Horrors Of Sexual Crime Against Women
Forty nine years since Feminism gained a widespread use, around seventy two years
since India became an independent nation and six thousand years since human
civilization started as we know it. And at no point of time women have failed to convey
that they are not objects of sexual pleasures for the evil to feast upon. Yet, sexual
crimes have embedded their roots so deep into the common social reality that for some,
the thought of it being completely eradicated, now seems like a distant utopian dream
entertained by the activists. With India being placed 131st out of 152 countries in the
‘Georgetown institute’s global ranking of women’s inclusion and well-being”, 3,38,954
reported cases of crime against women in 2016- which includes, 38,947 rapes
according to the ‘National Indian Crime Records Bureau’, and the frightening number of
1,06,958 cases of crimes against children, recorded by the report on ‘crimes in India in
2016’ released by Home Minister, Rajnath Singh; the country seems treading a dark
path away from its past ideals where women were once honorable rulers, were
worshipped as goddesses, towards a rather alarming modern dystopian reality.
But it is just the tip of the iceberg for it is believed that out of every five women, three
have faced some kind of sexual harassment or assault. Sexual harassment includes
unwelcomed sexual behavior that is offensive, humiliating or intimidating. The
technological revolution has allowed the spread of sexual harassment, to not just be
limited to the personal but also the cyber world. These acts which might not seem a
grave danger on first sight very often turn into sexual assaults. It includes touching,
grabbing or making other physical contact with your or without your consent, making
comments having a sexual meaning, asking for sex or sexual favors, leering and
staring, displaying rude and offensive material so that you or others can see it, making
sexual gestures or suggestive body movements towards you, cracking sexual jokes and
comments around you or to you, questioning you about your sex life, insulting you with
sexual comments, committing a criminal offence against you, such as making an
obscene phone call, indecently exposing themselves or sexually assaulting you.
The suffering caused by these acts has proved to wound victims causing physical,
emotional and mental trauma. Physical effects of aftermath of rape can result in
bruising, bleeding, broken or dislocated bones, sexually-transmitted infections and
diseases, and pregnancy. The psychological trauma scar people for life. And often, start
obstructing survivor’s normal day-to-day functioning. Minor incidents also have the
ability to cause pain, humiliation, intimidation, or fear resulting in emotional affects like
changes in trusting others, anger or blame, shock, numbness, guilt, loss of control,
disorientation, or helplessness; one starts to feel anxious, stressed, depressed, loses
confidence, withdraw from social situations, have headaches, backaches, sleep
problem, become less productive and are unable to concentrate. Major issues like Post
Traumatic Stress Disorder, Depression, suicidal thoughts or attempts can also follow
sexual assault.
And even after being faced by such horrifying circumstances a devastatingly huge
number of the female survivors seek neither help nor tell anyone. This lack of disclosure
has resulted in perpetrators roaming free without facing any punishment their crimes.
Various instances of reluctance in reporting can be due to the fear of politicized and
male dominant police forces, especially, if the accused sits on a position of power. Not
to forget the family and societal pressures have also restricted women from coming out.
Mostly women in India are taught to ignore the sexual harassers. In India, the
practicality still remains in keeping quiet and moving on unless and until it becomes a
hazard for you to ignore it anymore. Also a complaint against sexual harasser leads to
inquisitive and sexist questions by the police and judgment by the society. Most of the
time, even if you take the pains to actually go through the entire process, unless the
evidence is so damning that the courts cannot ignore it, the accused is let free. The
police machinery and the courts have failed many women wanting justice. What is
needed is change, taken to instill respect and fear of the law among these criminals.
The elimination of gender-based discrimination has been one of the fundamentals of the
Constitutional edifice of India. The principle
of gender equality is enshrined in the Constitution, in its Preamble, fundamental rights,
fundamental duties and Directive Principles. However, workplace sexual harassment in
India, was for the very first time recognized by the Supreme Court of India in
its landmark judgment of Vishaka v. State of Rajasthan2 (“VishakaJudgment”),wherein
the Supreme Court framed certain guidelines and issued directions to the Union of India
to enact an appropriate law for combating workplace sexual harassment. Nothing less
of an irony, the POSH Act and the POSH Rules was enacted 16 years after the Vishaka
Judgement.
In the absence of a specific law in India, the Supreme Court, in the Vishaka Judgment,
laid down certain guidelines making it mandatory for every employer to provide a
mechanism
to redress grievances pertaining to workplace sexual harassment (“Vishaka Guidelines”)
which were being followed by employers until the enactment of the POSH Act.
Offences under the Indian Penal Code and relevant punishments
Section 354A
Sexual harassment is: unwelcome physical contact and advances, including unwanted
and explicit sexual overtures, a demand or request for sexual favours, showing
someone sexual images (pornography) without their consent, and making unwelcome
sexual remarks.
Punishment: Up to three years in prison, and a fine.
Section 354B
Forcing a woman to undress.
Punishment: From three to seven years in prison, and a fine.
Section 354C
Watching or capturing images of a woman without her consent (voyeurism).
Punishment: First conviction – one to three years in prison and a fine. More than one
conviction – three to seven years in prison and a fine.
Section 354D
Following a woman and contacting her or trying to contact her despite her saying she
does not want contact. Monitoring a woman using the internet or any other form of
electronic communication (stalking).
Punishment: First conviction – up to three years in prison and a fine. More than one
conviction – up to five years in prison and a fine.
13 Section 509
Insulting the modesty of a woman by saying any word or sound or making any gesture
which intrudes on her privacy.
Punishment: Up to three years in prison and a fine.
People are ready to burst-out on social media after every heinous crime, political parties
are ready to take out a candle march after every dead victim yet, no one in giving voice
to the married women who has been assaulted hundreds of time and still can’t speak
up. We live in a world where women accusing those who have wronged them, in the
rise of the Me Too Movement, and women supporting the victims are being termed as
either too bold, shameless liars, or ’ Femi-nazi’. Men supporting women are accused of
being too diplomatic or afraid of being caught in this ‘hyped web of the 'Me Too”. Our
society still can’t overcome the habit of blaming victims. “Log Kya Kahenge’ is still the
motto of the families. And Western outfits still remain the main culprits behind rapes.
It is high time; people need to understand that we require stricter laws for marital rapes
while at the same time creating awareness regarding the issue. Rapes should not be a
hush-hush incident; rather speaking out against the offender should be encouraged by
schools, workplaces and especially families. They should provide a safe environment
where victims can come out without fear and not start shaming the survivor herself, for
she has already been through a lot. And if western outfits would have been invitations to
be raped, than more than half of the female population of the world would be wiped out.
A study on non- marital sexual violence in India led by doctor Anita Raj, director of the
Centre of Gender Equity and Health, University of California in collaboration with
Mumbai based International Institute of Population Sciences concludes-
“More than 2 in 5 never tell anyone of this abuse. Adolescent girls 15 – 19 years are
disproportionately affected and even less likely to report the crime to police. Most
assailants of this violence are known to their victims, as partners, family members or
friends. Stranger perpetrated sexual violence against women and adolescent is less
common.”
Perpetrators don’t come from a place bred by immorality and misconduct; they are born
and brought up in our own society. They are a product of the values taught and imbibed
in them. Thus, it is the duty of the adults to teach young children to respect the opposite
gender, not because of the difference in our biology, but based on one’s own
individuality and for the sake our own humanity. Taking action right now is the need of
the hour for sexual crimes are not a disease, a society gets immune to.
Sonia Singh
since India became an independent nation and six thousand years since human
civilization started as we know it. And at no point of time women have failed to convey
that they are not objects of sexual pleasures for the evil to feast upon. Yet, sexual
crimes have embedded their roots so deep into the common social reality that for some,
the thought of it being completely eradicated, now seems like a distant utopian dream
entertained by the activists. With India being placed 131st out of 152 countries in the
‘Georgetown institute’s global ranking of women’s inclusion and well-being”, 3,38,954
reported cases of crime against women in 2016- which includes, 38,947 rapes
according to the ‘National Indian Crime Records Bureau’, and the frightening number of
1,06,958 cases of crimes against children, recorded by the report on ‘crimes in India in
2016’ released by Home Minister, Rajnath Singh; the country seems treading a dark
path away from its past ideals where women were once honorable rulers, were
worshipped as goddesses, towards a rather alarming modern dystopian reality.
But it is just the tip of the iceberg for it is believed that out of every five women, three
have faced some kind of sexual harassment or assault. Sexual harassment includes
unwelcomed sexual behavior that is offensive, humiliating or intimidating. The
technological revolution has allowed the spread of sexual harassment, to not just be
limited to the personal but also the cyber world. These acts which might not seem a
grave danger on first sight very often turn into sexual assaults. It includes touching,
grabbing or making other physical contact with your or without your consent, making
comments having a sexual meaning, asking for sex or sexual favors, leering and
staring, displaying rude and offensive material so that you or others can see it, making
sexual gestures or suggestive body movements towards you, cracking sexual jokes and
comments around you or to you, questioning you about your sex life, insulting you with
sexual comments, committing a criminal offence against you, such as making an
obscene phone call, indecently exposing themselves or sexually assaulting you.
The suffering caused by these acts has proved to wound victims causing physical,
emotional and mental trauma. Physical effects of aftermath of rape can result in
bruising, bleeding, broken or dislocated bones, sexually-transmitted infections and
diseases, and pregnancy. The psychological trauma scar people for life. And often, start
obstructing survivor’s normal day-to-day functioning. Minor incidents also have the
ability to cause pain, humiliation, intimidation, or fear resulting in emotional affects like
changes in trusting others, anger or blame, shock, numbness, guilt, loss of control,
disorientation, or helplessness; one starts to feel anxious, stressed, depressed, loses
confidence, withdraw from social situations, have headaches, backaches, sleep
problem, become less productive and are unable to concentrate. Major issues like Post
Traumatic Stress Disorder, Depression, suicidal thoughts or attempts can also follow
sexual assault.
And even after being faced by such horrifying circumstances a devastatingly huge
number of the female survivors seek neither help nor tell anyone. This lack of disclosure
has resulted in perpetrators roaming free without facing any punishment their crimes.
Various instances of reluctance in reporting can be due to the fear of politicized and
male dominant police forces, especially, if the accused sits on a position of power. Not
to forget the family and societal pressures have also restricted women from coming out.
Mostly women in India are taught to ignore the sexual harassers. In India, the
practicality still remains in keeping quiet and moving on unless and until it becomes a
hazard for you to ignore it anymore. Also a complaint against sexual harasser leads to
inquisitive and sexist questions by the police and judgment by the society. Most of the
time, even if you take the pains to actually go through the entire process, unless the
evidence is so damning that the courts cannot ignore it, the accused is let free. The
police machinery and the courts have failed many women wanting justice. What is
needed is change, taken to instill respect and fear of the law among these criminals.
The elimination of gender-based discrimination has been one of the fundamentals of the
Constitutional edifice of India. The principle
of gender equality is enshrined in the Constitution, in its Preamble, fundamental rights,
fundamental duties and Directive Principles. However, workplace sexual harassment in
India, was for the very first time recognized by the Supreme Court of India in
its landmark judgment of Vishaka v. State of Rajasthan2 (“VishakaJudgment”),wherein
the Supreme Court framed certain guidelines and issued directions to the Union of India
to enact an appropriate law for combating workplace sexual harassment. Nothing less
of an irony, the POSH Act and the POSH Rules was enacted 16 years after the Vishaka
Judgement.
In the absence of a specific law in India, the Supreme Court, in the Vishaka Judgment,
laid down certain guidelines making it mandatory for every employer to provide a
mechanism
to redress grievances pertaining to workplace sexual harassment (“Vishaka Guidelines”)
which were being followed by employers until the enactment of the POSH Act.
Offences under the Indian Penal Code and relevant punishments
Section 354A
Sexual harassment is: unwelcome physical contact and advances, including unwanted
and explicit sexual overtures, a demand or request for sexual favours, showing
someone sexual images (pornography) without their consent, and making unwelcome
sexual remarks.
Punishment: Up to three years in prison, and a fine.
Section 354B
Forcing a woman to undress.
Punishment: From three to seven years in prison, and a fine.
Section 354C
Watching or capturing images of a woman without her consent (voyeurism).
Punishment: First conviction – one to three years in prison and a fine. More than one
conviction – three to seven years in prison and a fine.
Section 354D
Following a woman and contacting her or trying to contact her despite her saying she
does not want contact. Monitoring a woman using the internet or any other form of
electronic communication (stalking).
Punishment: First conviction – up to three years in prison and a fine. More than one
conviction – up to five years in prison and a fine.
13 Section 509
Insulting the modesty of a woman by saying any word or sound or making any gesture
which intrudes on her privacy.
Punishment: Up to three years in prison and a fine.
People are ready to burst-out on social media after every heinous crime, political parties
are ready to take out a candle march after every dead victim yet, no one in giving voice
to the married women who has been assaulted hundreds of time and still can’t speak
up. We live in a world where women accusing those who have wronged them, in the
rise of the Me Too Movement, and women supporting the victims are being termed as
either too bold, shameless liars, or ’ Femi-nazi’. Men supporting women are accused of
being too diplomatic or afraid of being caught in this ‘hyped web of the 'Me Too”. Our
society still can’t overcome the habit of blaming victims. “Log Kya Kahenge’ is still the
motto of the families. And Western outfits still remain the main culprits behind rapes.
It is high time; people need to understand that we require stricter laws for marital rapes
while at the same time creating awareness regarding the issue. Rapes should not be a
hush-hush incident; rather speaking out against the offender should be encouraged by
schools, workplaces and especially families. They should provide a safe environment
where victims can come out without fear and not start shaming the survivor herself, for
she has already been through a lot. And if western outfits would have been invitations to
be raped, than more than half of the female population of the world would be wiped out.
A study on non- marital sexual violence in India led by doctor Anita Raj, director of the
Centre of Gender Equity and Health, University of California in collaboration with
Mumbai based International Institute of Population Sciences concludes-
“More than 2 in 5 never tell anyone of this abuse. Adolescent girls 15 – 19 years are
disproportionately affected and even less likely to report the crime to police. Most
assailants of this violence are known to their victims, as partners, family members or
friends. Stranger perpetrated sexual violence against women and adolescent is less
common.”
Perpetrators don’t come from a place bred by immorality and misconduct; they are born
and brought up in our own society. They are a product of the values taught and imbibed
in them. Thus, it is the duty of the adults to teach young children to respect the opposite
gender, not because of the difference in our biology, but based on one’s own
individuality and for the sake our own humanity. Taking action right now is the need of
the hour for sexual crimes are not a disease, a society gets immune to.
Sonia Singh
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