GENDER JUSTICE: GENDER EQUALITY AND VIOLENCE AGAINST WOMEN

INTRODUCTION

Gender justice?is a basic human right which every woman is entitled to live with dignity and freedom, without any fear.?Gender Justice?is indispensable for development, poverty reduction, and is crucial to achieve human progress. It is the full equality and equity between women and men?in all spheres of life, resulting in women jointly, and on an equal footage with men, defining and shaping the policies, structures and decisions that affect their lives and society as a whole.

It is a harsh reality that women have been ill-treated in every society over the globe for ages including in India. The irony lies in fact that in our country where women are worshipped as Goddess, the atrocities are committed against her in all sections of life. She is being looked down as commodity or as a slave, she is not robbed of her dignity and pride outside her house but she also faces ill-treatment and other atrocities within the four walls of her house. They are considered as an object of male sexual enjoyment and reproduction of children. They are discriminated at two levels, firstly they suffer because of their gender and secondly due to existing norms in the society.

Gender justice speaks to redress the inequalities between women and men that result in women's subordination to men, which is an outcome and a process that helps to differentiate between what is to be achieved and how it is to be achieved. Gender justice, as an outcome, implies access to and control over resources, combined with agency and the ability to make choices. Gender justice as a process brings an additional essential?element: accountability, which implies the responsibility and answerability of precisely those social institutions set up to dispense justice. Understanding the ideological and cultural justifications for women's subordination within each arena can help identify how to challenge patterns of inequality.

Gender justice entails ending the inequalities between women and men that are produced and reproduced in the family, the community, the market and the state. It also requires that mainstream institutions — from justice to economic policymaking — are accountable for tackling the injustice and discrimination that keep too many women poor and excluded.

Men often have more power and a higher status than women, which is seen in private and public life: in the home, workplace and community. This imbalance is known as?gender inequality. The lack of women’s empowerment is a critical form of inequality. While there are many barriers to empowerment, violence against women and girls is both a cause and a consequence of gender inequality. It is found to be a global phenomenon that cuts across boundaries of age, socioeconomic status, education and geography. Evidence also indicate that gender inequality also has an impact on the lives of many women beyond the survivors. The fear of violence can prevent women from pursuing education, working or exercising their political rights and voice. A?recent survey ?shows that in every region of the world, women consistently feel more insecure than men, although the levels of insecurity significantly vary across regions.

Violence against women is found to be not only a cause of gender inequality but a consequence of it. In many places, gender-based violence is reinforced by discriminatory laws and exclusionary social norms that undermine women and girl’s opportunities for education, income and independence. Evidences also indicate that violence against women accompanies shifting power relations within households and communities, especially when there is resentment against women who move away from conventional roles.

Violence against women is a social, economic, developmental, legal, educational, human rights, and health (physical and mental) issue. It is a preventable cause of morbidity and mortality in women. The relationship between violence against women and mental illness has not been adequately explored. Application of laws related to violence in the setting of mental illness is difficult. Despite the social and religious sanctions against it in all cultures, it has continued.

Estimates by the World Health Organization (WHO) indicate that?about 1 in 3 (35 percent) of women and girls ?worldwide have experienced physical and/or sexual in their lifetime.?

FACTS AND FIGURES

Estimates from the?2015 Global Human Development Report ?show that even though women carry out the major share of global work (52 percent), they face disadvantages in both paid and unpaid work.?

• They perform three times more unpaid work than men - 31 percent vs 10 percent.
• In terms of remuneration, they earn 24 percent less than their male counterparts.?
• Women still hold only 22 percent of senior leadership jobs in businesses, and fewer than 25 percent of senior political and judicial positions.

The India scenario

The widespread socio-economic dependency of women underlines this unbalanced equation with their husbands and other family members. The fear of social exclusion and banishment, and the lack of effective response to violence sees the Indian woman face continuing violence and intimidation. Unfortunately, cases of violence against women and girls in India continue to rise. They are supported by the persistence of patriarchal gender and social norms. The indicators of violence against women are a reflection of the structural and institutional inequality that is a reality for most women in India. The following are the findings based on the National Family Health Survey (NFHS-4):-

• 30 percent women in India in the age group of 15-49 have experienced physical violence since the age of 15.?
• 6 percent women in the same age group have experienced sexual violence at least once in their lifetime.?
• About 31 percent of married women have experienced physical, sexual or emotional violence by their spouses.
• India’s average rate of reported rape cases is about 6.3 per 100,000 of the population. (However, this differs in places like Sikkim and Delhi, which have rates of 30.3 and 22.5, respectively, while Tamil Nadu has a rate of less than one.)

The interpretation of state-wise difference also depends on ‘reported’ cases, and could suffer from under-reporting. According to a recent report by Live mint, about 99 percent cases of sexual violence go unreported. The extent of under-reporting tends to be higher on average in states with a low female literacy. In states like Bihar, Uttar Pradesh and Jharkhand, less than 0.5 percent of incidents of violence against women were reported.?

Statistics for crime against women in India

CRIME HEAD

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

Rape

16075

16373

15847

18233

18359

19348

20737

21467

21397

22172

24206

24923

Kidnapping and Abduction of Women & Girls

14645

14506

13296

15578

15750

17414

20416

22939

25741

29795

35565

38262

Dowry Deaths

6851

6822

6208

7026

6787

7618

8093

8172

8383

8391

8618

8233

Assault on women with intent to outrage her modesty

34124

33943

32939

34567

34175

36617

38734

40413

38711

40613

42968

45351

Insult to the modesty of Women

9746

10155

12325

10001

9984

9966

10950

12214

11009

9961

8570

9173

Cruelty by Husband or his relatives

49170

49237

50703

58121

58319

63128

75930

81344

89546

94041

99135

106527

Importation of Girls from Foreign Country

114

76

46

89

149

67

61

67

48

36

80

59

Immoral Traffic (P) Act

8796

6598

5510

5748

5908

4541

3568

2660

2474

2499

2435

2563

Dowry Prohibition Act

3222

2816

2684

3592

3204

4504

5623

5555

5650

5182

6619

9038

Indecent Representation of Women (P) Act

1052

2508

1043

1378

2917

1562

1200

1025

845

895

453

141

Commission of Sati (P) Act

0

0

0

0

1

0

0

1

0

0

1

0

Source:- NCRB

Statistics for crime against Women for the state of Tamil Nadu

CRIME HEAD

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

RAPE

423

534

557

618

571

457

523

573

596

686

677

737

KIDNAPPING & ABDUCTION

607

714

632

692

783

718

1097

1160

1133

1464

1743

1693

DOWRY DEATH

191

243

220

225

215

187

208

207

194

165

152

110

ASSAULT ON WOMEN WITH INTENT TO OUTRAGE HER MODESTY

1773

1877

2022

1861

1764

1179

1540

1705

1242

1405

1467

1494

INSULT TO THE MODESTY OF WOMEN

1012

1718

881

1081

665

852

875

974

501

638

464

382

CRUELTY BY HUSBAND OR RELATIVES

815

1052

1555

1437

1650

1248

1976

1648

1460

1570

1812

1965

IMMORAL TRAFFIC(PREVENTION)ACT

5232

3530

2839

3022

2777

1732

1199

687

716

567

420

500

INDECENT REPRESENTATION OF WOMEN(PREVENTION)ACT

11

5

6

102

30

35

25

4

2

14

10

34

TOTAL CRIMES AGAINST WOMEN

10111

9798

8888

9332

8648

6489

7811

7220

6051

6708

6940

7192

Source:- NCRB

CAUSES IDENTIFIED FOR VIOLENCE AGAINST WOMEN

Men often feel pressure to take up the dominant role and in control which is also part of many age-old customs and rituals, where it was a belief that men must be strong and powerful. The following aspects were identified as the causes for violence against women in general

• Gender -stereotyping norms
• Accepting and approving of men’s violence against women
• Men controlling decision-making
• Limits to women’s independence in public and private life
• Interactions between men that are aggressive and disrespectful towards women.
• Discriminating women to take up all kinds of jobs that men do.
• Exposure to violence during brought up.
• Alcohol and substance use
• Certain cultural and religious practices
• Lack of knowledge of laws
• Loss of traditional family and community support systems

Broader discriminatory or gender-stereotyping norms – for example supporting male dominance or entitlement – are also associated with attitudes tolerant of violence against women and girls, including attitudes and practices that reinforce female subordination (e.g. dowry, bride price, child marriage); and the normalized use of violence and aggression within the family or society to address conflict.?

Women themselves may be conditioned by these social norms to accept violence, with surveys conducted in various countries showing that in many context women will report that violence is justified in a number of cases. Societies that value women’s participation and representation, and where there are fewer economic, social or political differences in power between men and women, have lower levels of violence against women

The role played by the Judiciary in India

The Indian Judicial System has independently and effectively intervened on the issue of women emancipation in the following landmark judgments: -

• In?C.B.Muthamma V. Union of India the Supreme Court struck the discriminatory provisions against women and held it as un constitutional. In this case the validity of the Indian Foreign Service (Conduct & discipline) Rules of 1961 was challenged which provided that a female employee to obtain a written permission of the Government in writing before her marriage is solemnized and at any time after a marriage a women member of the service may be required to resign from service.?

• In?Air India V Nargesh Mirza, the Supreme Court struck down the provision of rules which stipulated that termination of service of an air hostess on her first pregnancy as arbitrary and abhorrent to the notions of a civilized society.?

• In?Pratibha Ranu V Suraj Kumar?the Supreme Court held that the dowry of a married women has to be placed in her custody, and she enjoys complete control over it, The mere fact she is living with her husband and using the dowry items jointly does not make any difference and affect her right of absolute ownership over them.?

• In?Gita Hariharan V Reserve Bank of India, the Supreme Court interpreted section 6 of the Hindu Minority and Guardianship Act 1956 and held that the mother could act as the natural guardian of the minor during the father's lifetime if the father was not in charge of the affairs of the minor.

• In?Vishaka and others V State of Rajasthan , the Supreme Court held that sexual harassment of working women at her place of an employment amounts to violation of rights of gender equality and right to life and liberty which is clear violation of Article 14, 15 and 21 of the Indian Constitution. The Court further observed that the meaning and content of the fundamental rights guaranteed in the Constitution of India are of sufficient amplitude to encompass all the facts of gender equality including prevention of sexual harassment or abuse. Further Supreme Court in this case said that, as there is no law relating to sexual harassment in India, therefore the provisions of International Conventions and norms are to taken into consideration, and charted certain guidelines to be observed at all work places or other institutions, until a legislation is enacted for the purpose.

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NEED OF THE DAY

Hence, it is felt that policy interventions should focus on the longer-term by changing discriminatory social norms; closing gender gaps whether they are educational, economic or social level; or building awareness against discrimination against women.

Innovative and aggressive policy that aims to change outcomes (such as increasing women’s voice in the community) may change norms. Although norms should guide the design of culturally sensitive policies and programs, they should not constrain or undermine initiatives.

Progress has been made on many important fronts, such as closing gaps between men and women in primary education and political participation; but there has been inertia and stagnation in others, as employment. A much greater effort is needed to tackle the patterns of violence that cut deep into many societies so that they are not perpetuated across generations. Collecting more data is an important first step.?

LEGISLATIVE RESPONSE

International: There are a number of international Instruments to curb violence against women. The United Nations General Assembly resolution endorsed the urgent need for the universal application of women's rights of equality, security, liberty integrity and dignity. The following are the few International responses:-

• Article 55 and 56 of United Nations charter cast a legal obligation on United Nations organization to promote respect for equality and human rights.
• The Universal Declaration of Human Rights, article 5, states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• United Nations world conferences on women. There have been three conferences held on women. One in Mexico in 1975, the second in Copenhagen in 1980, and the third one in Nairobi, wherein strategies were framed to promote gender equality and opportunities for women. These were based on three objectives: Equality, development and peace.
• The Vienna Declaration, 1993 calls for action to integrate the equal status human rights of women. It stresses toward elimination of violence against women in public and private life.?
• The Beijing conference, 1995 provided a platform for concentration on some of the key issues identified as fundamental obstacles to the advancement of majority of women in the world. It focused on issues such as discrimination against women, violence against women, etc.
• The Convention on Elimination of all forms of Discrimination against Women (CEDAW), 1981, to which 166 countries are members, is a landmark document because it framed violence against women within the framework of human rights. It identified female as the primary risk factor for violence and broadened the definition of gender violence (to include all aspects of women's life).

NATIONAL LEGAL REMEDIES?

The following are the important legal remedies framed in India to safe guard women and to render justice:-

• Article 14 of the Constitution of India which stipulates gender equality.
• Article 21 of the Constitution of India is on right to live; right to live with human dignity. Difference in treatment between men and women by the state is totally prohibited on grounds of religion race, caste, sex or place of birth.?
• The National Commission for Women: It was set up as a statutory body in January 1992 under the National Commission for Women Act, 1990 to review the constitutional and legal safeguards for women; recommend remedial legislative measures, facilitate redress of grievances and advise the Government on all policy matters affecting women.
• The Supreme Court guidelines on sexual harassment at work place: For the first time, the Court drew upon an international human rights law instrument, the CEDAW to pass a set of guidelines. The Court defined sexual harassment at work place as any unwelcome gesture, behaviour, words or advances that are sexual in nature. “It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.”
• The legislation relating to violence against women comprises the Indian Penal Code (IPC), civil law and special laws.
• Dowry and dowry death: The Dowry Prohibition Act (DPA), 1961 applies to all people, Hindus, Muslims, Christians, Parses and Jews. Giving, taking or abetting the giving or taking of dowry is an offence, which is punishable. Several states (Bihar, West Bengal, Orissa, Haryana, Himachal Pradesh, and Punjab) amended the DPA to give it more teeth. The law was found to fail to stall the evil.
• Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances, within 7 years of marriage, and if shown that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with any demand of dowry, such death shall be called “dowry death” and such husband or relative shall be deemed to have caused her death (IPC 304-B).] 113-B Indian Evidence Act, 1872, was inserted for the presumption as to dowry death.
• Abetment of suicide of child or insane person: If any person under 18 years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life or imprisonment for a term not exceeding 10 years and shall also be liable for fine (305 IPC). However, the difficulty is that if it is shown the victim has major mental illness, the benefit of doubt is given to the accused and he is acquitted.
• Abetment of suicide: If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable for fine (306 IPC). 113-A of Indian Evidence Act, 1872, relates to the presumption as to abetment of suicide. The offences of dowry and abetment of suicide are cognizable, nonbailable and non-compoundable.
• Sexual offences: A man is said to have committed rape if he has sexual intercourse with a woman against her will and consent; or with her consent when the man knows that he is not her husband or when she thinks that he is her lawful husband; or with her consent when she is of unsound mind or is intoxicated by herself or the man. However, sexual intercourse by a man with his own wife, the wife not being under 15 years, is not rape (375 IPC). The latter provision seems deficient as it does not include marital rape.
• Voluntarily having carnal intercourse against the order of nature with any man, woman, or animal is an offence for which the person shall be imprisoned for life and shall also be liable for fine. This provision is hardly used (377 IPC).
• Of cruelty by husband and relatives of husband: The intentional conduct of the husband or his relative that is likely to drive the women to commit suicide or cause physical or mental trauma to her or harassment of a woman with a view to coercing her or any of her relative to meet any unlawful demand for property would be punishable by imprisonment for 3 years and fine (498A IPC). This is the most widely used provision against domestic violence.
• Other offences in mentioned in IPC are: Causing miscarriage (312 IPC), causing miscarriage without woman's consent (313 IPC), death caused by an act done with intent to cause miscarriage; if act was done without woman's consent (314 IPC), act done with intent to prevent child being born alive or to cause it to die after birth (315 IPC) and causing death of quick unborn child by act not amounting to culpable homicide (316 IPC).
• The Family Courts Act, 1984: The Act was established with a view to promote conciliation in, and secure speedy settlement of disputes relating to marriage and family affairs.
• The Indecent Representation of Women (Prohibition) Act, 1986.: This Act prohibits the indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner is prohibited.
• The Commission of Sati (prevention) Act, 1987:] This Act is for the prevention and glorification of sati.
• Protection of Women from Domestic Violence Act, 2005: The Protection of Women from Domestic Violence Act (PWDVA), 2005 was enacted to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected thereto. It recognizes 4 types of domestic violence: Physical, verbal, and emotional (including not having a child or a male child, marrying without consent), and economic (including violence related to Sridham, dowry, property) and sexual (includes sexual abuse and marital rape).
• The Aggrieved person (AP) is a woman who has been in a domestic relationship with the respondent. The respondent is any adult male person who is, or has been in a domestic relationship with the AP and against whom the AP has sought relief. The AP or any person can complain directly (verbal), telephonically or via E-mail. There is provision for various orders (protection, residence, maintenance (monetary relief), custody orders and emergency help. There is also provision for assistance (counselor, police, and assistance for initiating criminal proceedings, shelter home, medical facilities, and legal aid).
• The PWDVA is good in many ways. It is friendly even to the poor and illiterate women; it educates the woman regarding the rights and available assistance; provides many reliefs (which facilitate psychosocial rehabilitation), free legal advice and help to initiate legal proceedings against respondent; it attempts to restore the family; and last, but not the least, it empowers the woman. The main criticism against PWDVA is that mental illness in AP or respondent is ignored. Apart from this, there are mixed reactions toward few legislations, especially PWDVA, DPA and IPC 498A, because they have been frequently abused and are considered as “anti-men.”

Therefore, Gender justice which is an indispensable factor is essential to be achieved for the development of human progress.

Suggestions for achieving gender equality and containing violence against women by legally empowering women

Some of the important suggestions are as follows

1. Make education gender sensitive by inculcating various issues towards achieving gender equality at school level.
2. By closing the gap in various educational sector.
3. By closing the gap in various sectors of employment in executive, judiciary, legislature, medical and military service by ensuring equal representation of men and women.
4. By enacting stringent punishments for violence against women in various Laws.
5. Including women in decision-making process at all levels right from schools and colleges in Educational sector to defence issues.
6. Amendments in personals Laws which show women second to men.?

Bibliography and webliography

Gender Justice, Citizenship and Development, Maitrayee Mukhopadhyay and Navsharan Singh, published (2007) Zubaan, an imprint of Kali for Women, K-92, First Floor, Hauz Khas Enclave, New Delhi.

1. https://www.undp.org/content/undp/en/home/blog/2018/violence-against-women-cause-consequence-inequality.html
2. https://www.whiteribbon.org.au/understand-domestic-violence/what-is-violence-against-women/causes-domestic-violence/

What causes violence against women? Ending violence against women requires change at all levels of the socio-political system-Lara Fergus, Published 2013????

Violence against women: Where are the solutions?-Indira Sharma , 2018.

1. Data provided as open source of National Crime Record bureau (NCRB)

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