“Yatra naryastu pujyante ramante tatra Devata,
yatraitaastu na pujyante sarvaastatrafalaah kriyaah”
“Where Women are honoured, divinity blossoms there, and where ever women are dishonoured, all action no matter how noble it may be, remains unfruitful.”
This mantra from Smriti clearly shows the high place of respect for women in the society in ancient India, even so the status of women in practical aspects was not clear. But later on, because of social, political and economic changes in the society, women lost their status and divine position in Indian society. Many evil customs, traditions and practices stepped in society which enslaved the women and confined them within the boundaries of the house. In scriptures the women’s status was so high but practically it was low because women were prohibited to take part in making decisions in internal matters and as well as external matters, even in the matters of her own life like marriage. Before marriage women were dependent on their parents and after marriage dependent on her husband.
Later on, the discrimination was also observed against women in society in terms of acquisition of education and other rights and facilities. In the period of Mughal rulers, the position of women was in deteriorated condition with the prevalence of child marriage, Sati Pratha, polygamy and the Purdah system and other evil customs and traditions.
The Crime Against Women means direct or indirect physical or mental cruelty to women or crimes in which women are victims are characterized as Crime Against Women. The official reports clearly showed a declining sex-ratio between men and women, health status of women, literacy rate of women, work participation rate and political participation of women. While on the other hand the spread of social evils like dowry deaths, child marriage, domestic violence, rape, sexual harassment, exploitation of women workers are increasing day by day in different parts of India. Humiliation, rape, kidnapping, molestation, dowry death, torture, wife-beating etc. have grown up over the years.
Classification of Offences against Women:
The various provisions of Indian Penal Code, 1860 deals with various heinous crimes against women happening in the society like rape, kidnapping, domestic violence etc. and prescribe punishment for offender and compensation to women who are victims of such crimes in order to prevent such crimes in society.
Crime against Women (Under Indian Penal Code, 1860)
1. Rape (Sec.376, 376A, 376B, 376C, 376D)
2. Kidnapping (Sec. 359, 360 366)
3. Assault to outrage modesty (Sec.354, 354B)
4. Domestic violence (Sec. 498A)
5. Sexual harassment (Sec. 354A)
6. Dowry deaths
7. Eve Teasing (Sec. 509)
8. Chain snatching (Sec. 378)
9. Acid attack (Sec. 326A, 326B)
10. Stalking (Sec. 354D)
11. Women trafficking (Sec. 370, 370A, 372 373)
1. RAPE:
Section 375 to 377 of the Indian Penal Code, 1860 deals with the sexual offences against women. In simple term it can be said that sexual intercourse with a women without her consent is “rape”.
Section 375 of Indian Penal Code, 1860 states that-
A man is said to commit “rape” if he- penetrates his penis or insert any object or a part of body in to vagina, anus, mouth, urethra of a woman or make her to do so with him or any person; or manipulates any part of body of a women so as to cause penetration in to vagina, anus, mouth, urethra of a woman or make her to do so with him or any person; or applies his mouth to the vagina, anus, mouth, urethra of a woman or make her to do so with him or any person,
Under the circumstances,
Firstly– Against her will.
Secondly– Without her consent.
Thirdly– With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
Fourthly- With her consent, when the man knows that he is not her husband, and that consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly– With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixth- With or without her consent, when she is under age of eighteen years.
Seventhly- when she is unable to communicate consent.
Exception1- A medical procedure or intervention shall not constitute rape.
Exception 2- Sexual intercourse by man with her consent his own wife, the wife not being under fifteen years of age, is not rape.
In Deepak Gulati v. State of Haryana (AIR 2013 SC 2017) the Court held that intercourse under the promise of marry constitute rape only if from initial stage accused had no intention to keep promise and the intention of the accused was mala fide and that he had clandestine motive.
Sec 367. Punishment for rape-
Section 367 of the Indian Penal Code, 1860 prescribes punishment for the crime.
(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years but which may be for life, and shall also be liable to fine.
(2) Whoever,-
(a) Being a police officer commits rape-
(i) Within the limits of the police station to which he is appointed; or
(ii) In the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) On a woman is his custody or in the custody of a police officer subordinate to him; or
(b) Being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or
(c) being a member of armed force deployed in area by the Central or a State Government commits rape in such are, or
(d) Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or
(e) Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or
(f) Being a relative, guardian or teacher of, or a person in a position of trust or authority towards the women, commits rape on such woman. Or
(g) Commits rape during communal or sectarian violence; or
(h) Commits rape on a woman knowing her to be pregnant; or
(j) Commits rape, on a women incapable of giving consent; or
(k) Being in a position of control or dominance over the women, commits rape on such woman; or
(l) Commits rape on a woman suffering from a mental or physical disability; or
(m) While committing rape causes grievous bodily harm or maims or disfigures or endanger the life of woman; or
(n) commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be extend to imprisonment for life, and shall also be liable to fine.
(3) Whoever, commits rape on a woman under sixteen year of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may be extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
2. Kidnapping-(Section 359, 360, 366)
The term kidnapping refers to two kind of kidnapping under section 359 of the Indian Penal Code which are kidnapping from India and kidnapping from lawful guardianship.
Section 363 in The Indian Penal Code prescribed punishment for the kidnapping.
Punishment for kidnapping—whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(Section 366) Kidnapping, abducting or inducing woman to compel her marriage, etc.— Section 366 of Indian Penal Code, 1860 states that Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine;
and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable as aforesaid.
3. Assault to outrage modesty (Sec.354)
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
4. Domestic violence (Sec. 498A)
Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
5. Sexual harassment (Sec. 354A)
According to section 354A of Indian penal code,
(1) A man committing any of the following acts-
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Assault or use of criminal force to woman with intent to disrobe ( Section 354B)-
Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing1 or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
6. Dowry deaths
Section 304B of Indian Penal Code, 1860 states that,
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
7. Eve Teasing (Sec. 509)
Section 509 of the Indian Penal Code states that Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
8. Chain snatching (Sec. 378)
Section 378 of The Indian Penal Code deals with the crime of theft. Chain snatching is one of the active crime of theft against the women in the modern society. The women belonging to the old age are most affected group of this crime.
Section 378 of the Indian Penal Code, 1860 states that whoever, intending to take dishonestly any moveable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
9. Acid attack (Sec. 326A, 326B)
Acid attack is one of the most dangerous crime against the women. The younger generation of women are mostly affected by this heinous crime.
(326A) Voluntarily causing grievous hurt by use of acid etc.
Section 326 states that whoever causes permanent or partial damage or deformity to, or bums or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid1 on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine;
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim;
Provided further that any fine imposed under this section shall be paid to the victim.
(326B) Voluntarily throwing or attempt to throw acid
Section 326B states that whoever throws or attempts to throw acid1 on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or bums or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Explanations-
For the purposes of section 326A and this section, “acid” includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.
For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible.
10. Stalking (Sec. 354D)
Section 354D of the Indian Penal Code states that any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, email or any other form of electronic communication,
commits the offence of stalking;
Provided that such conduct shall not amount to stalking if the man who pursued it proves that:
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
11. Women trafficking (Sec. 370, 370A, 372 373)
Section 372 in The Indian Penal Code deals with the trafficking of person.
(Section 372)Selling minor for purposes of prostitution, etc.—Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine. Explanation I.—When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation II.—For the purposes of this section “illicit intercourse” means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.
(Section373) Buying minor for purposes of prostitution, etc.—Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation I.—Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation II.—“Illicit intercourse” has the same meaning as in section 372.
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