Crimes against women can be
defined as the acts aimed at a woman by virtue of her sex. These include
harassment at workplace, harassment for dowry, sexual exploitation, kidnapping,
murder, etc. Incidents of exploitation of women both at home or at the
workplace are on a rise. In Vishakha v State of Rajasthan[1],
the Supreme Court, while stating that harassment at workplace is violation of the
right to work under Article 16 of the Constitution, laid out various guidelines
to curtail harassment of women at workplace. Crimes against women can be
classified as:-
(1) Crimes
under the Indian Penal Code
(2) Crimes
under special and local laws
(1) Crimes
under the IPC
(i)
Rape (Sections 375, 376, 376 A-D) – rape is
sexual intercourse against the will and consent of the woman. It includes
consent obtained by coercion, misconception of fact, unsoundness of mind and
minority. The Code further provides for marital rape (in case the wife is under
the age of 16 years), custodial rape.
(ii)
Kidnapping (Sections 363-369) – kidnapping is
the act of taking away a person by a person who is not the legal guardian. The offence
under the Code includes kidnapping for the purpose of subjecting the person to
slavery, grievous hurt, gratification of unnatural lust or compelling her to
marry any person against her will.
(iii)
Murder, dowry death, abetment of suicide, etc
(Sections 302, 304 B, 306) – section 304 B provides that if a married woman
dies under suspicious circumstances within seven years of her marriage and
there has been harassment for dowry before her death, it would amount to dowry
death. Under Section 306, abetment of sati as well as suicide following cruelty
by husband or his relatives are punishable.
(iv)
Cruelty by husband or relatives of husband
(Section 498 A) – cruelty in relation to dowry demand is an offence under the
provisions of Section 498 A.
(v)
Outraging the modesty of a woman (Section 354) –
a woman is assaulted or criminal force is used against her to outrage her
modesty. To comprise the offence, intention is the key ingredient.
(vi)
Insult to the modesty of a woman (Section 509) –
intentionally causing insult by means of words, sounds, gestures or intruding
upon a woman’s privacy amounts to insulting her modesty.
(vii)
Importation of girls (Section 366 B) – when a
girl below the age of 21 years is imported with the intent of forcing or
seducing her to illicit intercourse with another person, it is punishable with
imprisonment which may extend up to 10 years and with fine.
(2) Crimes
under the special and local laws
(i)
The Commission of Sati (Prevention) Act, 1987 –
under the Act, punishments are stipulated not only for the practice of sati but
also for its glorification. Sati or the burning or burying alive of widows or
women is revolting to the feelings of human nature and nowhere enjoined by any
of the religions of India as an imperative duty and it is necessary to take
more effective measure to prevent the commission of sati and its glorification.
(ii)
The Dowry (Prohibition) Act, 1961 – under the
Act, both the offering as well as taking of dowry is an offence. It penalizes
not only those who demand dowry but also those who offer it.
(iii)
The Immoral Traffic (Prevention) Act, 1956 – the
Act aims at preventing prostitution and makes it punishable to traffic as well
as harboring women for prostitution.
(iv)
The Indecent Representation of Women
(Prohibition) Act, 1986 – the Act aims to prohibit indecent representation of
women through advertisements or in publications, writings, paintings, figures
or in any other manner and for matters connected therewith or incidental
thereto. The salient features of the Bill are;(a) Indecent representation of
women has been defined to mean the depiction in any manner of the figure of a
woman, her form or body or any part thereof in such a way as to have the effect
of being indecent or derogatory to or denigrating, women or is likely to
deprave, corrupt or injure the public morality or morals.
(b) It is proposed to prohibit all advertisements,
publications, etc. which contain indecent representation of women in any form.
(c) It has also been proposed to prohibit selling,
distribution, circulation of any books, pamphlets, etc. containing indecent
representation of women.
(d) Offences under the Act are made punishable with
imprisonment of wither description for a term extending to two years and fine
extending to two thousand rupees on first conviction. Second and subsequent
convictions will attract a higher punishment.
(v)
The Child Marriage Restraint (Amendment) Act,
1979 – the Act prohibits the marriage of underage children.
(vi)
The Protection of Women from Domestic Violence
Act, 2005 – the Act aims to protect not just the wives but also any woman
living as a wife from domestic violence. It covers those women who are or have
been in a relationship with the abuser where both parties have lived together
in a shared household and are related by consanguinity, marriage or through a
relationship in the nature of marriage or adoption. In addition, relationships
with family members living together as a joint family are also included. Even
those women who are sisters, widows, mothers, single women, or living with the
abuser are entitled to legal protection under the proposed legislation.
However, whereas the Bill enables the wife or the female living in a
relationship in the nature of marriage to file a complaint under the proposed
enactment against any relative of the husband or the male partner, it does not
enable any female relative of the husband or the male partner to file a
complaint against the wife or the female partner.
It defines the
expression "domestic violence" to include actual abuse or threat or
abuse that is physical, sexual, verbal, emotional or economic. Harassment by
way of unlawful dowry demands to the woman or her relatives would also be
covered under this definition. It provides for the rights of women to secure
housing.
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