INTRODUCTION
India is a country known for its rich culture and heritage, diverse traditions, and where girls are considered as the form of goddesses, has been grappling with a persistent trend of crime against women as we all are aware of the sexual offence cases against women and minors girls increasing on an alarming rate. According to a report published by ‘The National Crime Record Bureau’ (NCRB) in 2023, 4,45,256 cases related to crime against women were registered in 2022. This includes cases of cruelty by husband and relatives, voyeurism, rape, abduction, sexual harassment, acid attacks etc.
There are various laws in India to protect and punish such crimes related to women under the new law. The Bharatiya Nyaya Sanhita, 2023 and other special laws for specific kinds of offences are there, but still, the crime rate against women is increasing every year. So now the primary concern is why such offences are increasing even after providing punishment provisions. We have rigorous punishment provisions related to sexual offences, but still above 31,000 rape cases reported in 2022 and there are a lot more cases which never reported. So it is very important to find out the root causes of the increment of offences against women.
FACTORS RESPONSIBLE
There are various causes for these crimes, like-
- Gender discrimination:
The very basic and root cause is gender discrimination. Women are considered as inferior to that of men. Women are considered weaker than men and always compared with men, they are restricted in every sense it is education, freedom to decision making or even freedom to choose a life partner. The will of men is always thrust upon women. This sense of superiority makes men free to commit crimes against them and treat them as they want.
- No proper implementation of laws:
There are several laws to deal with the crimes against women in society, but still, crimes are rising at an alarming rate and the graph of crimes continues to go up. So the lack of implementation of laws is the major factor responsible for such crimes.
- Lack of legal knowledge:
People are not aware of their rights, and laws. If a wrongdoer is aware of the legal consequences of his act, these crimes wouldn’t have gone so high, if a victim is also aware of the law, she can approach competent authorities to get her right and to punish the criminal.
- Lack of moral education:
Lack of moral education is one of the major factors responsible for the increase of [1]crimes against women in society. Children are not being provided with ethical and moral values in the educational institutes and by parents of children, which leads them not to treat others with respect at all. Because ethical and moral values are almost dead in modern children that leads them to commit such crimes.[2][3]
- Media and pornographic content:
One of the biggest causes of the increase in sexual offences against women is social media and pornographic content. In present India because of the unlimited availability of the internet and smartphones, people are coming in contact with explicit content, which is the major factor in increasing sexual desires of the people. It is not only increasing sexual thoughts and desires but also a major cause of mental disturbance to people.
Some of such examples are-
Bollywood movies and other entertainment platforms:
Almost in every Bollywood movie, there are several sexual scenes, and such scenes have a very negative effect on children’s thoughts. Even some social media platforms are showing soft pornographic content to earn money.
Pornographic content
In the present time, it is very easy even for a child to access such pornographic content. According to Google data, 90% of boys and 60% of girls are exposed to online pornography before the age of 18 years and India is one of the top ten countries in porn consumption. Such kind of content is unrealistic and addictive which changes a person’s attitude unhealthy towards sex and relationships. More consumption of such content can make a person more aggressive and higher likelihood of committing sexual offences.
MAJOR CRIMES AND PUNISHMENTS
- Cruelty-
Cruelty is defined as a crime under section 86 of Bharatiya Nyaya Sanhita,2023(BNS). Cruelty is the intentional conduct that is likely to cause grave injury, danger to life, or suicide, or to cause physical or mental harm to a woman, or to meet any unlawful demand of dowry. Under section 85 of BNS,2023 husband or relative of the husband of a woman subject such woman to cruelty shall be punished with imprisonment up to three years and shall be liable to fine. According to a report of ‘The National Family Health Survey’ 30% of women in India are subjected to physical and sexual violence. To protect women from such kind of physical violence by husband and relatives of husband ‘Protection of Women from Domestic Violence Act,2005’ came in force.
- Acid Attacks-
An acid attack involves the premeditated throwing of acid on a victim, usually on her face. It is a gender-based heinous crime against women. Acid attack not only causes severe pain, it also causes permanent disfiguration and psychological trauma to the victim. The registered cases of acid attacks in recent years are 200 to 250 cases. It is punishable under section 124 of BNS,2023 ‘If any person causes grievous hurt to someone by throwing acid’ he shall be liable for a minimum punishment of 10 years, or life imprisonment.
- Sexual Harassment-
Sexual harassment of women is also a heinous crime increasing in India, a large number of sexual harassment cases register every year in India. Sexual harassment is punishable under section 75 of BNS,2023 and the accused is liable for rigorous imprisonment of up to three years, or fine, or with both. There are more than 400 cases of sexual harassment cases against women at workplaces every year, which were registered. There are a large number of sexual harassment cases that never came in front of authorities. The very basic cause of non-registration of such cases is job insecurity in women, so women are sometimes afraid to complain. Due to the filing of complaints by women, such persons use to harass other women, which leads to an increase in more and more cases. For the protection of women from sexual harassment Indian government came up with a law ‘The Sexual Harassment of Women at Workplace ( prevention, prohibition and Redressal) Act, 2013’. This Act applies to all workplaces, including governmental, private and non-governmental organizations.
RAPE:
Rape is a very heinous crime that affects victims and their families in devastating ways. According to the data of rape cases in India, more than 30,000 rape cases got registered in each recent year. Rape is defined under section 63 of the BNS,2023 and under section 64 punishment for the offence of rape, which shall not be less than 10 years, but may extend to imprisonment of life, and shall also be liable to fine. Other provisions related to rape are defined under sections 65-71 of BNS,2023.
CONCLUSION
The offences against women in India are a complex issue that requires immediate attention and a collective action of the complete society. We have to address root causes and strengthen our laws and enforcement. We have to work together and spread legal and moral awareness to the public to create a safer and more equitable society. It is very essential to prioritize women’s safety, dignity and well-being and make our country a place where women can live without fear of violence, discrimination and harassment.
Author(s) Name: Nakul (Central University of Haryana)
References-
[1] Legal service India, ‘Factors responsible: crimes against women in India<https://www.legalserviceindia.com/legal/article-11497-factors-responsible-crimes-against-women-in-india.html >accessed 15th August 2024.
[2] Statista, ‘ women harassment cases in India’< 2022’https://www.statista.com/statistics/633412/reported-cases-women-harassmen-india > accessed 17th August 2024
[3] Ministry of law and justice, ‘The Bharatiya Nyaya Sanhita,2023’<https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf>accessed 23rd August 2024.
