GS Notes

1.4 - Society Notes 07

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Elaborate Notes

Violence Against Women

Violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women.

  • Definition and Scope: The United Nations Declaration on the Elimination of Violence against Women (1993) defines it as “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 deprivation of liberty, whether occurring in public or in private life.” This definition is comprehensive and covers a wide spectrum of abuses.

  • Extent of Violence: A Life-Cycle Approach The violence is pervasive and affects women from “cradle to grave,” a term used to highlight its occurrence throughout a female’s life.

    • Pre-birth: This primarily involves sex-selective abortions, driven by a deep-rooted son preference. The misuse of medical technology has exacerbated this, leading to severely skewed child sex ratios in many parts of India. The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 was enacted to curb this practice, but its implementation remains a challenge.
    • Infanthood: Female infanticide, the deliberate killing of newborn female children, has been a historical issue. Historical accounts, such as those by British colonial administrators like Jonathan Duncan in the late 18th century, documented this practice in regions like Benares. While its overt practice has declined, it persists in subtle forms of neglect of the girl child.
    • Childhood: Young girls face multiple vulnerabilities, including child labour (where they are often paid less than boys), trafficking for labour or sexual exploitation, and child marriage. The Prohibition of Child Marriage Act, 2006, criminalizes this practice, yet according to NFHS-5 (2019-21), 23.3% of women aged 20-24 were married before the age of 18.
    • Adolescence: With increasing internet penetration, new forms of violence have emerged. Cybercrimes such as cyberstalking, morphing of images, and online trolling are prevalent. Trafficking for sexual exploitation and forced labour also peaks during this age.
    • Adulthood: Domestic violence is the most common form of violence faced by adult women. This includes physical, emotional, sexual, and economic abuse by an intimate partner or family members. Marital rape remains a significant issue, as it is not explicitly criminalized under the Indian Penal Code.
    • Old Age: Elderly women, particularly widows, are vulnerable to abuse, neglect, and abandonment. They may face violence from their own children or relatives over property disputes or be ostracized due to superstitious beliefs.

  • Statistics and Reports:

    • The National Crime Records Bureau (NCRB) in its annual ‘Crime in India’ report provides data on crimes against women. The summary’s mention of a 46% increase in the first eight months of 2021 highlights a worrying trend, reflecting both a potential rise in incidents and possibly increased reporting.
    • A survey by the National Commission for Women (NCW), a statutory body set up in 1992, revealed a significant gap in reporting. The findings that 86% of victims did not approach any authority and 77% did not speak to anyone underscore the deep-seated fear, stigma, and lack of faith in the system.
    • UN Women termed the global increase in domestic violence during COVID-19 lockdowns as the “Shadow Pandemic.” Confinement, economic stress, and disruption of social and protective networks created a ‘perfect storm’ for escalating violence within homes.

  • Causes of Violence Against Women:

    • Institutionalization of Patriarchy: Sociologist Gerda Lerner, in her work “The Creation of Patriarchy” (1986), argued that patriarchy is a historical and social construct that subordinates women. In India, this system is deeply entrenched in family, religion, caste, and community structures, legitimizing male authority and control over women.
    • Processes of Socialisation: From childhood, boys and girls are socialized into conforming to rigid gender roles. Boys are encouraged to be aggressive and dominant, while girls are taught to be submissive and dependent. This differential socialization, as studied by sociologists like Ann Oakley, perpetuates gender inequality.
    • Objectification and Commodification: The portrayal of women in media and popular culture often reduces them to objects of sexual gratification. This commodification strips them of their dignity and humanity, making violence against them seem more permissible.
    • Gender Stereotypes: The prevalent stereotype of women as the ‘weaker sex’ – physically weak, passive, and emotionally dependent – rationalizes male dominance and control.
    • Traditional and Cultural Practices: Practices like child marriage, honour killings (murders committed by family members against those perceived to have brought dishonor upon the family), and Female Genital Mutilation (FGM) (practiced by some communities like the Dawoodi Bohras in India) are forms of violence justified in the name of culture and tradition.
    • Internalization of Patriarchal Norms: French sociologist Pierre Bourdieu’s concept of ‘symbolic violence’ is relevant here. Both men and women internalize patriarchal norms, leading to their unconscious acceptance and reproduction. The Gender Social Norms Index (GSNI) by UNDP finding that a significant portion of both men and women justify wife-beating is a stark example of this internalization.
    • Situational Factors: Alcoholism and drug abuse are significant catalysts for violence, as they lower inhibitions and impair judgment. Economic stress and unemployment can also exacerbate tensions within the household, with women often becoming scapegoats.
    • Threat to Male Hegemony: When women achieve higher economic or social status than their male partners, it can be perceived as a threat to male identity and authority, sometimes leading to a violent backlash to reassert dominance.
    • Nuclear Family Structure: Sociologist William J. Goode noted that while modernization leads to nuclear families, it can also increase marital strain. In nuclear families, the absence of a wider kin network to mediate conflicts or provide support can leave women more isolated and vulnerable to spousal abuse. The home becomes a private sphere where men vent their external frustrations on women.

  • Institutional Weaknesses:

    • The legal framework, while improving, has gaps (e.g., marital rape exception). The problem often lies not in the absence of law but in its poor enforcement due to a lack of resources, training, and political will.
    • A gender-insensitive attitude among police, judiciary, and medical professionals often leads to victim-blaming and secondary victimization, discouraging women from reporting crimes.
    • The lack of certainty of punishment, due to protracted trials and low conviction rates, diminishes the deterrent effect of the law.

  • Efforts to Combat Violence:

    • Legal Efforts in India:
      • The Protection of Women from Domestic Violence Act, 2005: A civil law that provides a broad definition of domestic violence.
      • The Dowry Prohibition Act, 1961: Criminalizes the giving and taking of dowry.
      • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Provides a mechanism for redressal of complaints at the workplace.
    • International Provisions:
      • Universal Declaration of Human Rights (UDHR), 1948: Article 5 states, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
      • UN World Conferences on Women: These conferences, held in Mexico City (1975), Copenhagen (1980), Nairobi (1985), and Beijing (1995), were crucial in setting the global agenda for gender equality and women’s rights. The Beijing Declaration and Platform for Action (1995) is a landmark document.
      • Vienna Declaration and Programme of Action (1993): Explicitly stated that women’s rights are human rights and urged the eradication of gender-based violence.
      • CEDAW (1979): The Convention on the Elimination of All Forms of Discrimination against Women is often described as an international bill of rights for women.

  • Reasons for Persistence of Violence: The persistence of violence, despite legal measures, is due to a complex interplay of factors including the gap between law on the books and law in action (‘institutionalization of law’), societal indifference or bystander apathy, the pervasive commodification of women, low legal literacy, deep internalization of patriarchy, judicial delays (pendency of cases), a very low conviction rate which emboldens perpetrators, and the victim’s fear of social ostracisation.

  • Implications of Violence:

    • National and Global Impact: High rates of VAW tarnish a nation’s international image, affecting tourism, foreign investment, and its soft power.
    • Health Consequences: Violence has severe impacts on women’s physical health (injuries, chronic pain), reproductive health (unwanted pregnancies, STIs), and mental health (depression, anxiety, PTSD).
    • Economic Costs:
      • Direct Costs: Include medical expenses, legal fees, and loss of income for the woman. For the economy, it means loss of productivity.
      • Indirect Costs: Long-term impacts on the well-being and development of children who witness violence, contributing to an intergenerational cycle of abuse and increased child mortality.

  • The Paradox of Misuse of Laws: While strong laws are essential to protect women, concerns about their misuse, particularly Section 498A of the IPC (cruelty by husband or his relatives), have been raised. This creates a paradox.

    • Arguments for Misuse: Proponents of this view point to cases driven by revenge-seeking tendencies or economic motives (using alimony as a tool for financial gain). The rise of consumerist culture and the treatment of marriage as a contract rather than a sacred institution are cited as contributing factors. The lack of specific legal provisions to penalize false complaints, combined with societal stereotyping of men as aggressors, can lead to unjust outcomes. The misuse of POCSO Act in cases of consensual teenage relationships due to family pressure is another example. Some argue for a commission for men to address these grievances.
    • Balanced Conclusion: The Supreme Court in cases like Arnesh Kumar vs. State of Bihar (2014) acknowledged the misuse of Sec 498A and laid down guidelines for arrests to prevent harassment. However, the misuse of a law by a few does not invalidate its necessity for the protection of the many genuine victims. The solution lies not in diluting the law, but in strengthening the investigative machinery, promoting gender-neutral provisions where applicable, ensuring time-bound trials, and imposing penalties for demonstrably false and malicious complaints.

Dowry

  • Dowry, as defined by the Dowry Prohibition Act, 1961, refers to any property or valuable security given or agreed to be given, directly or indirectly, by one party to a marriage to the other party. It has evolved from a voluntary gift (stridhan) to a coercive demand.

  • Consequences of the Dowry System: It is a root cause of many social evils, including sex-selective abortion and female infanticide as parents perceive girls as a future economic liability. This leads to a lack of investment in a girl’s nutrition, health, and higher/technical education. It is a major driver of child marriage, as parents try to marry off daughters early to avoid higher dowry demands later. Post-marriage, failure to meet dowry demands leads to harassment and domestic abuse, often culminating in ‘dowry deaths’. On a macro level, it contributes to a skewed sex ratio.

  • Causes of Dowry:

    • Cultural Acceptance: The practice is deeply ingrained, with both men and women internalizing the hierarchical gender relationship it signifies.
    • Consumerism: Increasing materialism has transformed dowry demands to include luxury goods, cars, and cash, turning marriage into a commercial transaction.
    • Groom Price: The concept of ‘groom price’ has emerged, where the dowry is determined by the groom’s ‘market value’ based on his caste, educational qualifications (e.g., IIT/IIM graduate, doctor), profession, income, and property.
    • Sanskritization: Sociologist M.N. Srinivas’s concept of Sanskritization explains how lower castes often emulate the customs of dominant upper castes to improve their social standing. The practice of dowry, once prevalent mainly among upper castes, has spread across the social spectrum through this process.
    • Prestige: Lavish weddings and high dowries are often seen as markers of social status and prestige for both families involved.
    • Weak Implementation of Law: The Dowry Prohibition Act, 1961, has been largely ineffective due to social sanction for the practice and under-reporting.

  • Way Forward:

    • Promoting ‘Adarsh Marriages’ (ideal marriages) where influential and affluent people set an example by refraining from dowry and lavish ceremonies.
    • Socially stigmatizing and boycotting families that demand dowry.
    • Ensuring the practical implementation of inheritance rights for women as per the Hindu Succession (Amendment) Act, 2005, to empower them economically.
    • Legislating against extravagant weddings to curb the conspicuous consumption that fuels dowry demands.
    • Shifting the focus from saving for a daughter’s marriage to investing in her education and skill development.
    • An attitudinal change is required among men and their families to reject being treated as ‘commodities for sale’ in the marriage market.

Domestic Violence

  • As defined by the Protection of Women from Domestic Violence Act, 2005, it includes physical, sexual, verbal, emotional, and economic abuse.
  • Reasons for its Prevalence:
    • Nuclear Families: As discussed earlier, the lack of mediating relatives and social support in nuclear families can make women more vulnerable.
    • Cultural Acceptance: The notion that marital issues are a ‘private family matter’ and that men have a right to ‘discipline’ their wives contributes to its acceptance and under-reporting.
    • Economic Dependence: A woman’s lack of economic independence and support from her natal family often compels her to endure abuse silently.
    • Non-criminalization of Marital Rape: The marital rape exception under Section 375 of the IPC provides legal sanction to sexual violence within a marriage.
    • Lack of Witnesses: The private nature of the crime makes prosecution difficult due to a lack of evidence and witnesses. The “Bell Bajao” (Ring the Bell) campaign by the NGO Breakthrough, supported by the Ministry of Women and Child Development, was an innovative initiative to encourage bystander intervention.
    • Violence against Widows: In rural areas, young widows are particularly vulnerable to violence, often from in-laws, related to property inheritance or social ostracism.

Sexual Harassment at the Workplace

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted based on the Vishaka Guidelines laid down by the Supreme Court in Vishaka and others v. State of Rajasthan (1997).
  • Its objective is three-fold: prevention of harassment, protection of women, and redressal of complaints.
  • Definition of Sexual Harassment: The Act defines sexual harassment broadly and includes two main types recognized in international jurisprudence:
    • Quid Pro Quo (this for that): Where employment benefits (like a promotion or salary hike) are offered in exchange for sexual favours, or threats are made for non-compliance.
    • Hostile Work Environment: The presence of unwelcome conduct of a sexual nature (e.g., sexually coloured remarks, showing pornography, physical contact) that unreasonably interferes with a woman’s work performance or creates an intimidating, hostile, or offensive work environment.
  • IPC Provision: Section 354A of the IPC, introduced by the Criminal Law (Amendment) Act, 2013, also defines and penalizes sexual harassment.
  • Implementation Gap: According to a FICCI report, a significant number of companies, including MNCs, have failed to constitute an Internal Complaints Committee (ICC), which is mandatory under the Act. This highlights a severe compliance deficit.
  • Reasons for Under-reporting: Approximately 70% of women do not report cases due to a lack of awareness about what constitutes sexual harassment, a lack of faith in the redressal mechanism, fear of retaliation from the perpetrator or employer, fear of social exclusion or being labelled a troublemaker, and fear of ‘domestication’ (being forced to leave the job and stay at home) due to the stigma attached.

Surrogacy

  • Definition: Surrogacy is an arrangement where a woman (the surrogate mother) agrees to carry a pregnancy for another person or persons (the intending couple), who will become the child’s parent(s) after birth.
  • The Surrogacy (Regulation) Act, 2021: This Act brought a paradigm shift in the regulation of surrogacy in India, moving from a largely unregulated commercial hub to a highly restrictive regime.
    • Prohibition of Commercial Surrogacy: The Act bans commercial surrogacy, where the surrogate mother is compensated beyond her medical expenses and insurance coverage. Only altruistic surrogacy is permitted.
    • Permitted Conditions: Altruistic surrogacy is allowed only for intending Indian couples who have been married for at least five years, with the wife aged 23-50 and the husband 26-55. They must have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority, proving their medical need for surrogacy. The surrogate mother must be a close relative, married, have at least one child of her own, and be aged 25-35.
    • Regulation of Clinics: All surrogacy clinics must be registered under the Act.
    • Appointing Authorities: The Act mandates the establishment of National and State Surrogacy Boards to advise the government and supervise the functioning of clinics.

Prelims Pointers

  • UN Definition of VAW: Any act of gender-based violence resulting in physical, sexual, or psychological harm. (Source: UN Declaration, 1993)
  • Shadow Pandemic: Term used by UN Women to describe the increase in domestic violence during COVID-19 lockdowns.
  • NCRB: National Crime Records Bureau, publishes the annual ‘Crime in India’ report.
  • NCW: National Commission for Women, a statutory body established in 1992.
  • UNDP’s Gender Social Norms Index (GSNI): Measures how social beliefs obstruct gender equality.
  • Key Legislations and Years:
    1. Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act: 1994
    2. Dowry Prohibition Act: 1961
    3. Prohibition of Child Marriage Act: 2006
    4. Protection of Women from Domestic Violence Act: 2005 (Civil Law)
    5. Sexual Harassment of Women at Workplace Act: 2013
    6. Surrogacy (Regulation) Act: 2021
    7. Hindu Succession (Amendment) Act: 2005 (provided equal inheritance rights to daughters)
  • Relevant IPC Sections:
    • Section 354A: Defines and penalizes sexual harassment.
    • Section 498A: Deals with cruelty by husband or his relatives.
  • International Conventions/Declarations:
    • UDHR, Article 5: Prohibits inhuman or degrading treatment.
    • CEDAW: Convention on the Elimination of All Forms of Discrimination against Women (1979).
    • Vienna Declaration: 1993, affirmed that women’s rights are human rights.
    • Beijing Platform for Action: Outcome of the Fourth World Conference on Women, 1995.
  • UN World Conferences on Women:
    1. 1975: Mexico City
    2. 1980: Copenhagen
    3. 1985: Nairobi
    4. 1995: Beijing
  • Vishaka Guidelines (1997): Supreme Court guidelines for dealing with sexual harassment at the workplace, which preceded the 2013 Act.
  • Internal Complaints Committee (ICC): Mandatory body in workplaces (with 10 or more employees) to address sexual harassment complaints under the 2013 Act.
  • FICCI: Federation of Indian Chambers of Commerce & Industry.
  • Bell Bajao Campaign: A media campaign by Breakthrough India against domestic violence.
  • Sanskritization: A concept given by sociologist M.N. Srinivas.
  • Surrogacy (Regulation) Act, 2021:
    • Bans commercial surrogacy.
    • Permits only altruistic surrogacy for eligible, infertile Indian couples.
    • Surrogate mother must be a ‘close relative’.

Mains Insights

GS Paper I (Indian Society)

  • Patriarchy as the Root Cause: The various forms of violence against women—from sex-selective abortion to domestic violence and honour killings—are not isolated incidents but symptoms of a deep-rooted patriarchal social structure. This structure dictates social norms, family dynamics, and resource distribution, systemically disadvantaging women. Answers should link specific issues back to this foundational cause.
  • The Impact of Social Change on Women’s Safety: Analyze the dual impact of processes like modernization, globalization, and urbanization.
    • Positive: Increased education, employment opportunities, and awareness of rights.
    • Negative: Erosion of traditional community support systems (as seen in nuclear families), commodification of women through media, and emergence of new forms of violence like cyber-crimes. This creates a complex reality where empowerment and vulnerability coexist.
  • Dowry: From Tradition to Social Evil: The practice of dowry illustrates the distortion of a cultural practice due to economic and social pressures. Originally linked to stridhan (a woman’s own property), it has degenerated into a coercive ‘groom price’ system fueled by consumerism and hypergamy (marrying up). The concept of Sanskritization explains its spread across caste and community lines, demonstrating how social aspiration can perpetuate a harmful practice.
  • The Role of Socialization: Effective answers should discuss how gendered socialization by family, schools, and media perpetuates stereotypes that normalize violence. The solution, therefore, is not merely legal but also requires a fundamental shift in societal attitudes through education and awareness.

GS Paper II (Governance, Social Justice)

  • The Law vs. Reality: The Implementation Gap: While India has a robust legal framework for women’s protection (DV Act, SH Act, etc.), their effectiveness is severely hampered by poor implementation. Analysis should focus on the reasons:
    1. Institutional Apathy: Gender insensitivity within the police force and judiciary.
    2. Procedural Hurdles: Delays in investigation and trials lead to low conviction rates, undermining the law’s deterrent effect.
    3. Lack of Awareness: Victims are often unaware of their legal rights and the available redressal mechanisms.
    4. Inadequate Resources: Lack of sufficient shelter homes, one-stop centres, and legal aid for victims.
  • The Paradox of Protective Laws and Their Misuse: This is a key debate. While acknowledging instances of misuse of laws like Section 498A IPC, the larger narrative must emphasize that the number of women who do not report genuine crimes far exceeds the number of false cases. The argument should be for reform, not repeal.
    • Way Forward: Instead of diluting the laws, focus on systemic reforms: police training on evidence collection, judicial sensitivity, penalties for malicious complaints (as recommended by the Malimath Committee), and promoting mediation and counseling in marital disputes.
  • Effectiveness of Executive and Statutory Bodies: Critically evaluate the role of institutions like the National Commission for Women (NCW) and State Women’s Commissions. While they play a role in inquiry and advocacy, they are often criticized for lacking punitive powers and being under-resourced, limiting their impact as effective watchdogs.

GS Paper IV (Ethics, Integrity, and Aptitude)

  • Bystander Apathy and Social Responsibility: The high incidence of violence against women, especially in public spaces and within homes, points to a decline in social responsibility and an ethical crisis of bystander apathy. Campaigns like ‘Bell Bajao’ are ethical interventions designed to shift the onus of responsibility from just the victim and perpetrator to the wider community.
  • Foundational Values and Ethical Governance: The gender-insensitive attitude of public servants (police, officials) reflects a lack of foundational values like empathy, compassion, and impartiality, which are crucial for ethical governance. It constitutes a failure to uphold the constitutional ethos of equality and dignity. Sensitization training should be seen as an essential component of building ethical competence in public service.
  • Ethical Dilemma in Misuse of Laws: A police officer or judge faces an ethical dilemma when dealing with a potential case of misuse of protective laws. They must balance the duty to protect a potential victim against the duty to prevent the harassment of an innocent person. This requires a high degree of professional integrity, objectivity, and a commitment to due process.
  • Values vs. Law: The persistence of dowry, despite being illegal for over 60 years, shows that law alone cannot change deeply ingrained social values. An ethical society is built not just on fear of punishment but on an internal commitment to values like respect and gender equality. This underscores the need for value-based education to tackle the root causes of social evils.

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