Women, Violence and Gender Justice: A Human Rights Perspective

Joshua N. Aston1

1.1. Introduction
Women have been the most vulnerable and weaker section of the society and are always
been looked down as a commodity which can be used, re-used and abused. It is the
momentous reality of the society that the women’s dignity is always battered and has
always been ill treated ever since the beginning of the civilization. Women are at times
deprived of their rights, beliefs and existence. Women have always been dependent on men
for their livelihood and restricted only to certain places, mainly involved in domestic work
since ages but in current time of globalization, the sphere of women has broadened and
women are now well educated, working in all spheres of life and demanding equal status to
men. Despite this development, access to education and employment and awareness of
their rights, women are still faced with humiliation, discrimination, cruelty and violence at
every step inside their home as well as at their work place. They are often dominated by
men in the society and thus violence against women has also increased.

2.1. Women and Violence

Women have become the most vulnerable ones to violence across the world. Violence has
affected millions of women in the society across the world in socio-economic and
educational classes irrespective of the culture and religion. Violence against women is
increasing day by day due to the ignorance of the available rights of women and lack of
awareness and education in many developing countries. Violence against women permeates
the society at every level and setting. Murder, rape, intimidation, pornography, workplace
harassment, incest, trafficking and forced prostitution are all part of a general belief that
women are soft targets of violence and exploitation which have been deeply built in the
roots of our so called patriarchal system of the society.2 Violence against women includes

1
Mr. Joshua N. Aston, BA, LL.B., LL.M., PGDFM, DMC, DCL, Research Scholar, Faculty of Law, Tel Aviv University, Ramat Aviv, Tel Aviv, Israel
2
Pauline B. Bart and Eileen Geil Moran, Violence Against Women: The Bloody Footprints (A Gender & Society Reader), Sage Publications
Inc., 1992
domestic abuses, rape, child marriages as well as female circumcision.3 All these are
committed by the dominating class of men who violate the fundamental human rights of
the women.

2.1.1 Kinds of Violence against Women

Women become prey to violence even before their birth where the parents abort their
unborn child only because it’s a female in the hope of giving birth to male child. Female
foeticide is on the rise in the world, especially in the developing countries such as India. It is
evident from the male : female sex ratio derived from the Census since its beginning in
1901. Sex ratio is described as the number of females per 1000 of males. It is an important
source in finding out the population of females during the census. In the 2011 Census
conducted by the Government of India, it was it was found that the sex ratio was 940
females per 1000 males. Though the figures depict an increase in the number of females as
compared to the census of 2001 where the ratio was 933 females per 1000 males, but in
majority of the states and Union territories, there has been a decrease in the number of
females. It has been observed since last few decades.4 There are some states where female
foeticide is still occurring due to which the sex ratio has become a major area of concern.
Causes of such decrease in the number of females are due to the violence and ill treatment
towards women in the society. Such states are north Indian states of Haryana, Rajasthan
and adjoining areas. When compared to the census of 1901 before independence of India,
the male : female sex ratio was normal but later declined.

Violence against women is severe in many parts of the country. It is seen in orthodox and
traditional societies of the country that if born, young girls are subjected to various forms of
discrimination in their society. In some cases they are subjected to traumatic traditional
practices such as circumcision; they are also often forced to marry in a very young and
tender age even before they are mature enough to understand the institution of marriage.
Thus they are subjected to more abusive circumstances. At the domestic level, the women
are often victims of domestic violence, rape and sexual abuses which lead to traumatized

3
Women and Violence, United Nations Department of Public Information DPI/1772/HR--February 1996, available at
http://www.un.org/rights/dpi1772e.htm, accessed on 28 February 2013
4
Provisional Population Totals Paper 1 of 2011 India Series 1, Statement-13, Sex Ratio of Total population and child population in the age
group 0-6 and 7+ years : 2001 and 2011 Office of the Registrar General & Census Commissioner, India, available at
http://www.censusindia.gov.in/2011-prov-results/prov_results_paper1_india.html, accessed on 29 May 2013
condition – mentally, physically and emotionally and / or in some cases lead to death. The
following are some of the different kinds of violence against women:

2.1.1.1. Domestic Violence

Violence against women in the domestic sphere is of grave magnitude. It occurs in both
developed as well as developing countries. Earlier it was considered by the neighbours,
community and even the government, as a private issues which remained inside the home,
family but later on it was noticed that these thought to be private issues often turned into
public tragedies. Often, it has been noticed that the husbands exert unreasonable force and
dominance on their wives to suppress their voice and rights and take to method of violence.
They beat - up their wives, abuse them, torture them physically, mentally and emotionally
and violate all kinds of human rights and lower their dignity of a human being. Often such
violence is a consequence of dowry related matters and frequent quarrels and fights due to
petty reasons and ego problems. The United Nations has reported that in the United States,
which is a developed nation, that a woman is beaten every eighteen minutes. In Pakistan,
around 400 cases of domestic violence were reported in 1993 where almost half of the
cases ended with the death of the wife.5

2.1.1.2. Female Foeticide and infanticide

Female foeticide is a serious issue in our society, especially in developing countries. The
preference for a son in the family is one of the major reasons for violence against women.
Such violence is evident mostly in the Asian countries. This has given rise to female foeticide
and infanticide. The discrimination and neglect of a girl child in the family by her own
parents compared to the sons has lead to severe discrimination in terms of health care,
educational facilities, nutrition and other vital needs of the child. Many women abort their
child when they come to know that the foetus is a female. In India and other Asian
countries, the sex determination and sex selection of a child is turning into a profitable
business due to the help and support from the patriarchal societies prevalent in these
countries.6 This female foeticide and infanticide has reduced the male : female sex ratio in

5
United Nations Department of Public Information , ‘Women and Violence’, DPI/1772/HR--February 1996, available at
http://www.un.org/rights/dpi1772e.htm (last accessed 28 February 2013)
6
United Nations Department of Public Information , ‘Women and Violence’, DPI/1772/HR--February 1996, available at
http://www.un.org/rights/dpi1772e.htm (last accessed 28 February 2013)
many countries such as Japan, China, Cuba. It is evident from the report of the US
Department of Health and Human Services which shows that the sex ratio of female to male
is similar to that of India as per the statistics of the census 2011.7

2.1.1.3. Child Marriage

Child marriage is another offence and a kind of violence against women which fully violates
the human rights and poses a risk to the health and life of the young girl child. In many
countries, especially in the developing nations, girls below the age of 18 are married to men
who are often double their age or are even older. These girls are often married without their
consent, forcefully and are not mature enough physically, mentally and emotionally to
handle the stress and consequences of such marriages.8 Major reason of child marriages has
been noticed to be the poverty which plays a pivotal role in early marriages. Many families
residing in countries facing with poverty have very limited resources to have access to
health care, education and other economic facilities; hence they prefer child marriages
thinking that their daughters would not face the poverty after marriage. But in reality, the
situation does not change and their daughters remain poor and also face very severe health
consequences which are often lifelong.9 These young girls hamper their physical and mental
growth and development and face various health risks due to early pregnancy and giving
birth to child under the age of 15.

2.1.1.4. Rape
Rape is another severe form of violence against women. It can take place anywhere in the
world, at work place, at home, in the family, outside the home, in fact anywhere. In the
family, it generally takes place in the form of marital rape mainly. It even occurs in the
community where women fall prey to the perpetrator or abuser; it takes place even in
refugee camps and during armed conflicts. In many places during war, rape is used as a
weapon to destroy ethnic groups and community or race10 which has been discussed in

7
T.J. Mathews, M.S., and Brady E. Hamilton, Ph.D., Division of Vital Statistics, Trend Analysis of the Sex ratio at birth in the United States,
US Department of Health and Human Services, National Centre of Health Statistics, National Vital Statistics Report, Vol. 53, No. 20, (20
June 2005), p 5
8
United Nations Department of Public Information , ‘Women and Violence’, DPI/1772/HR--February 1996, available at
http://www.un.org/rights/dpi1772e.htm (last accessed 28 February 2013)
9
Ibid
10
United Nations Department of Public Information , ‘Women and Violence’, DPI/1772/HR--February 1996, available at
http://www.un.org/rights/dpi1772e.htm (last accessed 28 February 2013)
Article 7 of the Rome Statute as Crimes against humanity. Rape has become the fastest
growing crime in the world which reflects the law and order situation of the countries across
the world and the lack of proper understanding and enforcement of laws to prevent such
violence against women.

In India, the crime against women has increased manifold. As per the report of the National
Crime Records Bureau, India, a total of 2,28,650 crimes against women has been reported in
the country in 2011, whereas in the year 2010, the number of crimes occurred against
women was 2,13,585 which shows an increase in the rate of crimes against women. This
increase has been reported as 7.1% in the year 2011.11

2.1.1.5. Sexual Harassment at work place

Sexual harassment at workplace is an area of great concern. It is taking place across the
world. It has been reported by the United Nations that in many places, Employers abuse the
female employees and use their authority and seek sexual favours in return of promotion
and career advancement. Often, it is seen that women who protest and refuse are faced
with consequences such as termination from the job and demotion.12 But, in recent times,
women have come forward and protested such violence and many laws have been enforced
to prevent such kind of violence against women. In India, recently ‘The Sexual Harassment
of Women at Workplace (Prevention, Protection and Redressal) Act 2013’ has been enforced
for the protection of women against such violence. Sexual harassment is considered to be a
form of sex discrimination which degrades the woman and is often regarded as having lesser
ability to perform well at work in comparison to the male employees.13

2.1.1.6. Trafficking and Prostitution

Trafficking of women has been the gravest form of violence against women. It is considered
to be the third largest trade in the world committed by the organized crime syndicate across
the borders and is spread all over the world. Many young girls and women are trafficked

11
Crime Against Women, Chapter 5, National Crime Records Bureau, India (2011), available at http://ncrb.nic.in/CD-CII2011/cii-
2011/Chapter%205.pdf, accessed on 29 May 2013
12
United Nations Department of Public Information , ‘Women and Violence’, DPI/1772/HR--February 1996, available at
http://www.un.org/rights/dpi1772e.htm (last accessed 28 February 2013)
13
United Nations Department of Public Information , ‘Women and Violence’, DPI/1772/HR--February 1996, available at
http://www.un.org/rights/dpi1772e.htm (last accessed 28 February 2013)
from their community and country of origin to the country of destination where they are
exploited through sexual abuse and forced prostitution. The women are forced into this
trade with the help of other women, friends and family and are often found to be coming
from the economically and educationally disadvantage section of the society. The women
and young girls are also trapped through fake employment offers and marriages and are
sent to foreign countries where their identity documents are seized by the traffickers and
are forced into prostitution trade. They are left fully at the mercy of the traffickers and
brothel owners.14 Trafficking and forced prostitutions are increasing at an alarming rate and
are majorly taking place in the South Asian countries, Middle East, Central Asia and African
region. The victims are often found to be deprived of their basic rights and are found to be
facing various problems in getting proper protection and refugee status at the destination
country due to their mistaken identity as illegal immigrants.

3.1. Causes of Violence against women

Violence and Crimes against women are increasing day by day despite the development of
economic and social conditions of the people in the society and the women empowerment
in modern times. It has been observed that most of the violence and crimes takes place
among the poorer section of the society and are also caused by the men of this section of
the society. Some of the major causes of violence against women have been identified as
lack of educational facilities, poor economic conditions, economic dependence of women on
the male member of the family, lack of leadership qualities and lack of awareness of their
rights.

3.1.1. Lack of educational facilities and illiteracy

Women have always been subjected to discrimination in the society and in the family. They
have been always looked down upon as inferior in the society and the male dominating
society laid down some rules for the women to suppress them and their voices. Due to such
attitude of men towards the women in the society, the women have never been given any
opportunity to educate themselves and hence are devoid of education facilities. The
parents, mostly due to poor economic conditions, and also because of their preference and
love for the male child, have always restricted the girl child at home and did not give access
14
Louise Shelley, Human Trafficking: A Global Perspective, Cambridge University Press, 1st Edition, 2010
to any kind of educational facilities. This poor literacy rate of women and also in some cases
among men has resulted in the increase of various forms of violence and crimes against
women.15 The men are not apprised of the benefits of education and thus indulge into
different kinds of unsocial activities and crimes which lead to such violence against women.
Women are also deprived of proper education facilities because of the conservative attitude
of the society and hence it has been seen that they are not allowed to raise their voices and
fight for their right to education. The consequence of such attitude has mainly resulted in
the increase in the crime rate and violence against women.

3.1.2. Poor economic conditions and economic dependence

Violence against women also is a consequence of the poor economic conditions prevailing in
many countries, mostly in the Asian region. Lack of education leads to lack of proper
employment facilities which thereby hamper the development of the socio-economic
condition of the people in the country. The condition of women in the society is worst,
mostly among the poorer section where women are not even allowed to go out of their
house, get employed and work due to certain traditional and cultural restrictions in the
society prevalent in such patriarchal system existing in the society and thus the women are
economically dependent on their father during childhood, on husband after marriage and
on son in old age.16 This poor economic condition and economic dependence of women on
male members of the family is majorly due to inequality status prevailing in the society, lack
of education and prevalent traditional practices and rituals. This condition has, in various
instances, caused violence against women inside the house and in the society by the
dominating male members.17

3.1.3. Lack of leadership qualities

Since the women are fully dependent on the male members of their family and are
suppressed in the society, they are often seen to lack leadership qualities. The patriarchal
system of the society has led to the suppression of women and their rights and voices in the

15
United Nations Department of Public Information , ‘Women and Violence’, DPI/1772/HR--February 1996, available at
http://www.un.org/rights/dpi1772e.htm (last accessed 28 February 2013)
16
United Nations Department of Public Information , ‘Women and Violence’, DPI/1772/HR--February 1996, available at
http://www.un.org/rights/dpi1772e.htm (last accessed 28 February 2013)
17
UN Report, Ending Violence Against Women and Girls: Programming Essentials, United Nations Entity for Gender Equality and the
Empowerment of Women, January 2013, available at http://www.endvawnow.org/uploads/modules/pdf/1360104822.pdf, (last accessed
28 February 2013)
society. The voices of women are often unheard and their problems are neglected. They are
not given any kind of facilities and opportunities for development through education,
awareness of rights etc. This is mainly because of the inequality status prevailing among
men and women in the society and thus their leadership qualities are not developed. This is
one of the causes which have helped in the increase in the violence against women.

3.1.4. Lack of Awareness of Rights

Women in the society are often suppressed. They are not given any access t education and
other development facilities in the society by the dominating men and hence the women
remain unaware of their rights. In case of India, it is seen that state of women in the rural
part of the country is very pathetic. The Indian Constitution has provided every citizen,
irrespective of caste, creed, religion, the basic fundamental rights. But due to the lack of
freedom of women and restriction of the society on women, quite a large number of
women in the rural section have been deprived of their rights. These women are often
unaware of their rights. Similarly, in many developing nations, women are deprived of their
rights due to their unawareness and ignorance of the rights, lack of education etc. and
hence their voices are suppressed. This prevailing condition of women further gives rise to
crimes and violence against women.

4.1. Various Legislations for the protection of women

It is a grave truth that women across the world are beaten up, raped, trafficked and also
killed irrespective of their status and countries – rich or poor. Such abuses and violations of
human rights not only impose a threat to the existence and status of women in the society
but also tear apart the entire society. But now there is a growing concern for the women
and to protect the women against such violence across the world. Thus the international
community has come forward with comprehensive legislation for effective response to
violence against women. Various countries of the world have obligations under the
International Law to enact, implement and enforce various legislations which address all
kinds of violence against women. Many countries have adopted and revised legislations to
prevent violence against women but they still face difficulties in proper enforcement of
legislations and protect women from such violence.
In the society, women are subject to protection and dependence on their father in their
childhood, after marriage on their husband and in old age on their sons. The patriarchal
system of the society has given men to exercise unlimited power on women in the society.18
Hence, in order to protect the women from violence and ensure the fundamental human
rights and specific rights of women, various legislations have been enforced at the
international level as well as at the domestic level. These international conventions and
treaties and other legislations are as follows:

4.1.1. Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW)
The CEDAW or the Convention on the Elimination of All Forms of Discriminations Against
Women was adopted on 18 December 1979 by the United Nations General Assembly and
was entered into force on 3 September 1981 as an international treaty.19 It was enforced in
order to monitor and scrutinize the condition and the position of women and to promote
the rights of the women. CEDAW has been involved ensuring equality of women with men
and denied all such areas which denied equality with men. The Article 11 states that “[State]
takes all appropriate measures to eliminate discrimination against women in the field of
employment”20 and Article 24 states that “[State shall] undertake to adopt all necessary
measures at the national level aimed at achieving the full realization”21

4.1.2. International Convention on Elimination of All Forms of Racial Discrimination

Against Women
This convention was adopted on 21 December 1965 by the UN General Assembly to deal
with the racial discrimination against women. Its monitoring body, the committee on the
Elimination of Racial Discrimination made reference to trafficking in persons in some
recommendations and observations to the state parties on the basis of Article 5.

18
United Nations Department of Public Information , ‘Women and Violence’, DPI/1772/HR--February 1996, available at
http://www.un.org/rights/dpi1772e.htm (last accessed 28 February 2013)
19
The Convention on the Elimination of All Forms of Discrimination Against Women, available at
http://www.un.org/womenwatch/daw/cedaw/cedaw.htm, accessed on 12th August 2012.
20
Article 11, CEDAW (adopted 18 December 1979, entered into force 3 September 1981)
21
Article 24, CEDAW (adopted 18 December 1979, entered into force 3 September 1981)
Article 5 expands upon on the general obligation of Article 2 and creates a specific
obligation to guarantee the right of everyone to equality before the law regardless of "race,
colour, or national or ethnic origin".22 It further lists specific rights this equality must apply
to: equal treatment by courts and tribunals,23 security of the person and freedom from
violence,24 the civil and political rights affirmed in the ICCPR,25 the economic, social and
cultural rights affirmed in the ICESCR,26 and the right of access to any place or service used
by the general public, "such as transport hotels, restaurants, cafes, theatres and parks."27
In addition, other international instruments which create obligations for State parties to
enact and enforce legislation for addressing violence against women are Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime (the
Palermo Protocol), and the Rome Statute of the International Criminal Court (The Rome
Statute).

4.1.3. Declaration on the Elimination of Violence against Women, 1993

Besides the above mentioned legislations, Article 4 of the 1993 Declaration on the
Elimination of Violence against Women, which has been adopted by the General Assembly,
requires Member States to:28
(i) Condemn violence against women and not invoke custom, tradition or religion to
avoid their obligations to eliminate such violence;
(ii) Develop penal, civil, labour and administrative sanctions in domestic legislation to
punish and redress the wrongs caused to victims;
(iii) Provide access to the mechanisms of justice and, as provided for by national
legislation, to just and effective remedies; and
(iv) Ensure that the secondary victimization of women does not occur because of laws
insensitive to gender considerations, enforcement practices or other interventions

22
Article 5, ICERD (adopted 21 December 1965)
23
Article 5(a), ICERD (adopted 21 December 1965)
24
Article 5(b), ICERD (adopted 21 December 1965)
25
Article 5(c) and (d), ICERD (adopted 21 December 1965)
26
Article 5(e) (adopted 21 December 1965)
27
Article 5(f) (adopted 21 December 1965)
28
Department of Economic and Social Affairs, Division for the Advancement of Women, ‘Handbook for Legislations on Violence against
Women’, United Nations Publications, New York (2010)
4.1.4. Other Regional Legislations
Various other regional legislations to prevent violence against women have been enacted
and enforced in many countries across the world. The following are some of the important
regional legislations.

4.1.4.1 The Inter-American Convention on the Prevention, Punishment and Eradication

of Violence against Women
It is also known as the Convention of Belém do Pará. It is the only Convention directed solely
at eliminating violence against women. It requires that States parties apply due diligence to
prevent, investigate and impose penalties for violence against women and contains detailed
International and regional legal and policy framework provisions regarding the obligations
of States to enact legislation. Under article 7, States parties are obligated to:29
(i) Adopt legal measures to require the perpetrator to refrain from harassing,
intimidating or threatening the woman;
(ii) Take all appropriate measures, including legislative measures, to amend existing
laws or to modify legal or customary practices which sustain the persistence and
tolerance of violence against women;
(iii) Establish fair and effective legal procedures for victims; and
(iv) Establish the necessary legal and administrative mechanisms to ensure that victims
have effective access to just and effective remedies.

4.1.4.2. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Women in Africa
It also addresses violence against women within its provisions, and establishes obligations
related to legal reform. Under the Protocol wherein States parties are required to:30
(i) Enact and enforce laws to prohibit all forms of violence against women (article 4(2));
(ii) Adopt legislative, administrative, social and economic measures to ensure the
prevention, punishment and eradication of all forms of violence against women
(article 4(2));

29
Department of Economic and Social Affairs, Division for the Advancement of Women, ‘Handbook for Legislations on Violence against
Women’, United Nations Publications, New York (2010)
30
Ibid
 (iii) Take all necessary legislative and other measures to eliminate harmful practices
(article 5); and
(iv) Enact national legislative measures to guarantee that no marriage shall take place
without the free and full consent of both parties and that the minimum age of
marriage for women is 18 years (article 6).

4.1.4.3. Convention on Preventing and Combating the Trafficking in Women and

Children for Prostitution
In South Asian region, the South Asian Association for Regional Cooperation (SAARC) has
adopted the Convention on Preventing and Combating the Trafficking in Women and
Children for Prostitution which obligates States parties, under article III, to take effective
measures to ensure that trafficking is an offence under their respective criminal laws and
punishable by appropriate penalties.31

4.1.4.4. The Council of Europe Convention on Action against Trafficking in Human

Beings
It came into force in February 2008. The Convention obligates State parties to criminalize
trafficking in human beings and related offences. Legislation must ensure that the offences
are punishable by “effective, proportionate, and dissuasive sanctions”. The Convention also
obligates States parties to adopt legislative or other measures to assist victims in their
recovery, and provide compensation for them. Action has also been mandated by the
Council of Europe in its Recommendation (2002)5 of the Committee of Ministers to member
States on the protection of women against violence. The recommendation urges member
States to ensure that:32
(i) All acts of violence are punishable;
(ii) Swift and effective action is taken against perpetrators; and
(iii) Redress, compensation and protection and support is provided for victims.

31
Department of Economic and Social Affairs, Division for the Advancement of Women, ‘Handbook for Legislations on Violence against
Women’, United Nations Publications, New York (2010)
32
Ibid
4.1.5. Legislations in India
In India, various legislations have been enacted towards providing the rights of women. The
Constitution of India, in its Article 14, states the Right to Equality, Article 15 states the right
to non-discrimination, Article 19(1)(g) states the right to practice one’s profession and
Article 21 states the right to life. Besides these rights provided by the Constitution of India,
various other specific legislations have also been enacted and enforced to prevent violence
against women and protect women’s rights. These are enumerated as follows:
(i) Abolition of Sati in 1829;
(ii) Hindu Widow’s Remarriage Act 1856;
(iii) Special Marriage Act 1954 to promote inter caste, intercommunity marriages;
(iv) The Child Marriage Restraint Act 1929;
(v) The Prohibition of Child Marriage Act, 2006;
(vi) Hindu Women’s Right to Property Act 1937;
(vii) Suppression of Immoral Traffic in Women and Girls Act 1956;
(viii) Dowry Prohibition Act 1961;
(ix) The Indecent Representation of Women (Prohibition) Act 1986;
(x) Commission of Sati (Prevention) Act 1987;
(xi) Pre conception and Pre Natal Diagnostic Techniques (Prohibition of Sex selection)
(PCPNDT) Act, 1994;
(xii) Protection of Women from Domestic Violence Act, 2005
(xiii) The Sexual Harassment of Women at Workplace (Prevention Protection and
Redressal) Act, 2013

Apart from the above mentioned legislations, there are some other enactments pertaining
to industry containing special provisions for women such as, The Workmen’s Compensation
Act, 1921; Payment of Wages Act, 1936; Factories Act, 1948; Maternity Benefit Act, 1961;
Minimum Wages Act, 1948, Employees State Insurance Act 1948 and Pensions Act,1987 etc.

All the above mentioned international and regional legislations have been enacted and
enforced with a common goal of protecting women, their fundamental rights and to prevent
violence against women across the world. Apart from these legislations which are being
implemented in various countries across the world by the governments, it is also very
important for the government machinery to conduct various awareness programmes and
provide educational and all other facilities to the women in that country so as to develop
skills, build confidence, develop leadership qualities and apprise them about their rights.
The states and governments need to work towards bringing equality among men and
women in their regions so as to uplift the conditions of the society and reduce violence and
crimes taking place against women.

5.1 Conclusion
Women and the growing violence against them have become pervasive in the society. The
patriarchal system of the society and the approach and attitude of men towards women as
downtrodden has fuelled and developed violence and various crimes against women.
Despite having so many enactments and legislations at the international and regional level
which deal with women, the oppressed and poor conditions of women have not been
improved and they are still facing all types of atrocities, violence and abuses. This proves the
failure of the legislative, executive and judicial machinery in the country to protect the
women from the hands of perpetrators and also fails to provide respect to women in the
patriarchal form of society. The inequality status prevalent between the men and women
cannot be bridged by just enacting and enforcing legislations unless public support is sought
for. It has also been clear from the situation that century old practice existing in the society
cannot be eliminated in few days. It will take a lot of time to make people understand and
realize their rights, equality and humanity and make them aware of their development
through education, awareness programmes etc. These legislations enacted are not
supported by the will of the people. They public is not aware of such steps which have been
taken for the upliftment of women in the society and hence it faces great resistance and
opposition from the conservative thought of the society. To improve the status of the
women in the society, prevent the violence against women and protect them is the need of
the hour. Since the conservative social thinking is deeply rooted in the society, there is a
need that such legislations should to be enacted with the support and strong public
willingness and opinion.