given a sentence of three years in a juvenile home. Verma Committee had
rejected the proposal for reducing the age of juveniles from 18 to 16 years.
According to the Committee, if a juvenile is given life sentence at the age of
16, he would be released somewhere in mid 30s and there is little assurance
that he will come out as a reformed person. The Committee also stated that as
recidivism (repeating of crime ) was 6.9% in 2011 as compared to 8.2% in 2010
the Committee is not inclined to reduce the age of juvenile. However, this
stand of the Committee does not appear to be justified. The Committee says that
rape is a crime of expression of power. How can anyone who has exercised this
power in a most barbaric manner be said to be a juvenile? Intention of any Act
targeted at a specifc group of people is to safeguard the interests of these
people, in this case the juvenile. It
can be applied to those crimes where the accused is forced by the circumstances
but can this immunity or compassion be extended for those crimes which are simply
an expression of brute power. Verma committee says that longer terms of
imprisonment do not reform a person but does the term in a juvenile correction
home do so. The answer would be no. State’s first responsibility lies towards
saving the life and dignity of innocent and law abiding citizens. Reforming
criminals should come after this and it is also very important that these
reforms are not made at the cost of life, dignity and property of innocent
citizens.
In a nutshell, the above discussion makes it amply clear
that the crime against women are rising at an alarming pace. These can only be prevented by making efforts
both at the level of the society and the law. While the society should learn to
treat its women with respect the law making and enforcing authorities also need
to clearly bear in mind that their primary duty is to save the law abiding
citizen. The media and intellectuals/activists also have a role to play in
creating awareness and helping the society in taking a strong stand against
such crimes.
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