UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES

BBA-LL.B (HONS.)
SEMESTER 5
ACADEMIC YEAR: 2014-2015

SESSION: JULY- DECEMBER

PROJECT FOR INDIAN PENAL CODE

Analysis of Crimes against Women from 2009-2013
Under the Supervision of: Ms. Kavya Salim

TABLE OF CONTENTS

1.
2.
3.
4.
5.
6.
7.
8.

Introduction
What is a Crime?
Crimes Against Women
Analysis of Data of Crimes Against Women from 2009-2013
The Most Prevalent Crimes Against Women
Position of Women in Todays Times
Conclusion
Bibliography

INTRODUCTION
Centuries have come, and centuries have gone, but the plight of women is not likely to change.
Time has helplessly watched women suffering in the form of discrimination, oppression,

exploitation, degradation, aggression, humiliation. In Indian society, woman occupies a vital

position and venerable place. The Vedas glorified women as the mother, the creator, one who
gives life and worshipped her as a Devi' or Goddess. But their glorification was rather mythical
for at the same time, in India women found themselves totally suppressed and subjugated in a
patriarchal society. Indian women through the countries remained subjugated and oppressed
because society believed in clinging on to orthodox beliefs for the brunt of violence domestic as
well as public, Physical, emotional and mental. Male violence against women is a worldwide
phenomenon. Fear of violence is an important factor in the lives of most women. Fear of
violence is the cause of lack of participation in every sphere of life. There are various forms of
crime against women. Sometimes it is even before birth, some times in the adulthood and other
phrases of life. In the Indian society, position of women is always perceived in relation to the
man. This perception has given birth to various customs and practices. Violence against women
both inside and outside of their home has been a crucial issue in the contemporary Indian society.
Women in India constitute near about half of its population and most of them are grinding under
the socio-cultural and religious structures. One gender has been controlling the space of the
India's social economic, political and religious fabric since time immemorial. The present study
felt the need that in the era of globalization and modernization the present trends of crimes
against women is on increase. Recently the brutal gang rape against 23 year student in Delhi
again sparked the debate on Indian mental set up and existing law and order in the Country.

WHAT IS A CRIME?
CRIME has different meanings in different areas, nature, perception, society etc.

 In Laymans Language
The definition of crime is illegal or immoral activities.

When a person steals something or commits murder, this is an example of crime.

Polluting the water, even if it is not illegal to do so, is an example of a crime; a crime
against nature.

Websters New World Dictionary

An act committed in violation of a law prohibiting it, or omitted in violation of a law ordering it;
often, specif., such an act of a serious nature, as a felony: crimes are variously punishable by
death, imprisonment, or the imposition of certain fines or restrictions: the range of crime includes
felonies and misdemeanors, but not petty violations of local ordinances.
The American heritage DictionaryAn act committed in violation of law where the consequence of conviction by a court is
punishment, especially where the punishment is a serious one such as imprisonment.
Legal Dictionary1. The act committed or omitted in violation of a law forbidding or commanding it and for which
punishment is imposed upon conviction.
2. Unlawful activity: statistics relating to violent crime.
3. A serious offense, especially one in violation of morality.
4. An unjust, senseless, or disgraceful act or condition: It's a crime to squander our country's
natural resources.

CRIMES AGAINST WOMEN

A society that is unable to respect, protect and nurture its women and children loses its moral
moorings and runs adrift. (The Hindu- Opinion Sept, 15 2011)

Although Women may be victims of any of the general crimes such as Murder,
Robbery,Cheating, etc, only the crimes which are directed specifically against Women are
characterized as Crimes against Women. Various new legislations have been brought and
amendments have been made in existing laws with a view to handle these crimes effectively.
These are broadly classified under two categories.
The Crimes under the Indian Penal Code (IPC)
(i) Rape (Sec. 376 IPC)
(ii) Kidnapping & Abduction for specified purposes (Sec. 363 - 373 IPC)
(iii) Homicide for Dowry, DowryDeaths or their attempts (Sec. 302/304-B IPC)
(iv)Torture - both mental and physical (Sec. 498-A IPC)
(v) Molestation (Sec. 354 IPC)
(vi)Sexual Harassment (Eve Teasing) (Sec. 509 IPC)
(vii) Importation of girls (upto 21 years of age) (Sec. 366-B IPC)
The Crimes under the Special & Local Laws (SLL)
Although all laws are not gender specific, the provisions of law affecting women significantly
have been reviewed periodically and amendments carried out to keep pace with the emerging
requirements. The gender specific laws for which crime statistics are recorded throughout the
country are (i) Immoral Traffic (Prevention) Act, 1956
(ii) Dowry Prohibition Act, 1961
(iii) Indecent Representation of Women (Prohibition) Act, 1986
(iv)Sati Prevention Act, 1987
Violence against women has become a prominent topic of discussion in India in recent years.
Politicians and media have placed great focus on the issue due to continuously increasing trends

during 2008-2012. According to the National Crime Records Bureau of India, reported incidents
of crime against women has increased 6.4% during 2012, and a crime against a woman is
committed every three minutes. In 2012, there were a total of 2,44,270 reported incidents of
crime against women, while in 2011, there were 2,28,650 reported incidents.Of the women living
in India, 7.5% live in West Bengal where 12.7% of the total reported crime against women
occurs. Andhra Pradeshis home to 7.3% of India's female population and accounts for 11.5% of
the total reported crimes against women. 65% of Indian men believe women should tolerate
violence in order to keep the family together, and women sometimes deserve to be beaten. In
January 2011, the International Men and Gender Equality Survey (IMAGES) Questionnaire
reported that 24% of Indian men had committed sexual violence at some point during their lives.1

ANALYSIS OF DATA OF CRIMES AGAINST WOMEN FROM 20092013

1http://en.wikipedia.org/wiki/Violence_against_women_in_India

Violence against women in India has recently been brought to the worlds attention. But
for too long the problem has been under reported. This column looks at what the data can
tell us.
A recent G20 survey ranked India as the worst place to be a woman (Baldwin 2012). Female
foeticide, domestic violence, sexual harassment, and other forms of gender-based violence
constitute the reality of most girls and womens lives in India. That domestic violence in India
and globally is grossly underreported in surveys and to the police is well known. 2 But my recent
analysis shows that there is a gap between what is reported in the national surveys such as the
National Family Health Survey (NFHS-3) and the figures from the polices National Crime
Records Bureau (NCRB).3How large is this gap and what can it tell us?
Our analysis presents some surprising findings:
First, the disparity in reporting of domestic violence between the NFHS 4and NCRB (2009)
ranges from a Difference of around 6% for Himachal Pradesh to a high of 58% in Bihar that is,
in Bihar, half of domestic violence cases reported in surveys are not reported to the police.
Unexpectedly, Southern India with greater gender fairness has larger gaps (44% in Tamil Nadu,
32% in Andhra Pradesh and 20% in Karnataka).

2Heise 1998, Ellsberg et al. 2001, ICRW 2001, and Jansen et al. 2004.
3The two primary sources of data are the National Family and Health Survey (NFHS3) and the National Crime Records Bureau Reports. The base year for analysis is
taken as 2009 because it is closest to the 2005 NFHS-3 in terms of chronology. Chisquare tests and other non-parametric tests have been used to identify statistically
significant differences.
4The following acts have been classified as sexual violence in the NFHS-3: D105 (H)
ever physical forced sex when not wanted, D105I ever forced other sexual acts.
Less Severe Violence D105A-D105 includes the following acts: spouse ever pushed
shook or threw something, spouse ever slapped, spouse ever punched with fist or
something harmful and spouse ever kicked or dragged. Severe Domestic Violence
D105E-F includes: spouse ever tried to strangle or burn or spouse ever threatened
or attacked with knife or gun or other weapon. - See more at:
http://ideasforindia.in/article.aspx?article_id=105#sthash.Ru3IPBbD.dpuf

Second, even within the national survey, the severity of violence is likely to be under emphasized
because the correlation between injuries sustained as a result of domesticviolence varies very
little between severe and less severe instances of abuse.In other words, those reporting less
severe abuse may in fact be suffering far more.
Third, despite the provision for the anti-dowry law 304(B) (to prosecute deaths due to dowry
harassment) to be read alongside 498(A) (to prosecute domestic violence), this is frequently not
the case particularly in Bihar, Uttar Pradesh and Odisha.

PREVALENCE OF VIOLENCE
According to the national survey, the statistics on violence against women in India are stark.
Nationally, 8% of married women have been subject to sexual violence, such as forced sex, 31%
of married women have been physically abused in a way defined as less severe, such as
slapping or punching, while 10% have suffered severe domestic violence, such as burning or
attack with a weapon. Also, 12% of those who report being physically abused also report at least
one of the following injuries as a result of the violence: bruises (D110A), injury, sprains,
dislocation or burns (D110B), wounds, broken bones or broken teeth (D110D) and/or evere
burns (D110E). With regard to emotional abuse, 14% of Indian women will have experienced
this at some point in their lives.5
Figure 1 shows that 31% of married women from Tripura, 20% from Bihar, 19% from Assam
and 15% from Uttarakhand report injuries as a result of physical violence. 6 Above-average rates
of less severe domestic violence are reported by women in Bihar, Tamil Nadu, UP, MP,
Rajasthan, Manipur, Tripura, Arunachal Pradesh, Assam, Jharkhand, Orissa and Andhra Pradesh.
With regard to severe instances of domestic violence, the same group of states reappear, with the
exception of Assam and Manipur, but including West Bengal. Above-average levels of sexual
violence are reported by the same states with the notable exceptions of Andhra Pradesh and
Tamil Nadu but including Manipur and Assam.
5Emotional abuse (D103A-D105C) includes the following acts: spouse has
humiliated respondent, spouse has threatened respondent with harm, spouse has
insulted respondent or made respondent feel bad.
6Differences between states are statistically significant at the 0.01 level.

Crime Head-wise Incidents of Crime against Women during 2007 - 2011 and
Percentage variation in 2011 over 2010

2009 20102011
1. Rape (Sec. 376 IPC)

21,397

22,172

24,206

2. Kidnapping & Abduction (Sec. 363 to 373IPC)

25,741

29,795

35,565

3. Dowry Death (Sec. 302 / 304 IPC)

8,383

8,391

8,618

4. Cruelty by Husband and Relatives (Sec. 498-A IPC)

89,546

94,041

99,135

5. Molestation (Sec. 354 IPC)

38,711

40,613

42,968

6. Sexual Harassment (Sec. 509 IPC)

11,009

9,961

8,570

48

36

80

2,474

2,499

7. Importation of Girls (Sec. 366-B IPC)

8. Sati Prevention Act, 1987
9. Immoral Traffic (Prevention) Act, 1956

10. Indecent Representation of Women (Prohibition) Act, 1986 845

11. Dowry Prohibition Act, 1961

5,650

5,182

Total

2,03,804 2,13,585

895
6,619

2,28,650

2,435
453

Proportion of Crime against Women (IPC) towards total IPC Crimes

S.No.

Year Total IPC crimes

IPC Cases

Percentage to total IPC Crimes

1)

2009

2,03,804

9.2

2)

2010

2,13,585

9.6

3)

2011

2,19,142

9.4

Rape (Sec. 376 IPC)

A mixed trend in the incidence of rape has been observed during the periods 2008 - 2011. These
cases have reported an increase of 3.5% in the year 2008 over the year 2007, a decline of 0.3% in
the year 2009 over 2008 and an increase of 3.6% in 2010 over 2009 and further an increase of
9.2% in the year 2011 over the year 2010.

Kidnapping & Abduction (Sec.363-373 IPC)

These cases have reported an increase of 19.4% during the year as compared to previous year
(29,795 cases).

Molestation (Sec. 354 IPC)

Incidents of Molestation in the country have increased by 5.8% over the previous year (40,613
cases).
Dowry Deaths (Sec. 302, 304B IPC)

The cases of Dowry Deaths haveincreased by 2.7% during the year2011 over the previous year
(8,391 cases)

Sexual Harassment (Sec. 509 IPC)

The number of such cases has decreased by 14.0% during the year over the previous year (9,961
cases).
Torture (Cruelty by Husband &Relatives) (Sec. 498-A IPC)
Torture cases in the country have increased by 5.4% over the previous year (94,041 cases
Importation of Girls (Sec. 366-B IPC)
An increase of 122.2% has been observed in Crime Head as 80 cases were reported during the
year 2011 as compared to 36 cases in the previous year (2010).

Crimes against Women from 2012-2013

Through the stats given below , we can easily understand the rate of crime against women.
TABLE-5.1
Incidence & Rate of Crime Committed Against Women In States, UTs and Cities During
2013

Crime against Women (An Analysis)

2012 : 2,44,270
2013 : 3,09,546

2012 : 41.7
2013 : 52.2

Andhra Pradesh reported 10.6% of total such cases in the country (32,809 out of 3,
09,546 cases). Delhi UT reported the highest crime rate (146.8) as comparedto the

national average rate of 52.2.

The proportion of IPC crimes committed against women under total IPC crimeshas

increased during last 5 years from 9.2% in the year 2009 to 11.2% duringthe year 2013.
Madhya Pradesh has reported the highest number of rape cases (4,335), assault on
women with intent to outrage her modesty (8,252 cases) and West Bengal has reported
highest number of importation of girls from foreign country (9 cases) accounting for

12.9%, 11.7% and 29.0% respectively of total such cases reported in the country.
Andhra Pradesh has reported 37.4% (4,702 cases) of total insult to the modesty of women

cases reported in country during 2013.

0.6% increase in cases reported under Immoral Traffic (Prevention) Act (from2,563 in
2012 to 2,579 in 2013) was observed during 2013 over 2012. TamilNadu with 549 cases
has accounted for 21.3% of total such (2,579 cases)followed by Andhra Pradesh (489

cases) with 19.0%.

Highest incidents of kidnapping & abduction 18.8% (9,737 cases) and dowry deaths

28.9% (2,335 cases) were reported in Uttar Pradesh.

Offenders were known to the victims in 94.3% of rape cases (31,807 out of 33,707 cases).
A total of 53,464 cases of crime against women were reported from 53 megacities out of
3,09,546 cases reported in the country during 2013. The rate of crimein these cities at

69.7 was comparatively higher as compared to national rate at52.2.

Among 53 mega cities, Delhi (City) accounted for 21.4% (11,449 cases) of suchcrimes
followed by Mumbai 5.5% (7,946 cases), Bengaluru 4.9% (2,608 cases)and Ahmadabad
4.6% (2,449 cases)

THE MOST PREVALENT CRIMES AGAINST WOMEN

Of all the major acts of crime committed against women there are some which are the most
gruesome and the most prevalent forms of acts of violence against women in India. To name a
few, which would be elaborated in this project are

Rape
Female Infanticide
Domestic Violence
Acid Throwing
Dowry Deaths
Human trafficking and forced Prostitution

These are few of the major crimes committed against women in India. It is important to elucidate
upon these.
Rape
According to the Indian Penal Code, rape law is contained in Section 375. In recent decades,
before February 3, 2013, the Indian penal code defined rape under Section 375 as:
Rape: A man is said to commit "rape" who, except case hereinafter excepted, has sexual
intercourse with a woman circumstances falling under any of the six following descriptions:Firstly, -- 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 the under 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 sixteen years of age.

Explanation. Penetration is sufficient to constitute the sexual intercourse necessary to the

offence of rape.
Exception. Sexual intercourse by a man with his own wife, the wife not being under fifteen
years of age, is not rape.
The above definition excluded marital rape, same sex crimes and considered all sex with a minor
below the age of 16 as rape. Effective February 3 2013, the definition was expanded to include
same sex crimes and raised the age of consent to age 18. Rape is now included as a crime of
sexual assault, which is currently defined for the purposes of Indian penal code as:
A person is said to commit sexual assault if that person (a) penetrates his penis, to any extent,
into the vagina, mouth urethra or anus of another person or makes the person to do so with him
or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the
penis, into the vagina, the urethra or anus of another person or makes the person to do so with
him or any other person; or (c) manipulates any part of the body of another person so as to cause
penetration into the vagina, urethra, anus or any part of body of such person or makes the person
to do so with him or any other person; or (d) applies his mouth to the penis, vagina, anus, urethra
of another person or makes such person to do so with him or any other person; (e) touches the
vagina, penis, anus or breast of the person or makes the person touch the vagina, penis, anus or
breast of that person or any other person, except where such penetration or touching is carried
out for proper hygienic or medical purposes under the circumstances falling under any of the
following seven descriptions:
Firstly, Against the other persons will.
Secondly. Without the other persons consent.
Thirdly. With the other persons consent when such consent has been obtained by putting such
other person or any person in whom such other person is interested, in fear of death or of hurt.
Fourthly. When the person assaulted is a female, 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 to be lawfully married.
Fifthly With the consent of the other person when, at the time of giving such consent, by reason
of unsoundness of mind or intoxication or the administration by that person personally or

through another of any stupefying or unwholesome substance, the other person is unable to
understand the nature and consequences of that action to which such other person gives consent.
Sixthly. With or without the other persons consent, when such other person is under eighteen
years of age.
Seventhly. When the person is unable to communicate consent.
Explanation 1. Penetration to any extent is penetration for the purposes of this section.
Explanation 2. For the purposes of this section, vagina shall also include labia majora.
Explanation 3. Consent means an unequivocal voluntary agreement when the person by words,
gestures or any form of non-verbal communication, communicates willingness to participate in
the specific act: provided that, a person who does not physically resist to the act of penetration
shall not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception. Sexual intercourse or sexual acts by a man with his own wife, the wife not being
under sixteen years of age, is not sexual assault.
Even after the 2013 reform, marital rape is not a crime in India. However, it is considered a form
of prosecutable domestic violence under different sections of Indian penal code, such as Section
498(A) as well as the Articles of Domestic Violence Act, 2005.
The rape statistics are as follows
According to National Crime Records Bureau of India, 24,923 rape cases were reported across
India in 2012, while the 5 year average over 2007-2011 was 22,000 rapes a year.Adjusted for
population growth over time, the annual rape rate in India has increased from 1.9 to 2.0 per
100,000 people over 2008-2012 period. This compares to a reported rape rate of 1.2 per 100,000
in Japan, 3.6 per 100,000 inMorocco, 4.6 rapes per 100,000 in Bahrain, 12.3 per 100,000
in Mexico, 24.1 per 100,000 in United Kingdom, 28.6 per 100,000 in United States, 66.5 per
100,000 inSweden, and world's highest rate of 114.9 rapes per 100,000 in South Africa.
Total reported number of rape crimes in 2012 was highest in Madhya Pradesh, followed by Uttar
Pradesh and West Bengal. Among major cities, Delhi reported the highest number of rapes in
2012, followed by Mumbai.

Adjusted for population, the rape rate per 100,000 people was highest in Mizoram(10.4),
followed by Tripura, Meghalaya, Sikkim and Assam. Among major cities, Delhi's rape rate of 4.1
per 100,000 people was highest in India. The rape rate per 100,000 people was lowest
in Gujarat (0.98), followed by Bihar, Karnataka, Uttar Pradesh andTamil Nadu.
The highest number of victims and majority of them were in the 18-30 year age group. Overall
96% of the rape cases led to charges and the offender being prosecuted. In 2012, out of 1, 01,041
cases before Courts, 3563 convictions took place in comparison to 11,154 acquittals and 292
cases withdrawn. This means that there is around 23% conviction rate only in 2012. The high
acquittal rate (77 %) may be due to cases being filed falsely (for property disputes/ money
extortion) or Indian Police being so corrupt that it doesn't probe these cases properly.Indian
courts completed the trial process of an estimated of 14,717 rape cases in 2012, while many
cases remained pending in its trial process.
Rape of minors
Rape of minor that is someone below the age of consent is a form of statutory rape nearly 1 in 3
every rape victims are below 18 years in India. Of all rapes, 12.5% of total or 3,125 rape victims
in India were a minor. For a comparative perspective, 17.4% of total or 15,700 rape victims were
a minor in the United States.
Using a small sample survey, Human Rights Watch projects more than 7,200 minors 1.6 in
100,000 minors are raped each year in India. Among these, victims who do report the assaults
are alleged to suffer mistreatment and humiliation from the police. Minor girls are trafficked into
prostitution in India, thus rape of minors conflates into lifetime of suffering. Of the countries
studied byMaplekrofton sex trafficking and crime against minors, India was ranked 7th worst,
between China (1st), Russia (11th) and Indonesia (14th).
Estimates of Unreported Rapes
Most rapes go unreported because the rape victims fear retaliation or humiliation - in India and
the rest of the world. The estimates for unreported rapes in India vary widely. MadihaKark
estimates 54% of rape crimes are unreported; in contrast, Mihir Srivastava estimates 90% of
rapes go unreported in India.In the United States, official estimates claim between 65% to 73%
of rape cases go unreported every year. A University of Surrey study estimates 70% to 90% of

rapes go unreported in the United Kingdom; while a UN study of 57 countries estimates just 11%
of sexual assault cases worldwide are ever reported.
Few states in India have tried to estimate or survey unreported cases sexual assault. The
Government of Odisha estimates 60% of sexual assaults go unreported in its state.
Female Infanticide
Female infanticide is the elected killing of a newborn female child or the termination of a female
fetus through sex-selective abortion. In India, there is incentive to have a son, because they offer
security to the family in old age and are able to conduct rituals for deceased parents and
ancestors. In contrast, daughters are considered to be a social and economic burden. An example
of this is dowry. The fear of not being able to pay an acceptable dowry and becoming socially
ostracized can lead to female infanticide for poorer.Female foeticide is the elected abortion of a
fetus, because it is female. Female foeticide occurs when a family has a strong preference for
sons over daughters, which is a common cultural theme in India. Modern medical technology has
allowed for the gender of a child to be determined while the child is still a fetus. Once these
modern prenatal diagnostic techniques determine the gender of the fetus, families then are able to
decide if they would like to abort based on gender. If they decide to abort the fetus after
discovering it is female, they are committing female feoticide. The foetal sex determination
and sex-selective abortion by medical professionals is now Rs. 1,000 crore (US$ 244 million)
industry. The Preconception and Prenatal Diagnostic Techniques Act of 1944 (PCPNDT Act
1994) was modified in 2003 in order to target medical professionals. The Act has proven
ineffective due to the lack of implementation. Sex-selective abortions have totaled approximately
4.2-12.1 million from 1980-2010. There was a greater increase in the number of sex-selective
abortions in the 1990s than the 2000s. Poorer families are responsible for a higher proportion of
abortions than wealthier families.Significantly more abortions occur in rural areas versus urban
areas when the first child is female. 7Female infanticide in India has a history spanning
centuries. The dowry-system has been cited as one of the main reasons for female
infanticide and sex-selective abortion as many families who live in poverty cannot afford to raise
the funds for a suitable dowry. The government has tried various approaches to help prevent the
7http://en.wikipedia.org/wiki/Violence_against_women_in_India

practice. The dowry system was abolished in 1961, in 1991 financial incentives began, and in
1992 the baby cradle scheme was launched.In 1990 the census figures showed there were 25
million more men in India than women. The national government then made it illegal in 1994 to
use ultrasounds to determine the gender of a child. But by 2001, the figures for the gender
difference were up to 35 million more males than females, and by 2005 it was estimated at 50
million. The numbers involved have led commentators to compare the deaths to genocide, and
KalpanaKannabiran

writing

for

India's

Human

Rights

Law

Network

argues

that infanticide and foeticide meet four of the five criteria as set out in the genocide convention.
Studies have shown that female children are not only at risk at the time of birth, but are also at
risk during infancy, with one author noting that there is a significant decrease in the sex ratio
between birth, and up to the age of four. According to Balakrishna, between 1978 and 1983, of
the twelve million girls born each year, only nine million would live to be fifteen.8

Domestic Violence
Domestic violence is abuse by one partner against another in an intimate relationship such as
dating, marriage, cohabitation or a familial relationship. Domestic violence is also known as
domestic abuse, spousal abuse, battering, family violence, dating abuse and intimate partner
violence (IPV). Domestic violence can be physical, emotional, verbal, economic and sexual
abuse. Domestic violence can be subtle, coercive or violent. In India, 70% of women are victims
of domestic violence. 38% of Indian men admit they have physically abused their partners. The
Indian government has taken measures to try to reduce domestic violence through legislation
such as the Protection of Women from Domestic Violence Ac 2005. Every 9 minutes, a case of
cruelty is committed by either husband or a relative of the husband. Cruelty by a husband or his
relatives is the greatest occurring crime against women. From 2011 to 2012, there was a 7.5%
increase in cruelty by husbands and relatives. In West Bengal, there were 19,865 cases,
accounting for 18.7% of the national total, and in Andhra Pradesh there were 13,389 cases,
accounting for 12.6% of the national total.
Year-wise reported cruelty against husband or Relative
8http://en.wikipedia.org/wiki/Violence_against_women_in_India

2008 81,344
2009 89,546
2010 94,041
2011 99,135
2012 106,527
Forms -PHYSICAL ABUSE
Physical injury is the most visible form of domestic violence. The scope of physical
domestic/intimate partner violence includes slapping, pushing, kicking, biting, hitting, throwing
objects,

strangling,

beating,

threatening

with

any

form

of

weapon,

or

using

weapon. Worldwide, the percentage of women who suffer serious injuries as a result of physical
domestic violence tends to range from 19% - 55%.Physical injuries as a result of domestic
violence against women are more obvious than psychological ones, and can be more easily
discerned by health professionals as well as courts of law in the context of legal prosecution.
EMOTIONAL ABUSE
Emotional abuse has been gaining more and more recognition in recent years as an incredibly
common form of domestic violence (and therefore a human rights abuse) within the private home
throughout developing nations such as India. Psychological abuse can erode a womans sense of
self-worth and can be incredibly harmful to overall mental and physical wellbeing.
Emotional/psychological abuse can include harassment; threats; verbal abuse such as namecalling, degradation and blaming; stalking; and isolation.
Women who experience domestic violence overwhelmingly tend to have greater overall
emotional distress, as well as disturbingly high occurrences of suicidal thoughts and attempts.
According to a study by the National Centre for Biotechnology Information, suicide attempts in
India are correlated with physical and psychological intimate partner violence. Of the Indian
women who participated in the study, 7.5% reported attempting suicide. This correlation is

supported by the high rates of domestic violence in India, although the rates differ greatly by
region, individual socio-economic status and other factors.
SEXUAL ASSAULT
Sexual assault is another common form of domestic violence in India. Sexual violence can
include a range of forceful and non-forceful acts including unwanted kissing, touching, or
fondling; sexual/reproductive coercion; rape; and marital rape. In a 1995-1996 PubMed study
conducted in Northern India, wife abuse appears to be fairly common throughout the region as a
whole. 22% of the 6632 adult men surveyed reported sexually abusing their wife without
physical force in at least one instance and 7% reported sexual abuse with physical force. Abuse
was most common among men who also had extramarital affairs, and among those who had STD
symptoms. Abusive sexual behaviors were also found to be correlated with an elevated rate of
unplanned pregnancies.In 2013, a court in Mumbai ruled that depriving a woman of sex is a form
of cruelty.9
Acid Throwing
Acid throwing, also called an acid attack, a vitriol attack or vitriolage, is a form of violent assault
used against women in India. Acid throwing is the act of throwing acid or an alternative
corrosive substance onto a person's body "with the intention to disfigure, maim, torture, or
kill." Acid attacks are usually directed at a victim's face which burns the skin causing damage
and often exposing or dissolving bone.Sulfuric acid and nitric acid are most commonly used for
acid attacks. Hydrochloric acid is also used, but is less damaging. Acid attacks can lead to
permanent scarring, blindness, as well as social, psychological and economic difficulties. Indian
legislature has now regulated the sale of acid.Compared to women throughout the world, women
in India are at a higher risk of being victims of acid attacks.At least 72% of reported acid attacks
in India have involved women. India has been experiencing an increasing trend of acid attacks
over the past decade.In 2010, there was a high of 27 reported cases of chemical assaults.Scholars
believe that acid attacks in India are being under-reported. 34% of acid attacks in India have been
determined to be related to rejection of marriage or refusal by a woman for sexual
9http://en.wikipedia.org/wiki/Violence_against_women_in_India

advances. 20% of acid attacks have been determined to be related to land, property, and/or
business disputes Acid attacks related to marriage are often spurred by dowry disagreements.10
Dowry Deaths
A dowry deaths is a murder or suicide of a married women caused by a dispute over
her dowry. In some cases, husbands and in-laws will attempt to extort a greater dowry through
continuous harassment and torture which sometimes results in the wife committing suicide. The
majority of these suicides are done through hanging poisoning or self-immolation. When a
dowry death is done by setting the woman on fire, it is called bride burning. Bride burning
murder is often set up to appear to be a suicide or accident. Dowry is illegal in India, but it is still
common practice to give expensive gifts to the groom and his relatives at weddings which are
hosted by the family of the bride.Women are not always the only primary victims of dowry
deaths. In some cases children are also killed alongside their mothers. In eastern India, on
January 30, 2014, for example, a women and her one year old child were burned alive for
dowry.Incidents of dowry deaths have decreased 4.5% from 2011 to 2012.In Uttar Pradesh, 2,244
cases were reported, accounting for 27.3% of the dowry deaths nationwide. In, Bihar, 1,275
cases were reported, accounting for 15.5% of cases nationwide.
Year-wise reported dowry deaths
2008 8,172
2009 8.383
2010 8,391
2011 8,618
2012 8,233
Human Trafficking and Prostition
Human trafficking outside India, although illegal under Indian law, remains a significant
problem. People are frequently illegally trafficked through India for the purposes of commercial
sexual exploitation and forced/bonded labour. Although no reliable study of forced and bonded
10http://en.wikipedia.org/wiki/Violence_against_women_in_India

labour has been completed, NGOs estimate this problem affects 20 to 65 million Indians. Women
and girls are trafficked within the country for the purposes of commercial sexual exploitation and
forced marriage especially in those areas where the sex ratio is highly skewed in favour of
men. India is also a destination for women and girls from Nepal and Bangladesh trafficked for
the purpose of commercial sexual exploitation. Nepali children are also trafficked to India for
forced labour in circus shows.Indian women are trafficked to the Middle East for commercial
sexual exploitation. Indian migrants who migrate willingly every year to the Middle East
and Europe for work as domestic servants and low-skilled labourers may also end up part of the
human-trafficking industry. In such cases, workers may have been 'recruited' by way of
fraudulent recruitment practices that lead them directly into situations of forced labour, including
debt bondage; in other cases, high debts incurred to pay recruitment fees leave them vulnerable
to exploitation by unscrupulous employers in the destination countries, where some are subjected
to conditions of involuntary servitude, including non-payment of wages, restrictions on
movement, unlawful withholding of passports, and physical or sexual abuse.
Human trafficking in India results in women suffering from both mental and physical issues.
Mental issues include disorders such as PTSD, depression and anxiety. The lack of control
women have in trafficking increases the risk of victims likeness to suffer from mental disorders.
Women who are forced into trafficking are at a higher risk for HIV, TB, and other STD's.
Condoms are rarely used and therefore there is a higher risk for victims to suffer from an STD.

Year Imported girls from Foreign Countries Violations of Immoral Traffic Act
2008 67 2,659
2009 48 2,474
2010 36 2,499
2011 80 2,435
2012 59 2,563

THE POSITION OF WOMEN IN TODAYS TIME

It is impossible to think about the welfare of the world unless the condition of women is
improved. It is impossible for a bird to fly on only one wing. Swami Vivekananda
Women are not born, but made. What better than India to exemplify this statement by Simone de
Beauvoir. With the whole world celebrating international womens day with great pomp and
show, it would be only apt to analyze the position and space Indian women occupy today, and
comparing it to the times 60 years ago when the country had just gained independence. With the
women participating in nationalist movements to being pushed into the domestic household
space, to their resurgence as the super-women today, women in our country have seen it all.
There have been innumerable debates about gender in India over the years. Much of it includes
womens positing in society, their education, health, economic position, gender equality etc.
What one can conclude from such discussions is that women have always held a certain
paradoxical position in our developing country. On other hand, the country has seen an increased
percentage of literacy among women, and women are allowed to enter into professional fields,

while on the other hand the practices of female infanticide, poor health conditions and lack of
education still persisting still continue. Even the patriarchal ideology of the home being womens
real domain and marriage being her ultimate destiny hasnt changed much. The matrimonial
advertisements, demanding girls of the same caste, with fair skin and slim figure, or the much
criticized fair and lovely ads, are indicators of the slow changing social mores. If one looks at the
status of women then and now, one has to look at two sides of the coin; one side which is
promising, and one side which is bleak.
When our country got its independence, the participation of women nationalists was widely
acknowledged. When the Indian Constitution was formulated, it granted equal rights to women,
considering them legal citizens of the country and as an equal to men in terms of freedom and
opportunity. The sex ratio of women at this time was slightly better than what it is today,
standing at 945 females per 1000 males. Yet the conditions of women screamed a different
reality.
They were relegated to their households, and made to submit to the male-dominated patriarchal
society, as has always been prevalent in our country. Indian women, who fought as an equal to
men in the nationalist struggle, were not given that free public space anymore. They became
homemakers, and were mainly meant to build a strong home to support their men who were to
build the new Independent country. Women were reduced to being secondary citizens. The
national female literacy rate was an alarmingly low 8.9 per cent. The Gross Enrolment Ratio
(GER) for girls was 24.8 per cent at primary level and 4.6 per cent at the upper primary level (in
the 11 14 years age group). There existed insoluble social and cultural barriers to education of
women and access to organized schooling.
A very few were allowed a public space, which she was expected to manage on her own along
with her domestic role as a homemaker. In spite of the Sharda Act which was passed in the 1950s
to raise the marital age limit for girls, child marriage particularly in North India was quite
prevalent though the average age at marriage for females was increased to 18. Sprawling
inequalities persisted in their access to education, health care, physical and financial resources
and opportunities in political, social and cultural spheres. It was almost unthinkable for women
to have a choice or a say in matters of marriage, career or life. Rather she had no voice at all. The
practice of dowry was as common as ever.

And since men were better educated than girls, the demands were even more. The Dowry
Prohibition Act was finally passed in 1961, to protect women and promising severe punishment,
but the conviction rate of crime against women was, and still is very low in India. Because of
such inhuman practices which were normalized by our society, the birth of the girl child was
considered inauspicious. In villages as well as cities, the girl child was killed either before birth
or after it. Even till date, the practice continues. The United Nations Childrens Fund, estimated
that up to 50 million girls and women are missing from Indias population because of
termination of the female foetus or high mortality of the girl child due to lack of proper care.
Though a number of constitutional amendments were made for womens social, economic and
political benefits, yet they were never effective to bring a radical change in the situation. Women
had only the role of a good wife to play, and if a woman ventured out to work, she was seen as
a bad woman, going against societal norms. Women were expected to cook food and eat only
after the men, with whatever meager amount of food is left. This led to rampant malnutrition
among women, and an extremely poor health status. Around 500 women were reported to die
every day due to pregnancy related problems due to malnutrition, and getting married before 18.
It was only by the 1960s, that a few educated women began to see themselves increasingly
change from a mere guardian of home to a legitimate participant in the discourse of life. The
country saw the first undercurrent of female discontent with the system. Many women began to
have new dreams- of love, longing, and new possibilities.
With time, a lot has changed since those dark ages of the 1950s for the women. Though at some
levels like dowry, crimes like rape, sexual harassment at office or public places, and molestation,
eve-teasing, even after over sixty years of independence women are still exploited, which is the
shameful side of our country. Yet one cant deny that the situation has improved since the earlier
times. Women, who now represent 48.2% of the population, are getting access to education, and
then employment. From 5.4 million girls enrolled at the primary level in 1950-51 to 61.1 million
girls in 2004-05. At the upper primary level, the enrolment increased from 0.5 million girls to
22.7 million girls.
Girl dropout rates have fallen by 16.5% between the year 2000 and 2005. Programs like
SarvaShikshaAbhiyan and Saakshar Bharat Mission for Female Literacy has helped increase
the literacy rates from less than 10 percent to more than 50% today. The result of this is that

India has worlds largest number of professionally qualified women. In fact India has the largest
population of working women in the world, and has more number of doctors, surgeons,
scientists, professors than the United States.
Women of India slowly started recognizing her true potential. She has started questioning the
rules laid down for her by the society. As a result, she has started breaking barriers and earned a
respectable position in the world. Today Indian women have excelled in each and every field
from social work to visiting space station. There is no arena, which remains unconquered by
Indian women. Whether it is politics, sports, entertainment, literature, technology everywhere, its
women power all along. The Modern Indian woman, does not let social constraints to keep her
behind, but prioritizes her education or her career before anything else. From a time when there
no woman writer in India who was taken seriously, today names like Arundhati Roy, Anita Desai,
Kiran Desai, Shobhaa De, JhumpaLahiri can put any other writer to shame. In the field of
cinema, women like Rekha, SmitaPatil, ShabanaAazmi and VidyaBalan and Konkona Sen are
such names who dont play feminized roles, but have asserted themselves over this maledominated realm. In the field of Politics, from Indira Gandhi to Shiela Dixit, Uma Bharti,
Jayalalitha, VasundhraRaje and Mamata Banerjee today, women are making their presence felt.
Today modern woman is so deft and self-sufficient that she can be easily called a superwoman,
juggling many fronts single handedly. Women are now fiercely ambitious and are proving their
metal not only on the home front, but also in their respective professions. Women in Indian are
coming up in all spheres of life. They are joining the universities and colleges in large numbers.
They are entering into all kinds of professions like engineering, medicine, politics, teaching, etc.
A nations progress and prosperity can be judged by the way it treats its women folk. There is a
slow and steady awareness regarding giving the women their dues, and not mistreating them,
seeing them as objects of possession. Despite progress, the very fact that women, along with
being achievers, also are expected to fulfill their roles as wives or mothers, prioritizing home
against anything else. This point of view hasnt changed much. There is still a large section of
women who are uneducated, and married off before the age of 18. Families are required to
supply a chaste daughter to the family of her future husband. Also very few women are actually
employed in good-paying jobs, and hence parents dont see the point of spending money on girls
education. Statistics say that close to 245 million Indian women lack the basic capability to read

and write, which is a large number. Only 13.9% women are employed in the urban sector, and
29% in the domestic and agriculture sector, where too a majority of women are exploited by the
men. The sex ratio of India shows that the Indian society is still prejudiced against female, and a
lot is yet to be achieved in this context.
The path towards total gender empowerment is full of potholes. Over the years women have
made great strides in many areas with notable progress in reducing some gender gaps. Yet
realities such as 11,332 women and girls getting trafficked every year, and increased practice of
dowry, rape and sexual harassment hit hard against all the development that has taken place.
Thus, if on one hand women are climbing the ladder of success, on the other hand she is mutely
suffering the violence afflicted on her by her own family members. As compared with past
women in modern times have achieved a lot but in reality they have to still travel a long way.
Women may have left the secured domains of their home, but a harsh, cruel, exploitative world
awaits them, where women have to prove their talent against the world who see women as
merely vassals of producing children. The Indian women has to make her way through all the
socialized prejudices against her, and the men yet have to allow and accept the women to be
equal participants in the countrys way forward.

CONCLUSION
Centuries have come, and centuries have gone, but the plight of women is not likely to change.
Time has helplessly watched women suffering in the form of discrimination, oppression,
exploitation, degradation, aggression, humiliation. In Indian society, woman occupies a vital
position and venerable place. The Vedas glorified women as the mother, the creator, one who
gives life and worshipped her as a Devi' or Goddess. But their glorification was rather mythical
for at the same time, in India women found themselves totally suppressed and subjugated in a
patriarchal society. Indian women through the countries remained subjugated and oppressed
because society believed in clinging on to orthodox beliefs for the brunt of violence domestic as
well as public, Physical, emotional and mental. Male violence against women is a worldwide
phenomenon. Fear of violence is an important factor in the lives of most women. Fear of
violence is the cause of lack of participation in every sphere of life. There are various forms of
crime against women. Sometimes it is even before birth, some times in the adulthood and other
phrases of life. In the Indian society, position of women is always perceived in relation to the
man. This perception has given birth to various customs and practices. Violence against women
both inside and outside of their home has been a crucial issue in the contemporary Indian society.

Women in India constitute near about half of its population and most of them are grinding under
the socio-cultural and religious structures. One gender has been controlling the space of the
India's social economic, political and religious fabric since time immemorial. The present study
felt the need that in the era of globalization and modernization the present trends of crimes
against women is on increase. Recently the brutal gang rape against 23 year student in Delhi
again sparked the debate on Indian mental set up and existing law and order in the Country.
Therefore, it is clear that the status quo of crimes against women has increased and grown more
gruesome than before. At the same time ramifications in the form of various legal statutes for the
protection of women and ratification of various international conventions has been done for the
same. We still need some stringent laws and we still require strict check to prevent any misuse of
the same.

BIBLIOGRAPHY

http://en.wikipedia.org/wiki/Violence_against_women_in_India
Heise 1998, Ellsberg et al. 2001, ICRW 2001, and Jansen et al. 2004
http://ncrb.nic.in/CII%202009/cii-2009/Chapter%205.pdf
http://ncrb.nic.in/cii2010/cii-2010/Chapter%205.pdf
http://ncrb.nic.in/CD-CII2011/cii-2011/Chapter%205.pdf
http://timesofindia.indiatimes.com/topic/National-Crime-Records-Bureau-data
http://mumbaiboss.com/2012/12/20/how-should-crimes-against-women-in-india-be-

tackled/
http://www.importantindia.com/2421/status-of-women-in-india-today/