State and Civil Soceity's

Unit 13 CRIME AGAINST WOMEN Response to Women's

Movements

Contents
13.0 Aims and Purpose
13.1 Introduction
13.2 Crime Against Women: Meaning
13.2.1 Crimes Identified Under the Indian Penal Code
13.2.2 Crimes Identified Under the Special Laws
13.3 Different Crimes Against Women
13.3.1 Domestic Violence
13.3.2 Dowry Related Crime
13.3.3 Rape
13.3.4 Prostitution and Trafficking in Women
13.3.5 Sexual Harassment
13.3.6 Female Foeticide
13.4 Concluding Remarks
13.5 Clarification of the Terms Used
13.6 Some Useful Readings

13.0 AIMS AND PURPOSE

This is the first unit of Book 2 as well as Block IV of this course. By now you might
have already covered all the themes discussed in Book 1, where we have discussed
themes such as the conceptual process of gender construction in society, the
status of women in society and the international and national initiatives for the
advancement of women in society. Book 2 deals with specific issues of women
with special reference to Indian situation. The theme of Block IV is Women, Crime
and Law. The present unit will focus on the crimes committed against women in
society. It deals with the crimes that can be dealt with formal legal norms. Most
of these crimes such as foetus killing, rape, sexual harassment, dowry harassment,
immolation of widows, etc., are reflection of the low status of women assigned to
women in a patriarchal society.

The main objective of this unit is to make the student familiar with those crimes
that are committed exclusively against the women. After reading the unit you
will be able to understand:
• The meaning of violence against women and the crimes often committed
against women;
• Various forms of violence against women;
• To contextualise violence against women in the wider social, economic and
political arena of power relations in the society; and
• The legislative measures available to get protection from crime against
women.

13.1 INTRODUCTION
Crime against women arises as a direct result of violence against them. The issue
of violence against women has been the most important issue of women’s movement
in India since 1974-75. First it was the ever-increasing number of ‘dowry deaths’.
Then, from 1980, different rape cases foregrounded rape as a major issue. This
was followed by the revival of the ancient custom of Sati. The limelight next
shifted to female infanticide as well as female foeticide. There was the advent of
ultra modern medical forms of violence against females through bio medical
practices, such as amniocentesis. Domestic violence, sexual harassment at work
place are also forms of violence against women. 9
Women, Social Crimes against women, like all other acts of violence and crimes, have to be seen
Movements and Change in the social, economic and political contexts of power relations. It occurs within
class and caste because of patriarchal social relations under which male power
dominates. A narrow view of crime and violence sees it merely an act of illegal,
criminal use of physical force. But a broader view includes exploitation,
discrimination, upholding of unequal economic and social structures, the creation
of an atmosphere of terror, threat or reprisal and all forms of religio-cultural and
political violence.

In this unit we discuss some of the important crimes, which are regarded as
‘violence against women’. We will look at the crimes identified in the Indian
Penal Code (IPC) and also those which come under Special Law (SL). Different
crimes related to various forms of violence against women are discussed in detail.

Do You Know? 1

UN Declaration on Elimination of Violence Against Women

The United Nations General Assembly adopted the Declaration on the

Elimination of Violence against Women in 1993. It testifies to the
international recognition and understanding that violence against women
is a violation of their human rights and a form of discrimination against
women. The UN underlines a few important points while making this
declaration:

• Violence against women is an obstacle to the achievement of equality,

development and peace.
• Violence against women constitutes a violation of the rights and
fundamental freedoms of women and impairs or nullifies their
enjoyment of those rights and freedoms. There is a long-standing
failure both of the national and international community to protect
and promote those rights and freedoms in the case of violence against
women.
• Violence against women is a manifestation of historically unequal
power relations between men and women, which have led to
domination over and discrimination against women by men and to the
prevention of the full advancement of women. The violence against
women is one of the crucial social mechanisms by which women are
forced into a subordinate position compared with men.

Following UN initiatives the Platform for Action, adopted by the Fourth

World Conference on Women held in Beijing in 1995, identified violence
against women as one of the 12 critical areas of concern requiring special
attention of governments, the international community and civil society.

The Beijing Declaration and Platform for Action identified three strategic
objectives for addressing violence against women:

• Take integrative measures to prevent and eliminate violence against

women.
• Study the causes and consequences of violence against women and
the effectiveness of preventive measures.
• Eliminate trafficking in women and assist victims of violence due to
prostitution and trafficking.

13.2 CRIME AGAINST WOMEN: MEANING

“Significant numbers of the world’s population are routinely subject to torture,
starvation, terrorism, humiliation, mutilation and even murder simply because
10
they are female. Crimes such as these against any other group be recognized asa State and Civil Soceity's
civil and political emergency” (Bunch and Carillo). Response to Women's
Movements
United Nations defines violence against women as “any act of gender-based
violence that results in, or is likely to result in, physical, sexual or mental harm or
suffering to women, including threats of such acts, coercion or arbitrary deprivation
of liberty, whether occurring in public or in private life”. This encompasses, inter
alia, “physical, sexual and psychological violence occurring in the family and in
the community, including battering, sexual abuse of children, dowry-related
violence, rape, female genital mutilation and other traditional practices harmful
to women, non-spousal violence and violence related to exploitation, sexual
harassment and intimidation at work, in educational institutions and elsewhere,
trafficking in women, forced prostitution, and violence perpetrated or condoned
by the state” (www.un.org).

Violence is used to control women and it takes many forms, from rape and murder
to female genital mutilation. Women-specific violence has the function of keeping
women where they are, that is, within the house in a powerless position. Women
become instruments through which the social system reproduces itself and through
which systemic inequality is maintained. This is achieved through women’s
resourcelessness and economic and emotional dependence.

In India, women are guaranteed the rights to equality, freedom, opportunity and
protection by the Constitution and several legislations. Despite all this, they
continue to be victims of various forms of violence because of the male dominated
society, media representation of violence, the increasing crime in society as a
result of poverty, illiteracy and ignorance, poor enforcement of legal provisions,
increasing consumerism and traditional values. Over the past decades, crime
against women has been on increase. Alongwith this, there has been a growing
awareness about this and the registration of crimes has also increased and the
awareness of legal provisions of women’s rights has also gone up. In India, three
major Acts govern legal trials, which are:

• The Indian Penal Code (IPC)

• The Criminal Procedural Code (CrPC)
• The Indian Evidence Act (IEA)

Crimes, in which women alone are the victims, come under the category of
‘Violence against Women’ and special laws are made to tackle them.

Learn From Your Experience 1

Think of different types of crimes committed against women. Make a list of
such crimes, which you witness around you or have ever experienced.

13.2.1 Crimes Identified Under the Indian Penal Code

The following forms of violence against women are identified as crimes under the
Indian Penal Code.

• Rape (Section 376 IPC)

• Kidnapping and Abduction for different purposes (Section 363-373 IPC)
• Homicide for Dowry, Dowry Deaths or their attempts (Section 302/304-B IPC)
• Torture, both mental and physical (Section 498-A IPC)
• Molestation (Section 354 IPC)
• Sexual Harassment (Section 509 IPC)
• Importation of Girls (up to 21 years of age) (Section 366 B IPC)

11
Women, Social
Movements and Change Do You Know? 2
Indian Penal Code
The Indian Penal Code (IPC) provides a penal code for all of India excluding
Jammu and Kashmir. A penal code is that part of the state’s laws that deal
with defining the elements of particular crimes and specifying the punishment
for each crime. The code applies to any offence committed by anyone
anywhere in India and on any Indian registered ship or aircraft (This law
does not however apply to the armed forces or supersede any other Acts).
The Indian Penal Code came into force in 1862 (during the British Raj) and is
regularly amended.

13.2.2 Crimes Identified Under the Special Laws

There are specific offences identified which are committed under the garb of
social practices and which are punishable under special social enactments to
safeguard women and their interest. These offences like sati, dowry demand,
indecent representations of women, female foeticide, domestic and other forms
of violence have been the issues of agitation by social activists, and the government
of India has responded by enacting new laws or amending existing ones providing
for stringent punishments. Sati, the custom of burning widows on the funeral
pyre of their husbands was banned through legislation in 1829. Roop Kanwar’s
Sati case in 1987 raised this issue again. There was large protest by women’s
organisations all over the country against Sati and its glorification. As a consequence
in December 1987, Parliament passed Commission of Sati (Prevention) Act 1987.
But this had some shortcomings like it accepted Sati as suicide. The Act does not
notice that the women usually do not have a choice.

The Dowry (Prohibition) Act, 1961 made demanding and accepting dowry from
the bride’s family a criminal offence. Later amendments to the Act made
punishment for offenses more stringent and shifted the burden of proof (that
there was no demand for dowry) to the person who is alleged to have taken or
abetted the taking of dowry. Any advertisement that relates to the offering of any
share of property in consideration of marriage has also been made punishable.

In case of advertisements and portrayal of the image of women in media, the

Indecent Representation of Women (Prohibition) Act, 1986, prohibits the indecent
representation of women through advertisements, books, pamphlets, etc. One of
the worst crimes against women emanating from the misuse of the advances in
science and technology in modern times has been the increasing use of technology
to determine the sex of the foetus with a view to abort the foetus if it is female.
This crime against the unborn girl child is sought to be tackled through banning
sex selection under Pre-natal Diagnostic Techniques (Regulation and Prevention
of Misuse) Act, 1994. Foeticide is an offence under the Indian Penal Code and
infanticide is tantamount to murder.

The practice of flesh trade or trafficking in women is another crime committed

against women. In order to control this the Immoral Traffic (Prevention) Act, 1986
was enacted. This Act covers all those persons who are sexually exploited for
commercial purposes.

Think It Over 1
Discuss the reasons for the persistence of crimes against women in our society
despite the constitutional provisions for the gender equality as well as
protective legislative measures.

13.3 DIFFERENT CRIMES AGAINST WOMEN

The problem of violence against women remains a pervasive issue in all societies.
12 Unfortunately, this violence takes many forms and occurs across national, cultural,
racial, and religious borders. Violence against women takes various forms. It State and Civil Soceity's
includes: domestic violence, rape, trafficking in women and girls, forced Response to Women's
Movements
prostitution, and violence in armed conflict, such as murder, systematic rape,
sexual slavery and forced pregnancy. It also includes honour killings, dowry-related
violence, female infanticide and prenatal sex selection in favour of male babies,
female genital mutilation, and other harmful practices and traditions. Let us see
some of the common crimes committed against women in the domestic arena as
well as in society at large.

13.3.1 Domestic Violence

One of the most heinous crimes against women is the sexual, physical and
psychological violence that they experience at home and in most cases is committed
by someone the women know and are intimate with. In 48 population-based surveys
around the world, between 10 to 90 percent of women reported being physically
assaulted by an intimate partner at some point in their lives. In some countries
one in four women report sexual violence by an intimate partner, and up to a
third of girls report forced sexual initiation.

Sexual violence crosses race, class and religious divides. In the U.S. a woman is
beaten in every 18 minutes. Domestic violence is the leading cause of injury
among women of reproductive age. In Paris, 70 per cent of all crimes reported to
the police involve women beaten by their husbands. The practice of ‘honour killings’
— where relatives kill a women for alleged adultery or sexual misconduct – are
still common in many societies. In Bangladesh and India women are killed or burnt
with acid for not bringing enough dowry into the husband’s family when they
marry.

Domestic violence is manifested in the form of wife battering in most of the

cases. One of the important outcomes of the anti-rape and anti-dowry campaigns
in India was the realization that violence in many forms may exist for a long time
before it is recognized. Wife battering is invisible because it is hidden in the many
intimate, intricate and complex layers of the relationship between husband and
wife with overtones of romanticism, sexuality and patriarchy. However, the
apprehension of treading into a very personal, private territory is quickly dissipated
when the nature and extent of this violence is investigated, although there is no
hard data to go by in case of domestic violence as the police does not register
what they consider to be a ‘private matter’. The law does not recognize wife
beating except under the general category of manhandling or assault.

Learn From Your Experience 2

You might have witnessed or experienced domestic violence in some sphere
of the society. Write a brief note on ‘Domestic violence faced by women’
based on your experience and information.

Wife battering does not even have social cognizance. By and large neighbours do
not interfere even when they hear screams for help. However, one of the main
reasons for the invisibility of wife battering is the acceptance and attitude of
women themselves to this violence. Most of the women feel they must have failed
as good wives. In that they seek to explain their husband’s violence or alcoholism
or unemployment or sorrow or evil habits acquired from friends.

Only 45 countries have legislation protecting women against domestic violence

and many of these laws are not regularly enforced. In India, to deal with cases of
domestic violence, the Indian Penal Code has been amended to provide punishment
against cruelty to wife by her husband or relatives (any willful conduct) which is
likely to drive the women to commit suicide or to cause grave injury or damage to
life, limb or health (whether mental or physical) of the women or harassment of
a women with a view to coercing her or her relatives to meet any unlawful demand
for property or valuable security, which has been made punishable with
13
Women, Social imprisonment up to three years and fine. Recently, a new legislation titled Domestic
Movements and Change Violence (Prevention) Bill, which was drafted by the National Commission for
Women had been introduced in Parliament to curb domestic violence against
women. This could be possible after a great need was highlighted and felt for a
law on domestic violence. The Domestic Violence Bill, which had been pending
before the Lok Sabha for many years has finally been passed and the legislation
Protection of Women From Domestic Violence Act came into force in 2005.

Do You Know? 3
Protection of Women from Domestic Violence Act, 2005
President A.P.J. Abdul Kalam has given assent to the Protection of Women
from the Domestic Violence Act, 2005, which seeks to provide protection to
victims of violence within the family. The Act will be applicable to all States
and Union Territories except Jammu and Kashmir. It aims at protecting women
from verbal, emotional, economic and sexual abuses and offers free legal
service to such victims. Under the new Act, any woman subjected to mental
or physical injuries, physical abuse, criminal intimidation or force, sexual
abuse (any conduct of a sexual nature that abuses, humiliates, degrades or
otherwise violates the dignity of a woman), will be covered under domestic
violence. Domestic violence, as per the Act, constitutes physical or mental
harm, including sexual, verbal, emotional or economic abuse by a male
member of the family or anyone living under the same roof. Harassment of
the victim with a view to coercing her or any other person related to her to
meet any unlawful demand for dowry or property is also covered under the
new law.
The victim can approach a police officer, protection officer, service provider
or magistrate for relief by way of a protection order; have right to free legal
services under the Legal Services Authorities Act, 1987, and to file a complaint
under Section 498A of the Indian Penal Code, wherever relevant. The
aggrieved person is also entitled to shelter if need be in the shelter home
and will also be provided medical facilities. The State Governments shall, by
notification, appoint such number of protection officers, as far as possible
women, in each district as may be necessary. It shall also notify the area or
the areas within which a protection officer shall exercise the powers and
perform duties conferred on him by or under this Act.

Think It Over 2
What do you understand by domestic violence? Examine how effective will
be the legislation on the prevention of domestic violence be for tackling the
problem.

13.3.2 Dowry Related Crime

In India, the Dowry Prohibition Act, 1961, defines dowry as “any property or valuable
security given or agreed to be given either directly or indirectly a) by any party to
a marriage to the other party; or b) by the parents of either party to a marriage or
by any other person to either party to the marriage or the other person, at or
before or after the marriage”.

The Act says that any person who gives or takes or who abets the giving or taking
of dowry shall be punished with a jail term which may extend to six months or
with fine or with both. It is also an offence to demand, directly on indirectly from
the parents or guardians of a bride any dowry and shall be similarly punished.
However, presents in the form of cash, ornaments, clothes and other articles are
excluded by the Act from its purview. As already mentioned, this Act was later
amended to shift the burden of proof.
Unfortunately, despite this Act and other efforts against dowry, dowry deaths and
14 other dowry related crimes have continued to increase over the years. In 1995,
though in the country dowry deaths recorded a marginal increase in rate (0.6), State and Civil Soceity's
the situation was worse in many states. Delhi had a high rate of 1.5, U.P. of 1.3 Response to Women's
Movements
and Haryana 1.3 in 1995.

Some of the measures which can reduce this crime include increase in literacy,
employment and awareness regarding legal provisions, stringent laws, their
effective implementations, intense social movement and strengthening women’s
property rights.

Learn From Your Experience 3

Speak to different people and collect their opinion about the practice of
dowry. Analyse their opinions with reference to the continuance of dowry
and possible measures to remove it.

13.3.3 Rape
Rape is the most frequently occurring crime against women cutting across caste,
class and religion. It is the most heinous crime that takes place in the society.
Rapes are mostly committed by acquaintances, not strangers as is commonly
believed. It is not a random but a premeditated act on the part of men. Neighbours
pick out the most vulnerable woman who will not be able to complain or fight
back, or men as a group may decide to demoralize another set of men of another
caste or religion by dishonouring family izzat (honour) through the act of rape.
Rapes that take place by family members are almost never reported. The extreme
vulnerability of women, the sexual nature of the crime, societal attitudes regarding
chastity, the indifference of the police and judicial procedures interact with each
other to reverse the roles of the victim and violator.

Consent in Rape and Witness

The Indian Penal Code considers rape as a severe crime, cognisable, non-bailable
and liable for stringent punishment. Section 375 of the IPC considers that rape is
committed when a man has sexual intercourse with a woman against her will or
without her consent or with her consent obtained through coercion, deception,
unsoundness of mind or intoxication. However it is very difficult to prove that
consent was not given by the victim, this being the main criterion in proving rape
cases. But now the rape law has been amended wherein the onus of proving
herself innocent shall not lie with the victim but the rapist will have to prove this
for himself. Before this latest amendment, the rape law was amended twice in
1980 and 1983 after a sustained campaign against this law took place after the
Supreme Court judgement in Mathura Case.

Mathura was a 16 year old tribal girl who was raped by two policemen within a
police station. The Session Court let off the policemen by arguing that Mathura
was used to having sexual intercourse so she could not be raped. The High Court
convicted the policemen and held that mere passive consent given under threat
cannot be deemed to be consent. The Supreme Court set aside the High Court
judgement on the basis that Mathura had not raised any alarm and there were no
visible marks of injury on her body. The judgement led to a large-scale campaign
by women’s organizations for changes in the rape law. Another problematic issue
with a rape case is that of witnesses, which is very difficult as rape is not usually
committed in the presence of others. Society itself creates a lot of problem by
making the victim feel guilty. Rape is related to dishonour and shame. The number
of victims, their silence, an unsure strategy of action, common myths and a lack
of sensitivity towards the issue of rape demands a rethinking and better
implementation of law.

Learn From Your Experience 4

What are the different measures and ways, according to you, which can be
devised and applied to help the rape victims?
15
Women, Social 13.3.4 Prostitution and Trafficking in Women
Movements and Change
The practice of prostitution (now referred to as sex work) and trafficking in
women is also one of the most agonizing crimes against women. Despite various
legal and constitutional provisions for gender equality, crime against women goes
on without any check.

The Suppression of Immoral Traffic in Women and Girls Act (SITA) 1956 was the
first sustained legal effort to curb this practice. It was passed with the basic
objective to punish brothel keepers, procurers and pimps and prevent prostitution
in or outside the vicinity of public places. The Act is applicable to both men and
women. The main purpose of the Act was to abolish or reduce commercialized
vice, and traffic in women and girls. There were, however, certain loopholes in
the Act as it put certain restrictions on the sex workers, which forced them to live
in unhealthy and degrading environment. Section 7(1) of SITA operated against
the interest of sex workers while the partner could get away easily. This Act also
led to a lot of police harassment.

The Act was amended in 1978 and again in 1986 and now is called ‘The Immoral
Traffic (Prevention) Act. Its objective was to do away with the shortcomings of
the previous Act. This Amended Act also did not declare prostitution illegal. Section
2 of this Act makes the definition of brothel to include any place used for the
purpose of sexual exploitation or abuse. Life imprisonment is the maximum
punishment ordained when the offence is committed against minors and children.

There were some efforts to make prostitution legalized in India. In 1997, an

international conference of sex workers was organized in Kolkota where efforts
were made in this direction. Declaring sex work as legalised can solve some of
this problem but it can also lead to institutionalization of prostitution thus
increasing the complexity of the problem.

Do You Know? 4
The Proposed Amendment to the Immoral Trafficking (Prevention) Act
An amendment to the Immoral Trafficking (Prevention) Act is under the
consideration of the government of India. The Indian government is expected
to table an Immoral Trafficking (Prevention) Amendment Bill in Parliament
shortly. Contending that the ITPA in its present form has proven ineffective
in curbing the menace of human trafficking the amendments are proposed
to the Act with the aim of combating human trafficking. The proposed Bill
seeks to delete Sections 8 and 20 of the existing law. Section 8 provides for
punishment for those seducing or soliciting for the purpose of prostitution.
Section 20 relates to removal of a commercial sex worker from any place.
The changes are based on the presumption that since women involved in
trafficking are often victims of trafficking, punishing them only victimizes
them further.
The Bill seeks to change the definition of a child from 16 to 18 years and
increase the quantum of punishment for those persons who own or manage
a brothel. Other proposed changes to the Act will make visiting brothels a
punishable act, as will seducing or soliciting sex. The amendments that
empower the Centre and state governments to set up authorities to combat
the problem also provide for in camera proceedings to protect the privacy
and dignity of victims of trafficking.

Think It Over 3
How is sex work viewed in India — as a crime or social evil? Discuss the legal
provisions available against it.

16
13.3.5 Sexual Harassment State and Civil Soceity's
Response to Women's
Irrespective of the age, class or dress, women are harassed on the streets, while Movements
travelling in buses or trains, or at their workplace. Harassment can range from
verbal lampooning and abuse with suggestive sexual overtones or physical
manhandling, and fingering to ‘accidental’ jostling against women. This is probably
one of the few crimes, which is committed in the broad daylight and is among the
many crimes perpetrated on women which are completely ignored by the police
and the public. Colleges are important site of sexual harassment with a lot of
ragging and verbal teasing taking place on campuses. Terms like eve teasing and
a general attitude of ‘boys will be boys’ makes sexual harassment out to be an
innocent and frivolous activity. What this perverted pleasure actually means and
does to women is seldom considered. In order to be out on the streets, women
have to take precautions, be wary and constantly on guard. Sexual harassment is
designed to create an environment of fear.

Just as women’s sexual and physical autonomy and dignity is at stake on the
street, so is it at work. Sexual harassment at workplace should be considered
even more seriously because it often spells demoralization, loss of professional
self-confidence and even unemployment. All women are potential targets but
young, unmarried ones seem to be especially victimised. Women are made the
targets of unnecessary physical contact, deliberate verbal abuse or, in no uncertain
words, asked for sexual favours.

The situations in which sexual harassment takes place might differ but the effect
it has on women is quite similar. Women who are harassed begin to doubt their
definition as workers and human beings, are overwhelmed by feelings of frustration
and powerlessness and turn defensive, fearful and, work-wise, inefficient. Sexual
harassment has often been called ‘psychological rape’.

There are three sections of the IPC, 509, 294 and 554, which deal with sexual
harassment but most of the times the cases are not reported so the legal provisions
cannot be utilized. For dealing the cases of sexual harassment at workplace there
is no protective legislation passed till date (though it is under the consideration
of the central government); only guidelines are there given by the Supreme Court
in the judgement of the case Vishaka v/s the State of Rajasthan (August, 1997)
prohibiting sexual harassment at workplace.

Do You Know? 5
The Court Case of Vishaka Vs. State of Rajasthan
It was in 1997 in Vishaka Vs. State of Rajasthan and others, that for the
first time sexual harassment had been explicitly and legally defined as an
unwelcome sexual gesture or behaviour whether directly or indirectly as,
a) Sexually coloured remarks
b) Physical contact and advances
c) Showing pornography
d) A demand or request for sexual favours
e) Any other unwelcome physical, verbal/non-verbal conducts being
sexual in nature.
It was in this landmark case that the sexual harassment was identified as a
separate illegal behaviour. The critical factor in sexual harassment is the
unwelcomeness of the behaviour. Thereby making the impact of such actions
on the recipient more relevant rather than the intent of the perpetrator —
which is to be considered.
The case was filed by ‘Vishaka’— a non-Governmental organization working
for gender equality by way of PIL seeking enforcement of fundamental
rights of working women under Article 21 of Indian Constitution.
17
Women, Social
Movements and Change The immediate cause for filing the petition was the alleged brutal gang
rape of a social worker of Rajasthan. The Supreme Court in the absence of
any enacted law to provide for effective enforcement of basic human rights
of gender equality and guarantee against sexual harassment, laid down
the following guidelines:
1) All the employers in charge of a workplace whether in the public or
the private sector, should take appropriate steps to prevent sexual
harassment. Without prejudice to the generality of his obligation; he
should take the following steps:
• Express prohibition of sexual harassment which includes physical
contact and advances, a demand or request for sexual favours,
sexually coloured remarks, showing pornographic or any other
unwelcome physical, verbal/ non-verbal conduct of sexual nature
should be noticed, published and circulated in appropriate ways.
• The rules and regulations of government and public sector bodies
relating to conduct and discipline should include rules prohibiting
sexual harassment and provide for appropriate penalties in such
rules against the offender.
• As regards private employers, steps should be taken to include the
aforesaid prohibitions in the Standing Orders under the Industrial
Employment (Standing Orders) Act, 1946.
• Appropriate work conditions should be provided in respect of work
leisure, health, hygiene, to further ensure that there is no hostile
environment towards women and no woman should have reasonable
grounds to believe that she is disadvantaged in connection with
her employment.
2) Where such conduct amounts to specific offences under the Indian
Penal Code or any other law the employer shall initiate appropriate
action in accordance with the law, by making a complaint with the
appropriate authority.
3) Victims of sexual harassment should have the option to seek transfer
of the perpetrator or their own transfer.
As stated by the Supreme Court, these guidelines are applicable to:
a) The employer or other responsible persons or other institutions
to prevent sexual harassment and to provide procedures for the
resolution of complaints;
b) Women who either draw a regular salary, receive an honorarium,
or work in a voluntary capacity in the government, private or
organized sector come under the purview of these guidelines.

13.3.6 Female Foeticide

It is not uncommon in India to kill newborn females by feeding them opium,
poisonous berry extract, dipping them in milk or simply suffocating them. The
new technology has added another dimension and a sense of legitimacy to the
age-old practice of female infanticide. Female babies are now being eliminated
even before they are born. An ultrasound test is performed by the doctors and
once the sex of the foetus is known, the female foetus is killed by abortions.
‘Better Rs 500 now than Rs 5 lakh later’ says an advertisement for the amniocentesis
test. This test has been banned in Government hospitals but private clinics and
mobile vans continue to perform this test. Although there is a legislation against
this test entitled ‘Pre-natal Diagnostic Techniques (PNDT) Act, 1994’, there are
problems in detecting such cases and clinics and no complaints are lodged against
the offenders. The Act has loopholes like it does not state the specific disorders
and conditions under which the test would be permitted.
18
 State and Civil Soceity's
13.4 CONCLUDING REMARKS Response to Women's
Movements
In this unit we discussed various crimes committed against women. We made an
effort to understand the reasons for various crimes against women and saw how
violence is at the root of all such crimes. We dealt with crimes like domestic
violence; dowry, rape, trafficking, sexual harassment, female foeticide and we
also made reference to other prevalent crimes like Sati and Indecent Representation
of Women. We looked at how various legal provisions are available against most
of the crimes but they tend to remain ineffective in the absence of initiative from
the society at large.

13.5 CLARIFICATION OF THE TERMS USED

Amniocentesis : Test to detect the condition of health and any
abnormality of the foetus. In India it is done to
detect the sex of the unborn child.
Criminal Procedure Code : The Code that lays down the procedural rules for
investigation and trial.
Cognisable : Judicial or Legal, Liable for punishment
Domestic violence : Violence taking place within home, especially
‘wife beating’
Female Foeticide : An act of killing or destroying a female foetus or
unborn girl child through abortion.
Indian Penal Code : Indian body of law that lays down categories of
offenses and stipulates punishment
Trafficking : Buying and selling or trading of girls and women
for sexual purposes.

13.6 SOME USEFUL READINGS

Omvedt, Gail 2000. Violence against Women – New movements and New Theories
in India. Kali for Women: New Delhi
Seth, Mira 2003. Women and Development — The Indian Experience. Sage
Publications: New Delhi

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