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!

. LAW AND
THE INDIANACADEMYOF INTERNATIONAL
' DIPLoMAcY
I

I
t

\ lJ ELIMINATION AGAINST
OFVIOLENCE
\ J

\
J W O M E NI N I N D I A: M I L E ST OG O
5
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: AssignmentSubmittedas port fulfillmentfor owordof


: P.6.Diplomoin Humon R'ights,
\ IU Humonitorian
f nternotionol & RefugeeLows
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\ It AkankshaSingh
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--
I
GONTENTS
t (i)
Preface
\.\
(y
-.- """1
f.lntroduction
I '
- \ AgainstWomen(VAW)
Violence
ll. Defining
"""'1

I Againstwomenin Indiansociety
Itl. Violence
""""'2

F
i-l
to EndVAW'
Commitment
lV.India'sInternational
for combatingVAw
/ Legalsafeguards
v. constitutional
""10

..'15

l--t
L
to EndVAW'
Vl. CivicSocietyResponse
"""'24
t \
"25
L- andRecommendations
Vfl. Conclusion

I
L
References.
I i ,
lr-- q u
PREFACE
Violence against women is perhaps the most shameful human rights

violation. It is a manifestation of the social, psychological,

and economic subordination of women. Women are vulnerable to

this violence in all countries and at all staqes of their life.

Whether it is trafficking in girls , sexual intimidation at

w rJ s.- -/ C-r +L L+g r ^y r , , - i^ +U I1I g ^ ^ home- fL h- L eI g .9 Ef Icl . n\ . trE -I l e r hased


w vo
I I !rt k - rane
ro.IJs | 9L III 1L\-,/lLts/ L)c violence

cuts across social and economic divisions The problem breeds

in silence and finds legitimacy through cultural norms.

In this assignment I have tried to explore the nature, forms/

UClLI>UD
-^r
d. IIL.I impact of the acts of violence on Indian women. f

have also included in my analysis, the remedies that are

available for eliminating violence against women in India in

the tiqht of international commitments and constitutional

provisions, and the latest Act (the Protection of Women From

Domestic Violence Act ,2005) . The paper is based on secondary

sources of information and includes internet browsinq of

Refevant Literature

I am indeed thankful to the librarian and the st.aff of ISIL and

the Sahitya Akademi library for their cooperation and for the

Internet facifity without which it would not have been possible

for me to complete this study.

1 Ak:nkehr
\ a r r ! q r r r \ u r r q
Q Li LnT eY L rL h \I
v
I. INTRODUCTION

Gender-based violence is recognized today as a ma;or issue on

the international human rights agenda. This violence includes a

wide range of violations of women's human rights, includrng

trafficking in women and girls, rape/ wife abuse, sexual abuse

of children, and harmful cultural practices and traditions that-

irreparably Camage girls' and women's reproduct ive anC sexua I

health.

Womenare vulnerable to gender based violence at all stages of-

their life. A culture of silence surrounds cases of violence

aqainst women in most countries, making it difficult to form a

rrue prcrure of its extent. Part of the difficulty is due tc

occurrence of violence in what is considered as the private

s'ohere (within f amilies, inside h o m e s) , and so this violence 1s

out- cf siqht and is under reported and even deliberately

disguised by the victims and the societies in which they Lrve

II. DEFINING VIOLENCE AGAINST WOMEN:

The most commonlv used definition is from Article 1 of the

Declaration on the Elimination of Violence Against Wcmen,

adcpted by the United Nations General Assembly in 1993, which

"any act of gender-based


describes violence against women as

violence that results in, or is likely to result in, physical,

sexual or psychclcgical harm or suffering to women, includlng

threats of such acts, coer:cion or arbitrary deprivations cf

liberty, whether occurring in public or private fi fe - "


)

occurs in the entire life cycle of women


Gender-based violence

in their lives women may be a subject to the


At any point

foltowing forms of violence:

: Sex-selective abortion; battering during Pregnancy;


Prenata]'

coerced pregnancy.

emotional and physical abuse;


Infancy : Female infanticide;

to food and medical care for girl infants.


c:.f ferentrar access

marriage; genital mutilation; sexual abuse by


Childhood : Chifd

strangers; differential access to focC and


family members and

chifd prostrtut ion ; Lrafficking in w o m e n'


rnedical care;

: Dating and courtship violence; economicallY


Adolescence

abuse in the workPlace; rape; sexual


coerced sex; sexual

forced ion ; Lrafficking in w o m e n'


harassment; Prostitut
I

\_ Age : Abuse of women bY intimate male Partners;


Reproductive
t
dowrY abuse and murder; Partner homicide;
marital rape;

abuse; sexual abuse in the workPlace; sexual


psychological

abuse of women with disabilrtres '


harassment; rape;

OIdAge:Abuseofwidows,elderabuse'

III. VIOLENCE AGAINST WOMEN IN INDIAN SOCIETY

in any other tradition bound society worrd


wcrnen in rndia like

social ly, economically, PhYsicalfy and sexually


over have been

immemorial. Representative examples of


exploited from trme

viclence against women in our socretY are:

: IN India tike in some other Asian countries,


FEMALE FOETICIDE

by parent s and giving bi rth t-c a


girls are viewed as a burden
tb

as a security for the old age' The obsesslon


son is considered
for a son is a structural and cultural affliction full of

religious sanctions. The result is sex selective birth of male

child and abortron of female foetus. No wonder the statistics in

2OOI census show a decline in sex ratio, in the age group of 0-6

y v e ! v .

This decline rn sex ratio is not due to some mysterrous

illrress that strikes only girl chitd but is a sad reflectlon

cf their death before they are born. fn these cases '

advancements made in medical technology, the sex determrnatlon

is used not f or any diagnostic pul:pose ( sex


test of a f oetus,

-linked genetic disorders ), but for abortion of selectlve

female foetus. The sex determination clinics that have

rnushroomed in most big towns and cities of India, though

bv law to do such tests are singularly responsible for


forbrdden

nFrformi.q ! v ! l L L r r r v the test and helping desirous parents to undergo


v v !

selective abortion of girts that leads to decline in the female

birth rate.

I f we look at the Article 2I of the Inclian Constituticn, the

about cf a physical destruction of an entire class cf


brrngrng

persons by actively preventing births of its members, is a

direct infringement of the right to life '

CHILD IIARRIAGE : In India like in many regions of the world,

virgini*.y is given a hiqh social value. Girls are marr ied of f a1-

even before theY r + . r - " r - : i n ^v u b e r t y in Order L&


a ycung age cr L Lo.rrl

maintain purity .As a consequence a child bride faces greater

health risks and experiences real n h r z" . s c' i a l


Y"J violation and trauma
as
q r her
l r v ! \l r/* or r lYr n o h o c l r z i s forced to deal with ear'l v .sexual actrvrtv

and the strains and pains of pregnancy and chifdbirth.

One of the damaging results of early child-bearing is ernergence

of w o m e n 's health problems due to prolonged obstructed birth,

r F s , r r .I l i n c r i n loss of partial or f ull control of urinary and/ cr

rectal functions. Given the lack of general access to proper

medical care especially in rural areas/ most girls with thrs

condition are unlikely to survive marriage and end up

drvorced or abandoned

DO W RY REI,A T ED VTOLENCE A I\TD D E A TH : The S ystem of gi vi ng dOw ry tO

.r d:rrerh1-or
q v g q at the time of marriage is an age-old institution

in India. Because she had no right to inherit in the paternal

nrr.tnerf rz under
_yr-_yvr uf/ q. the old Hindu law I a girl was given a parting

^ i € t - ar ut _ fL lhr e t i m e of her wedding by the f ather. With passage


v r l L

of time this voluntary gift became the compulsory giving away

of prcperty in which norms were followed from iconic patterns

esLablrshed by mythological fathers in Hindu scriptures. Pagents

of hri dFdroom in whose family the bride and her dowry were to

gain acceptance started giving suggestions in this, taking into

acccunt their own family needs. The common greed for acquiring

more wealth and enjoying comforts at the cost of others,

turned dowry demands to a size that parents of the bride found

it difficult to meet in a single giving at the time of

rftarriage. Promises were there fore made lv -f r r z f,afhFrS Cr

exner-taI i ons were rai sed in the in-Iaws that what is nct given

at the time of marriage wi t l follow there after. To gain access


5
t

\ f,
J

tc prcmised or expected gifts brides were made the recrpient of


\v

ill treatment including physical and psychological torture by


a
the husband and his family members in the hope that news of the
t
rlf treatment will soon reach the parents of the bride and will
\ .Y

serve as a remr-nder for expedient fulfillment of the dowry


J

\
exner:tat i ons.
v u \ I / v v U u U ! v I r U . Seveaif rz of
U U v U ! J U J v ! torf ure
U v ! U or rIl-treatment inCreased
J

r ^ rfi h r l o l : r z a n d C a m e t o such a paSS that the life of newly


\t
-D married woman became a living hell- forcing many brides to

cornmit suicide. Even her suicidal death was looked upon by


J

\v members of in laws family as a boon for getting ancther chance

\ tc marry their son and again receive dowry from the new brjde.
I

5 In scme situations , brides were burnt to death by husbands , or

,j his familv members hrz r l r r r t q" ' -i -n- g in kerosene, gdsoline, or other

t fl-ammable liquid, and sett ing the woman alight. Such incidents

:t are often disguised AS kitchen accident or suicide. The

t ulterior motive behind such acts was the second marrrage of

:e the son and the prevalence of coinmon practice of giving dowry La

:t a \ / a r \ . 2l - r r i d o t h a t
u v u r y v ! ! v \ will result in COming Of new wealth into the

: family folds

\ ry
BriCe-burning is the term used for such unnatural deaths. Many
t
cases of bride burnings are not reported as such, and the exact
t
nunrber of victims can only be estimated. In 2005, the latest
:
vear in which statistics are available from the National Crime
:
Records Bureau of India, confirmed and rFnr-rrter^l
- v - y v ! u v v r-lowrrz
v v v v ! J cleaf hS
v v u u

\v
including bride burning totaled 1026 .
:
rq
,

r-r4
J
-

,
\.\ 6
it

Reasons given by m e n, or their families, for bride-burning


v

wife's family to provide "a


have included: the failure of their
e
'l € -rri^^
aroe e' ' -n^ o
- l -t9^t lh r i n r ^ , r r z rr r ' tL hl t eu Ii Lf
Lr\JWl-y W
W I ir f- e t S fam'i lV rcl r-Llll9 intO a1-feafS
c
r ^ r if h
v v r u l r r J o t n r r t z n , a \ , z m o n 1q-:
v v v v ! J Or the mantS deSire tO rid himself Of hiS
\ v
_ y q J l L r v r r u J /

\_ wife without dishonouring himself. Husbands who participate rn


t
\-a these crimes may believe that burning their wife is a good way
t

to remove her without evidence, and will provide to them an


\
opportunity to marry again, hopefully to a better looking woman,
:D
\-a and in a rich family that will give a larger dowry.
-a

\-a TORTURE AIID HARJA,SSMENT IN }TARRIAGE : RoIe expectatiONS frOM


v

- wcmen in our society is generally confined to their role as

:t Caughter, housewife and mcther, which are effectively played

\.*\
t within the four walls of home. Unfortunately, our wcmen are
L .

, not safe within the perimeter of their homes. Women are

\.1 q r r l - l r rg \.- rL -g f\ . re r - l :nrl 6 qrznl'rnl nrri n:]


:y DL-rlJJ tL o\ - / n hrzq-i r-=l
.yrrJ\)l-\/crr
(rrrv yrJvrrvtvY!vq tOftUfe in hOme,

- irrespective of their economic status, r€figion ,Cdste or creeC

*-1
- Perh^ns
l \ , I L r u v J fami'l rz
! u l L t r ! J confl'i r:f - sfress-
v v ! r r r r v u r f u u r v v u / r : r r .f lr r r a l norms and sexual

- inoorr:lifrz
r r r v \ a q q r r u J contribute to wife battering. Fathers and brothers

\ toc inflict phvsical abuse on woman as an affirmation of the

\-.!
- male self-image as aggressor which has been encouraged and
- - a

.t internali zed durinq their own childhood

t SEXT'AT HARRJASSMENT AND MOLESTATION : Sexual harassment affects


- a

\t all women in some form or the other. Lewd rAm:rkq


! V I L L q ! J \ J
I
Jv v-o rurv rr a- Lht iL Y n r - lI

-r
r-
wclf-whistles, looks - r A
cl IC
n r r f
ycrr L \C f any woman's life, so much so
- \
.' that it is dismissed as normal . M : n r z .ny "e' 'r . S o n
! r q r r J use words or show
- \
i-
n
v vh
u vqv rrr -v p n o n
. Y
ictureS Of put up col-oured acts, gestures or sounds
- \
t,

\:-
7

with the intention to insult the modestv of a woman. This ls

sexual harassmenr. Some person use criminal force on a woman

with the intention to outrage her modesty. This constitutes

molestatron.

RAPE: In our country everyday a large number of wcmen anC girl

^ re he i ncr raped. According to the report of National Crime

Record Bureau (2005), there were IB,316 victims of rape. Of the

total victims of rape , 9.4 percent were girls under the 15

years of age, whi Ie 72 .1 percent were teen-aged girl s of 15

to 18 years. Nearly two-third of the reported cases were women

in the age-group of 18to30 years. 18.4 percent of victims were

in the age-group of 30 to 50 years while 0.6 per cent were cver

50 years. Beside reported cases many rape cases are happenrng

behind curtain and never figure in crime statistics . Such cases

are no1- reported in the press or case not filed with the police

because of social stigma attached to rape. The unfortunate part

of the story is that a rape victim instead of getting any

q\/mn^thrz is
v]rily-y -I
socialty condemned, ostraci zed and boycotted,

i onored and widely betieved to be responsible for her owrL

rape. A raped woman is also considered as abandoned women and

t--^
nas rro ^l
p race In the society, hence the raped women or the

r ao yns e €n- keen fhe incident a


relatives of the r L - ra j v v ! . / 1 l . L dl 1. IJrsrsr to

qor-raf

rrrere
T r L - ^ - ^
d- r A. r e many form of rape in India such as: rape in work

nr rna / r
r ao InJ e in domestic environment, rape in police custcdy,
P_Ld.\-C

child rape, 9an9 rape / date rape , institutional rape, ffiarital


8

rape and rape by intimate male relations.

KIDNAPPING AIID ABDUCTION : Women become victim of kidnapping

anC abduction for a variety of reasons in the family and

qnr-iotrz The motive behind kidnapping unmarried girls or

: l - r r ' l r r ru -rij _n
q v v u v .r
r r Y married Women iS mainly f Or SexUal purpoSe/ namely

marriage or selling of woman for prostitution. On the other hand

marrieC woman more abducted to fulfill acts of revenge anC to

bring dishonour to the family to which they belong.

TRjAFFICKING OF GIRLS AND WOMEN : Traf f icking in women and girls,

most often for commercial sexual exploitation is estimated to

be on a rise up . Poor women and the girls are among the

target groups of traffickers, because of poverty and limited

inl-r n^n.\'funities
)
uv v_y_yv! u that exist in most backward areas frqn which

the trafficked woman come Traffickers mav own and run

legitimate travel agencies, modeling agencies and employment

of f i-ces in nearby towns, f or gaining access to a w o m e n 's t r u s t .

This is followed by irresistible offers of dream j ob

n r - \ n nr 1 -r r r ri r i e S
v_y,yv! u qlrr u in India Or abrOad tO whiCh innOCent and pOOr

woman easrly fall prey Others are simply kidnapped. Once

overseas it is common for their passport to be confiscated by

the trafficker and to be warned of the consequences shoulC

they attempt to escape. Usual treatment given to such woman

include beatings, rape, threats of violence against their family

and the threat to their own life. Living in a foreign land and

i nnor:nt
f
Y r r v !
u l l u
nf
v the laws of the land, oT even the address of the

office of the Indian Consulate these trafficked women ofren


-

h\ 9
ry

- f vanish into thin air without leaving any trace.


_
Due tc the illegal and underground nature of trafficking, the
U
exact extent of women and girl-children forced into it ls
U

\I un known .
t/

SATI : Sati is a ghastly crime peculiar to the Indian Scenarro.


I
- \ The custom of burning alive of any widow along with the dead
J

bcdy of her husband is Sati. Relatives of the deceased male


:t
\a dying issueless I often instigate the widow to commit Sati ln
J

\a crder to eliminate her succession right on the property of


-,
deceased husband by glorifying the act of Sati. The practice
U

which has mention in the Hindu scriptures and enjoys reliqious


U

*I sanctions , was first prohibited at the initiative of social

h..-\ reformer Raja Ram Mohan Roy during the British rule. But rt
t
- -
still occurs occasionally, mostly in the rural areas. The last
I
\.r clearly documented case was that of Roop Kanwar. However there
J

are claims that other more recent deaths have also been cases of
t

\1 Sati. On 1B May 2006, Vidyawati, a 35-year-old woman allegedly


-,

committed Sati by jumping into the blazLng funeral pyre of her


:t
husband in Rari-Bujurq Village, in Fatehpur district, in the
\

>a State of Uttar Pradesh. On 2I August 2006, Janakrani, a A)-year-


lI -
:\-a old woman, was burnt to death on the funeral pyre of her
t
\-\
husbanC Prem Narayan in Sagar district of Madhya Pradesh.
t

D O M E S T I CV I O L E N C E : Domestic violence includes physical, sexual,


t
I
\.f cr psycholoqical aqqression or coercion and is a pattern of
-/

:\-\ behavior employed by one person in a relationship to control


l u
I- \
the other. The abuse is typically directed at women and
lI -
--\
II t
-
3
O

\ry 10
gfrrs and can create health, social, and economic
a
v
costs for the

indiviCual, the family, and the society. The violence mav


J
include b:t-t-or.i nrr burning, emotional btackmail, mockery or
J

'a rrCicule, threats of abandonment / confinement to the home, and


Y

the withholding of money or other family support. A women living


tt
'a rn an abusive relationship may be even forced in to rllegal
J

acts and criminal activities.


J
IV. INDIA'S INTERNATIONAL COMMITMENTS TO END VAW
3
InCia ]ras raLified many human right instruments
J which include

matters pertaining
t to ending violence against women. These are:

-a TNTERNATIONAL
f
CO\ZENAI{T ON CIVrL AIVD POLITICAL

I R T G H T S ,( T C C P R ), 1 9 6 6

\ The main international treaty on civil and potitical


a riqhts

Y stipufates that states should ensure the civil and political

t rights cf all individuals without any distinctron on the


t grcund of sex within its f erri torrz and s u b - le c t to its

t j urisdiction (Articl e2) . Article 1 of the instrument states

; that no one (women included) shall be subjected to torture or

T to cruel, i n h U m a n O r r - l e r ^ r r : ir -nl n t r e a t m e n t Or punishment . Artrc_Le

) 24 recogni zes that every child (g i r l s included) has a riqht


I
, tc acquire nationality and that every child has without
I
I drscrimination of sex r colour , the right to such measures

) of r^rrr-r]_ or-1- i an
5-,rt-lLUUL_LUrl. aS are requrred by his status as a rntnor / on

t the part of the state

) CON\TENTTONON THE RTGHTS OF THE c H r L D ( C R C )


,1999
I The Convention on the Riqhts of the Chifd reaffirms the fact
)

,
11

that children, because of their vulnerability, need special

care and protection and places special emphasis on the

tmportant role of international cooperation in achieving the

reaLtzation of children's riqhts. Article 2 of the Convention

i nr-orn.)r:1_
ss
l v - - y the nri nr-inl c of
. y r r r r v r l / r v v ! non diSCriminatiOn whiCh States

that all rights stated in the convention shall apply to all

chrldren without exception, and the State has the obligation to

protect children from any form of discrimination. The State must

not vrolate any right, and must take positive action to prornote

the rights mentioned in the Convention. Article f9 deals with

]u _r r h
v
a n rnfoction
I/! v Lv from abuse and neglect. The State has the

\^ Jl - lr - l -ri -^ L- f v o
L .ri ' ^r^' to protect children f rom all f orms of maltreatment

whefher
V Y f I U U I I V ! brz fhe
- J U I I V n^renfs
. L J * ' V I I U U
or
V ! brz others.
V f Article 32 deals with the

States obl igat ion to protect chi ldren from engagement in a

work that constitute a threat to their health, education or

derre'l onmenf
\-.tsvu-L\ryrllsrlu/ - fL ov set
J\-L- minimUm
ttt-LlI_Lr.il.L,tILL acfeq
C'vE,J for
I\JI F m n - l o r z m e n f - aC -.l 'I l.l ,1t
grlLIJJ\JJrrL\-1.r.(./ 1L l -, n vc)^1rIr+-a
rg9LrIO.Lc

conditions of employment. Article 35 deals with the child's

right tc protect ion from sexuaf exploitat ion and abuse,

including prostitution and involvement in pornography. It is the

^ r ' - r ;^ - +L r i\ r^r r^
\rrrrrva of the State to make every effort to prevent the

safe, trafficking and abduction of children (Article 36) .

CON\TENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION AGATNST

woMEN, (CEDAW) , L97 9

The Ccnvention on the Elimination of A11 Forms of Discrimination

^ ^ ^ i. i ^L I D^ +L - 'V ^V ('J ^l L rt t :n. l Ie n iL s>


f19d tL h
I r \e
- onl rz h
\rrrrJ r r Lr. rrl Lm
L c .a
l r rn rr -r V
i lor h tL sJ treatv which af f irms the

rcnrodrrr-i-irre
- - " y ! v v q v u r v v riohts
r - Y r l u J of
v ! women ancl faroefs
v v v r r L v r l u r r v u q ! Y v u J culture and tradrtion
)

)
t2
)
AS rnfluential forces shaping gender role s and fami I y
t
rel-ations.
)
The convention guarantees women equal rights with men in atl
)
qnharoq nf life, including education, effiployment, health care/
t
aCult franchise, and marriage. It affirms women's right to
)
*: -r -y. rql rr' !i vr o, -r -,l . ) a n g e o r retain their nationality and the nationality
)
of their children. By accepting the Convention, the states
t
ccrnmrt themselves to undertake a series of measures to end
t
discrimination against women in all forms. These steps include:
t
. incorporating the principle of equality of men and women ln
t
their legal system and abolishing all discrimination.
)
. establishing tribunals and other public institutions to
,
ensure the effective protection of women against discrimination.
!
,
. ensuring elimination of all acts of discrimination against
)
vvvrllvu
rJ -rrtr z
\^7rlmar'r persons/
1 organLzations or enterprises.
t
Countries that have acceded to the convention are legallv bound
)
tc put its provisions into practice . They are also bound to
t
submit national reports, dt least once every four years on
t
the measures they have taken to comply with their treaty
,
obligations. The Committee on the Elimination of Discrimination
t
Against Women was established to review reports which all
)
\ signatory countries to the Convention must submit on women's
)

a status.
,

t VIENNA DECLARATION AlrD PROGRAIUFOR ACTION, (1993)

a Vrenna Declaration and Proqranime of Action affirms that wornen's


7

h,,-
1 L ! - -r .^L L r-L- irdg.^ l1
i-r-r +- s are a f undamental part of all human rights . The
]

J
A
J
13

Programrfte of Action (1993 ) emanates from the UN Declaraticn

cn the El iminat ion of Violence against Women (1993). The

Declaration asserted for the first time that women's human

rights must be protected, not only in courts, prisons, anC other

^ ra: a r:r ^ublicv!


_y lif e, but also in the home. This Programme

cf Action clearly articulates Gender-based violence and all

fcrms of sexual harassment and exploitation, including

those resulting from cultural prejudice and international

trafficking / are incompatible with the diqnity and worth of

the human person, and must be etiminated. This can be achievecl

by legal measures and through national action and internationaf

- ^ ^ 1 1 4 r : + -i n p i n
V L q U A V I I I I I such
J q v f I f ields
! ! U I \ . I J aS
( I J economrc and socia I
g \ - \ J I I , V - L L L I \ - o . T I I , { D U U I c l I c l e r r e lo n m e n f -
L - I E V C I \ J y l [ . v , , U /

education, safe maternity and health care, and social support.

It urges Governments, institutions and intergovernmental and

non-governmental organ LZations to intensify their efforts for

the protection and promotion of human rights of women and

girl-chitd.

CAIRO CONFERENCE AIVD PROGRJAMMEOF ACTION (1994)

The Cairo Conference affirmed that women's rights are integral

; , d r -L \ r r
nr r.{_ ^tr
all human rights. It streSsed that "population and

development programmes are most effective when steps have

simultaneously been taken to improve the status of w o m e n ."

Women's empowerment was the central theme of conference. It

recommended actions for governments included prohibiting bhe

trafficking of women and children, promoting discussion of the

need to protect women from violence through education, and


t4
establishing preventrve measures and rehabif itation proqramrnes

fcr vict-ims of violence -

BErJrNc CONFERENCE, PT,ATFORM FOR ACTTON (1995)

The government endorsed the Beijinq Platform for Action without

any reservatron. The Conference Platform for Action recoqnizeC

that "all governments , LTrespective of their political, economic,

and cultural systems / are responsible for the promotion and

n r a + -a r - +i- ^ n
_ Y -
" U V V U ! V r a of women' s human riqht s." This document also

qno-i ri n't lY declared that violence against women is one of the

L2 critical areas of concern and is an obstacle to the

d- ^u1 "r- -li r e v e i r L e r r to f women's human rights. Section 106 (q) states

that countries should "integrate mental health services into

prirnary health-care systems or other appropriate levels,

develop supportive prograrftmes and train primary health workers

to recognLze and care for girls and women of all ages who

have experienced any form of violence / especiatly domestic

r z ia l a n r - a sexual abuse, or other abuse resultinq f rom harmful

cultural practices The Plan of Action also proposes the

development of professionally elaborated gender sensitive codes

of conduct/ e t h : - c s/ self regulatory mechanisms for the medical

and media professionals, with the goal of promoting greater

respect for women and for their rights, monitoring action and

L d r \ r 1 r 9 r- ir^ r+ L e r n a l
f r ' 1 . - i ^ ^
disciplinary actions against violations of the

agr eed upon codes of conduct .


15

V. CONSTITUTIONAL & LEGAL SAFEGUARDS TO COMBAT VAW

The Constitution of India contains the provision of qender

equality, prohibrtion of gender basis of discrimination and

expansion and exLension of opportunity for women in all spheres

cf civic life. The issue of equality of men and women is taken

up in:

Artiele 15 : Prohibition of discrimination on grround.s of

religion race, caste, sex or place of birth

(a) The State shall not discriminate agai-nst any cit LZen on

grounds only of religion, race , cdste, sex, of birth or


Flace

any of them.

(c) Nothing in this article shall prevent the State from makinq

any special provision for women and children.

Artic1e16 : Equarity of opportunity in matters of public

employment

c l a u s e (2 ) o f this article specifically mentions that :


"No citLZen
shall ,oo grounds only of religion, race, cdste,

sex, descent, place of birth, residence or anv of them be

ineligible for , or discriminate against in respect of, any

ernployment or of f ice under the State.

F.urthermore, the fndian Constitution lays down Directive

Principles of State Policy, wherein specific provisions to

ensure the rights of women have been incorporated.

Article 38 : State to secure a social order for the promotion

of welfare of the people


t6

(1) The State shall strive to promote the welfare of the people

by securing and protecting as effectively as it may a social

order in which justice, social, economic and political, shall

rnform all the institutions of the national life.

(2)The State shalI, in particular, strive to minimise inequalities

in income, and endeavour to eliminate inequalities in status,

faci Lities and opportunities, not only amongst individuals but

c- .I r-)^t ; d i r r \ - . , r . r 9gSrto u p s of people residing in different areas or

engaged in different vocations.

Article 39 : Certain principles of policy to be followed by

the State

(a) that the citLZeDS, men and women equally, have the

right to an adequate means of livelihood,'

(d) that there is equal pay for equal work for both men

and women;

(e) that the health and strength of workers, men and

women, and the tender age of children are not abused and

that citizens are not forced by the economic necessity

to enter avocations unsuited to their age or strength;

Article 42 : Provision for just and humane conditions of work

and maternity reJ.ief

The State shall make provision for securing j ust and humane

conditions of work and for maternitv relief.

Artic].e 44 : Uniform civil code for the citizens

The State shall endeavour to secure for the citizens a uniform


l7

crvil code throughout the territory of rndia.

THE TMMORAL TRAFFICK (PREVENTION) ACT, 1956

The rmmoral Traffick (Prevention) Act , 1956 was passed to


prevent sexuar exploitation of women for commercial purposes.

The act of procuring, inducing, taking away of young girls anc


women with the intent ion to exproit for the purpose of
prostrtution is recogni zed as an offence under the immoral

Traffick Prevention Act 1956. An adult living on the earning

of prostitution may also be liable for committing an offence

Srmilarly, any person who owns or possesses any premises being

used as brothel or who manages or assists in managing a brothel

commits an offence- Even detaining a person in the premises

where prostitution is carried on is treated as an offence.

Enticing any person for sexual- abuse or explortation for

colTrmercial purposes by any overt act 1i ke gesture or exposure

of bcdy, is also an offence punishabte bv law.

THE COMMISSION OF SATT (PREVENTTON) ACT ,Lg87

The Commission of sati (Prevention) Act provides


,IgBl for

punishment of death sentence for abettors of sati, irrespective

of whether it is murder or suicide. The glorification of sati is

also made an offence punishable with seven years of imprisonment

by thi s Act .

f-: THE CHILD IIARRTAGE RESTRATNT ACT tg2g


,,

l= The Child Marriage


,

Restraint Act is an act


!: solemn Lzation of chlld
to restrain the

l>q ' marriage. section 3 of the act provides

for punishment for male adult


l '
F - _
below twency-one years. of age

l r
b--
a
18

marrying a child. Whoever, being a male above eighteen years of

. r 9 c , c- ^ r- . r] r \ - lr{- J- ^ -El r ^\. r- ' w fL tW s r r r r-z y - o n e /


-rnnf
Contracts a child marriage shall be

nunishable
I J U I I ! J l I q V M v I
r ^ r 1. i_ h s ' i m n l e
U t 1 J l r l l y r u imnrisonment
l r t t l r which ' mav extend
' . . - _ I to ft-fteen

days, or with fine which may extend to one thousand rupees/ or

with both. Section 4 provides punishment for male adult above

turvnv rv or rn 1u _l r z - .v)rnr vp \/ears of a gcel e maaf r r Vf - yi f^ ^ I I 9 l ' ^ - lr r - l /A


I rnr rJ z tmL :r T
q r- g adUIt abOVe
a m a CIlIIv.

twenty years of age marrying a child shall be punishable with

simnle i m n r .r iJ q
*...yr \ , r ll n
r l tm
" r - . i ^ } - lm
t s rer nu t w r r r ( - l r
-\/ extend
ttd)/ to three months and shall

also be liable to fine. Section 5 provides punishment for

sol-emnLzrnq a child marriage. Whoever performs I conducts or

directs any child marriage shall be punishable with simple

i.npri sonment which may extend to three months and also be

liable to fine, uilless he proves that he had reason to believe

that the marriage was not a child marriage . Puni shment for

parent or guardian concerned in a child marriage is provided rn

section 6 . Where a minor contracts a child marriage, any person

having charge of the minor, whether as parent or guardian, or in

any other capacity, lawful or unlawful, who does any act to

r^\r/-\rYrn1_o
JJIUIII\JLU
lL- hI aI C marriage or permits it to be solemnrzed, or

no.rI i rron.l- I - , , , v fails to prevent it from hei no


v v r r r Y sol emntzed.
u v r v l L L r r L L v v , shall

implisonment .w.l rl I-U-.:t^l 1 ^ to


be puni shable with s imple lttcty extend

three months and shall also be liable to f ine.

THE DOWRY PROHTBTTION ACT, t96L

The dowry prohibition Act ,196I \ ^ / a se n a c t e d with a view to check

l _h a ryr r-r,r .r ^. r,i . .ng menace of the social evil of dowry, which makes not

nn l rz ]_hc
v r r ! J u r r v actual act of giving or taking dowry an offense
19

punishable with imprisonment up to five years, but also the very

demanC of dowry at the time, before or after the marrrage an

offense nnnishable with imprisonment up to two years. By way of

interpretation of section 4 of the Dowry Prohibition Act , L96I,

tho
u11U Srrnrome Court
U Ul'/! V. has laid down that the dowry demand for a

proposed marriage which does not materialise for non-

fulfillment of the demand , is ar) offense punishable with

qnnrnanf are made cognizable


,i ,r.n.r_- r*r ,i - r r a l l v , r u r*ry? - \ tu vn I- w o years. These of fences

fcr the purpose of investigation by the police.

THE PRENATAI DIAGNOSTIC TECHNIQUES (REGUI,ATION AI{D

PRE\ZENTTON)ACT

The Prenatal Diagnostic Techniques (Regulations and Prevention of

Misuse) Act was passed in the year 7994 for the purpose of

n r F \ r p n l -i n o m i s u s e
_ y r - v v r r u
of prenatal diagnostic techniques by clinics

and medical practitioners. The act of disclosing the sex of the

f o e t Lr Lrf ,sJ
r\--l\.- hrz
jJJ rL TrJsI I liVn c r cli-Ah
\lrO.9LI\JD
^ fL i- L^L . +L - Ee\ \r- l-' t h nicttte-
IIIYLrs/ is made an offenSe

punishable with imprisonment for three years and fine up to

R . s .1 0 , 0 0 0 . Every of f ense under this act is cognizable and non-

bailable.

However, owing to the conspiracy of silence and non reporting of

incidence, especially by the medical fraternity/ even when

definite information of the commission of the offence is

available, it is very difficult for the police authorrty to

recli.ster any case under this act. It can be arqued that the

state has in fact taken steps to stop this practice through

the enactment of the PNDT Act, the ineffectiveness of the Act


20

in real terms translates into state liability and not apathy

since we are not speaking of individual crime but of mass

extermination , for which the mechanisms and the urgency of

-^,-r-^-- - I
IU(.-TLUDDO-L CannOt be a mild legiSlatiOn. UnleSS the people are

sensitized to brinq back a balance in the sex ratio and come

forward with information on nesatinq efforts the law in

it.self would not produce the desired results.

GUIDELINES OF SUPREME COURT ON SEXI'AL HARASSMENT

In Visaka v State of Raj asthan the Supreme Court has defined

the term sexual harassment and has given guidelines to be

followed at the workplace. The Supreme Court has said, sexual

harassment is any unwel-come sexualty determined behaviour, such

as physical contact I a demand or request for sexual favours,

sexually coloured remarks, showing pornography, or any other

n h r z s ir : a l verbal or non verbal conduct of a sexual nature.

Prevenf i no and avoiding sexual harassment of women at

workplace requires for the employer to act before a problem

occurs. It is the duty of the employer or other responsibl-e

n o r q . . ' nq
y v ! u i n the work places or other institutions, to prevent

or d eter the commission of acts of sexual harassment and to

provide procedures for the resolution, settlement or

nersecut i on of acts of sexual harassment For this purpose

rf oUlr l o_ \L^U/Wi rnr .er ., g


^f^^a
D LgIJD
^r l ^s v^L,. -r r to be taken :

Express prohibition of sexual harassment as defined, at the work

n l : r - e q h o r rl d be notif red, published and circulated in appropriate

ways.
2l

The rules / regulations of government and public sector bodies

rol:j_ i ner to conduct and discipline should include

r u L es / r e g u l a t i o n s prohibiting sexual harassment and provide for

- h ^ r A ^ r ' i I O r rL^C
o.IJy-LUlJI
^ h - 1 r Li I^g gD in
Jrr SuCh
DL,r\-ll r rr rr !lueJ s
r aoainSt
qvur the offender.
IJErtO-I

As
l r J reoa rcis
! V Y q ! V U nri rraf e
_ y - - v q U V
e m n ' l o r z m e n 1 _ , ' su u,vfl e
v r l r y ! v J r L L v f r u / un s should
u r r \ be taken to incl-ude

the aforesaid prohibitions in the standing orders unCer the

Industrial Employment (Standitrg Orders ) Act 1946.

A n n r \^, ynr - i r o .r rug


nIJ|Jr work conditions should be provided in respect of

work, Iesiure, health and hygiene to further ensure that there

is no hostile environment towards women at work places and nc

women employee should have rbasonable qrounds to believe that

she is at a disadvantage in connection with her employment.

The above quidelines also include that the victims of sexual

r -r. r - - - m n n r
rrd.LctJJ.il.tutiL ShOUld have the OptiOn tO Seek their Own tranSf er

or that of the perpetrator. The employers need to set up a

redress mechanism and complaint committees as per Vishaka

r r r ri r - l oI i n e s . T h e c o m m i t t e e
\-.J s r \sv should be headed by a woman and not

less than half of its members should be women. Anv competent

NGO shoulC al so be included in such colTunrttee .

D O M E S T T CV T O L E N C E A C T , 2 0 0 5

The main "o-h i ) e r : f i r r e of Iaw on domestic violence is to

enable women to negotiate non-abusive and non-violent

matrimonial or other domestic relationships and to provrde a

civi I remedy to women who are victims of violence of any kind

occurring within the fami I y, which is not available in the

criminal law (Section 498 A of the Indian Penal Code,1B60


22

concerning the husband or the relative of the husband

subl ecting a woman to cruelty) .

Thre Domestic Violence Act covers women who have been Ii vrng

with the abuser in a shared household whether related bv

blood or by marriage, or by adoption and also those women

lirrincr
! r v r r r Y in
r l l a
u relatjonshin
! v ! q u ! v r r u r a l l
- y
not
r r v u in the
g r r v nature
r r s 9 q ! v of marai:cre

While the Act enables a female to file a complaint against

her husband/male partner or his relatives, it does not permit

dlly
€ ^*-r,e
IctttclIc rl cel dlLal v tc i v e tL o\ J file
IIIE a
c. Comnla.n
i f
\-\JlrLyro.rllL
^^-j^^f
d9dIII>L the

wife/female partner. The Act also provides for passing of

] 1 r . \ ta
_vJJ
_ r - r _i n n order by the Magistrate to prevent further

mA*-i^^-r nhrzsir-a-l or financial harassment to the abused. It

confers on the aggrieved person f he r i oht to reside in a

shared household or in the same level of alternate

accommodation as enj oyed by her in the shareC household, to be

y 1r ^ r r i r] or^l hrz 1u -l hl va Tr rhr ev " ^er.^lrierrer-l nerSon 'is aLso


v J !r vAuqI r/ .v .rr r v. v) rnr rul anf Y Y ! r v v v v
, y ! v v r v u u

ent itled under the Act to monetary rel ief and compensation

and custodv of children.

There is an important provision for appointment of Protectron

Officers under the Act to give al I as si stance to the aggrieved

person. The Act al so recogn LZesand involves non-governmental

organi zaLions as service providers for rendering assistance to

+L - L1l . U' - ^c-t tr ' -L -"t-J C^\ .rl with respect to medical examination, legal aid,

^-€^
J d I C
^}-^r*er
J I , I C I L I etc.Under the Act, dhV actroffiission or commissron

-or
conduct of the respondent shall constitute domestic violence

l-.^-l 1 _1 - - -ef
in case it harms or rnj ures or endangers the l . lu c t - L L l l , ) O L = ar .f | _ r z I
23

life. limb or well-hoinrr v v ! a r Y


r^,hother mental
v v r r v u l l v ! r L L v r r u q ! or
v ! nhrzsir:al
l / L t J
J f v q r / of
v ! fhe
u

*. ayr -yr . r!r i r va r rva vr l v person or tends to do so and includes causing

physical abuse, sexual abuse, verbal and emctional abuse and

economic abuse; or harasses/ harms, injures or endangers the

agqrieved person with a view to coerce her or any oLher

person related to her to meet any unlawful demand for any

Cowry or other property or valuable security; or has the effect

of threatening the aggrieved person or any person related to

j _n orzar]
h
rro
u rr vhJr z c^ rn
r l \y / \r --\ _
. )/ rnr \dl Lr. rr \r/ -\ -f rv ^v rrl h
s uor rfghr o r nhrzqir-:l
yrrJJr\Jcrr \n_ r/ r rm
t LaE n j -c ) _ L :l
lIe l L\_/ lL_1 h- t o
c; cAf \. j r9 .I IrCr Vi C \ . - {

person.

Before this Act came into force , the law necessitated the

product ion of physical evidence for the crime to be tried.

Complainants were told to redress their grievances within

the four walls of their homes. Now physical violence ls not

the only crime for which the perpetrators of domestic violence

can be tried. The definition of violence has been broadened to

include emotional violence and mental torture as well. In fact

even making a dowry demand has been brought into the framework

of domestic violence.

Ncw the scope of domestic viol-ence has been widened to include

mofhers. I f u ! U l Sisters
J ! U u v I U and
q f I V children
V I I I I V ! v l a aS
s U well.
v Y v I ! . It
I u seeks
J v v l \ J f o
U v nro\/ide
y r v v

protection against sexual abuse and also, Rdrriages that

ace thrust upon unwifling girls. This law even acknowledges

the violence women have to undergo by their live-in

n: rfnorq I thus in a way legally recogni zLnq live-in

relationships.
24

VI. CIVIC SOCIETY RESPONSE TO END VAW

The history of modern India is replete with examples of

individuals and groups taking a stand individual ly or

collectively to protest against the widespread violence against

women which receives social sanction and leqal connivance.

. In I919, the Anti-Dowry movement was started in New Delhi,

which continued to rock the country till in 1982, the Anti-Dowry

( A m e n d m e n t) A c t was passed.

. In 1980, the Mathura rape case proved to be a curtain raiser

on sexual violence against women and people all over the

country especially intelligentia in the field of law took up

the agenda stronqly and in 1983, sp€cific amendments were

introduced in the Anti-rape Act to make it more pro-women.

. In I9B1 / women groups staged strong protests against the Roop

Kunwar Sati deitification in Rai asthan.

. In I9B1 / women groups started a movement against foetal

- A a 7 - ' ' rL^C^fr |-. 1- . i n a t i o n


5C-\-L-tC tests . W o m e n 's g r o u p s throughout the country

pr ctested against the rape of Bhanwari Bai I a Sathin of

Rajasthan in I99I; especiafly so because the upper caste

perpetrators were let Scot free by the court in 1993.

. In 1999, women's groups strongly protested against the

-^"" -.r n\7^loitation


JUz\L,tO.-L Ur\|J of the daughter by the f ather that had come

]L .vn I . ia h f
r r v r l u
.j
r n Karvi, Uttar Pradesh, raising the whole issue of

the sexual abuse of girl-children especi'atly within the f amily.

. Women's groups have also been using legal means including PIL
)<

to register protest against the use of invasive and hazardous

contraceptrves for women that are being promoted in our country

VII. CONCLUSION AND RECOMMENDATIOI{S

Over the last few decades, violence against women has become one

of the most visible and articulated social issues. Today many

section of the society are concerned about the issue and legal

reforms are being made against women oppression. But the rate

nf rlr.-'rraas made in
. y r - Y ! v u this area is hardly noticeable when one

compares to the increase in incidence of violence against women.

Such slowness is due to a lot of reasons prominent among them

being negative social LZation of our w o m e n ,h i s t o r i c a l system of

patrfarchy/ economic dependence of w o m e n ,a n d c o m m o n a c c e p t a n c e

for violence in the realms of family and in the society atlarge.

Even the women themselves also are not able to reali ze this

situation. Most of the times they accept violence against them

as usual. The obvious question is what is the need of hour to

face up the monster of violence? A few qrrararAqf


" * Y Y - " u ! v r r ui nn q - a! rua
q

National Policy : There should be a national policy for

n r^1-on1_ -inn
y - " u v v u ! v r r Of
v ! W
v v vOl Lm el nI
L U :af,a
q Y q inst all forms of violence. Such a policy

should be framed on the basis of general consensus among atl

m:inr n n l i .Ll I-ien : d- lI r r. :i rr { -L' f e S


p and women welfare groups and it should
,-,,,

recoqn:_ze in unequivocal terms that human riqhts of women and of

the girl-child are an inalienable, integral and indivisible part

of the universal human riqhts.

Fu1fill international obligations : The government has ratified


26

many rnternatronal legal instruments for the protection of

human rights which provide for the protection of the human

rights of women and girl-children. As the Government has already

ratified these instruments it should re-examine if there are

any limiting reservations. It should submit its action taken

reports to treaty monitoring agency including detaifed

rnformation on the situation of women and girl-children.

It should also take in due account non-treatv insrrumenrs and

ratify or abstain as the case may be.

Eradicate discrimination : Governments should recoqnLZe that

discrimination against women, and girl-children is a key

contributory factor to human rights abuse. It should ensure that

women are treated equally in law; a woman's evidence should have

the same weight as a man' s in all j udicial- proceedings and

women should not receive harsher penalties than a man would

for the same offence. Where there is alleged iscrimination

rn the administration of j ustice independent commission should

be appointed to investigate and make recommendations to recti fy

the situation. Manv time state also become unsolicited oartner

i n n a r , ^ . ' art r- 3 t i o n
_ y w y v u q of acts of torture, including rape and

custodial violence due to discriminatory attitude prevalent

among its executive. Governments should initiate strict

act icn against such incidence .

Anti-Violence Movement: Violence against women is a social evil

and social action is probably the most effective shield against

it. SociaI mobifization must therefore be attained to curb


27

vrolence. For this, publicity should be given through all types

nF -^^'i- qr.lar-i.aI ca?x1 hI ti rbl ' Ji tr i OLnr (S


\-./-r- ttLEL-trcl / .)ys\-ro.r J I,- t 5 r p
P Ir eeS5 5
S rI eelI e
e da. S
See / / dl e Im
L OnStratiOnS

and other media events. Besides district level anti-violence

committees should be formed in every state and in every police

station with adequate representation of women After the

incidence of communal disturbances / and during peace marclies,

conducted to restore faith in the affected population, the

march team must include adequate number of women leaders along

with elected peoples representatives to dissipate tension.

Legal Reforms: The patriarchal legal system needs to be salvaqed

from the traditional foundations of discriminatorv norms. A new

srzstem should
U ] I V I be built on the solid foundation of equality,

r avrv- ri u 1 1r ^ vn-i - 1- /- ' and interdependence


! ! of men and women. The law

commission on priority basis may handle the review of our legal

-i aq
system to identify gender discriminaLion and qrrrrnroq1_
- * Y Y v u u
romorl
! u r L L U V ! U J .

Support Services: The number of shelters for violence affected

w o r n e na n d f a c i l i t i e s for legalaid, counseling and rehabilitaticn

: ! r ov
u ri r n
r u: rv' lv Y ou aq r l r r r - a u v The need for establishing short stay shefters

for victims of vj-olence is urgent . Besides, it is essential

1r -_n
\ _ . r \r -j ros r rv asl r v Pn n o: r. Ll al gngrLr r: a1 _ L ca facifities within the overburdened health

care system to identify, r€port and treat cases of violence

:]_ nrin.i y r r v ! ! u
1.y level. Violence affected women should be qiven

short term s kill development training and absorbed in

the income generat.ing proj ects in the voluntary sector.

Political Commitment: Women' s organ :_zaLions should lobby wit-h

political parties to include women issues in their respective


i=
i:l-- 28
l l D
!-.. manifestos' and give adequate representation to women ln their
l'-
i\\ electcral candidates tist They should also re-orrent the
l f
!-, attitudes and outlook of elected women politicians towards
i - <l
violence against women and for positive
D
affirmation. Lono
pendinq Reservation for women Bill
.t should be at the top of

\ the matters for the women leaders to discuss with the


t

political parties
\
Extension of Literacy Programmes: To make the
\ women aware of
their rights and responsibilities, they
v
should be given proper

\r education. Those denied formal education should be


y made to
\_\ partrcipate in literacy programmes
U in order to be able to
frght superstition and oppression. Above all,
Y pdrtrcipation of
women in legal literacy prograrrmes, to
D raise the position of
women in the society, is a must for combating
5 violence
\a social Awareness: Social awareness
v to treat women as egual
\\ partners tn
(U life can help a lot to eliminate rape incidents. rt
*p 1s possible to build awareness among the people throuqh socral
*3 education ' Media and various mass media instruments (TV, radio,

newspaper, seminar r Ydl1y, discussion,


\ drama etc. ) can help in
*s displaying multifarious aspe.a: of rape for creating awareness
\\
ty in the masses. on the other hand , civil society associations and
\ sccral workers
U can play vital role to shape the public opinion
\ agafnst women violence.
U
*i
-, Tradition shourd be changed: There must be a breaking away from
\<\

U old mafe dominated traditional society particularly in the


- r
! rural cornmunity through spread of education, and by harnessrnq

7
29

mass media resources, Lo highlight the rights of women and

the punishment inflicted upon the women oppressors.

Lastly, ds in any other country world over, it is difficult for

a government to change anything by its efforts alone. It is

ne.pss^ r\/ to add


s v v Social initiatives with the government

activities to bring about any significant change in the

society. Only consistent efforts of the government and publrc

can reCuce violence asainst women. In this crusade media with

its widest reach and large influencing power can play a major

role. Such a three dimensional approach can purge the gender

discriminating attitude largely prevalent among the masses and

fcster a healthy relationships between men and women in Lhe

society Apart from this, the government and non-government

- ^ . i - - + . j o n1 Is' >
\-rr9O.tI-LLA.LI\, w
W \o
- / Lrr k
! I rir n
Y o for
r\-,/l- c J e r r e l n n m e n j _car lnl \ ,c{ l n
\-r\-VEI\JVItLgIIL rofer:tion of the
IJI\-./Lg\,

wcmen may by preference take any innovative lead to eradicate

gender violence.

* * * * * * * * * * * ) k * * * *
30

REFERENCES
Bhan,Ashok, "Violence
Against women and Criminal Justrce
Systefr," Kashmir Uni\/prqirtr T , ^ wR e v i e w , vol.1O, no.10 (2003)

Q iL !nLrYr hL M . D. and Gurpreet Pannu, "sexual


v L
I VictimizaLion of Wonen ln
India, rndian socio-LegaJ Journal , vol . 30, no.2 (2004)

Pickup,F, Ending VioLence Aqainst Women, Oxford University


Press, (2001)

!;
l "
Thornhill,R.

Bioloqical Bases of
and palmer T., A l/aturaL
Sexual- Coercion,
Iristory

MIT Press, London ,


of Rape :
(2000)
i.--
!; Jaywardena, K.

Communafisinq
and de Alwis,

women's sexuaLity
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in
(eds).

south
Embodied violence:

Asia, Kali for women,


II t New Delhi, (1996)
b
\ Jejeebhoy, S. J. and cook, R. J. "state
D Accountability for wife
Ro:f inrr .
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TI hI I aU rndian challenge, " The Lancet, voL.34g, March (rggl )

\
l!/
Dasgupta, Monica; chenrL.c. and Krishnan, womenrs lleaJth in
- India, Oxford University press, ( 1 9 9 8)

\
Gopalan and Shiva (eds ) . l/a tional- prof ile on Women, Heayth
-a and
v
D e v e l o p m e n t , V H A I a n d W H O, (2 000 )
v
h\
Bhatti, R. S."Socio-cultural dynamics of wife batterLnq," in
t
\\ Scod, €d . , Viof ence Aoai nef D t T n m s pAl ,r i h a n t . publishers, Jaipur,
D
(1990)
\q
\-/
*.\
T> Campbell, J. C . , "women's responses to sexual abuse in intimate
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>
f-\

,U

a
31

Crimes in India, National Crimes Records Bureau, Government of

India, (2005)

Greig,A.,M.Kimme and J.Lang, Men, Mascufinities and Development:

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Mahajatt, A.

VloLence aqainst Women, Arihant Pubtishers , Jdipur (1990 )

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\r Human Security and Gender Violence ,


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Economic and.Pol-itical- Weekly, vol.4O, ro .44, (2005)

Bare Acts

The Immoraf Traffick (Prevention) Act, 795 5, Universal Law

Publishinq Co. Pvt. Ltd. , New Delhi, (2006)

The Comm-zssion Of S a t i (Prevention) Act, 7987, Atlahabad Law

Agency, Allahabad, (2004)

The Child Mar.riaqe Restraint Act, 7929, Universal Law Publishrng

Co.Pvt . Ltd. , N e w D et h i , (2002)

The Dowry Prohibition Act, 7967, Central Law Agency, Allahabad,

(2006)

The prenatal, Diaqnostic Techniques (ReguLation And Prevention)

Act, 7gg4, universal Law Publishing co. Pvt. Ltd., New Delhi,

(2006)
32

The Domestic VioLence Act, 2005, Edstern Book Company, Lucknow,


(2006\

Constitution of India, Eastern Book Company, Lucknow, (2006)

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Seiferf-R.
v v r r v ! u / t \ . War and Rape: Analyticaf Approaches, Women's

International League for Peace and Freedom, 7993,

ht-tp: //www.wilpf . int. chlpublications/1992ruthseif ert. htm

(accessed:25 June 2001)

U N I C E F ,S e x u a l violence as a weapon of war, The state of the

WorLd's Chifdren 7995,

h t t p : / / w w w .u n i c e f . orglsowc96pk/sexviot . htm (a c c e s s e d 2 5 J u n e 2 0 0 1 )

U NI F E M, G e n d e r Issues :Violence Against Women,

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r + l t # + +'tT+ + #
1f ]t 1T lt lt 1T 1T

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