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Assignment on Law, Poverty and Development
Assignment on Law, Poverty and Development
Violence against women in India is a pervasive and deeply entrenched issue that demands
urgent attention and action. The prevalence and severity of atrocities such as rape, sexual
assault, and custodial violence highlight the systemic challenges faced by women in the
country. This assignment delves into the multifaceted nature of these atrocities, aiming to
critically analyze the root causes, impact, and implications for society. By shedding light on
these issues, the paper seeks to propose comprehensive solutions that address this pressing
human rights concern and pave the way for a safer and more equitable future for women in
India.
Research Objectives
• To assess the prevalence and trends of various forms of violence against women in
India
• To critically analyze the issue of rape and sexual assault, including its impact on victims
and society
• To examine the problem of custodial rape and sexual assault, and the challenges in
addressing this form of violence
• To identify the root causes and risk factors contributing to violence against women in
India
• To evaluate the effectiveness of the existing legal and policy framework in addressing
atrocities against women
• To propose comprehensive solutions and interventions to prevent and respond to
violence against women in India
Methodology
The research approach and methods used in the assignment on violence against women in India,
particularly focusing on rape, sexual assault, and custodial violence, involve a comprehensive
analysis of existing data and literature to understand the prevalence, causes, consequences, and
potential solutions to address this critical issue.
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The research primarily relies on existing data and literature to analyze the prevalence and
severity of violence against women in India. The sources of data include large-scale surveys
like the National Family Health Survey (NFHS) and research studies conducted by
organizations such as the International Institute for Population Sciences (IIPS) and UNFPA.
These sources provide valuable insights into the prevalence of domestic violence, sexual
violence, and other forms of violence against women in India.
1. National Family Health Survey (NFHS): Data from the NFHS, particularly the third
round (NFHS-3) conducted in 2005-06, is utilized to estimate the prevalence of
physical, sexual, and emotional violence against ever-married women in India.
2. Research Studies: Studies conducted by organizations like UNFPA and academic
institutions provide qualitative and quantitative data on violence against women,
including domestic violence, sexual violence, and child sexual abuse.
3. Literature Review: Existing literature on violence against women in India, including
research papers, reports, and academic articles, is reviewed to understand the root
causes, impact, and implications of these atrocities.
1. Scant Data Availability: Historically, violence against women has been underreported
and often considered a taboo subject, leading to limited data availability on the
prevalence and correlates of domestic violence in India.
2. Methodological Challenges: Conducting research on violence against women poses
methodological challenges, including defining operational definitions of violence,
sampling frames, and identifying risk factors related to violence.
3. Ethical Considerations: Researching violence against women requires adherence to
strict ethical principles to ensure the safety and well-being of participants and maintain
confidentiality and sensitivity towards the subject matter.
4. Reluctance and Stigma: The sensitive nature of the topic often leads to reluctance
among policymakers and stakeholders to address the issue, further complicating
research efforts and intervention strategies.
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RAPE AND SEXUAL ASSAULT IN INDIA
In India, rape and sexual assault are defined under the Indian Penal Code. Rape is
broadly defined as any act of sexual penetration without consent, including penetration
by penis, object, or any body part into the vagina, mouth, urethra, or anus of a woman.
The law considers lack of physical resistance immaterial for constituting an offense.
Sexual assault encompasses a wider range of non-consensual sexual acts, including acts
of oral sex and other forms of sexual penetration without consent.1
• According to the National Crime Records Bureau (NCRB) data, rape is the fourth most
common crime against women in India. In 2021, there were 31,677 reported rape cases,
averaging 86 cases daily, showing a rise from previous years.2
• The prevalence of rape and sexual assault in India is a significant concern, with a high
number of cases reported annually. The data indicates a disturbing trend of increasing
reported incidents over the years.3
• Rape and sexual assault have profound physical, psychological, and social impacts on
victims. Survivors often experience trauma, fear, and stigmatization, leading to long-
term emotional distress and mental health issues.
• The societal impact of rape and sexual assault is far-reaching, contributing to a culture
of fear, mistrust, and insecurity, particularly among women and vulnerable populations.
These crimes erode trust in institutions and perpetuate a cycle of violence and impunity.
• Reporting of rape and sexual assault cases in India faces significant challenges due to
stigma, fear of retaliation, and societal pressure to remain silent. Many cases go
unreported, leading to underestimation of the true prevalence of these crimes.
1
https://equalitynow.org/learn_more_sexual_violence_in_india/
2
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3777346/
3
https://www.ohchr.org/sites/default/files/Documents/Issues/Women/SR/RapeReport/CSOs/162-india-2.pdf
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• Investigation and prosecution of rape cases are often marred by delays, lack of
sensitivity, and systemic barriers. Survivors encounter obstacles in accessing justice,
including discriminatory attitudes, insufficient legal aid, and low conviction rates.
• The legal response to rape and sexual assault in India has evolved over the years, with
amendments to the penal code and criminal laws aimed at strengthening protections for
survivors and enhancing accountability for perpetrators.
Custodial rape and sexual assault refer to incidents where a person in a position of
authority, such as a police officer, prison staff, or personnel in a hospital or other
institution, exploits their power to engage in non-consensual sexual acts with
individuals under their supervision or care.4
In India, custodial rape is defined under Section 376C of the Indian Penal Code, which
was introduced through the Criminal Law Amendment Act of 1983. This law
recognizes sexual intercourse by a person in authority as a separate category of sexual
offenses, even if the victim appears to have consented due to the coercive nature of the
situation.5
Custodial rape and sexual assault are prevalent in various institutions, including police
stations, prisons, and armed forces. According to the National Crime Records Bureau
(NCRB) data, Uttar Pradesh has reported the highest number of custodial rape cases in
recent years.
The actual prevalence of custodial violence is likely much higher than reported due to
the challenges victims face in registering complaints against authorities. Victims often
fear retaliation, lack trust in the system, and face societal stigma, leading to
underreporting of these crimes.6
4
https://www.lawcian.com/post/custodial-rape-in-india
5
https://www.legalserviceindia.com/legal/article-6337-custodial-rapes.html
6
https://www.freelaw.in/legalarticles/Custodial-Rape-in-India
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Impunity and Lack of Accountability:
Perpetrators of custodial rape and sexual assault often enjoy impunity due to their
positions of power and the challenges in holding them accountable. Before the 2013
amendment, Section 197 of the Criminal Procedure Code required the sanction of the
central or state government before initiating proceedings against a public servant for
acts committed while discharging their official duties.
The burden of proof in such cases lies with the victim, who must provide evidence and
recall details of the traumatic incident to prove the crime. This process can be re-
traumatizing and discouraging for survivors seeking justice.
The Vishaka case was a landmark judgment regarding the protection of women against sexual
harassment at the workplace. This case stemmed from an incident in 1992 where a lower-caste
social worker, Bhanwari Devi, was sexually harassed at her workplace. The Supreme Court's
ruling in this case led to the formulation of the Vishakha Guidelines against sexual harassment
at the workplace, setting a precedent for addressing workplace sexual harassment and ensuring
the fundamental rights of women.
The Bhanwari Devi case is emblematic of the influence of caste bias on the justice system and
the use of sexual violence to silence women advocates. Bhanwari Devi, a lower-caste social
worker in Rajasthan, faced sexual violence as a form of retaliation for her advocacy work. This
case underscored the need for legal protections against sexual harassment in the workplace and
highlighted the challenges faced by marginalized women in accessing justice.
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4. Hathras Gangrape Case (2020):
The Hathras gangrape case involved the brutal assault and subsequent death of a young Dalit
woman in Uttar Pradesh in 2020. This case sparked national outrage and shed light on the
pervasive issue of sexual violence against Dalit women in India. The incident prompted calls
for justice, accountability, and systemic reforms to address caste-based sexual violence.
In the landmark case of Paramvir Singh Saini vs Baljit Singh (2020), the Supreme Court of
India ordered the installation of CCTV cameras in all police stations across the country,
including interrogation rooms, to prevent custodial violence and ensure accountability.
The Criminal Law (Amendment) Act, 2013 provided that in cases where a public servant is
alleged to have committed rape under Section 375 of the IPC, no sanction is required to initiate
proceedings. This amendment aimed to address the issue of impunity and facilitate the
prosecution of perpetrators.
Despite legal reforms and judicial interventions, custodial rape and sexual assault remain a
persistent problem in India. Addressing this issue requires a multi-pronged approach, including
strengthening victim support services, capacity building of law enforcement and judicial
authorities, and fostering a culture of accountability and zero tolerance for such crimes.
• Gender inequality and patriarchal norms play a significant role in perpetuating violence
against women in India. Deep-rooted societal beliefs that prioritize male dominance
and control contribute to the subjugation of women and justify acts of violence as a
means of asserting power and control.7
• Patriarchal structures reinforce gender roles that limit women's autonomy and agency,
creating an environment where violence against women is normalized and often
excused. The unequal power dynamics inherent in patriarchal societies contribute to the
prevalence of various forms of violence against women.8
7
https://www.legalserviceindia.com/legal/article-11497-factors-responsible-crimes-against-women-in-india.html
8
https://www.drishtiias.com/to-the-points/Paper2/violence-against-women
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Socio-Economic Factors:
• Physical Health: Violence against women can result in physical injuries, gynecological
problems, temporary or permanent disabilities, and even death. The direct physical
harm inflicted on women can lead to injuries, chronic health conditions, and
reproductive health issues.
• Mental Health: The psychological impact of violence against women is profound,
leading to conditions such as depression, post-traumatic stress disorder (PTSD),
9
https://www.legalserviceindia.com/legal/article-11497-factors-responsible-crimes-against-women-in-india.html
10
https://www.legalserviceindia.com/legal/article-11497-factors-responsible-crimes-against-women-in-
india.html
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anxiety, and other mental health disorders. Women may experience fear, anxiety,
shame, guilt, and apathy as a result of the trauma, impacting their overall well-being.
• Social Consequences: Women who experience violence often face social stigma,
isolation, and discrimination. The breakdown of social relationships, loss of trust, and
feelings of shame can further exacerbate the social consequences of violence against
women, affecting their relationships within their families and communities.11
• Intergenerational Trauma: Violence against women can have lasting effects on future
generations, perpetuating cycles of abuse, trauma, and dysfunction within families.
Children who witness domestic violence may develop serious emotional, behavioral,
and developmental problems, leading to long-term consequences for their well-being.
• Impact on Families and Communities: The ripple effects of violence against women
extend beyond individual victims to impact families, communities, and society at large.
Disrupted family life, loss of trust in institutions, and social disintegration can have far-
reaching implications for social order, cohesion, and the overall well-being of
communities.13
11
https://www.researchgate.net/publication/328353648_Consequences_of_Violence_against_Women_on_Their
_Health_and_Well-being_An_Overview
12
https://nap.nationalacademies.org/read/5127/chapter/
13
https://www.stopvaw.org/consequences_and_effects_on_women
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LEGAL AND POLICY FRAMEWORK
• The legal framework in India includes various laws and judicial interventions aimed at
addressing violence against women. Laws such as the Protection of Women from
Domestic Violence Act, 2005, the Indian Penal Code, and the Criminal Law
(Amendment) Act, 2013, provide legal provisions to protect women from different
forms of violence.
• Judicial interventions, such as landmark judgments and directives by the Supreme
Court, have played a crucial role in interpreting and enforcing laws related to violence
against women. These interventions have helped in setting precedents, clarifying legal
ambiguities, and ensuring accountability for perpetrators.
• Strengths: The legal framework in India has evolved over the years to provide specific
provisions for addressing violence against women. The enactment of laws like the
Domestic Violence Act and the Criminal Law (Amendment) Act reflects a commitment
to protecting women's rights and ensuring justice for survivors.
• Limitations: Despite the existence of laws, there are challenges in the effective
implementation and enforcement of legal provisions. Issues such as delays in legal
proceedings, lack of awareness about legal rights, and barriers to accessing justice
hinder the efficacy of the legal framework in addressing violence against women.14
• National and state-level policies and action plans have been formulated to address
violence against women in India. Initiatives like the National Mission for the
Empowerment of Women and the Beti Bachao, Beti Padhao campaign aim to empower
women, prevent violence, and promote gender equality.
• While these policies demonstrate a commitment to addressing violence against women,
their effectiveness is often hindered by challenges in implementation, resource
14
https://www.un.org/preventing-sexual-exploitation-and-abuse/content/victim-assistance
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constraints, and gaps in coordination between different stakeholders at the national and
state levels.15
Prevention Efforts:
15
https://pib.gov.in/newsite/erelcontent.aspx?relid=35773
16
Id.
17
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4462781/
18
https://www.un.org/preventing-sexual-exploitation-and-abuse/content/victim-assistance
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Effectiveness of Support Services for Victims:
• Medical Assistance: Immediate medical care and forensic examinations are crucial for
victims of violence. Medical services not only address physical injuries but also provide
documentation for legal proceedings and support the overall well-being of victims.
• Legal Support: Legal assistance helps victims navigate the justice system, file
complaints, seek protection orders, and access legal remedies. Legal services ensure
that victims understand their rights, receive legal representation, and have their voices
heard in court.19
The research on atrocities against women in India, particularly focusing on rape, sexual assault,
and custodial violence, highlights the pervasive and complex nature of this issue. The findings
underscore the urgent need for comprehensive solutions that address the root causes, strengthen
legal and policy frameworks, and empower women to exercise their rights and access justice.
19
http://archive.ncpc.org/topics/violent-crime-and-personal-safety/strategies/strategy-community-based-victim-
assistance.html
20
https://www.stopvaw.org/victim_protection_support_and_assistance
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To address these challenges, the research proposes the following recommendations:
Legislative Reforms:
• Strengthen existing laws and introduce new legislation to provide robust legal
protections for women against all forms of violence.
• Ensure that laws are gender-neutral, victim-centric, and focus on prevention, protection,
and rehabilitation.
• Amend laws to remove discriminatory provisions and address gaps in the legal
framework.
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Multi-Stakeholder Approach:
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MC MEHTA V. STATE OF TAMIL NADU 1996
Facts
In this case, child labour in the town of Sivakasi, Tamil Nadu, particularly in hazardous
industries like matchstick and firecracker manufacturing, was a pressing issue. M.C. Mehta, a
concerned lawyer, filed a petition under Article 32 of the Indian Constitution, contending that
child labour in these hazardous industries was morally unacceptable and violated constitutional
rights. The Tamil Nadu government did not oppose the claims and proposed solutions.
The court issued directives to improve the welfare of child labourers. Subsequently, after an
accident in a fireworks factory in Sivakasi, the court took suo motu cognizance and initiated
further action to address safety and labour concerns. This case is significant for its judicial
intervention in combating child labour and improving working conditions in Sivakasi, making
it a landmark case in the context of child labour laws and child rights in India.
Issues Involved
The issue before the court was to find practical and efficient alternatives to put an end to the
employment of children in dangerous and harmful labor. Additionally, the court addressed
matters pertaining to the education and overall well-being of children, emphasizing their
growth and development.
Contentions of Parties
In this case the contentions of both parties were as follows:
M.C. Mehta stressed that child labour in such perilous conditions not only deprived children
of their childhood but also exposed them to significant health and safety risks. He sought
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immediate judicial intervention to eradicate child labour in these hazardous industries and to
provide these children with opportunities for education and development.
Rather than presenting a counter-argument, the respondent submitted ideas and proposals to
tackle the problem. These proposals included measures to improve the living conditions of
child labourers, ensure access to education, and provide avenues for the growth and
development of these children. The state aimed to work collaboratively with the court and the
petitioner to implement these measures and rectify the situation.
Judgement
The Court held that child labour is not confined to Siva Kasi. The court cited various provisions
of the Constitution of India, including Articles 24, 39(e) and 9(f), 41, 47 which protect the
social rights of children by prohibiting child labour, see that they are accompanied by free and
compulsory education and the provision of honourable standards. Domestic laws like the
Apprentice Act, Conditions of Employment for Bidi and Cigar Workers, and Child Labor
(Prohibition and Regulation) Act also protected these rights Besides, India adopted the
Convention on the Rights of the Child extending protection into the various aspects of a child’s
life.
The Court considered the causes of child labour in India, including Nazir Ahmed Shah’s “Child
Labor in India”, Dr Amar Singh and Raghuvindar Singh have discussed articles such as
“Conventions”, “Trust” etc. on Indian Child Labour” by Dr. J. C. Kulshrestha. The major
causes include poverty, retirement age, lack of employment schemes, lack of hydraulic fatigue,
child labour, a lack of compulsory education, illiterate parents, and cultural services.
The main reason determined by the court was the deteriorating financial situation of the
families, forcing the children to work hard. To remedy this, the court ordered the creation of a
welfare fund (called The Fund) for child labour rehabilitation. Anyone who violates child
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labour laws will have to pay a fine of twenty thousand rupees was donated for the growth of
the child.
The court directed the government to ensure that a family member of the child’s household,
where the child had been employed in hazardous work, would receive employment. This adult
would be responsible for ensuring the child’s full-time education and keeping them away from
hazardous labour. However, the court acknowledged that this could potentially burden the state.
Therefore, if the government couldn’t employ the adults, they have to contribute five thousand
rupees to The Fund for each child employed in hazardous work.
In essence, the M.C. Mehta case exemplifies the judiciary’s commitment to social justice and
the protection of children’s rights in India. It set important legal precedents and provided a
comprehensive framework for addressing the complex issue of child labour, serving as a
beacon of hope for the eradication of this social evil across the nation.
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