scholarly journals Violence Against Women: What’s Law Got to Do With It? A Reflection on Gang Rape in India

Author(s):  
Richa Sharma ◽  
Susan Bazilli

The brutal gang rape of a physiotherapy student in India in December 2012 drew the world’s attention to the problem of sexual violence against women in the country.  Protests and mass public reaction towards the case pressurized the government to respond to the crisis by changing the laws on sexual violence. However, these new laws have not led to a decrease in VAW. Is this the result of the failure of the rule of law? Or does it highlight the limitations of law in absence of social change? This paper addresses the need for using law as a key tool in addressing violence against women in India.  It recognizes that unless we address the structural and root causes of violence against women, our analysis will be limited. It is important to bridge the creation of new laws, with an analysis that speaks to the role of hypermasculinity, neoliberalism and culture in VAW. If unaddressed, what may result instead are quick fixes, symbolized by passing laws that act as token gestures, rather than leading to transformative action.

2021 ◽  
Author(s):  
Piyush Kumar

•Background: The protection of women is of utmost importance and prime concern in India due to a huge population, equity issues, gender issues, lack of positive deviance at community level, illiteracy, socio-economic factors, migration from rural to urban areas, inaccessibility to legal help and of course many more factors. The SARS-CoV-2 pandemic had presented a challenge even for developed nations around the world regarding women’s protection in the ongoing pandemic era & especially in the lockdown period when it’s really difficult to go out and shout for help. Estimates published by WHO indicate that globally about 1 in 3 (30%) of women worldwide have been subjected to either physical and/or sexual intimate partner violence or non-partner sexual violence in their lifetime. Lockdowns during the COVID-19 pandemic and its social and economic impacts have increased the exposure of women to abusive partners and known risk factors, while limiting their access to services. Situations of humanitarian crises and displacement may exacerbate existing violence, such as by intimate partners, as well as non-partner sexual violence, and may also lead to new forms of violence against women. Objectives: The main aim of this research is to find out Impact of SARS-CoV-2/Covid-19 Pandemic on domestic violence against women in India across different states and union territories from the beginning of lockdown due to covid-19 pandemic. Data from March 2020 till 20th September 2020 is available so the study will give detail for this period. Settings & Design: The month-wise and state-wise data indicating number of complaints registered with National Commission for Women in India(NCW) under two different categories in two different table 1 & 2 will be discussed and displayed. The period of study is from March 2020 to 20th september2020. Materials & Methodology: The press information bureau , Government of India Ministry of Women and child development have publicly announced under the heading- Increase in domestic violence against women dated 22 Sep 2020. The data obtained is analysed by using Microsoft Office software. Result: Increase in domestic violence against women in India from March 2020 till 20th September 2020.Conclusion: India should have various strategies to ensure safety of women in such pandemic like situations. It seems that present laws and regulations are insufficient to give the desired results. The barriers of legal and protective system and delivery of helpful services etc. constraints should be rectified added with a proper dynamic plan to carry on usual women protection services even in pandemics and natural disasters. India needs to develop an exclusive plan to tackle such situations such as establishment of separate cadre of worker for women protection services. India is having a very huge population of women’s vulnerable to different kinds of violence so the Government must give top priority in making India a safe place for women’s.Keywords- SARS-CoV-2, pandemic, violence, women


2021 ◽  
Author(s):  
Piyush Kumar

Abstract Background: The protection of women is of utmost importance and prime concern in India due to a huge population, equity issues, gender issues, lack of positive deviance at community level, illiteracy, socio-economic factors, migration from rural to urban areas, inaccessibility to legal help and of course many more factors. The SARS-CoV-2 pandemic had presented a challenge even for developed nations around the world regarding women’s protection in the ongoing pandemic era & especially in the lockdown period when it’s really difficult to go out and shout for help. Estimates published by WHO indicate that globally about 1 in 3 (30%) of women worldwide have been subjected to either physical and/or sexual intimate partner violence or non-partner sexual violence in their lifetime. Lockdowns during the COVID-19 pandemic and its social and economic impacts have increased the exposure of women to abusive partners and known risk factors, while limiting their access to services. Situations of humanitarian crises and displacement may exacerbate existing violence, such as by intimate partners, as well as non-partner sexual violence, and may also lead to new forms of violence against women.Objectives: The main aim of this research is to find out Impact of SARS-CoV-2/Covid-19 Pandemic on domestic violence against women in India across different states and union territories from the beginning of lockdown due to covid-19 pandemic. Data from March 2020 till 20th September 2020 is available so the study will give detail for this period. Settings & Design: The month-wise and state-wise data indicating number of complaints registered with National Commission for Women in India(NCW) under two different categories in two different table 1 & 2 will be discussed and displayed. The period of study is from March 2020 to 20th september2020. Materials & Methodology: The press information bureau, Government of India Ministry of Women and child development have publicly announced under the heading- Increase in domestic violence against women dated 22 Sep 2020. The data obtained is analysed by using Microsoft Office software.Result: Increase in domestic violence against women in India from March 2020 till 20th September 2020.Conclusion: India should have various strategies to ensure safety of women in such pandemic like situations. It seems that present laws and regulations are insufficient to give the desired results. The barriers of legal and protective system and delivery of helpful services etc. constraints should be rectified added with a proper dynamic plan to carry on usual women protection services even in pandemics and natural disasters. India needs to develop an exclusive plan to tackle such situations such as establishment of separate cadre of worker for women protection services. India is having a very huge population of women’s vulnerable to different kinds of violence so the Government must give top priority in making India a safe place for women’s.


Author(s):  
Peace A. Medie

Chapter 4 covers how the government and women’s organizations in Liberia responded to violence against women. It explains that prior to the conflict, violence against women was largely absent from the agenda of governments and women’s organizations, despite their involvement in international advocacy around this issue. Both domestic and international pressure on governments was low during this period and specialized mechanisms to address VAW were non-existent in the criminal justice sector. The chapter describes how the 14-year conflict changed this and generated strong international and domestic pressures on post-conflict governments to strengthen the criminal justice sector response to violence against women, particularly sexual violence, and to establish specialized criminal justice sector mechanisms.


Social Change ◽  
2020 ◽  
Vol 50 (2) ◽  
pp. 199-214
Author(s):  
Uma Chakravarti

In this article, I will examine the arc of violence that women in India have been historically subjected to, as well as new arenas in which violence is now manifesting itself. The focus is on four arenas in which violence against women, especially sexual violence, needs to be located as each of these have specific features that are associated with the manner in which impunity operates, thereby invisibilising violence, and the long road traversed by the women’s movement in challenging that violence. The four arenas are: first, the home where violence is enacted in the intimate sphere of the family; second, the streets and fields where caste and class power provide impunity to the perpetrators; third, villages and regions where communal and targetted violence have been enacted, often with administrative and state complicity, especially in recent decades; and fourth, the borderlands where impunity is sought to be derived from special laws that the security state has put into operation to control turbulent populations.


2019 ◽  
Vol 25 (14) ◽  
pp. 1717-1738 ◽  
Author(s):  
Christina Nieder ◽  
Christoph Muck ◽  
Joscha Kärtner

This study assesses the current situation concerning sexual violence against women in India and women’s individual coping strategies. We conducted 15 semistructured interviews with 17- to 22-year-old Indian college students. First, results about the current situation showed threatening circumstances for women and revealed how deeply sexual violence affects women’s lives. Second, to cope with sexual violence women mentioned three types of strategies, namely (a) safety, (b) avoidance, and (c) empowerment strategies. In the discussion, we suggest that women’s use of safety and avoidance strategies are safety behaviors that play a key role in maintaining women’s fear and societal dynamics.


2017 ◽  
Vol 35 (3) ◽  
pp. 280-295 ◽  
Author(s):  
Jillienne Haglund ◽  
David L Richards

The climate of impunity in many post-civil conflict societies results in unprecedented levels of violence against women, making legal implementation and law enforcement particularly difficult. We argue that the presence of strong legal provisions mediates the negative influence of the post-civil conflict environment on violence against women. Specifically, we examine the role of strong legal protections on the enforcement of sexual violence legislation in post-civil conflict countries. To examine our hypothesis, we utilize an original dataset measuring the strength and enforcement of domestic legal statutes addressing violence against women for the years 2007–2010 in post-civil conflict countries. We find elements of civil conflict as well as domestic and international legal regimes to be reliably associated with the enforcement of violence against women laws and rape prevalence in post-civil conflict states.


2019 ◽  
Vol 4 (1) ◽  
pp. 1-23
Author(s):  
Anak Agung Istri Ari Atu Dewi ◽  
Anak Agung Ketut Sukranatha ◽  
I Gusti Ayu Putri Kartika ◽  
Gusti Ayu Kade Komalasari

The specific purpose and target of this research is to determine the role of family welfare empowerment organizations (PKK) in the prevention and early handling of women and children victims of violence. The reason for researching this topic is the increase in the number of victims of violence against women and children every year. Based on data from the Ministry of Women's Empowerment and Child Protection, it is shown that since 2012 it has increased from 18,718 to 54,041 cases in June 2017 and until February 2018 it has shown 374 cases of violence against women and children. In this case, the Government is responsible for providing optimal services needed by victims, both medical, psychological, and legal assistance in an effort to recover their condition. The government in providing services to victims should cooperate and partner with the community, especially in the prevention and early handling of victims of violence. Prevention and early handling of victims of violence at the village level can empower family welfare empowerment organizations (PKK) which are government partners that are considered effective in the prevention and early handling of women and children victims of violence in their areas. Based on these reasons, it is necessary to study in depth the role of the PKK organization in preventing and early handling of women and children victims of violence. To achieve specific goals and targets in this study, the research method used is a normative research method with a statue approach and a conceptual approach.The results of the study provide an overview 1) there is a clear regulation in the laws and regulations related to the participation of the PKK in preventing and early handling of victims of violence, what needs to be further regulated is regulation in the form of Village Regulations and customary law (awig-awig) related to the participation of PKK and indigenous women in the prevention and early handling of victims of violence. 2) the procedures for preventing and early handling of victims of violence need to be stated in the operational standards in the village and the traditional village paparem.


Social Change ◽  
2021 ◽  
pp. 004908572110327
Author(s):  
Ajit Kumar Pandey ◽  
V. N. Mishra

Sexual violence generally leaves a mark on historical records only if such incidents come to trial. Today’s experience suggests that only a fraction of such cases have ever reached the courts in the past; and even in those cases, the evidence that survives is far from the whole story. This neglect reflects the way sexual violence against women has been so easily waved aside, mainly by men, as a marginal event, a private catastrophe doubtless, but one of little historical significance for such criminals have been generally considered as sex maniacs. Also, ingrained misogynistic caricaturing of women has always allowed people to trivialise rape and render it titillating to pornographic imagination. It is therefore suggested that such stereotypes in turn infect the way men have written history. A major achievement of feminist history, particularly in the post-structuralist debate, has been to end this neglect and challenge this trivialisation. Drawing upon post-structuralist feminists and Indian writings, this study examines sexual violence that forms a common theme in the daily lives of numerous dalit women in India.


Author(s):  
Peace A. Medie

This chapter covers the state’s, the women’s movement’s, and international actors’ responses to rape and domestic violence before, during, and after the Ivoirian conflict. It explains that unlike Liberia, there was some government and civil society attention to violence against women before the outbreak of armed conflict in 2002. Pressure from the UN and other international actors also contributed to the introduction of initiatives within the security sector to address violence against women during the conflict, including a specialized mechanism within the police force. The chapter explains how the UN’s attention to sexual violence during the Ivoirian conflict increased after the second civil war and generated pressure on the government to create the gender desks.


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