Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

The issue of institutional violence, addressing it   

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Gender-based laws

Mains level: Weak implementation of gender-based law

Why in the News?

India’s election had 642 million voters, mostly women, but few candidates focused on women’s safety, failing to address the pervasive institutional violence that millions of survivors endure daily.

Gender-based Violence: Prolonged and Institutional 

  • Judicial and Police Challenges: A significant barrier to justice is the perception among police officers that complaints of gender-based violence are often baseless as per the report published in 2019 by J-PAL, a global policy think tank.
    • Survivors frequently encounter a judicial process that is lengthy and traumatizing, which perpetuates a cycle of violence and silence.
  • Silence Among Survivors: Many women endure violence in silence due to societal stigma and fear of further victimization. 
    • National Crime Records Bureau reported 405,861 cases of crimes against women in 2021, including 32,033 cases of rape. However, these figures are believed to represent only a fraction of the actual incidents due to underreporting driven by societal stigma and fear of retaliation

Problems in Rural India

  • Caste and Gender Dynamics: In rural areas, the dominance of male and upper-caste individuals in local governance (panchayats) creates additional barriers for women seeking justice.
    • The socio-cultural norms often discourage women from reporting violence, as divorce and legal recourse are rarely options available to them.
  • Access to Justice: The backlog of court cases (estimated at 40 million) disproportionately affects survivors from marginalized communities, making it even more difficult for them to seek redress.

Strong laws: 

  • The Dowry Prohibition Act 1961: Made giving and receiving dowry a crime
  • The Criminal Law (Amendment) Act 2013: Introduced new offences like stalking, voyeurism, and acid attacks
  • The Protection of Women from Domestic Violence Act 2005: Defines domestic violence and provides legal recourse for survivors.

Issue of Weak Implementation of Law: 

  • Ineffective Enforcement: Despite having strong laws, the enforcement is often inadequate. For example, there are approximately 40 million pending court cases in India, leading to significant delays in justice.
  • Corruption and Indifference: Corruption within law enforcement and the judiciary hampers the implementation of laws. Police officials may exhibit insensitivity towards marginalized communities, leading to a lack of trust in the system.
  • Administrative Fragmentation: The structure of local governance, particularly through panchayats, is often disempowered and fragmented. This limits their capacity to address local issues effectively, as they lack the necessary funds and authority to implement programs that meet community needs.
  • Lack of Coordination: Multiple departmental organizations operate separately, leading to a lack of coordinated action.
    • For instance, local officials may be unable to address pressing community issues due to rigid departmental mandates that do not align with the actual needs of the population.
  • Inadequate Resources and Training: Many implementing organizations suffer from inadequate staffing and lack of expertise.
    • For example, while there may be a sufficient number of government personnel, they often lack the necessary training and resources to execute their duties effectively.
  • Cultural and Societal Barriers: Societal attitudes and stigma surrounding issues like gender-based violence can lead to underreporting and a reluctance to seek help.

Way forward: 

  • Enhance Law Enforcement Training: Need to implement comprehensive training programs for police and judicial personnel focused on gender sensitivity, trauma-informed responses, and the legal rights of survivors.
  • Empower Local Communities: Engage community leaders and organizations to create support networks for survivors of gender-based violence. This can include establishing helplines, counseling services, and safe spaces for women to seek help without fear of stigma or retaliation.

Mains PYQ:

Q Women empowerment in India needs gender budgeting. What are the requirements and status of gender budgeting in the Indian context? (2016)

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