Crime happens all over the world on account of a myriad reasons. A singular factor responsible in the genesis of crime cannot be ascribed to its commission. Likewise, crimes against women are a consequence of a number of factors including gender stereotyping that begins in our homes while we are small ; the mindset that a woman’s place is at the backseat in all spheres of human endeavour; unleashment of sexual frustration in an otherwise sex-starved nation; sex being a taboo in society; lack of access to education ; to betterment of one’s station – the list is not exhaustive. Crimes directed against women are so rife in India today that it is now a part of our lives. The Nirbhaya incident which occurred in the year 2012 is a defining moment for women across this nation. Long after it occurred and the four perpetrators of that crime were hanged on 20/03/2020 ( the fifth getting away scot free on account of his juvenility at the time of commission of the crime), crimes against women are on the rise. In the meanwhile the law in respect of Sexual Harrassment(SH) of women has undergone some significant changes.
The statistics are grim in respect of crime against women in our country where women constitute half of the total population. In Assam, it is worse. This is borne out by the figures appearing in Chapter 3A of The Annual Crime Report,2019 of the National Crime Records Bureau(NCRB) , Ministry of Home Affiairs(MHA) of the Government of India, the total number of registered crimes against women in Assam rose from 23082 in 2017 to 30025 in 2019 (percentage rise during the period being 30.07) whilst the all-India figure rose from 359849 to 405861 during the same period(percentage rise during the same period being 12.78).
Ready for a challenge? Click here to take our quiz and show off your knowledge!
In order to counter the rise in crimes against women, laws are changing. Section 4(a) of the Criminal Law Amendment Act, 2018 (Act 22 of 2018) raises the quantum of punishment for rape under section 376 of the Indian Penal Code(IPC), 1860 of the IPC from imprisonment of at least 7 years to life in prison to a period of imprisonment of at least 10 years to life in prison with retrospective effect from 21/04/2018. If the crime falls within the description laid down in section 376(2) of the IPC, “life” is accorded the “remainder” of the natural life of the perpetrator. One area in the IPC that merits consideration is that of a summary trial for persons who are alleged of offences of sexual violence on women in the light of rising crimes against women.
Also read : Assam: Mentoring platform for women-led Start-Ups launched
Sections 354A(SH and punishment for SH);354B(Assault or use of criminal force to woman with intent to disrobe); 354C(Voyeurism); 354D(Stalking) find place in the IPC as punishable offences on account of section 7 of the Criminal Law Amendment Act, 2013,( Act , 13 of 2013).
Ready for a challenge? Click here to take our quiz and show off your knowledge!
Under the provisions of the Sexual Harrassment(SH) of Women At Workplace(Prevention, Prohibition and Redressal Act),2013, SH is defined as ‘Any unwelcome act or behaviour (directly or by implication) including physical contact and advance; or a demand or request for sexual favours; or making sexually coloured remarks; or showing pornography ; or any other unwelcome physical, verbal or non-verbal conduct of sexual in the workplace. “Workplace” has been accorded a wide connotation and includes “Any place of work, government or privately owned including the extended workplace like residential quarters, the transportation provided by the organisation for its work including any place where sporting activities are carried out”. The remedies available to victims of SH under this SH Act, 2013 are civil in nature and it is entirely upto an employer as defined in the said Act,2013 to implement the recommendations or reduce the quantum of punishment proposed by the Internal Complaints Committee(ICC) or Local Complaints Committee (LCC) under the Act. There is some saving grace in the Act in that it renders the employer liable to be punished with a maximum fine of Rs. ,50,000/-(in the first instance) in the event the employer fails to take action on the inquiry report of the ICC or the LCC as the case may be. ‘Action’ on the ICC report is open to interpretation. For, it is open to the employer to record that the findings of the inquiry report of the ICC or the LCC are not sufficient to award punishment to the accused persons in the Complaint filed by the victim with the ICC/LCC. This is one area which requires consideration of the Parliament in order that the ‘employer’ , as defined under the SH Act, 2013 is provided with no room for interpretation of the ICC’s punishment awarded to the perpetrators of SH as alleged in the complaint lodged before the ICC in order to maintain the independence of the ICC.
Also read : Assam: Workshop on women empowerment through poultry farming held in Guwahati
In most cases of violence against women, it is seen that the victims are unwilling to come forward to register a case against the perpetrators of such violence. Such cases help embolden the sense of entitlement of the perpetrators who then move heaven and earth to frame the victim as the aggressor in the crime. The families of such victims are wary of the shame that accompanies such a criminal act when it is unleashed on a family member. Unfortunately, unless the victims of SH approach the police under the relevant provisions of the IPC, the institutions in which SH occurs , are unwilling to take any action on the perpetrators of the crime of SH under the provisions of the SH Act,2013 without realising the fact that the remedy thereunder that can be sought for , is civil in nature and that the provisions contained therein are “in addition to and not in derogation of ” any law in force in India for the time being in respect of SH.
The laws are in place just as the Courts and the law implementing agency are . However, the point of origin of crimes against women lie in our homes where women, almost invariably are relegated to the seats behind in every aspect of human life. We women must begin by treating our children equally; teach them that we are humans first as equals with gender occupying a backseat. For achieving this , women must be empowered financially. The time has come when a woman is not raised for the purpose of ‘finding a match’ but to stand up and work for herself first for the fulfilment of her aspirations after gaining access to a reasonable formal education – which can go a long way in alleviating the scourge of crime against women. There must be sensitisation in every sphere of human endeavour – that women and crimes against them are crimes against humanity in order that no man is brought up with a sense of entitlement over a woman – a concept relatable to the centuries old English common law legal doctrine of coverture , whereby a woman’s legal rights were subsumed by those of her husband – which has undergone modifications since the late 19th century in England.
Also read : FIFA lifts AIFF suspension, U-17 women’s world cup to take place in India