A Detailed Study of Women Safety with reference to IPC.

INTRODUCTION

We live in a dynamic society where women are considered to be equally in par with men. The
Indian society and its patriarchal nature which on one hand respects women as they are
mothers, daughters and sisters but has also greatly hindered both the freedom as well as the
safety of the women. Women’s are progressing, advancing and proving themselves by
beating men’s in various sectors such as sports, arts, science, politics etc yet still she is not
safe in a society. There are many reported and unreported cases for the crime against
women’s yet there has been no change in the legal system. There are several laws made for
women’s safety to improve the system but they are still failing to change the system to the
way a woman is being looked at. Some of those laws which are being made only exist on
papers rather than being implemented properly. Old thoughts and customs are still lay
cluttered in the minds of people that women are inferior to men. Nowadays women are thus
considered to be better halves in the society but they are the ones who will face maximum
amount of tortures. The root cause of the problem has started ages ago where men were
considered to be powerful, strong and the bread winner of the family and women were treated
as slaves, their responsibilities were limited to look after the household work. Even today
whether it is an uneducated or an educated person opts for abortion of girl child as they think
they have to make dowry for the marriage of the girl.

Women’s face a lot of trouble beginning with discrimination at birth as sometimes there are
chances of being killed in the mother’s womb, further perpetuated to face the harsh brutalities
like mental and physical torture, molestation, sexual assault, acid attacks, rapes, abusing etc 1.
Several approaches have been taken place to counter gender-based violence such as
legislations, institutional mechanism and campaigns. In 70’s and 80’s women’s movement
were at forefront of a vibrant ‘Second wave of feminism’ fighting against the issues of dowry
death, domestic violence, sexual assault and rape. This phase was significant as it broke the
silence around Violence Against Women (VAW)2. Which led to several legal reforms such as
domestic violence act3 and sexual assault act. There are several sections of Indian Penal

1
UNDP, ‘Voices and Rights’, March 2010
2
JAGORI, ‘Marching together, Revisiting dowry in India,’ 2009
3
Protection of Women from Domestic Violence Act, 2005
Code4 that deals with crime against women. Safety of women is one of the utmost importance
of this time. Women’s safety aims at building safer and healthier society.

Our supreme law of India i.e. our Indian Constitution guarantees, the law relating to equality
(of status opportunity) for citizens of our country. It also gives the measures and solutions for
the problem of women’s and also empowers the state to adopt the measures of positive
approach in favour of women. There are lot of provisions, international conventions and
human rights instruments that guarantees to secure equal rights of women. Despite of all
these measures, conventions and laws, the crime and violence against women are increasing.
Crime such as rape, kidnapping, murder for dowry, mental and physical torture, acid attacks,
molestation, sexual harassment, eve-teasing, domestic violence etc. the safety of women has
been in doubt.

Women’s safety aims to reduce violence against women and fear of crime amongst them
through policies, strategies and practices. [ CITATION Jag10 \l 16393 ]. Women safety requires
financial security and autonomy. Women’s economic empowerment plays a major role as it
will reduce violence against women and make them independent and confident to make their
own decisions. “Women’s safety means a society where women feel secure and safe. It aims
at improving the quality of life in a community for all its members by changing values,
community norms, custom, institutions and patterns of social interaction through
participatory process.”[ CITATION Dav07 \l 16393 ] . The result of efforts and strategies that has
been made to address issues relating to safety of a women led to building of healthy and safe
community. Other than this women safety also requires safe spaces, freedom from poverty,
self-worth, strategies and policies so that they can realise their value and can be independent
enough to make their own decisions.

CRIME AGAINST WOMEN AND LAWS RELATED TO SAFTEY OF WOMEN

WITH REFRENCE TO IPC

There is a victimization of women in other forms such as economical, psychological and

sociological forms. It has been observed that women are further distinguished or
discriminated at their respective working places. The women are also exploited as well
socially, physically, mentally and sexually by their husbands. Women are not given right to
think and make decision about their pregnancy. The following are the crimes against women
4
Indian Penal Code,1860
such as: rape, stalking, eve teasing, assault, molestation, cybercrime, kidnapping, dowry
death, immoral trafficking, murdering young brides, suicide, torture and other mental
cruelties and etc. Crime against women is increasing day by day. It has been published by
The National Crime Records Bureau that according to the figure 100 women face crime
against them each day approximately. The most numbers of rape cases are recorded in
Madhya Pradesh there has also been rise in the case in the year 2016-17 i.e., 14 crimes have
been recorded each and every day in murder and kidnapping the state of India Uttar Pradesh
excels and it was reported that 300 murders were due to the love affairs, rejection faced by
men, dowry disagreement etc. Delhi, the capital of India, it tops in theft and rape cases.
Though it’s our capital but it is considered to be the unsafe state of India. In India, almost 2.5
lac cases were reported of kidnapping and murders in the 5 years, and the reason behind most
of the cases amongst them was for the rejection from marriage or love affairs.

There are several crimes against women with reference to IPC5

1. Eve Teasing

Eve Teasing is the making of the unnecessary and unwanted sexual remarks by man to a
woman in some public place. Basically, it is a sexual assault of women by men or it can be
called public sexual harassment by making unwanted remarks or can say it as a kind of
molestation by men towards women. It includes sexual remarks, catcalls, brushing to groping.
Section 509 states that whomsoever who tries to insult the modesty of the women or utters
any word or comments or remarks, makes any sound or gesture or exhibits anything or object
that interferes in the privacy of the women by any man shall be punished therefore with the
imprisonment up to 3 years and fine for the same6.

2. Kidnapping

The term kidnapping means to kidnap a person from India or it means to kidnap a person
from his/her lawful guardian. Section 360 states that whoever takes away any person or
conveys any person beyond his will and consent or his/her guardian’s will is then said to have
kidnap that person from and India and kidnapping takes place and when someone takes away
a minor who is below 16 years of age in the case of male and below 18 years of age in the
case of female without his will then or without the consent of the guardian is said to have
kidnap that person from his/her lawful guardian as stated under section 361 of Indian Penal

5
Diva. M, “A Study on The Rights and Privileges of Women in India”,22, IOSR-JHSS.28-33(2017)
6
Indian Penal Code, 1860. Sec 509
Code. The punishment for the same is 7 years of imprisonment and fine 7. Section 366 of
Indian Penal Code talks about abducting, kidnapping or inducing any woman to compel her
marriage or to her for the forceful sexual relations 8. In Chandrakala v Vipin Menon9, in this
case supreme court rejected to convict the father, who was thus accused of kidnapping his
minor daughter the main point in this case is that the minor girl was residing with her
maternal grandfather due to conflicts that use to happen between her parents. The court
declined his conviction on the ground that the accused is thus the natural guardian of the
daughter. This section also provides for the punishment for the offenders of such crime and
the punishment given to the offender is that of imprisonment up to 10 years and fine.

3. Chain Snatching

Theft which is committed against women are limited or confined to snatching of chain and
other valuables. The most affected class of these types of crimes are the old aged women. The
offenders usually use the very common technique in which they disguise themselves as the
police officials and then ask the women to give their chain or other valuables and the reason
given by the offenders was that it was for the purpose of their safety. The chain snatching is
subjected to the section 378 of Indian Penal Code10.

4. Rape (Section 375-377)11

The offence of rape and punishments for committing such an offence has been given under
section 375 to 377 of Indian Penal Code. Rape has one characteristic that is forcible seizure
or can say having an intercourse with a woman without her will or consent. Rape has wider
perspective as compared to any other crime and is a much broader term that can be defined. It
is observed to be the most common and heinous crime faced by the women in the Indian
society and our legal system has failed to end this type of heinous crime. The India is looked
as the country of rapists by the whole world. The numbers of rapes are increasing day by day
in India with a tremendous rate. According to the data and records of National Crime Records
it is observed that around 75% of the person who rapes or can be called as rapists are found to
be married men who usually have sex daily at their home, the percentage of women who do
not feel safe in the city is 86%, it was found that most of the rapists are friends or relatives of

7
Indian Penal Code, 1860. Sec 360
8
Indian Penal Code, 1860. Sec 366
9
Chandrakala v Vipin Menon (1993) 1 SCC 229.
10
Indian Penal Code,1860. Sec 378
11
Indian Penal Code,1860. Sec 375-377
the victim. According to the report or record of the WHO, on an average of every 54 minutes
a woman is being raped in India and as per the study of the CDWP that every 35 minutes 42
women are being raped. The law system which is prevailing in India has failed to cure this
type of heinous crime. There are several types of offences faced by the women which are
categorized as follows: the rape of a minor girl, rape with murder which is covered under
section 376 A of IPC, rape of a women is covered under section 376, rape done by public
servants covered under 376 C, rape in families itself, marital rapes covered under section 376
B, gang rape covered under 376 D. The punishment given to offenders of such type of rapes
are imprisonment up to 7 years to 20 years or it may include life imprisonment and also fine.
THE MATHURA CASE12 it is one of the infamous cases, Mathura was 16-year-old girl
belonged to tribal from Maharashtra who was raped by one police man inside the police
station. So, when the case went in the lower court the police constable was acquitted on the
ground that girl has eloped with her boyfriend and contended that she was of loose character
and has sexual relations with police men. Then appeal was made to the high court their
policemen got convicted but again on the appeal in the supreme court he was acquitted on the
ground that Mathura didn’t raise any alarm and no marks were found on Mathura’s body, as
was held that she has her consent for the sexual intercourse.

5. Acid Attack

Acid Attack is throwing of acid or can be better defined as voluntary act of throwing acid on
the other person with an intention of causing grievous hurt, killing, disfiguring or torturing of
the other person. There was no specific law for acid attack but after 2013, criminal
amendment act, section 326 A and 326 B were added in the IPC which talks about voluntarily
causing grievous hurt with the use of acid and attempt of throwing an acid and the
punishment given under this section is 10 years to life imprisonment and 5 years and can
exceed to 7 years and fine13. Almost more than 300 cases are reported in India and many
cases are not even reported. The main reason for the acid attack is that, the acid availability at
low cost.

Landmark cases for Acid Attack are as follows:

 LAXMI V UNION OF INDIA14

12
Tuka Ram And Anr v State of Maharashtra AIR 1979 SC 185.
13
Indian Penal Code,1860. Sec 326 A – Sec 326 B
14
Laxmi v. Union of India (2014) 4 SCC 427.
Petition was filed by the victim Laxmi of 15 years old and she was attacked by the 32-year-
old man for rejecting his proposal for marriage. In this case following guidelines were laid
down such as:

1. Full medical assistance should be provided to the victim for free of cost.
2. No hospital or clinic can refuse the treatment, if refuse actions will be taken against
them given under section 357 C of criminal procedure code.
3. At least 3 lakh rupees will be provided to the victim.
 DEVANAND V THE STATE15

In this case husband threw acid on his wife because she refused to cohabit with him and that
resulted in his wife suffering from permanent disfigurement and loss of one eye and the
punishment given to the husband was 7 years of imprisonment and fine.

6. Sexual Harassment

It is repeated or unwelcome sexual advances, the request for the sexual favours and other
verbal or oral physical harassment that is sexual in nature. Sexual harassment includes the
actions which are of mild transgressions, the sexual abuse, showing pornography to any
women against her will and sexual assault etc. according to the section 354 A of Indian Penal
Code and the punishment for the act of sexual harassment shall be rigorously imprisoned up
to the imprisonment of 3 years and fine16.

7. Domestic Violence

Women are considered to be in the lower strata of the society. They are considered to be
inferior according to the psychology of the society is such that the man earned and work and
women were considered to sit at home and as men are working they treat women like their
slaves and they think they have all the right to do anything with the women. Time has
changed and now men and women are considered equal in each and every field even in the
field of work or earning money for their livelihood. The act of domestic violence includes
beating, forced sex, rape etc. Section 498 A of Domestic Violence Act, 2005 talks about the
punishment for the domestic violence and the punishment that shall be given to them is of 1-
year imprisonment and fine17.

8. Honor Killing
15
Devanand v The State (1987 (1) Crimes 314.
16
Indian Penal Code,1860. Sec 354 A
17
Domestic Violence Act, 2005. Sec 498 A
In name of honour when several murders and dishonourable crimes takes place it can be of
caste or community and that has been reported. These crimes and killing are reported from
various states in India. The crime in the name of honour includes abusive or violent acts that
harms a person physically, emotionally and sexually and it also involves other coercive acts.

The punitive and coercive actions have been taken by the panchayats and associations with
the intention to create terror and to stop the marriage, the actions that are taken by them are
violative of the fundamental rights that are provided by the constitution of India. Such as
right of life and liberty which thus involves the right to one’s bodily integrity and the right to
choose to whom you want to associate.

9. Cyber Crime

India is advancing in term of technology and women are thus the part of the same. The dirty
minds of men have not even left technology and started using the technology in the wrong
way to harm the women. The cybercrime which are faced in our day to day lives are as
follows: pornography, bullying and abusing etc. The crimes related to cyber and technology
are dealt under Information Technology Act, 200018 and the punishment given under such
type of crimes are imprisonment up to 3 years and can exceed to life imprisonment and fine.

10. Dowry Death

At the time of marriage, dowry is demanded from the girl’s parents and they are forced to pay
it and if they do not pay a certain amount of dowry that was demanded it may result into
several other crimes against women such as: domestic violence for dowry or dowry death.
This evil practice of dowry is still prevalent in the rural areas of India and of the there is
disagreement of dowry it may result into death of the women. The number of such deaths are
increasing gradually in the recent years.

11. Stalking

Stalking is a new crime against women. In this type of crime there is interference with the
women’s privacy by either following them or regular contacts made by men towards women
or monitoring or disturbing women on internet or any other electronic communication. The
punishment for the crime of stalking is imprisonment up to 3 years to 5 years and fine.

12. Assault to outrage modesty

18
Information Technology Act, 2000
When someone uses criminal force or intends to outrage the modesty of any women or
disrobing any women or compelling any women to be naked, basically it includes any crime
that hurts the modesty of any women. With reference to IPC assault to outrage modesty is
dealt in section 354 and section 354 B 19. the punishment for this crime as given in the IPC is
such that of imprisonment up to 3 years to 7 years of imprisonment.

13. Women trafficking

In 20th century the concept of women trafficking was started and still is prevalent and is still
in existence. The trafficking of women is further categorized and stated in section 370 of IPC
into trafficking of minor girls, trafficking done for the purpose of exploitation etc. section 372
and section 373 includes buying and selling of minor for the further purpose of prostitution.
The punishment differs from each and every offence and it starts from 3 years of
imprisonment to life imprisonment and also fine20.

Certain sections such as section 326A, 326B, 354A, 354B, 354C, 354D, 370, 370A, 375, 376,
376A, 376B, 376D AND 509 These sections were amended and then included by The
Criminal Law Amendment Act, 2013. With reference to Indian Penal Code there were
various offences and the punishments related to those offences and regarding the safety of
women are dealt in the IPC. Also, the government has tried and made efforts to reduce the
crime against women by bringing acts like Protection of Children against Sexual Offences
Act, 201321; The Dowry Prohibition Act,196122; Sexual Harassment of Women at Workplace
Act, 201323. These acts have tried amending the Indian Penal Code and Criminal Procedure
Code. The government putting efforts to tackle certain crimes likes cybercrime, domestic
violence, dowry death, honour killing by bringing several new laws acts for the same. With
the changing lifestyle and circumstances and as women are provided with certain rights, they
are now able to fight for their own rights.

CAUSES OF CRIME AGAINST WOMEN IN INDIA

19
Indian Penal Code, 1860. Sec 354- 354 B
20
Indian Penal Code, 1860. Sec 370, 372,373
21
Protection of Children against Sexual Offences Act, 2013
22
The Dowry Prohibition Act,1961
23
Sexual Harassment of Women at Workplace Act, 2013
There are several causes behind the crime against women in India. The crime against women
should be looked in all the aspects and point of views such as physical, mental, sociological,
economical etc. it is caused by due to influence of drugs and alcohols, caused by mental
health problems, economic pressures, depressions, addiction etc. but the common factor or
cause for the crime against women is gender. The gender-based discrimination is the
important factor. As from the ancient times women are considered inferior to men, they were
not given proper status in the society and this misconception still rules the mind of several
individuals from the society. Though women are developing but it is difficult to change the
mindset of certain individuals. This type of discrimination is neither innate or biological but it
is due to culture(history). Social causes and orthodox thoughts are also responsible for the
crime against women. Social causes include the situation when the homes and families are
broken due to that certain men’s commit crime against women and the psychological
environment. The orthodox thought thus includes unemployment, personal causes, lack of
roper moral education, poverty, addiction etc. women are thus subjected to several cultural
and socio-economic deprivations that there is lack of awareness among the people and the
general indifferences against women. The statistics are as follows: every one woman out of
four has been abused at the time of their pregnancy. 60 million women are considered to be
missing worldwide due to female infanticide and abortions, this was an estimate drawn by the
Nobel Laureate Amartya Sen. In every three minutes one crime against women has been
committed. It is also observed that most of the female murders which takes place has been
committed by their male partners and 70% of cases has been reported by World Health
Organization. Every 15 minutes it has observed that one molestation case takes place. Every
53 minutes one sexual harassment case is observed and for one kidnapping and abduction
case occurs every 23 minutes. Also, in every 29 minutes the one rape case takes place. Out of
10 women four of them face violence in their home, one incident of physical or psychological
violence has been faced by 45% of the women. The one of the important causes is also the
lack of the well-planned educational system and also lack of social and economic
programmes are highly responsible for such scenario of women in the society.

SUGGESTIONS FOR THE SAFETY OF THE WOMEN

There are certain suggestions that should be followed for the safety of the women in the
Indian society. They are as follows:
 We should try creating healthy environment for the girls and women by supporting
them with their efforts to end violence against them, involve them in political
participation, by bringing trying to build or create peace and their leadership and
increase the economic empowerment.

 We should try creating awareness everywhere about women and to end exploitation
against women. This can be done by educating and by engulfing some social, cultural
and moral values and we should also make strong laws so that offenders can be
punished.

 We also need communities and associations for the change in the Indian society.
Government of India shall hold all the power and justice delivery should be ensured
and this should be done to make the lives of the women more secure and safe.

 We should use social media to spread the awareness and for the security purposes.
There are several applications that are for the women’s safety they should be installed
in each and every women’s mobile.

 There are certain photos that are being leaked so that photos should be reported as
soon as someone sees them on social media site because that is exploiting the integrity
of the women.

 We should interrupt when the abuse is taking place against the women, for example if
you are in a party and your girlfriends is intoxicated and then was being led by the
guy without her will or consent, so in that case we should stop him and then help her
to go at her place.

 The efforts should be made to interrupt the sexist, homophobic and transphobic
language because the words are powerful and if not interrupted then will give more
power to men to treat women’s in the similar manner. So, if the changing the way
they speak it can lead to change the way they think to some extent.

 We should come with an action plan for all the circumstances. Just for the safer side
we should be ready with the solutions for all the situations because sometimes it is
 very easy to stop the abuse when you know how to approach upon it. It makes the
situation and condition easier and safer.

 The first line to defence for any sort of crime is awareness. You should be aware of
your surroundings, yourself and about your protentional attacker and their strategy.

 You should always follow the gut instinct means your sixth sense; your intuition is
thus very powerful. You should use this power and make the full advantage of this
sixth sense.

 Women should take a self-defence training if possible

 You should escape, escape is one of the best solutions than to going with the predator,
because going with him in such a place where you cannot ask for help is worse, it’s
better to run from that surrounding and shout and ask for the help in such situations.

 People should create safe spaces to discuss the gender violence like, one should create
a after class club or group when people speak and raise the issues related to women’s
safety and how to resolve them is also discussed.

 There should be no stereotypes regarding the role of men and women in the society.

 Ready to accept that violence is just a choice, it is not because of mental illness, lack
of management skills, anger issues, drugs because it is just an excuse.

 Keep pepper spray with you but don’t entirely depend upon them, trust your body and
wits.

 Women should be aware of all the laws guaranteed to them.

 You should try and avoid car jacking

 Be supportive towards any women who tells you about the violence they have
experienced in their lives. Keep you believe in her and don’t be judgemental and
support her.
  Just beware of all the resources that are available for the girls and women. this
includes women centres, health centres and counselling centres. Be a useful source for
others.

 Remember one thing the issue of gender violence is definitely not an individual issue;
this issue is dealt by everyone so we all have some role or major role in ending the
violence against women’s and it is important for all of us to take the responsibility to
end the gender violence.

ANALYSIS

It has been analysed from the research that the crime against women is increasing day by day.
Though the laws are made for the women and guarantees them certain rights but those laws
are not properly implemented. Women’s safety aims to reduce violence against women and
fear of crime amongst them through policies, strategies and practices. [ CITATION Jag10 \l
16393 ]. Women safety requires financial security and autonomy. Women’s economic
empowerment plays a major role as it will reduce violence against women and make them
independent and confident to make their own decisions. Some of the women, mostly
belonging to rural areas are not even aware of such type of laws. There was a past when
women were not treated properly and thus, they were limited to their four dividers, they were
regarded as the slaves of their husbands, fathers or brothers. Then there has been a radical
change. Though still the exploitation is faced by women. Despite of everything the women
are still embarrassed today, assaulted, raped, ill-treated, molested. Still women are the targets
of the attacks for someone’s pleasure, fun. In Vedas, women are treated as mothers, she
considered to be the creator and nurture of the life. But on other hand in patriarchal society
they have seen themselves suppressed and sub judicated. every one woman out of four has
been abused at the time of their pregnancy. 60 million women are considered to be missing
worldwide due to female infanticide and abortions. In every three minutes one crime against
women has been committed. It is also observed that most of the female murders which takes
place has been committed by their male partners and 70% of cases has been reported by
World Health Organization. Also, in every 29 minutes the one rape case takes place. Out of
10 women four of them face violence in their home, one incident of physical or psychological
violence has been faced by 45% of the women. Every 15 minutes it has observed that one
molestation case takes place. Every 53 minutes one sexual harassment case is observed and
for one kidnapping and abduction case occurs every 23 minutes.

CONCLUSION

In the present work we have made all the efforts to put forth the criminal justice system of
India and tries to relate the women safety with the Indian penal code. The status of the
women in India is considered to be one with respect and reverence both socially and
historically. But the reality is that even today they have to struggle for their own identity,
rights and fighting for their self-esteem. They fight with their fear for individuality each and
every day. There are rights that are guaranteed to a woman in constitution despite all the
rights that are guaranteed then also women have to face exploitation against them. All the
crimes that are against women are increasing by each passing day such as dowry deaths, acid
attacks, molestation, sexual harassment, ill treatment, rape etc. this is a time where women
should get the respect she deserves and she should be given dignified and respectful position
in the society. Due to increasing rates of crime the women safety is at stake. There should be
awareness that should be created in the society and the rights of the women should be
implemented equally. It has been observed that crime rate is increasing day by day, even
though efforts are made from the side of government as they are framing certain acts, then
several laws are made for the protection of the women, laws are also guaranteed to the
women in the constitution but these laws are not implemented properly and are left only on
paper. Some of the women of the urban area are not even aware of such types of laws. The
figure showed above tells us about the hazardous situation our country is facing with respect
to security and safety of the women. There is need to motion our criminal judicial system of
India for maintaining law and order so that women can feel secure and safe.