WOMEN SAFETY IN INDA AND THE CRIMINAL LAW (AMENDMENT) ACT 2013
“What is woman? – only one of Nature’s agreeable blunders …” ~ Hannah Cowley
The problem of violence against women is not new. Women in the Indian society have been victims of humiliation, torture and exploitation. The issue has become even more serious and crucial after the recent incidents in Delhi & Mumbai. These incidents are condemned nationwide with huge protests.
The big question is why such crimes are committed frequently? Where do the seeds of violence against women lie?
Violence against women may be categorized as
(i) Criminal violence – rape, abduction, murder …
(ii) Domestic violence – dowry-deaths, wife battering, sexual abuse, maltreatment …
(iii) Social violence – forcing wife/daughter-in-law to go for female feticide, eve-teasing …
According to the latest figures released by the Government of India, a woman is now raped in India every 20 minutes.
In order to protect women and check such offences our Lok Sabha passed “The Criminal Law (Amendment) Act, 2013” which was promulgated on 3rd February 2013.
The Amendment objects to:
(a) make specific provisions for punishment for the offences of causing grievous hurt by acid attack and also for an attempt thereof;
(b) define and prescribe punishment for the offences of stalking, voyeurism and sexual harassment;
(c) widen the definition of rape; and enhance the punishment thereof;
(d) punish the repeat offenders of rape with imprisonment for life or with death;
(e) enhance punishment under sections 354 and 509 of Indian Penal Code;
(f) provide that all hospitals shall immediately provide first aid and/or medical treatment, free of cost, to the victims of acid attack or rape; and provide for punishment for contravention thereof.
In short, this Act objects to provide for stringent punishment for crimes against women, as also to provide for more victim friendly punishment in the trials of such cases. Following is the table of amended sections of the Indian Penal Code, 1860:
Amended Section of IPC Offence Punishment
166-B
Non-treatment of victim by hospital
Imprisonment for 1 year or fine or both.
326-A
Voluntarily causing grievous hurt by use of acid, etc. Imprisonment not less than 10 years or even life with fine.
326-B Voluntarily throwing or attempting to throw acid. Imprisonment for 5 to 7 years with fine.
354-A Sexual Harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favors, showing pornography. Imprisonment which may extend to 3 years or with fine or both.
354-B Assault or use of criminal force to woman with intent to disrobe. Imprisonment for 3 to 7 years with fine.
354-C Voyeurism (any man who watches or captures the image of woman engaging in a private act). Imprisonment for 1 to 3 years with fine.
354-D Stalking (any man who follows a woman and contacts or attempts to contact to foster personal interaction repeatedly despite a clear indication of disinterest by such woman) Imprisonment for up to 3 years with fine (for first conviction).
370-A Exploitation of a trafficked child or trafficked person. Imprisonment for 5 to 7 or 3 to 5years with fine.
376-A Person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state. Rigorous imprisonment of not less than 20 years that may extend to life or with death.
376-D Gang rape -do¬-
376-E Repeat offenders Imprisonment for life which shall mean the remainder of that person’s natural life or with death.
Measures that could be adopted to contain women’s harassment:
Support women’s organizations as well as government and private/public institutions to meet the needs of protection and advice the victims.
Government to provide adequate fund to accommodate and ensure safety for such victims and assistance in finding employment and child-care facilities and immediate financial support is also the need of the suffering women.
Establishment of cheaper and less formal courts could also be a measure to help women who are victims of exploitation.
Strengthening and increasing voluntary organizations which could take up individual women’s problems.
Publicity has to be given to those organizations which provide free legal aid to women so that the needy women could approach them and seek their help.
A change in parent’s attitude is also necessary in women’s cases. When parents come to know of their daughter’s harassment, why should they not permit their daughters to live with them for a short time till they are able to fend for themselves? Why should they remain so concerned about the social stigma and sacrifice their daughters for the sake of their family?
To conclude,
Women have to learn to be assertive and accept new roles for themselves. They have to develop an optimistic and hopeful approach to life. “It is easier to live through someone else than to become complete yourself …”
References:
1. Justice M.R. Mallick’s CRIMINAL MANUAL
2. Social Problems in India by Ram Ahuja
Name : ABINAYA SAKTHIVEL
“What is woman? – only one of Nature’s agreeable blunders …” ~ Hannah Cowley
The problem of violence against women is not new. Women in the Indian society have been victims of humiliation, torture and exploitation. The issue has become even more serious and crucial after the recent incidents in Delhi & Mumbai. These incidents are condemned nationwide with huge protests.
The big question is why such crimes are committed frequently? Where do the seeds of violence against women lie?
Violence against women may be categorized as
(i) Criminal violence – rape, abduction, murder …
(ii) Domestic violence – dowry-deaths, wife battering, sexual abuse, maltreatment …
(iii) Social violence – forcing wife/daughter-in-law to go for female feticide, eve-teasing …
According to the latest figures released by the Government of India, a woman is now raped in India every 20 minutes.
In order to protect women and check such offences our Lok Sabha passed “The Criminal Law (Amendment) Act, 2013” which was promulgated on 3rd February 2013.
The Amendment objects to:
(a) make specific provisions for punishment for the offences of causing grievous hurt by acid attack and also for an attempt thereof;
(b) define and prescribe punishment for the offences of stalking, voyeurism and sexual harassment;
(c) widen the definition of rape; and enhance the punishment thereof;
(d) punish the repeat offenders of rape with imprisonment for life or with death;
(e) enhance punishment under sections 354 and 509 of Indian Penal Code;
(f) provide that all hospitals shall immediately provide first aid and/or medical treatment, free of cost, to the victims of acid attack or rape; and provide for punishment for contravention thereof.
In short, this Act objects to provide for stringent punishment for crimes against women, as also to provide for more victim friendly punishment in the trials of such cases. Following is the table of amended sections of the Indian Penal Code, 1860:
Amended Section of IPC Offence Punishment
166-B
Non-treatment of victim by hospital
Imprisonment for 1 year or fine or both.
326-A
Voluntarily causing grievous hurt by use of acid, etc. Imprisonment not less than 10 years or even life with fine.
326-B Voluntarily throwing or attempting to throw acid. Imprisonment for 5 to 7 years with fine.
354-A Sexual Harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favors, showing pornography. Imprisonment which may extend to 3 years or with fine or both.
354-B Assault or use of criminal force to woman with intent to disrobe. Imprisonment for 3 to 7 years with fine.
354-C Voyeurism (any man who watches or captures the image of woman engaging in a private act). Imprisonment for 1 to 3 years with fine.
354-D Stalking (any man who follows a woman and contacts or attempts to contact to foster personal interaction repeatedly despite a clear indication of disinterest by such woman) Imprisonment for up to 3 years with fine (for first conviction).
370-A Exploitation of a trafficked child or trafficked person. Imprisonment for 5 to 7 or 3 to 5years with fine.
376-A Person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state. Rigorous imprisonment of not less than 20 years that may extend to life or with death.
376-D Gang rape -do¬-
376-E Repeat offenders Imprisonment for life which shall mean the remainder of that person’s natural life or with death.
Measures that could be adopted to contain women’s harassment:
Support women’s organizations as well as government and private/public institutions to meet the needs of protection and advice the victims.
Government to provide adequate fund to accommodate and ensure safety for such victims and assistance in finding employment and child-care facilities and immediate financial support is also the need of the suffering women.
Establishment of cheaper and less formal courts could also be a measure to help women who are victims of exploitation.
Strengthening and increasing voluntary organizations which could take up individual women’s problems.
Publicity has to be given to those organizations which provide free legal aid to women so that the needy women could approach them and seek their help.
A change in parent’s attitude is also necessary in women’s cases. When parents come to know of their daughter’s harassment, why should they not permit their daughters to live with them for a short time till they are able to fend for themselves? Why should they remain so concerned about the social stigma and sacrifice their daughters for the sake of their family?
To conclude,
Women have to learn to be assertive and accept new roles for themselves. They have to develop an optimistic and hopeful approach to life. “It is easier to live through someone else than to become complete yourself …”
References:
1. Justice M.R. Mallick’s CRIMINAL MANUAL
2. Social Problems in India by Ram Ahuja
Name : ABINAYA SAKTHIVEL
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