By Adv Devyani N. Nikam
Unchanged Reality! yes it is. Women in India facing violence has become a relentless issue including physical violence, sexual violence or domestic violence mostly committed by men!
Twelve years to the Nirbhaya case and here we are in the same place, facing same situation! – #NIRBHAYA2 #ABHAYA
Egalitarianism – (Gender Equality) – Gender discrimination mostly in favor of men affects many lives of women from the perspective of career growth, progress and development of women leading to disturbing women’s mental peace, torture, harassment and leaving women into traumatic condition for life! Gender Equality is a human right and this should not only be found in the articles, books, or in our constitution, this should be applied recurrently.
Gender based violence – (GBV) Keeping in mind the health, dignity and security of women in India if we talk, must be our of India. Major reasons for GBV are poverty, lack of education and stress at home. Women facing sexual harassment, physical harassment, Mental Trauma, inflicted in Public or in Private including threats of violence, coercion and manipulation, blackmailing causing devastation and leaving lifelong repercussions for women.
Domestic Violence in India – Many of married Indian women face domestic violence between the age of 18-49 have experienced domestic/ sexual violence and some have suffered physical violence during their pregnancy and many more which left unreported. Gender inequality, Substance abuse, Dowry culture (despite of the Dowry Prohibition act, 1961) cases of Dowry and violence against women for dowry are emerging out into our society.
Sexual Harassment – In spite of availability of several women helpline numbers, heinous crimes against women are taking place whether it be on her working place, on roads crimes like stalking, molestation or toxic male gaze. Every time women getting out of their house they’re like “chalo aaj kya naya face karna padega” this has become the current situation, and for this sorry! but women are not at all responsible (this is for those who blame women for their own mistakes) she’s just trying to live her life peacefully, happily just the way she wants and nobody has right to take away her liberty and her choice. I repeat nobody!
Sexual Exploitation Gaining trust first then back stabbing, using women for their own comfort then abusing them publically making harm to their reputation socially, playing with their emotions and blackmailing them, in such situations women must take a stand for themselves. Women must keep a strong proof ready with them in case of anything related to such situation occurs in the future she should be ready with all the material (real evidences which we call) or documentary evidences against the culprit. As stated, under section 69 of Bhartiya Nyay Sanhita, 2023 has introduced an act that if you are engaging in sexual intercourse with a women making false promise to marry is a criminal offence, and offender can face upto 10 years of imprisonment and fine.
Discrimination against women – Women in India have faced huge battles earlier battles such as limited access to education, social evils if we talk about like sati, sexism (Misogyny) – maintaining social rules of patriarchy which has been practiced into our society since many years. Solution to which is ensuring equal access to education, Empower women at workplace, strengthen legal protections, support organizations that fights for gender equality.
Cyber violence against women – Women are said to be more frequent targets for cybercriminals. Such targets can be categorized as, hacking social media accounts and demanding money against the same or demanding personal and private pictures which causes identity theft, even deception to obtain personal information from a victim and can be misused to act under the name of victim. As per the statistics nearly 98% of the cyber violence are committed against women in India. With relation to that crimes such as cyber bullying, cyber stalking (section 354 D, IPC), cyber defamation as well as cyber pornography are some of the crucial issues which need to be controlled by making strong laws against the criminals and action must be taken accordingly. Under such cases immediate action is advisable if not must be reported immediately to the police or to the cyber cell.
Lack of equal opportunities and remuneration – Women still lack rights of owning property on their name, earn income or free from job discrimination throughout the world. These are some of the issues which are been faced today by women across the country. Both men and women must have equal opportunities for financial independence whether it be by setting up the businesses or opportunity to develop personal ambitions, interests and her talent.
Rape laws in India – Truly, rape cases in India are increasing because there are no strict laws against such heinous crime in India, people think we can easily get a way committing such crime. There is no such fear in minds of people while committing such crime. We clearly should not blame women for such crimes because they are living their life just the way they want to, and because due to some creepsters around why should they sacrifice their freedom?! As far as the punishment is concerned according to the law 10 years of imprisonment and fine, that’s it! Is this what you call it a punishment for such heinous crime???!! Ok we live here in urban cities what about the tribal women out there? Think about if someone commits such crime there what are women going to do? How are they going to save themselves? All are not educated, all are not taught to fight back, all are not trained well to handle the situation some will surrender, some will try to fight but fail, ok let’s say we have the women helpline numbers in any case if she won’t get a chance to find help….
Then? Then what next? As far as the criminal justice system is concerned there is no such national document as such exist which can solve the issue as far as the violence against women is concerned.
Punishments for Rape in different countries – v/s India –
1) China – Death sentence or castration
2) Japan – 20 years to life imprisonment or death penalty in case of sexual assault and with that other crime such as robbery
3) Saudi Arabia – Beheading within days
4) North Korea – Death by firing squad
5) Afghanistan- Shot in the head (which is the best) or hang till death
6) Egypt – death by hanging
7) India – Imprisonment for life and shall be liable to fine.
If all the above countries can do so what is stopping India from making the laws strict? what am I trying to convey through this article is, there was no strict change which is being made after the Nirbhaya case. Women must be strong enough to handle the situation is another part, but what if she couldn’t and such crime occurs, we must definitely have to punish the rapists and not only punish, the strict punishments and law enforcements must be made in the field of law so that the lawbreaker will think 100 times before committing any such crime! What I feel is fear and only fear in the minds of the lawbreakers can change this brutal reality now and for that severe laws must be made and yes, for all the women out there those who are reading this get this in your head that start training yourself with some selfdefense techniques at least basic for your own safety and protection, secondly don’t stay at the lonely places for long secure yourself with the maximum people around you. One more thing, wherever you find if any woman is in danger try to save her as possible ways as you can because a woman can only save a woman now.
Conclusion –
Women must be Vigorous and Tough! –
I have called it as ‘The Unchanged Reality’ because this is what is unchanged! but we need certain change now, some sort of change because even after 12 years we are at the same place facing the same situation again, and not only in terms of Rapes but also crimes such as harassment at workplace, gender discrimination and sexual exploitation or cyber violence against women that means somewhere something is definitely going wrong maybe because of lack of strict laws for crime against women in India due to which people don’t fear before committing such heinous crimes anymore, and this is where the problem lies, women must train themselves for some basic self- defense techniques, secure yourself with people around you, and as far as the Indian laws for women is concerned definitely we need harsh laws against such crime! Speak out! Stand up for yourself its high time.