July 16, 2023

OFFENCES RELATING TO WOMEN

This article has been written by Soudip Das, a student of 4th Semester, BBA LLB, Adamas University

 

 

ABSTRACT 

This article discusses women’s offences such as sexual violence, domestic violence, honor-based violence, stalking and harassment, and discrimination. We examine the legal and societal frameworks that have shaped women’s experiences of violence and discrimination, highlighting the prevalence and impact of these offences from historical and contemporary perspectives. We investigate the current state of affairs in terms of policy and practice, as well as the remaining challenges and gaps. Our findings highlight the critical need for a comprehensive and coordinated response to these issues, as well as avenues for future research and action.

INDRODUCTION 

Women’s crimes are a persistent and pervasive problem all over the world. Sexual violence, domestic violence, honor-based violence, stalking and harassment, and discrimination are all examples of such offences. These forms of violence and discrimination have deep historical and societal roots that have perpetuated gender inequalities and power imbalances. Despite significant progress in many countries in advancing women’s legal rights and protections, crimes against women remain prevalent and have far-reaching consequences for women’s physical, psychological, and economic well-being.

The goal of this article is to provide an overview of female-related offences from both historical and contemporary perspectives. The legal and societal frameworks that have shaped women’s experiences of violence and discrimination, as well as the prevalence and impact of these offences, are examined. We examine the current policy and practice situation and identify the challenges and gaps that remain in addressing these issues. Our analysis emphasizes the importance of a comprehensive and coordinated response to these issues and suggests future research and action.

HISTORICAL CONTEXT 

The historical context of women’s offences is long and complex, shaped by patriarchal norms and societal expectations that have perpetuated gender inequalities and power imbalances. Women have historically been denied legal rights and protections that men enjoy, leaving them vulnerable to violence and discrimination. This has included the use of violence to control and intimidate women, which has frequently gone unpunished or is legalized.

Rape, for example, was viewed in many societies as a property crime against a woman’s husband or father rather than a crime against the woman herself. Rape laws did not begin to recognize the victim’s right to bodily autonomy until the twentieth century, and perpetrators were held accountable for their actions.

For centuries, domestic violence has been largely hidden from public view and treated as a private matter. Domestic violence was only recognized as a serious criminal offence that should be punished by law in the late twentieth century, and only recently has there been a shift toward recognizing domestic violence as a serious criminal offence that should be punished by law.

Forced marriage, female genital mutilation, and honor killings are all examples of honor-based violence. These practices, which have been used to control women’s behavior and enforce gender roles, are frequently justified by cultural or religious traditions. Despite the fact that it is illegal in many countries, honor-based violence occurs all over the world.

Women have historically faced discrimination in terms of access to education, employment, and other opportunities, as well as unequal legal treatment. Legal protections against gender discrimination did not make significant progress until the mid-twentieth century.

Overall, the historical context of women’s offences reflects the persistence of gender inequalities and the need for ongoing efforts to promote women’s rights and protections.

TYPES OF OFFENCES RELATING TO WOMEN

Women’s offences include a wide range of behaviors that violate women’s human rights, safety, and dignity. The following are the broad categories of female-related offences:

  1. Sexual violence: Rape, sexual assault, sexual harassment, and other forms of non-consensual sexual contact are all included. Sexual violence violates women’s bodily autonomy, safety, and dignity. It can cause physical and psychological harm, as well as have long-term consequences for women’s lives.
  2. Domestic violence: Physical, emotional, and financial abuse, as well as coercive control and other forms of violence in intimate relationships, are all examples of domestic violence. Domestic violence is a major public health problem that affects millions of women around the world. It can result in physical harm, mental health issues, and social isolation.
  3. Honour-based violence: Forcible marriage, female genital mutilation, and honour killings are examples of such practices. These types of violence, which are frequently justified by cultural or religious traditions, are used to control women’s behaviour and enforce gender roles.
  4. Stalking and harassment: Unwanted and persistent contact, following, and surveillance, as well as verbal and physical threats, are examples of this. Stalking and harassment can result in significant psychological distress and even physical violence.
  5. Discrimination: Gender discrimination in education, employment, housing, and other areas of life is included. Discrimination can take many forms, including unequal pay, denial of promotions, and exclusion from positions of leadership. Discrimination can limit women’s opportunities, economic empowerment, and political participation.

All of these offences are interconnected and can have overlapping effects on women’s lives. A woman who witnesses sexual violence, for example, may be stalked and harassed by the perpetrator, and she may face discrimination in seeking justice or accessing services. Similarly, women who are victims of domestic violence may be subjected to honor-based violence if their abusers use cultural or religious beliefs to justify their behavior.

It is critical to recognize that crimes against women are not limited to any particular geographical or cultural context, but occur worldwide and affect women of all ages, races, and socioeconomic backgrounds. Addressing these issues necessitates a comprehensive approach that takes into account the many interconnected factors that contribute to violence and discrimination against women.

IMOPACT OF OFFENCES RELATING TO WOMEN

Offenses against women have a significant impact on society and the lives of women. These offences can range from harassment and verbal abuse to physical and sexual assault. These offences can have both short-term and long-term consequences for women’s physical, emotional, and psychological well-being.

Fear and anxiety are two of the most significant consequences of crimes against women. Women who have committed these crimes may feel unsafe and vulnerable, affecting their ability to live freely and confidently. This can lead to a decrease in their overall quality of life as well as a loss of confidence and self-esteem.

Another effect of these crimes is the harm they can do to women’s relationships. Women who have been victims of sexual assault or domestic violence may have difficulty trusting others and forming healthy relationships. This can result in social isolation and a lack of support, exacerbating the impact of these offences.

Offenses against women can also have a serious impact on their physical health. Injuries, chronic pain, and other health issues can result from physical violence. Sexual assault can lead to sexually transmitted infections, unwanted pregnancies, and other health problems. These physical consequences can have long-term consequences for a woman’s health and well-being.

Offenses against women can have a significant psychological impact. Women who have committed these crimes may suffer from depression, anxiety, and post-traumatic stress disorder (PTSD). These conditions can have an impact on their ability to work, socialise, and have fun.

Offenses against women have a broader impact on society as a whole, in addition to the individual impact on women. They contribute to a culture of fear, violence, and gender discrimination. They also contribute to a lack of trust in the criminal justice system, making it difficult for women to report and seek justice for these crimes.

Finally, crimes against women have a significant impact on the lives of women and society as a whole. Addressing these offences and working to create a culture that promotes gender equality, respect, and safety for all women is critical.

LEGAL PROVISOIONS RELATING TO OFFENCES AGAINST WOMEN

The legal provisions related to offences against women:

 

  1. The Indian Penal Code, 1860 (IPC):

   – Section 354: Assault or criminal force to woman with intent to outrage her modesty.

   – Section 375: Rape.

   – Section 376: Punishment for rape.

   – Section 498A: Husband or relative of husband of a woman subjecting her to cruelty.

  1. The Dowry Prohibition Act, 1961:

   – This act prohibits the giving or taking of dowry.

  1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

   – This act provides for the prevention, prohibition, and redressal of sexual harassment of women at workplace.

  1. The Protection of Women from Domestic Violence Act, 2005:

   – This act protects women from domestic violence and provides for the right to reside in the shared household and right to maintenance.

  1. The Indecent Representation of Women (Prohibition) Act, 1986:

   – This act prohibits the indecent representation of women through advertisements or in publications, writings, paintings, figures, or in any other manner.

CONCLUSION 

Finally, crimes against women have a significant impact on both the individual victim and society as a whole. Gender-based violence, sexual harassment, and discrimination can cause physical and emotional harm, as well as a loss of opportunities and long-term trauma. These offences also contribute to the perpetuation of harmful gender stereotypes and the perpetuation of gender inequality.

Individuals, communities, and governments must all work together to prevent and address these crimes. This can include educating the public about the significance of women’s rights, promoting gender equality, and enforcing laws that protect women from violence and discrimination.

We can make the world a safer and more equitable place for everyone if we work together to address crimes against women. It is time to stand up to gender-based violence, sexual harassment, and discrimination, and to ensure that women are treated with the dignity and respect they deserve.

REFERENCES 

  1. United Nations. (1993). Declaration on the Elimination of Violence Against Women. 
  2. World Health Organization. (2013). Global and regional estimates of violence against women: prevalence and health effects of intimate partner violence and non-partner sexual violence. 
  3. Rashid, S. F., Krimmel, S. R., & Lewis, K. (2005). Women’s sexual and reproductive health: the role of rights and empowerment. Women’s health issues, 15(1), 5-9.
  4. Kabeer, N. (2005). Gender equality and women’s empowerment: a critical analysis of the third millennium development goal. Gender & Development, 13(1), 13-24.
  5. World Health Organization. (2016). Understanding and addressing violence against women: intimate partner violence.
  6. United Nations Development Program. (2018). Gender-based violence.
  7. Human Rights Watch. (2019). World Report 2019: Rights Trends in Pakistan. 

 

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