FORMS OF VIOLENCE AGAINST WOMEN
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    “आज भी हमारे देश में एक हजार बालक पैदा हो, तो उसके सामने एक हजार बालिकाएं भी पैदा होनी चाहिए।”

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    Did you know? Verbal, emotional and economic abuse are also forms of domestic violence against women.

Women may face violence inside or outside their home. Below are details of laws that protect women from violence, and provide punishment to the perpetrator.

 

  • What does this mean? – When a person, to the annoyance of others, does any obscene act in any public place, or sings, recites or utters any obscene songs, ballad or words, in or near any public place.
  • What is the law? – Section 294 of the IPC
  • What is the punishment? – Imprisonment for upto three months, or with fine, or with both.
  • What does this mean? – When a person, 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
  • What is the law? – Section 509 of the IPC
  • What is the punishment? – Imprisonment for upto 3 years, and fine.
  • What does this mean? - Any man watching or capturing a woman in a “private act”, which includes an act of watching carried out in a place which would be expected to provide privacy, and where the victim's genitals, buttocks or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the person is doing a sexual act that is not of a kind ordinarily done in public.
  • What is the law? – Section 354C of the IPC
  • What is the punishment? – In case of first conviction, imprisonment for 1-3 year/s and fine. In case of second or subsequent conviction, imprisonment for 3-7 years and fine.
  • What does this mean? – Any man who 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 monitors the use by a woman of the internet, email or any other form of electronic communication.
  • What is the law? – Section 354D of the IPC
  • What is the punishment? – In case of first offence, imprisonment for 1-3 year/s and fine. For any subsequent conviction, imprisonment upto 5 years and fine.
  • What does this mean? - Any person who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked.
  • What is the law? – Section 354 B of the IPC
  • What is the punishment? – Imprisonment for 3-7 years and fine.
  • What does this mean? – Sexual Harassment includes:
    • physical contact and advances involving unwelcome and explicit sexual overtures
    • a demand or request for sexual favours
    • making sexually coloured remarks
    • forcibly showing pornography
    • any other unwelcome physical, verbal or non-verbal conduct of sexual nature
  • What is the law? – Section 354A of the IPC
  • What is the punishment? – Rigorous imprisonment upto 3 years, or with fine, or with both in case of offence described in clauses (i), (ii) or (iii). Imprisonment upto 1 year, or with fine, or with both in other cases.
  • In addition to the criminal proceedings, an aggrieved woman facing sexual harassment at the workplace can also file complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Act provides remedy through an inquiry conducted by the Internal Complaints Committee constituted in every organisation or Local Complaints Committee constituted in every district.
  • What is the punishment? – As prescribed under the organization’s Service Rules. In case service rules do not exist, examples of penalty are below:
    • Disciplinary action including written apology, reprimand, warning, censure
    • Withholding of promotion/ pay raise/ increment
    • Termination of employment
    • Undergoing counselling
    • Community service
  • What does this mean? – Domestic violence is any kind of physical, sexual, emotional, economic violence on women within their homes by those who are in domestic relationship with them (including both natal and marital family). ‘Cruelty’ means any wilful conduct which 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 harassment of the woman to coerce her or any person related to her meet any unlawful demand.
  • What is the law? – Section 498A of the IPC protects against cruelty by husband or his relatives and the Protection of Women from Domestic Violence Act, 2005 provides remedy in the form of protection order, residence order, temporary custody of children, monetary relief and compensation order.
  • What is the punishment? – In case of cruelty, the husband or his relatives shall be imprisoned for upto 3 years, with fine. Under the Protection of Women from Domestic Violence Act (PWDVA), 2005, breach of a Protection Order is punishable with imprisonment for a term upto 1 year, or with fine upto Rs. 20,000/-, or with both.
  • oWhat does this mean? – the death of the woman because of burns, injuries or by any other unnatural reason within 7 years of her marriage. The condition is that before the death she should have been treated with cruelty in connection with dowry by her husband and his relatives. The burden lies on the husband and in-laws to prove that the death was not on account to their acts.
  • What is the law? – Section 304B of the IPC
  • What is the law? – Section 304B of the IPC
  • What does this mean? – A marriage where the age of the female is less than 18 years the age of the male is less than 21 years.
  • What is the law? – Prohibition of Child Marriage Act, 2006
  • oWhat is the punishment? – The Act punishes those who promote, perform and abet child marriage or any man above the age of 21 years marrying a girl below 18 years of age. Imprisonment upto 2 years and fine which may extend to Rs. 1 lakh or with both.
  • What does this mean? – Taking or enticing any female under eighteen years of age or any male under sixteen years of age, or any person of unsound mind, out of the keeping of the lawful guardian, without the consent of the guardian.
  • What is the law? Section 361 of the IPC
  • What is the punishment? – Imprisonment upto 7 years, and fine.
  • This law protects the person who believes himself in good faith to be entitled to lawful custody or believes himself to be the father of child born outside a lawful marriage.
  • What does this mean? – Kidnaping or abducting a woman with intent that she may be compelled to marry a person against her will, or that she may be forced or seduced to illicit intercourse
  • What is the law? – Section 366 of the IPC (act done with express consent of woman)
  • What is the punishment? – Imprisonment upto 10 years, and fine.
  • What does this mean? – Recruit, transport, harbour, transfer or receive a person/persons for the purpose of exploitation (physical or any form of sexual) by using threats, force, or any other form of coercion, or by abduction, practising fraud, deception, abuse of power, inducement, including the giving or receiving of payments or benefits.
  • What is the protection? – Section 370 of the IPC
  • What is the punishment? – Rigorous imprisonment for 7-10 years, and fine. In case of trafficking of more than one person or trafficking of a minor, rigorous imprisonment for 10 years to life, and fine. In case of trafficking of more than one minor, rigorous imprisonment for 14 years to life, and fine. In case of trafficking of minor on more than one occasion or when a public servant or a police officer has committed the crime, life imprisonment, and fine.
  • Trafficking of persons for sexual exploitation is also covered under the Immoral Traffic (Prevention) Act, 1956.
  • What does this mean? – Acid attack involves somebody voluntarily causing grievous hurt by use of acid, other corrosive substance etc. The attempt to attack somebody with acid is also a crime.
  • What is the law? – Section 326A-326B of the IPC
  • What is the punishment? – Imprisonment for 10 years to life, and fine, which is just and reasonable to meet the medical expenses of the victim. The attempt to attack somebody with acid is punishable with imprisonment for 5-7 years and fine. This fine will be directly paid to victim..
  • Medical Treatment – Under Section 357C of CrPC, all hospitals (public, private etc.) are meant to immediately, provide first aid or medical treatment, free of cost, to the victims of acid attack and immediately inform the police of such incident. Non-compliance to this can be punished with imprisonment for upto 1 year, or fine, or both, under Section 166B of IPC.
  • Monetary Assistance – Recently, the Government of India has decided to provide additional financial assistance of Rs. 1 lakh (over and above the amount provided under the Victim Compensation Scheme) as immediate temporary relief to survivors of acid attack. This additional financial assistance of Rs. 1 lakh will be provided under Prime Minister’s National Relief Fund (PMNRF). To avail this benefit, the District Magistrate/Deputy Commissioner of the concerned District will send a report to the Ministry of Home Affairs in the prescribed format with a copy to Prime Minister’s Office. On receipt of the report from MHA, the compensation will be paid (through bank account) within 05 working days. For more details, please contact Nodal Officer, Shri. S. K. Bhalla, Director (CS-I), CS Division, Ministry of Home Affairs, 5th Floor, NDCC.II Building, Jai Singh Road, New Delhi, Tele No. 011-23438138, email: dircs1-mha@nic.in
  • The Rights of Persons with Disabilities Act, 2016 notified on 27th December 2016, now includes acid attack as a kind of disability. This allows victims to access all benefits and services available for persons with disabilities
  • What does this mean? – A man is said to commit rape if he
    • penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person
    • inserts, to any extent, any object or apart of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person
    • manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person
    • applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person
    • What is the law? – Section 294 of the IPC

This must fall into one of the following categories –

1.against her will

2.without her consent

3.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

4.with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married

5.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

6.with or without her consent, when she is under eighteen years of age

7.when she is unable to communicate consent.

Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act. Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Exception I – A medical procedure or intervention shall not constitute rape.

Exception 2 – Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

  • What is the law? – Section 375, 376 of the IPC
  • What is the punishment? – Imprisonment for 7 years to life, and fine. If a person has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, it is punishable with imprisonment for 2-7 years, and fine. In certain other cases the punishment is of imprisonment of 5-10 years and in other cases of 10 years to life, and fine. If in the course of committing rape, if a person inflicts an injury, which causes the death of the woman or causes the woman to be in a persistent vegetative state, the punishment is rigorous imprisonment for 20 years to life, or with death. Punishment for repeat offenders is imprisonment for life, or with death.
  • A person having sexual relationship with his wife under eighteen years of age could be charged under section 5(n) and 9(n) of the Protection of Children from Sexual Offences Act, 2012 which defines sexual assault on child by her/his relatives (related through blood/marriage/guardianship/foster care) as aggravated penetrative sexual assault or aggravated sexual assault. However, section 42(A) of the said Act explicitly states that “the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of this Act shall have overriding effect on the provisions of any such law to the extent of the inconsistency.”
  • oForced sexual relationship by a man with his own wife is not a criminal offence as defined under section 375 but it could be considered as an act of cruelty as provided under section 498A IPC or as an act of domestic violence under the Protection of Women from Domestic Violence Act, 2005.
  • What does this mean? - Where a woman is raped by one or more persons constituting a group or acting with common intention, each of those persons are considered to have committed rape.
  • What is the law? – Section 376D of the IPC
  • What is the punishment? – Rigorous imprisonment for 20 years to life, and fine, provided that the fine is just and reasonable to meet the medical expenses and rehabilitation of the victim and further that any fine imposed under this section will be paid to the victim.
  • Section 357A of the Criminal Procedure Code (CrPC) states that ‘every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation’. The Scheme includes compensation for survivors of rape, acid attack along with other crime committed against women.

Cyber-crimes are a new class of crimes rapidly increasing due to extensive use of internet and I.T. enabled services. Easy access and anonymity in communication have also made internet and social media vulnerable for misuse by anti-social elements, interested groups and even criminals. Exploitation of internet for unethical, criminal activities and spreading disharmony is not only significant threat to the society but is also becoming a serious concern for the law enforcement agencies.

 

Stalking

  • What does this mean? – Any man who monitors the use by a woman of the internet, e-mail or any other form of electronic communication commits the offence of stalking
  • What is the law? – Section 354D of the IPC
  • What is the punishment? – Imprisonment upto 3 years and fine on first conviction. Imprisonment upto 5 years and fine on subsequent convictions.

Cyber Impersonation

  • What does this mean? – When a person uses the means of any communication device or computer resource to impersonate a person for the purpose of cheating. For example, Samir sets up a fake website in the name of the company where he is working and starts doing business without their consent or permission.
  • What is the law? – Section 66D of the IPC
  • What is the punishment? – Imprisonment upto 3 years and fine upto 1 lakh rupees.

Cyber Voyeurism

  • What does this mean? – When a person knowingly captures, publishes or transmits the photograph or video of a private area of any person without his or her consent, violating the privacy of that person it can be termed cyber voyeurism.
  • What is the law? – Section 66E of the IPC
  • What is the punishment? – Imprisonment upto 3 years or fine upto 2 lakh rupees, or both.

Cyber Pornography

  • What does this mean? – The literal meaning of the term 'Pornography' is “describing or showing sexual acts in order to cause sexual excitement through books, films, etc.” This would include pornographic websites; pornographic material produced using computers and use of internet to download and transmit pornographic videos, pictures, photos, writings etc.
  • What is the law? - Section 67 of IPC (publishing or transmitting obscene material in electronic form)
  • What is the punishment under Section 67? – Imprisonment upto 3 years and fine upto 5 lakh rupees on first conviction. Imprisonment upto 5 years and fine upto 10 lakh rupees on subsequent convictions
  • What is the law? - Section 67A of IPC (publishing or transmitting of material containing sexually explicit act, etc. in electronic form)
  • What is the punishment under Section 67A? – Imprisonment upto 5 years and fine upto 10 lakh rupees on first conviction. Imprisonment upto 7 years and fine upto 10 lakh rupees on subsequent convictions.
  • What is the law? - Section 67B of IPC (publishing or transmitting of material depicting children in sexually explicit act etc. in electronic form). Child Pornography is also an offence under the POCSO Act, 2012.
  • What is the punishment under Section 67B? – Imprisonment upto 5 years and fine upto 10 lakh rupees on first conviction. Imprisonment upto 7 years and fine upto 10 lakh rupees on subsequent convictions.
  • Provided that the provisions of section 67, section 67A and 67B does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form.