Violence against women: A brief overview

1. Violence Against Women
Medico-legal Aspect
Dr. Ankit Chaudhary
District Program Officer
Hamirpur (H.P.)

2. Introduction
• “Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological
harm or suffering to women, including threats of such acts, coercion or arbitrary deprivations of liberty,
whether occurring in public or private life“ (United Nations Declaration on Violence against Women)
• Violence against women is experienced by women of all ages/social classes/races/religions/nationalities,
across the world
• Most pervasive violation of human rights in the world today
• It is so deeply embedded in cultures around the world that it is almost invisible

3. Key Areas
1. Physical, sexual and psychological violence that occurs in the family, including battering; sexual abuse of
female children in the household; dowry-related violence; marital rape; female genital mutilation and
other traditional practices harmful to women; non-spousal violence; and violence related to exploitation
2. Physical, sexual and psychological violence that occurs within the general community, including rape;
sexual abuse; sexual harassment and intimidation at work, in educational institutions and elsewhere;
trafficking in women; and forced prostitution
3. Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs

4. Types
• Domestic violence against Women
• Sexual Violence against Women
• Commercial Sexual Exploitation
• Female Genital Cutting or Female Genital Mutilation
Causes
• Traditional attitude towards women
• Overcrowding
• Financial insecurity
• Cultural beliefs, power relations, economic power
imbalances, and the masculine idea of male
dominance
Effects
• Psychological
• Physical
• Reproductive health

5. Current Scenario
• Global pandemic that affects 1 in 3 women in their lifetime
• 35% of women worldwide have experienced either physical and/or sexual intimate partner violence or
non-partner sexual violence
• Globally, as many as 38% of murders of women are committed by an intimate partner
• 200 million women have experienced female genital mutilation/cutting

6. Constitutional Provisions For Women
• Article 14, confers on men & women equal rights and opportunities in political, economic & social sphere
• Article 15, prohibits, discrimination against any citizen on grounds of religion, race, caste, sex etc.
• Article 16, provides for equality of opportunities matters relating to employment or appointment to any
office under the state
• Article 39(a)(d), mentions policy security of state equality for both men and women the right to a means
of livelihood and equal pay for equal work for both men and women
• Article 42, Direct the State to make provision for ensuring just and humane conditions of work and
maternity relief

7. Legal Provisions For Women
• Factories Act: Under this Act, a woman cannot be forced to work beyond 8 hours and prohibits
employment of women except between 6 A.M. and 7 P.M
• Maternity Benefit Act : A Woman is entitled 26 weeks’ maternity leave with full wages
• The Dowry Prohibition Act: Under the provisions of this Act demand of dowry either before marriage,
during marriage and or after the marriage is an offence
• The Equal Remuneration Act: Equal wages for equal work: It also prohibits discrimination against women in
the matter of recruitment
• The Child Marriage Restrain Act: This act raised the age for marriage of a girl to 18 years from 15 years and
that of a boy to 21 years.
• Indian Penal Code: Section 354 and 509 safeguards the interests of women
• The Medical Termination of Pregnancy Act: The Act safeguards women from unnecessary and compulsory
abortions
• Amendments to Criminal Law 1983, which provides for a punishment of 7 years in ordinary cases and 10
years for custodial rape cases

8. Legal Provisions For Women…..Contd
• 73rd & 74th Constitutional Amendment Act: Reserved 1/3rd seats in Panchayat & Urban Local Bodies for
women
• The National Commission for Women Act, reviews the Constitutional and legal safeguards for women.
• The Protection of Human Rights Act, 1993
• Protection of Women from Domestic Violence Act: This Act protects women from any act, conduct, omission,
commission that harms, injures or potential to harm is to be considered as domestic violence. It protects the
women from physical, sexual, emotional, verbal, psychological, economic abuse
• Protection of Women against Sexual Harassment at Workplace Bill, 2010: Aims at protecting the women at
workplace not only to women employee but also to female clients, customer, students, research scholars in
colleges and universities patients in hospitals

9. Role of Law Enforcers
• Respectful, empathetic and sensitive treatment of the victim
• No delay in filing complaint
• Encouraging victim to file complaint
• Presence of Women constable & family member while recording statement
• Provision of recording the case at victim place
• Provision of video recorded statement instead of a written statement.
• Ensuring counselling services to the victim, Pre-statement Counseling
• If the victim approaches police first, it’s their responsibility to take her to a hospital. If the victim goes to the
hospital first & indicates her wish to file a complaint, it is responsibility of the hospital to inform the police
• Ensuring early and prompt examination if the victim

10. Role of Law Enforcers….Contd
• Informing victim about the availability of free legal aid
• Sealing and submitting evidentiary property of the victim and culprit to the court
• Sending victim to any Trauma treating center
• Prompt & fast resolving of grievance
• Informing victim about Victim Compensation and similar funds
• Help for rehabilitation

11. Way Forward
• Crime prone areas should be identified and a mechanism be put in place to monitor infractions in schools/colleges
for ensuring safety and security of female students. Women police officers in adequate number fully equipped
with policing infrastructure may be posted in such areas
• There should be no delay whatsoever in registration of FIR in all cases of crime against women. Cases should be
thoroughly investigated and charge sheets against the accused persons should be filed within three months from
the date of occurrence, without compromising on the quality of investigation. The medical examination of rape
victims should be conducted without delay
• Help-line numbers of the crime against women cells should be exhibited prominently in hospitals/schools/colleges
premises, and in other suitable places
• Women police cells in the police stations and exclusive women police stations should be set up as needed. Police
officials charged with the responsibility of protecting women should be sensitized adequately

12. Way Forward….Contd
• Police personnel should be trained adequately in special laws dealing with atrocities against women.
Enforcement aspect should be emphasized adequately so as to streamline it.
• Women police officials in the State Police Force should be recruited widely. Close coordination between the
police and the NGOs dealing with the interests of women may be ensured.
• The local police should arrange for patrolling in the affected areas and more especially in the locality of the
weaker sections of the society. Periodic visits by DM & SP will create a sense of safety and security among
these sections of the people.
• Thorough counseling through professional counselors is required for victims as well as her family to
overcome the trauma of the crime.
• The effectiveness of schemes developed for welfare and rehabilitation of women who have been victimized
should be improved.

13. Thank You