What is the legal response towards exploitation of women and children

In the present scenario, the violence and the increasing crimes against women is witnessed by everyone across the
world in some or the other manner. It indicates the enormity and pensiveness of the monstrosity perpetrated
against women in recent years. The global crusade for the decimation of violence against women is a proof to this
fact. The changes in the living standards, lifestyle, imbalance in the economic growth, changes in social ethos and
meagre concern for the moral values contribute to a vicious outlook towards women due to which there is
multiplication in crimes against women. Moreover, such incidents are a matter of grave concern and its structure is
absolutely necessary so that the women of India could live with respect, honour, dignity, liberty and peace in an
atmosphere free from atrocities, denigration and heinous crimes.

There are many legal provisions which punish the culprits committing offences against women. The Indian Penal
Code though, provides provisions for women as a victim of many crimes such as murder, robbery, theft, etc. but
there are certain crimes which are diametrically characterised against the women known as ‘Offences Against
Women’. With the need of the hour, many new socio-economic offences have been enacted accompanied by
various amendments in the existing laws with an objective to combat these crimes effectually. 

Crimes against Women under the Indian Penal Code, 1860 (IPC)

The Indian Penal Code, 1860,  lays down the provisions to penalise the culprit for the heinous offences against
women. Various sections under IPC specifically deals with such crimes. 

1. Acid Attack (Sections 326A and 326B)

2. Rape (Sections 375, 376, 376A, 376B, 376C, 376D and 376E) 
3. Attempt to commit rape (Section 376/511)
4. Kidnapping and abduction for different purposes (Sections 363–373)
5. Murder, Dowry death, Abetment of Suicide, etc. (Sections 302, 304B and 306)
6. Cruelty by husband or his relatives (Section 498A)
7. Outraging the modesty of women (Section 354)
8. Sexual harassment (Section 354A)
9. Assault on women with intent to disrobe a woman (Section 354B)  
10. Voyeurism (Section 354C)
11. Stalking (Section 354D)
12. Importation of girls upto 21 years of age (Section 366B)
13. Word, gesture or act intended to insult the modesty of a woman (Section 509)
This article further scrutinizes and expounds some of these odious and punishable offences as mentioned under
the Indian Penal Code, 1860.

Sexual Offences against Women

The Indian Penal Code mentions sexual offences against women under a separate head which encompasses the
following offences with their respective sections-
Rape [Section 375 & 376]

Section 375, IPC defines rape. In simple terms, the offence of rape is the ravishment of a woman, without her
consent, by force, fraud or fear. In other words, it is the carnal knowledge (penetration of any of the slightest
degree of the male organ of reproduction) of any woman by force against her will. It is an obnoxious act of highest
degree which violates the right to privacy and sanctity of a female. Apart from being a dehumanizing and
perverted act, it is also an unlawful interference in the personal life of a woman which is an intense blow on the
honor, dignity, reputation and self-esteem of a woman. This outrageous crime not only causes physical injury to
the victim but also humiliates, degrades and leaves a scar on the most precious jewel of a woman i. e. her
character and dignity.

Essential Ingredients of Rape

Section 375 has the following two essential ingredient-
 Actus Reus: There must be sexual intercourse, as understood in terms of the provisions of  Section 375 (a)
to (d), with a woman by a man.
 Mens Rea: The sexual intercourse must be under any of the seven circumstances as given under Section
375.

Punishment for Rape (Section 376)
Section 376 provides punishment for committing the heinous crime of rape. This section is divided into two sub-
sections.
Section 376(1) provides a minimum sentence of seven years of imprisonment that may extend to life
imprisonment and fine.
Section 376(2) provides punishment not less than ten years of imprisonment but may extend to imprisonment for
life or death or fine. 
Gang Rape (Section 376D)
Section 376D lays down the punishment for gang rape. Where a woman is raped by more than one person acting
in futhereance of a common intention, each of them shall be liable for the offence of rape and shall be ounished
with rigourous imprisonment for not less than twenty years which may extend to lifetime imprisonment and fine.

Relevant Case Laws

Case: Priya Patel v. State of M.P.[1]

Facts: The prosecutrix was returning home after her sports meet and the husband of the appellant met her at the
railway station and told her that her father has sent him to pick her. He took her to his house and raped. During
the commission of rape, appellant (the wife) entered the room and prosecutrix asked for the help but instead of
savinf her, the appellant slapped her and closed tthe door and left the place of the incident. The accused husband
was charged under Section 376, IPC whereas the appellant wife was charged for commission of offence punishable
under Section 376(2)(g), IPC. 

The appellant wife challenged the legality of the charge framed against her under  Section 376(2)(g), IPC on
the ground that since a woman cannot commit rape and so cannot be convicted for commission of ‘gang
rape’.

Judgment: The court held that a woman cannot said to have an intention to commit rape. Therefore, the
appellant cannot be prosecuted for alleged commission of an offence punishable under Section 376(2)(g).

Outraging the Modesty of Women [Section 354]

Section 354, IPC deals with the offence of molestation i.e. assault to woman with intent to outrage her modesty.
This section aims to protect women against any sort of indecent or filthy behaviour by others which is derogatory
to her modesty. This offence is not just against the individual but also against the society and public morality.
Therefore, if any person uses criminal fore upon a woman with an intention to outrage the modesty of a woman,
he is deemed to be punished with an imprisonment of not less than one year which may extend upto five years
with fine.

It is not specifically defined under IPC that what constitutes an outrage to woman’s modesty. However, the court
has interpreted it in various cases. According to the Supreme Court, modesty is an attribute associated with female
human beings as a class. Modesty is said to be outraged by such an act of offender which shocks and recognizes as
an insult to female decency and dignity. 

Relevant case laws

Case: Rupan Deol Bajaj v. K.P.S. Gill[3]

Facts: The petitioner was an IAS Officer and accused was DGP, Punjab. The petitioner was invited to a party where
the accused was also present. The accused asked the petitioner to come and sit next to him and when she went to
sit, he pulled the chair closer to him and the petitioner was surprised by this act and she pulled her chair back to
original place and again he pulled the chair closed to him. The petitioner asked him to leave but he again asked
petitioner to accompany him in a commanding voice. She got apprehended and frightened and immediately pulled
her chair back and turned to get out. At this point, the accused slapped the butt of the petitioner in the presence
of all the guests which was very embarrassing for her. She filed an FIR against him. 

Judgment: The High Court quashed the FIR and held that the act was covered under Section 95, IPC.

The Supreme Court disagreed with the High Court and held that quashing FIR is illegal and  Section 95, IPC is not at
all applicable. The court further added that when an offence relates to the modesty of   women, it could not be
trivial under any circumstance. Therefore, the accused was held liable under Section 354, IPC.

Insulting the Modesty of Women [Section 509]

An act which is done intending to insult the modesty of woman which may not necessarily involve any physical
force is brought under the shade of this provision through Section 509. This section  intends to deter any kind of
aggression into a woman’s modesty whether by any word, gesture or act or by intruding upon the privacy of such
woman. This section is also referred as the ‘Eve Teasing Section’. 

Any person who commits an offence under Section 509 shall be punished with simple imprisonment for a term
which may extend to three years with fine.

Essential Ingredients 

This section requires-

1. An intention to insult the modesty of a woman;

 2. The insult must be caused either by intruding upon the privacy of a woman; or by making any gesture
or sound, uttering any word or exhibiting any object.

New Offences relating to Women

The Criminal Law (Amendment) Act, 2013 added many new sections in the IPC, keeping in view the various new
forms of offensive activities against the safety and dignity of women. Some are discussed below-

Disrobing a Woman (Stripping) [Section 354B]

Section 354B penalises the offence of assaulting or using criminal force to a woman or abetting any such act with
an intention to disrobe or compel her to be naked, with a punishment of not less than three years which may
extend to seven years with a fine. It is a gender specific offence i.e. only a man can be punished under this section.

Ingredients 

1. The accused must be man.

2. Use of criminal force or assault or abetment of any such act must be there.
3. There must be an intention to disrobe a woman or compel her to be naked.

Voyeurism [Section 354C]

This offence came into existence after Nirbhaya Rape Case, 2012. It is mentioned under Section 354C, IPC. The
word ‘voyeurism’ means appeasement derived from observing the genital or sexual acts of others usually ssecretly.
This provision is divided in two different parts. Firstly, when a person watches or captures image of a woman
engaging in some private  act and secondly, when the person disseminate or spread such image. 

The first offence is punishable with imprisonment of not less than one year which may extend upto three years
with fine. The second offence is punishable with imprisonment of not less than  three years which may extend upto
seven years with fine.  

Ingredients

1. The accused must be a male.

2. He must watch or capture the image.
3. The woman whose images are captured must be engaged in some private act.
4. The circumstances must be such that she has the expectations of not being. observed by the
perpetrator; or
5. The accused disseminates that image.

Stalking [Section 354D]

Section 354D, IPC talks about The term ‘stalking’ which generally means the act of following or trying to contact
despite disinterest of woman. This section contains two offences. Firstly, where a man follows or contacts or
attempts to contact a woman repeatedly despite her clear indication of disinterest and secondly, where a man
monitors the use by a woman of the internet, email, or any other form of electronic communication. 

For the first conviction, the punishment prescribed is imprisonment for a term which may extend to three years
with fine. The punishment for second conviction may extend up to five years of imprisonment with fine.

Ingredients:

1. The accused must be a man and victim must be a woman.

2. Follow or contact a woman or attempt to contact; or
3. Monitors the use by the woman of the internet, email or any other electronic communication.
4. Despite disinterest of woman.
What does not amount Stalking?

Section 354D has a proviso attached to it which carves out an exception to this offence. If a part of responsibility is
imposed on a person by the State to prevent and detect any crime and such acts must be pursued by any law and
in the particular circumstances such conduct of the person must be reasonable and justified then, it will not
amount to stalking.

Acid Attack [Section 326A & 326B]

The Criminal Law (Amendment) Act, 2013 incorporated Section 326A and 326B with an intend to make specific
provision for punishment in the case of acid attack. 

Section 326A focuses on voluntarily causing grievous hurt by using acid. In the view of this section, whosoever
causes permanent or partial damage or burns, disfigures or disables any part of the body of a person or causes
grievous hurt by throwing or administering acid with an intention to cause such injury or hurt will be punished with
imprisonment of at least ten years which may extend to life imprisonment with fine.

Section 326B has more legislative focus on the act of throwing or attempting to throw acid with the intention of
causing grievous hurt. The punishment under this section is imprisonment of not less than  five years with fine
which may extend upto seven years.

Essential Ingredients of Acid Attack

The following are the requisites of an acid attack-

1. permanent/partial damage/deformity/burn/idfigure/disable any part of the body of any person; or

2. Grievous hurt by throwing acid; or
3. By using any other means;
4. There must be an intention to cause injury or hurt. 

Sexual Harassment [Section 354A]

This new provision was originated in a judgment of the Supreme Court dealing woth the issue of sexual
harassment at workplace. Through the Criminal Law (Amendment) Act, 2013, Section 354A was inserted in the IPC
which defines the offence of ‘sexual harassment’ and set down punishment for it.

According to Section 354A, a person shall be guilty of the offence of sexual harassment against a woman in the
following circumstances-

1. If he makes physical contact and advance unwelcome and explicit sexual act;
2. Demands or requests for sexual favours;
3. Shows pornography against the will of a woman;
4. Make sexually colored remarks.
The punishment for the offences specified under Section 354A (1) (i) to (iii) is the rigorous imprisonment for a term
which may extend to three years or with fine or both and in the case of sub clause (iv), it is imprisonment for a
term which may extend to one year or with fine or both.

In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted
to provide protection to women against sexual harassemnt at workplace and for the prevention and redressal of
complaints regarding the matter of sexual harassment or any such incident thereto. 

Offences related to Marriage

Cruelty by Husband or his Relatives [Section 498A]

A separate chapter of IPC deals with the issues of cruelty by a husband or his relatives under Section 498A, IPC. the
objective behind the introduction of this provision was to punish the husband and his relatives who torture, ill-
treat and harass a woman with a view to force her or any other person related to het to meet any unlawful
demands. 

This section has given a new dimension to the concept of cruelty which is the essence of this section, for the
purpose of matrimonial relief. Not every type of cruelty will attract Section 498A. It has been mentioned under the
section that what kind of cruelty is included hereby. 

The punishment for this offence is imprisonment for a term which may extend to three years with fine.

Essential Ingredients

To constitute an offence under Section 498A, the following are the necessary conditions-

1. The victim must be a married woman/widow.

2. She has been subjected to cruelty by her husband or his relatives. 
3. Such cruelty consisted of either-

 Harassment of a woman with a view to coerce her meeting a demand of dowry; or

 A wilful conduct by the husband or his relatives of such a nature as is likely to lead the lady to commit
suicide or to cause grave injury to her life, limb or health 
 1. That such injury inflicted either physically or mentally.

Dowry Death [Section 304B]

Dowry deaths and bride burning are sinful act which are still prevailing in the Indian society. It is a symptom of a
special social illness and are unfortunate developments of our society. For this serious matter, the special provision
was inserted under IPC through Section 304B which deals with dowry deaths. 

Section 304B (1) defines dowry death whereas clause (2) lays down its punishment which is not less than  seven
years and may extend to life imprisonment.

Essential Ingredients of Dowry Death

The following ingredients of the offence need to be established-

1. The death of a woman must be caused by burns or bodily injury or otherwise than under normal
circumstances.
2. Such death must occur within the period of seven years of marriage.
3. The woman must have been subjected to cruelty by her husband or any other relative of her husband.
4. Such cruelty must be in connection with demand of dowry.
5. Such cruelty must be shown out soon before her death.

Sexual exploitation of women

 refers to any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual
purposes, perpetrated by aid workers against the children and families they serve. Sexual abuse is the actual or
threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions,
perpetrated by aid workers against the children and families they serve.

When a child is subjected to related misconduct at the hands of someone other than an aid worker, this is defined
as sexual violence. Sexual violence against children occurs in every country, across all segments of society. 

FORM OF WOMEN EXPLOITATION

1. Sexual Assault :Sexual assault is any type of sexual activity or contact, including rape that happens without
female’s consent. Consent is a clear “yes” to sexual activity. Not saying “no” does not mean consent. Sexual
contact without consent is sexual assault or rape. Sexual assault can include non-contact activities, such as
someone “flashing” or forcing female to look at sexual images. Sexual assault is also called sexual violence or
abuse.

2. Sexual Assault in College :Sexual assault on college campuses is a common problem that often goes unreported.
It includes any unwanted sexual activity, from unwanted touching to rape. Alcohol and drugs often play a role in
sexual assault on campuses. One study found that 15% of young women experienced incapacitated rape during
their first year of college. Being incapacitated means these young women were raped when they could not give
consent because they did not know what was happening. Many young adults use alcohol or drugs for the first time
during college. Using drugs or drinking too much alcohol can make one unaware of what is happening around.
3. Rape - Although other types of sexual assault may be done by men or women, rape is almost always done by
men. Most women who are raped are raped by someone they know, such as a former or current intimate partner,
an acquaintance, or a family member. Giving consent means giving a clear “yes” to any type of sexual activity. It is
also rape when penetration takes place when female is drunk high, drugged, or asleep and cannot give consent.

4. Sexual Harassment - Sexual harassment happens when someone at workplace, home, or school makes
unwelcome sexual advances to females mostly or requests sexual favors. It also includes verbal or physical
behaviors that may affect her job, home, or education. These acts are sexual harassment when they are without
victim’s consent, or are unwanted, and interfere with the work or create a hostile or offensive environment.
Sometimes sexual harassment is also sexual coercion- Coercion is when one is forced in a nonphysical way into
sexual activity. Sexual harassers can be anyone — men or women, and can be managers, co-workers, landlords,
teachers, or other students. Sexual harassment does not mean one is in a sexual relationship with the person doing
it.

5. Human Trafficking - Human trafficking is a form of slavery. It happens when a person is forced or tricked into
working in dangerous and illegal conditions or having sexual contact with others against their will. A person who is
trafficked may be drugged, locked up, beaten, starved, or made to work for many hours a day. Girls and women
are the most common victims of sex trafficking, a type of human trafficking.

6. Sexual Coercion- Sexual coercion is unwanted sexual activity that happens when one is pressured, tricked,
threatened, or forced in a nonphysical way. Coercion can make one think she owe sex to someone. Having
someone threaten to spread rumors about victim if she don’t have sex with them or someone having an authority
figure, like a boss, property manager, loan officer, or professor, use their influence or authority to pressure the
victim into having sex are examples of sexual coercion.

Judicial response

In Vishaka v. State of Rajasthan,[25] Supreme Court had framed guidelines and norms for protection of working
women at work place, and it held that it is the duty of the employer to protect women from sexual abuse, which
are later parliament, recognized and enacted Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013.

In Tukaram v. State of Maharashtra[2]

This case is popularly known as ‘Mathura Rape Case’.

After this case, it was interpreted by the Apex Court in many cases that  to constitute the offence of rape, it is not
important that there must be some injury on the body of the victim.

Humanitarian approach of the Judiciary towards sex-workers and sexually abused women:
In Budhadev Karmaskar v. State of West Bengal[26], Court held that generally,our society views prostitutes as
women of low character but, refuse to look at their situation from their perspective. The bench in this case must
be appreciated not just for recognizing their right under Article 21 and directing the state and central governments
to act for their welfare but also, to understand their perspective and impoverished situation. Not only this, but the
bench acted quite actively and gave the directions to Central and State government to prepare schemes for giving
technical/vocational training to sex workers and sexually abused women in all cities in India.

Role of judiciary in safeguarding rape victim:

-Rape is an offence against right to privacy and dignity of women
In Delhi Domestic Working women’s Forum v. Union of India,[41]in Bodhisathwa Gautam v. Subhra Chakraborty,
[42] and in Chairman, Railway Board v. Chandrima Das,[43] etc cases court held that women also have the right to
life and liberty; they also have the right to be respected and reacted as equal citizens. Their honour and dignity
cannot be touched or violated. They also have the right to lead an honorable and peaceful life. Rape is a crime
against basic human rights and is also violative of the victim’s most cherished of the fundamental rights, normally,
the right to life and privacy contained in constitution under Art. 21 and court had provided compensation to rape
victims.

-Two finger test, it’s like getting raped once again

In Lillu @ Rajesh & Anr vs State of Haryana[44],For the first time, the Supreme Court in this case realized the
agony and trauma of a rape victim who had to go through two finger test give her character certification and after
analyzing through various precedents, held that it is violation of victim’s right to privacy and dignity. Court held
that medical procedures should not be carried out in a manner that constitutes cruel, inhuman, or degrading
treatment and health should be of paramount consideration while dealing with gender-based violence. The State is
under an obligation to make such services available to survivors of sexual violence. Proper measures should be
taken to ensure their safety and there should be no arbitrary or unlawful interference with her privacy.

-Rape is not a compoundable offence

With regard to determination of rape cases, in State of Madhya Pradesh v. Madan Lal[45], the Supreme Court
once again clarified that rape cases cannot be compromised or mediated, as rape is a non-compoundable offence.
The Court held that compromise in rape cases would be against the victim’s honor and dignity, which are
sacrosanct. Bench also held that allowing compromise is not a good sign to society and"such an attitude reflects
lack of sensibility towards the dignity, the elan vital, of a woman."

Sexual exploitation of child

Kathua Rape Case

An eight-year-old innocent girl was brutally raped for days. She was sedated, tortured before finally killing her
inside a temple. The nomadic girl had gone missing on January 10 and her body was recovered from the Rasana
forest on January 17, 2018.

Sitapur Gang-rape

A father allegedly ‘gifted’ his daughter to his friends and later joined them to gang-rape her in Sitapur district,
about 70 km away from Lucknow.

Nine Year Girl Raped in Manipur

a 13-year-old boy allegedly raped a nine-year-old girl at his home in Mainpuri, Uttar Pradesh. The boy had
reportedly lured the girl with a silver ring. According to police the alleged rape was committed when the girl was
alone at home. The suspect had lured her to his house and committed the crime.

Ten Year-old raped and Killed in Chhattisgarh

A 25-year-old man raped and then killed a 10-year-old in Chhattisgarh during a wedding. Police said the 25- year-
old accused, who had been arrested, admitted to have raped and killed the child by smashing her head with a
stone. Finding everyone involved in the wedding, he lured the girl away and committed the crime. The body of the
child was found dumped in a dry riverbed in the village.
Child abuse in one or another form has existed in almost all societies throughout the history however, recognition
of child abuse as a social problem is of recent origin. The research on child sexual abuse (CSA) in India has not
received much attention this due to low reporting of victims.

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012

The Act has come into force on the 14th of November 2012. It defines a child as any person below the age of 18
years and provides protection from the offences of sexual assault, sexual harassment and pornography. These
offences have been clearly defined for the first time in law. The Act provides for stringent punishments, which have
been graded as per the gravity of the offence.

The highlights are: (1) The Act is gender-neutral and has listed aspects of touch as well as non-touch behavior
(photographing a child in an obscene manner) under the ambit of sexual offences. (2) The Act incorporates child
friendly procedures for trial of offences and special court to compete trial in a year. (3) For speedy trial, evidence
of child to be recorded in 3 days of offence. (4) The attempt to commit an offence has also been made liable for
punishment. (5) The act also covers trafficking of children for sexual purposes. (6) Burden of proof is shifted on the
accused. (7) The media has been barred from disclosing the identity of the child. (8) In keeping with the best
international child protection standards, the Act provides for mandatory reporting of sexual offences. It also
prescribes punishment for a person if he provides false information with the intention to defame any person,
including a child.

Conclusion-

Even after independence still things have not changed for women and they are subject to all types of exploitation
ranging from domestic violence to physical and emotional attacks to rape and so on. Though of late voices against
women violence have started getting louder and the demand for women empowerment and women rights have
been gaining momentum from all corners of the society, still the need is sweeping legal reforms to be introduced
which could put the guilty of women crime against bars with harsh punishment within no time.