VIOLENCE AGAINST WOMEN

Violence against women is defined as any act of “gender-based violence that results in or is
likely to result in physical, sexual or psychological harm or suffering to women, including threats
of acts such as coercion or arbitrary deprivation of liberty, whether occurring in public or in
private life.” Its dimensions include physical, sexual, psychological/emotional and economic
violence occurring in the family and general community or such violence perpetrated or
condoned by the State. Violence against women includes domestic violence, child marriage,
forced pregnancy, “honour” crimes, female genital mutilation, femicide, sexual and other
violence perpetrated by someone other than an intimate partner (also referred to as non-partner
violence), sexual harassment (in the workplace, other institutions and in public spaces),
trafficking in women and violence in conflict situations.

In all societies, to varying degrees, women and girls are subjected to physical, sexual and
psychological abuse that cuts across lines of income, class and culture.2 Such violence is
recognized as a violation of human rights and a form of discrimination against women, reflecting
the pervasive imbalance of power between women and men.

Violence is defined by the World Health Organization in the WRVH as “the intentional use of
physical force or power, threatened or actual, against oneself, another person, or against a
group or community that either results in or has a high likelihood of resulting in injury, death,
psychological harm, mal-development or deprivation”.

This definition emphasises that a person or group must intend to use force or power against
another person or group in order for an act to be classified as violent. Violence is thus
distinguished from injury or harm that results from unintended actions and incidents. This
definition also draws attention not only to the use of physical force but also to the use of
threatened or actual power. Such power or force may be used against oneself, against an
individual or against a group or community, as in gang violence or repression of ethnic groups.
Violence is here defined not only as resulting in physical injury but as being present where
psychological harm, maldevelopment or deprivation occurs; acts of omission or neglect, and not
only of commission, can therefore be categorised as violent.
The WRVH divides violence into three categories according to who has committed the violence:
self‐directed, interpersonal or collective; and into four further categories according to the
nature of violence: physical, sexual, psychological or involving deprivation or neglect.

Many forms of violence may occur simultaneously, so they are not mutually exclusive. For
example, intimate partner violence may involve psychological, physical and sexual abuse, and
collective violence often includes the use of rape as a weapon of war.

Reasons For Violence

1. Women illiteracy and adaptability to crime

2. Women silence / Non-reporting of crime
3. Lack of responsibility in Society
4. Women role is undervalued or unrecognized
5. Less conviction rate
6. Patriarchy
7. Psychology of people

VIOLATION OF FUNDAMENTAL RIGHTS OF WOMEN

 The right to life;

 The right to equality;
 The right to liberty and security of person;
 The right to equal protection under the law;
 The right to be free from all forms of discrimination;
 The right to the highest attainable standard of physical and mental health;
 The right to just and favourable conditions of work;
 The right not to be subjected to torture, or other cruel, inhuman or degrading treatment or
punishment.

Article 14 – right to equality

Article 15 (1)- no discrimination on the basis of religion, race, caste, sex, place of birth or any of
them
Article 15 (3) – special law regarding women

Article 21- live with dignity

Article 23 of the Constitution prohibits traffic in human beings, meaning thereby selling and
buying men and women like goods and includes immoral traffic in women and children for
immoral or other purposes.

International conventions regarding women

1. Universal Declaration of Human Rights (1948)

2. Convention on the Political Rights of Women (1952)
3. International Covenant on Civil and Political Rights (1966)
4. International Covenant on Economic, Social and Cultural Rights (1966)
5. Declaration on the Elimination of All Forms of Discrimination against Women (1967)
6. Declaration on the Protection of Women and Children in Emergency and Armed Conflict
(1974)
7. Convention on the Elimination of All Forms of Discrimination against Women (1979)
8. Declaration on the Elimination of Violence against Women (1993)
9. Inter-American Convention for the Prevention, Punishment and Elimination of Violence
against Women (Belém do Pará Convention) (1995)
10. Universal Declaration on Democracy (1997)
11. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women (1999)

1. FEMALE FOETICIDE
Female foeticide is aborting the female foetus in the mother womb where the female infanticide
is killing a baby girl after she is being born. The practice of killing the female child after her
birth has been prevailing in our society since ages. But foeticide is the legacy and contribution of
the progress made by the medical science.
The ideology of son’s preference makes the girl child unwanted even before her birth has gained
an institutionalized form of violence against the female bodies.
Ultrasound scanning, being a non-invasive technique, quickly gained popularity and is now
available in some of the most remote rural areas. This technique is a good invention but the
abuses and violence it is attributing on the female class is stupendous, this technique is being
used for sex determination with the intention of abortion if the foetus turns out to be a female.
With the advent of privatization and commercialization, the use of pre-natal diagnostic
technologies is growing into a thriving business in India. This is primarily for the purpose of sex
determination selective abortion of the female foetus. The misuse of technology simply
reinforces the secondary status given to the girl children in such a manner that they are ruled out
even before they are born.
As compared to infanticide, foeticide is probably a more acceptable means of disposing off the
unwanted girl children. Infanticide can be overtly barbaric and inhuman practice while foeticide
that is carried out by skilled professionals is a medical practice that uses scientific techniques and
skills and reduces the guilt factor associated with the entire exercise. The census 2001 and the
recent news reports data indicate a grim demographic picture of declining female to male ratios.
Surprisingly, the most affected states are progressive states like Punjab, Haryana, Delhi and
Gujrat. According to UN norms, male-female ratio in the world is usually 1050 females for 1000
males. But in India, this ratio is dropping down to nearly 945 per 1000. In Human Development
Survey report also, India is placed at 131 th position among 173 countries. It is a fact that our
country is much behind compared to other countries in respect of education, health and gender
discrimination.
The main cause of deciding sex ration in Indian society is female foeticide and female
infanticide. Foeticide is a violation of an unborn child. It also has implication on the health of the
mother. At the wider level, it affects status of women and has serious ecological and
demographical ramification. It is a grave problem that affect the life and health of society. And
yet the problem of female foeticide and female infanticide has received little attention.
Women has constitute half a human population have been discriminated, harassed and exploited
irrespective of the country to which they belong, unmindful of the religion which they profess
and obvious of the timeframe in which they live. Everywhere women are confronted with many
challenges. Female foeticide is perhaps one of the worst forms of violence against women where
women is denied her most basic and fundamental rights e.g that right to life. The phenomenon of
female foeticide in India is not new, where female embryos or foetuses are selectively eliminated
after pre-natal sex determination, thus eliminating girl child even before they are born. As a
result of sex selective abortion, between 35 and 40 million girls and women are missing
from the Indian population.
In some parts of the country, the sex ration of the girl child to boys has dropped to less than 918
per 1000 in 2011. The UN has expressed serious concern about the situation. The long standing
tradition of Sons preference, coupled with medical technological now gives to the status
conscious Indian families, the choice between payment of large dowry for their daughter and
elimination of daughters.
Voluntary Health Association of Punjab v. Union of India
“It is unfortunate that in an age where people are described as civilised, crime against “female” is
committed even when the child is in the womb as the “female” foetus is often destroyed to
prevent the birth of a female child. If that child comes into existence, she starts her life as a
daughter, then becomes a wife and in due course, a mother. She rocks the cradle to rear up her
infant, bestows all her love on the child and as the child grows in age, she gives to the child all
that she has in her own personality. She shapes the destiny and character of the child. To be cruel
to such a creature is unthinkable.”
REASONS FOR ITS OCCURENCE

One of the simplest and most obvious causes is a preference for the male child. It’s simple –
couples prefer a male child over a female one. Reasons? Plenty. The root lies in our very own
traditions, customs, beliefs and above all, our thinking. It is a general perception that the birth of
a male child is beneficial and advantageous to the family. A male in the family is traditionally
considered to be a source – source of money, source of respect, source of name and fame. A man
is expected to work and earn for his family – in the process repaying all that was cost to bring
him up. A woman is considered a financial obligation, as money spent on bringing her up,
educating her, marrying her will not be repaid – as she will go to her husband’s house after
marriage, and the benefits of all that ‘investment’ shall go to his family.

As Justice YK Sabharwal, Chief Justice of India, rightly says (in his speech about Eradication of
Female Foeticide, delivered in Patiala on December 17, 2006), that “Investing in a daughter they
say is like ‘watering your neighbour’s lawn.’” A boy shall grow up to be the head of the family,
and he shall offer a sense of security to his aging parents – take care of them, serve them and
take over the responsibility of running the family. He shall also continue the name of the family
(whereas, the girl shall take up her husband’s last name). A male is considered to be a producer,
whereas a female is considered to be a consumer. All this is mainly due to the patriarchal form of
the Indian society. One simple assumption that can be made is that this preference is based on the
form of society and families, a couple of decades back. Back then, a male was expected to work
and earn, whereas a female was supposed to sit at home, cook, and manage the house and
children. This made a male child desirable, as he was, then, the only source of income and
respect. This system was abolished – today, females work nearly as much as men – but the
thinking remained unchanged.

Another major cause – and arguably the most prominent one – is the age-old dowry system.
Dowry is the money, goods and/or property a woman brings into a marriage. It is basically a
payment done by the bride’s family to the groom’s family during marriage. Reasons for dowry
include provision of “base funds” for the husband to start a new family, establish his household
and to feed and protect the family. Another reason is to support the woman and her children, if
the husband were to die – especially since women have a better average life-expectancy than
men. However, in most cases, dowry is seen to be payment to the groom’s family, for accepting
the woman, and for taking responsibility for her there on.

Dowry is very common in South-Asian countries like India. In India, expected dowries are huge
– hundreds of thousands in cash, car(s), some property. It is well beyond the capacity of many
families to afford this, especially in rural areas (where the expectancy remains the same). Dowry
is illegal in India, but this has not stopped families all over the nation from giving (trying) and
accepting it. Also, in most cases, the bride’s family is expected to arrange and sponsor the
wedding – and Indian wedding are rightly nicknamed: Big-Fat-Indian-Wedding, pointing to the
immense amount of effort, money, and glamour put in. Therefore, the birth of a female child
indicates huge amounts of expenditure later in her life, when she shall be married – which
incidentally, is considered the most important time of a woman’s life. Couples do not wish to
have such financial burdens on them – loans and debts, for example: which most dowries force –
which is why they do not want a girl, to spare them from such huge monetary requirements. This
is prevalent to such an extent, that many small clinics that perform illegal sex-determination tests
and help couples abort female foetuses, advertise using the slogan, “500 now, or 5,00,000 later”
– the former indicating the price of an abortion, and the latter that of the dowry.

Another reason for the unwanted status of the female child is the burden on her parents regarding
her safety. Incidences of girls subjected to rape, molesting, sexual abuse, domestic violence,
trafficking, etc. are growing every day, and parents don’t want to risk their girl child’s safety
(with a male child, such things aren’t a worry).

There are a couple of other minor reasons, such as the higher rate of migration (studying and/or
living abroad) in men than women (a child studying abroad is a matter of pride for parents,
traditionally), and the responsibility of parents to ensure the ‘untouched and clean’ status of a girl
before marriage and that to instil in her the right attitudes, and to teach her to be a good wife and
to please her in-laws, failing which, the parents are blamed. However, these are the major and
most prevalent reasons for female foeticide in the Indian society, today.

A commonly suggested reason is illiteracy. It is assumed that people are illiterate and not
educated, and hence they commit this heinous act. However, logical as it may sound, this cannot
be safely established. Numbers tell us that, this practice of female foeticide is equally prevalent,
if not more, in urban parts of India (which host the so called ‘rich’ and ‘upper’ class people) as in
rural areas. Clinics are flocked in huge numbers in urban areas, to facilitate the ‘facility’ of
illegal sex determination. How can one then point the finger at illiteracy?

It is also argued, that some of this has bases in religion too. For example, according to Hindu
scriptures, it is a male who’ll light the funeral pyre of his dead parent(s). However, this does not
explain the cause for this foeticide. No Hindu scripture or religious text asks to kill a female
child or foetus. On the other hand, Hindu books, Rig Veda, for example, hold women in a much-
respected light. Many women, in these texts, were highly regarded and respected. It is unjustified
and unfair to point a finger at religion as a cause for female foeticide, for it our
(mis)interpretations and understandings that are at fault.
Another shocking fact is that doctors use the trust placed upon them for their own benefits.
Knowing that the couple will abort the foetus if it is female, the doctors proclaim a female foetus
even if the tests show a male foetus – to avail the extra fee they receive for abortion.

Understanding these reasons behind this practice of female foeticide, it is evident that the change
has to be in the thinking and mentality of the people, and also the laws of our country – to
abolish and eradicate immoral and unjustified customs like dowry. These reasons have to be
addressed immediately, if any change and improvement is desired – it cannot be expected that
female foeticide be stopped without changing anything else. Major and instantaneous changes
are required in the way our country and its people basically function. Only then can we think
about bringing about a change, and making India a better and safer nation for the fairer sex.

LAWS IN PLACE

LEGAL PROVISIONS COMBATING IT

a .Indian Penal Code

Sections 312-316 of the Indian Penal Code (IPC) deals with miscarriage and death of an unborn
child and depending on the severity and intention with which the crime is committed, the
penalties range from seven years to life imprisonment for fourteen years and fine.

b. The Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of

Misuse) Act, 1994

Its Purpose

The main purpose of enacting the PC&PNDT (prohibition of Sex Selection) Act, 1994 has been
to:

i) Ban the use of sex selection techniques before or after conception

ii) Prevent the misuse of pre-natal diagnostic techniques for sex selective abortions

iii) Regulate such techniques Stringent punishments have been prescribed under the Act for
using pre-conception and pre-natal diagnostic techniques to illegally determine the sex of the
foetus.
c. The Medical Termination of Pregnancy Act, 1971

The Medical Termination of Pregnancy Act was passed in July 1971, which came into force in
April 1972. This law was conceived as a tool to let the pregnant women decide on the number
and frequency of children. It further gave them the right to decide on having or not having the
child. However, this good intentioned step was being used to force women to abort the female
child. In order to do away with lacunae inherent in previous legislation, the Pre-natal Diagnostic
Techniques (Regulation and Prevention of Misuse) Act had to be passed in 1994, which came
into force in January 1996. The Act prohibited determination of sex of the foetus and stated
punishment for the violation of the provisions. It also provided for mandatory registration of
genetic counselling centres, clinics, hospitals, nursing homes, etc.

Thus both these laws were meant to protect the childbearing function of the woman and
legitimise the purpose for which pre-natal tests and abortions could be carried out. However, in
practice we find that these provisions have been misused and are proving against the interest of
the females.

d. The Constitution of India

Section 312 of the Indian Penal Code read with the Medical termination of Pregnancy act, 1971
where all the restrictions imposed therein, including the time limit of 20 weeks, other than the
ones to ensure good medical conditions, infringe the right to abortion and the right to health,
which emanate from right to life as guaranteed by Article 21 of the Constitution. Freedom from
interference in one's privacy and family life is protected by Article 12 of the Universal
Declaration of Human Rights, Article 17 of the Civil and Political Rights Covenant, Article 11 of
the American Convention, and Article 8(1) of the European Convention. Right to abortion is a
species of right to privacy, which is again proclaimed a continuance of the right to life under
Article 21.

Various welfare schemes

BalikaSamriddhi Yojana The launching of the BalikaSamriddhi Yojana in 1997 is a major

initiative of Government to raise the overall status of the girl child. It intends to change family
and community attitudes towards her and her mother. Under this scheme about 25 lakh girl
children born every year in families below the poverty line are to be benefited. The first
component of the scheme, which has already been launched, is to provide Rs.500/ - as a post-
delivery grant to the mother of the girl child as a symbolic gift from Government. The other
components proposed under the scheme are provision of annual scholarships to the beneficiaries
when they go to school and assistance for taking upon income generating activity when they
attain the age of maturity.

Sukamya samridhi yojna- aim to ensure equitable share of girl child in family savings.

Beti BachaoBetiPadhao (with focus on decentralization and convergence in implementation)

have been launched to ensure survival, protection and empowerment of girls by eliminating the
differential in the sex ratio, infant mortality rate and improving their nutritional and education
status.

States like Haryana, which have very low CSR of 830, have started their own schemes like
‘Aapki Beti HamariBeti’. Under this scheme the first girl child born in SC or BPL family will
be eligible for Rs 21000 from state government. Localized initiatives like ‘selfie with daughter’
have also been launched by Panchayats and thus taking the initiative to ground level.

2. RAPE

Rape type is a of sexual assault usually involving sexual intercourse, which is initiated by one or
more persons against another person without that person's consent. The act maY be carried out
by physical force, coercion, abuse of authority or against a person who is incapable of valid
consent, such as one who is unconscious, incapacitated, or below the legal age of consent

"Rape is a crime not only against the person of a woman it is a crime against the entire society. It
destroys the entire psychology of a woman and pushes her into deep emotional crisis. Rape is
therefore the most hated crime1. It is a crime against basic human rights and is violative of the

1
Bodhisatwa v. Ms. SubdhraChakroborty (1996) 1 SCC 490
victim‘s most cherished right, namely, right to life which includes right to live with human
dignity contained in Article 21."

TYPES OF RAPE

1. Custodial Rape
Custodial rape is a form of rape which takes place while the victim is "in custody" and
constrained from leaving, and the rapist or rapists are an agent of the power that is keeping the
victim in custody. When it happens in prison, it is known as prison rape. While some definitions
of custodial rape define it as taking place in a state-owned institution, and perpetrated by a state
agent, the term more generally refers to any situation where the power of a state agent is used to
enable rape; thus, when prisoner-on prisoner rape happens as a result of neglect by the prison
authorities, it may be considered custodial rape.

2. Gang rape
Gang rape occurs when a group of people participate in the rape of a single victim. Rape
involving at least two or more violators is widely reported to occur in many parts of the world.

3. Incest
Incest is sexual activity between family members and close relatives. This may include sexual
activity between people in a consanguineous relationship (blood relations), or related by affinity,
such as members of the same household, step relatives, those related by adoption or marriage, or
members of the same clan or lineage

4. Marital Rape
Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of
force, or physical violence, or when she is unable to give consent. Marital rape could be by the
use of force only, a battering rape or a sadistic/obsessive rape. It is a nonconsensual act of violent
perversion by a husband against the wife where she is physically and sexually abused.

FACTORS
 1. Less Conviction Rate

2. Police Apathy

3. Unreported Instances of Rape

In the Mathura rape case, wherein Mathura- a sixteen year old tribal girl was raped by two
policemen in the compound of Desai Ganj Police station in Chandrapur district of Maharashtra.
The case came for hearing on 1st June, 1974 in the sessions court. The judgment however turned
out to be in favour of the accused. Mathura was accused of being a liar. It was stated that since
she was ‗habituated to sexual intercourse‘ her consent was voluntary; under the circumstances
only sexual intercourse could be proved and not rape. On appeal the Nagpur bench of the
Bombay High Court set aside the judgment of the Sessions Court, and sentenced the accused
namely Tukaram and Ganpat to one and five years of rigorous imprisonment respectively. The
Court held that passive submission due to fear induced by serious threats could not be construed
as consent or willing sexual intercourse.
However, the Supreme Court again acquitted the accused policemen. The Supreme Court held
that Mathura had raised no alarm; and also that there were no visible marks of injury on her
person thereby negating the struggle by her. The Court in this case failed to comprehend that a
helpless resignation in the face of inevitable compulsion or the passive giving in is no consent.

In Mohd. Habib v. State , the Delhi High Court allowed a rapist to go scot-free merely because
there were no marks of injury on his penis- which the High Court presumed wasa indication of
no resistance. The most important facts such as the age of the victim (being seven years) and that
she had suffered a ruptured hymen and the bite marks on her body were not considered by the
High Court. Even the eye-witnesses who witnessed this ghastly act, could not sway the High
Court‘s judgment.

Another classic example of the judicial pronouncements in rape cases is the case of Bhanwari
Devi, wherein a judge remarked that the victim could not have been raped since she was a dalit
while the accused hailed from an upper caste- who would not stoop to sexual relations with a
dalit.
Whereas, in State of Punjab v. Gurmit Singh2, the Supreme Court has advised the lower
judiciary, that even if the victim girl is shown to be habituated to sex, the Court should
not describe her to be of loose character.

The Supreme Court has in the case of State of Maharashtra v. Madhukar N. Mardikar 3 held
that, "the unchastity of a woman does not make her open to any and every person to violate her
person as and when he wishes. She is entitled to protect her person if there is an attempt to
violate her person against her wish. She is equally entitled to the protection of law. Therefore
merely because she is of easy virtue, her evidence cannot be thrown overboard."

After Delhi gang rape case various amendments in IPC

Section 375- rape - seven descriptions:—

First.—Against her will. Secondly.—Without her consent.

Thirdly.—With her consent, when her consent has been obtained by putting her or any person in
whom she is interested, in fear of death or of hurt.

Fourthly.—With her consent, when the man knows that he is not her husband and that her
consent is given because she believes that he is another man to whom she is or believes herself to
be lawfully married.

Fifthly.—With her consent when, at the time of giving such consent, by reason of unsoundness
of mind or intoxication or the administration by him personally or through another of any
stupefying or unwholesome Substance, she is unable to understand the nature and consequences
of that to which she gives consent.

Sixthly.—With or without her consent, when she is under eighteen years of age.

Seventhly.—When she is unable to communicate consent.

2
(1996) 2 SCC 384
3
(1991) 1 SCC 57
Sexual intercourse or sexual acts by a man with his own wife, the wife being under fifteen years
of age, is rape.’

Section 376- punishment for rape not less than 7 year but extend to imorisonment for life and
fine

Section 376 A- punishment for causing death or resulting in persistent vegetative state of victim

Section 376B- sexual intercourse by husband upon his wife during separation

Section 376C- sexual intercourse by person in authority

Section 376D- gang rape

Section 376 E – punishment for repeat offender

Section- 377- unnatural offences

3. DOWRY DEATH

Dowry and related offences even death at the end is a burning issue of the Indian society since
years. It is increasing day by day due to social inheritance, traditional mentality and life style in
the family. Dowry death is a big challenge to the modern society, moral values, police, and
forensic experts as well as to legal officers and justice not only to eliminate this social hazard but
also to punish the culprits in effective manner to make the world free from it forever.

The experiences of most women, when it comes to marriage considerations continue to be

shaped by dowry demands and acceptance of such demands between families of both the would-
be groom and bride respectively. The fact that such demands and practices are coloured by
cultural mores and upheld as traditional values complicates the matter even further to either
enable a recognition of the same as an offence which has both social and economic implications
or be rooted out of societal structures and practices.

In majority cases of bride killing or bride burning or dowry death, problem is created by the
female themselves against their own sex. It has been usually found that approach of mother in
law is different from that of the bride's mother.
Initially at the time of marriage, money is given by bride’s family as per demand of the in laws
but later on hunger of dowry is increasing extremely high which is followed by torture of bride
and ends up in her death. In other words, in bride burning cases, crime is normally abetted and
even committed by the females themselves.

The unnatural death of newly married young woman due to dowry is routine headline of every
newspaper and media even today. Self burning by females after death of her husband in Hindu
community is traditionally accepted and matter of proud as in ' Sati Pratha' or 'Joher'. But
nowadays, large number of newly married young women are burnt alive by their husbands and /
or in laws or forced by them to end their unhappy life, while a few others are killed first and then
burned to hide the crime. In majority of these cases, dowry is the prime motive behind this
terrible crime.

Protection of young married women against harassment and cruelty on account of dowry is
responsibility of government. Social organization and media may also effectively contribute by
developing awareness regarding this issue and mobilizing the support of society against this
terror. We all need to fight together to end this social crime forever to bring new happy horizon
in life of married women.

None the less, with the vision of a new India post-independence many efforts have been made to
get rid of such social evils and the campaign of women’s movement against dowry practices can
be said to have gained momentum in the 1970s, when there dowry deaths camouflaged as
suicides, gas bursts etc were making for regular news across the country and bride burning grew
as a common practice – all of which were in relation to demands for dowry and failure to meet
such ever-increasing burdens.

However, in the 1990s, there were alternate feminist views which stated that women, if not given
dowry would be left with nothing given the unequal property rights At this point, it is important
to realize that the demand and practice of dowry itself is deeply entrenched in patriarchy and that
these women themselves have neither agency nor control over the dowry that is exchanged in
their names supposedly for their benefit, which brings us back to reiterating that dowry in itself
is a socio-economic offence which serves to reinforce patriarchal subjugation of women and
dowry murders constitute a manifestation of extreme impunity with which power is abused in a
patriarchal social milieu.

Despite the passage and existence of The Dowry Prohibition Act, 1961, it would be wrong to say
that dowry no longer constitutes a social problem, infact, what adds to the problem is the
emergence of newer forms of dowry exchanges like those of bank transfers, property &
business mergers, paying for honeymoon expenses in addition to the older forms of demands for
money and vehicles which makes it all the more difficult to pin down what has actually been
given as a dowry demand but is being coloured by “parental love for daughter”.

Laws in relation of dowry deaths

IPC Section 304 B deals with dowry death .

IPC Section 498 A deals with husband or relative of husband of the women subjecting her to
cruelty

Indian Evidence Act(IEA) Section 113A deals with presumption as to abetment of suicide by a
married woman

IEA section 113B deals with presumption as to dowry death

The Dowry Prohibition Act, 1961

This legislation provides for a penalty if any person gives, takes or abets giving or receiving of
dowry.

4. HONOUR KILLING

An “honour killing" is a murder committed against a woman for actual or perceived “immoral"
behaviour that is deemed to have breached the ‘honour code’ of a household or community.
These so called ‘honour codes’ are the product of deeply rooted patriarchal social and cultural
prejudices, whereby women are perceived and forced to bear all responsibility for maintaining
communal honour. ‘Honour killings’ are an extreme and brutal abuse of human rights, violating
the most basic of human rights—the right to life—as well as every other article in the
International Convention on Human Rights (1948). Human Rights Watch defines "honour
killings" as the acts of violence, usually murder, committed by male family members against
female family members, who are held to have brought dishonour upon the family. A woman can
be targeted by (individuals within) her family for a variety of reasons, including: refusing to
enter into an arranged marriage, being the victim of a sexual assault, seeking a divorce—even
from an abusive husband—or (allegedly) committing adultery. The mere perception that a
woman has behaved in a way that "dishonours" her family is sufficient to trigger an attack on her
life.

Thus an honour killing (also called a customary killing), can be said as the murder of a member
of a family or social group by other members, due to the belief of the perpetrators (and
potentially the wider community) that the victim has brought dishonour upon the family or
community. [3] Hence a murder committed in order to save what is considered in a specific
culture the “honour" of one’s family against the shame caused by another member of the family
could be termed as the honour killing.

Reasons for honour killing:-

The main reason for commitment of an ‘honour killing’ is belief that any member of family had
brought dishonour to the family. The dishonour can be of different types for different families.
The perceived dishonour is normally the result of the following behaviours, or the suspicion of
such behaviours, which are dress codes unacceptable to the family/community; or wanting to
terminate or prevent an arranged marriage or desiring to marry by own choice; or engaging in
certain sexual acts, including those with the opposite or same sex, etc.

Also the most obvious reason for this practice to continue in India is because of the fact that the
caste system continues to be at its rigid best and also because people from the rural areas refuse
to change their attitude to marriage. Also in our country the society is mainly the patriarchal.
Men are expected to enforce such norms and traditions and protect family and male honour from
shame. Women are expected to conduct themselves honourably. This understanding of the notion
gives legitimacy to all forms of social regulation of women’s behaviour and to violence
committed against them.
Laws presently on the ‘Honour Killing’

So far, there is no specific law to deal with honour killings. The murders come under the general
categories of homicide or manslaughter. Sometimes the honour killings are also done by a mob
and so when a mob has carried out such attacks, it becomes difficult to pinpoint a culprit. The
collection of evidence becomes tricky and eyewitnesses are never forthcoming. But ‘Honour
Killings’ are against International Law on Human Rights and against United Nation agendas. But
still even though we don’t have any law to deal with it specifically in India but we have judicial
precedence over it. There are also some bills which are in the latent stage against the honour
killings, which are planned to be introduced in the parliament sooner. Let us discuss them under
the following heads.

International Laws Regarding Honour Killing

"Honour killings" are a recognized form of violence against women in international human rights
law because they violate women's rights to life and security of the person. International law
obligates states to protect women from gender-based violence, including by family members, and
to disqualify "honour" as a legal defence for acts of violence against women. [4] . ‘Honour
killings’ are an extreme and brutal abuse of human rights, violating the most basic of human
rights—the right to life—as well as every other article in the International Convention on Human
Rights (1948). The presence of laws that treat ‘honour killings’ leniently is also a brazen
disregard of the International Convention of Civil and Political Rights (1966), protecting
individuals against the use of the death penalty except for the most serious of crimes. ‘Honour
killings’ also violate the Convention on the Elimination of All Forms of Discrimination against
Women (1979).

Law ought to be on Honour Killing

IPC

Sections 299-304: Penalizes any person guilty of murder and culpable homicide not amounting
to murder. The punishment for murder is life sentence or death and fine.

Section 307: Penalizes attempt to murder with imprisonment for up to 10 years and a fine. If a
person is hurt, the penalty can extend to life imprisonment.
Section 308: Penalizes attempt to commit culpable homicide by imprisonment for upto 3 years or
with fine or with both.

Section 120A and B: Penalizes any person who is a party to a criminal conspiracy.

Sections 107-116: Penalizes persons for abetment of offences including murder and culpable
homicide.

Section 34 and 35: Penalizes criminal acts done by several persons in furtherance of common
intention.

Also along with that the perpetrators in ‘honour killing’ can be punished under the various
articles of Constitution of India. We can see that the “honour killings" are the violation of the
following constitutional provisions like

Article 14 – right to equallity

Article 15 (1)- no discrimination on the basis of race, caste, sex

Article 15 (3) – special law regarding women

Article 21 live with dignity

5. Acid attack

Over the last decade India has been witnessing an alarming growth of acid attack especially on
women. Acid violence is a heinous crime committed usually against women, with an intention to
disfigure or kill her. It can also be called as the gender based violence against women. According
to the National Commission of India acid attack is “any act of throwing acid or using acid in any
form on the victim with the intention of or with knowledge that such person is likely to cause to
the other person permanent or partial damage or deformity or disfiguration to any part of the
body of such person”.

Section 326A and section 326B of IPC deal with acid attack.