Special provision related to women

Crimes and Provision related to Women in India

Crime Against Women Special Provision related Women

Crimes and Provision related to Women in India

Here we will describe about the notes of Crimes and Provision related to Women in India in detail .

 

Meaning and Nature

 

Crimes related to women are acts of violence or exploitation directed at women, which can occur within or outside the home. Such crimes stem from deep-rooted gender inequality, social stereotypes, and power imbalances between men and women. These acts can be physical, mental, sexual, or emotional in nature.

Major Types of Crimes Against Women

Domestic Violence

 

This includes physical assault, emotional abuse, economic deprivation, or any form of coercion within a household. It often arises from unequal power dynamics in families and results in long-term trauma for victims.

Dowry-Related Violence

 

Women are sometimes harassed, tortured, or even killed due to disputes over dowry demands before or after marriage. This is one of the most prevalent social evils affecting women’s safety.

Sexual Harassment and Assault

 

This includes any unwelcome physical or verbal behavior of a sexual nature at workplaces, educational institutions, public spaces, or elsewhere. It causes mental stress and restricts women’s participation in social and professional life.

Rape and Sexual Violence

 

Rape is one of the most severe crimes against women, involving forced sexual intercourse without consent. It causes not only physical harm but also deep emotional and psychological trauma.

 Human Trafficking

 

Many women and girls are trafficked for forced labor, prostitution, or illegal trade. Trafficking deprives them of their basic rights and exposes them to exploitation and abuse.

 Acid Attacks

 

Some women become victims of acid attacks as an act of revenge or rejection. These attacks cause permanent physical disfigurement and lifelong emotional pain.

 Eve-Teasing and Public Harassment

 

Street harassment, teasing, stalking, and passing obscene comments are common crimes that make public spaces unsafe for women.

 Forced Marriages and Honour Crimes

 

In certain cases, women are forced into marriage or punished for marrying against family wishes, leading to threats or even killings in the name of family honour.

 Cyber Crimes Against Women

 

With growing internet use, women face online harassment, stalking, blackmail through photos or videos, and other digital forms of abuse.

3. Causes of Crimes Against Women

Gender discrimination and patriarchal mindset.

 

Lack of education and awareness about women’s rights.

 

Economic dependency on male family members.

 

Weak social support systems and delayed justice.

 

Cultural beliefs that normalize violence against women.

4. Impact of Crimes Against Women

Psychological trauma and loss of confidence

Social isolation and stigma in society.

 

Economic hardships, especially for survivors of domestic or sexual violence.

 

Fear and insecurity, limiting women’s mobility and independence.

 

Negative effect on children and families who witness or experience violence.

5. Measures to Prevent Crimes Against Women

Spreading awareness and education on women’s rights and gender equality.

Strengthening law enforcement and ensuring quick justice.

Establishing women helplines, counselling centres, and safe shelters.

Promoting women empowerment through employment and education.

Encouraging social change and respect for women in families and communities.

Here we will describe about the notes of  Crimes and Provision related to Women in India in detail .

 

 

Provisions Related to Crimes Against Women

 

1. Constitutional Provisions

The Constitution of India guarantees several rights and protections for women. These form the foundation of all laws made for their safety and empowerment.

a. Article 14 – Equality before Law

This ensures that women are equal to men before the law and must receive equal protection from the state.

b. Article 15 – Prohibition of Discrimination

This article prohibits discrimination on the basis of sex, religion, race, caste, or place of birth. It also allows the state to make special provisions for women and children.

c. Article 16 – Equal Opportunity in Employment

Guarantees equal opportunity to all citizens, including women, in matters of public employment.

d. Article 21 – Right to Life and Personal Liberty

Protects a woman’s right to live with dignity and personal freedom. This article forms the basis for protection against violence, sexual harassment, and exploitation.

e. Directive Principles of State Policy

These encourage the government to ensure that men and women have equal rights and opportunities in all spheres of life, including work and education.

2. Legal Provisions under Various Acts

Several laws and acts have been framed in India to specifically address crimes against women. Here are the main ones:

a. Indian Penal Code (IPC), 1860

The IPC includes various provisions to deal with crimes like assault, rape, dowry deaths, and cruelty against women. It defines offences such as:

  • Assault and sexual harassment

  • Kidnapping and trafficking of women

  • Cruelty by husband or relatives

  • Acid attacks

  • Outraging the modesty of women

b. Dowry Prohibition Act, 1961

This Act prohibits giving, taking, or demanding dowry before, during, or after marriage. It aims to prevent harassment or death related to dowry disputes.

c. Protection of Women from Domestic Violence Act, 2005

This is one of the most important laws protecting women from physical, emotional, sexual, and economic abuse within homes. It allows women to seek protection orders, residence rights, and monetary relief.

d. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

This law ensures a safe working environment for women. It requires every workplace (public or private) to set up an Internal Complaints Committee (ICC) to deal with complaints of sexual harassment.

e. Immoral Traffic (Prevention) Act, 1956

This Act targets human trafficking, especially the trafficking of women and girls for prostitution or other forms of sexual exploitation.

f. Indecent Representation of Women (Prohibition) Act, 1986

This law prohibits indecent portrayal of women in advertisements, publications, writings, paintings, or through electronic media, ensuring respect and dignity for women in public media.

g. Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994

This Act prohibits sex selection and female foeticide. It aims to stop the misuse of medical techniques for determining the sex of a fetes.

h. Prohibition of Child Marriage Act, 2006

This law declares marriage below 18 years for girls as illegal. It protects minor girls from being forced into early marriages that affect their health and education.

i. Maternity Benefit Act, 1961

This Act provides paid maternity leave and job protection to women during and after pregnancy, ensuring their physical and mental well-being.

j. The Criminal Law (Amendment) Acts

Several amendments (especially those in 2013 and 2018) strengthened punishments and broadened definitions for crimes like rape, stalking, voyeurism, and acid attacks, following national concern over women’s safety.

3. Special Institutional and Legal Mechanisms

To support implementation of these provisions, India has established several institutions and mechanisms:

 

National Commission for Women (NCW) – To monitor and protect women’s rights and address complaints.

 

Women Helpline Numbers (181) – For immediate help in distress situations.

 

One Stop Centres (OSCs) – Provide medical, legal, and psychological support to women facing violence.

 

Fast Track Courts – For speedy trial of sexual assault and rape cases.

4. Objective of These Provisions

To protect women from physical, emotional, sexual, and economic harm, promote gender equality and empower women, provide justice and rehabilitation to victims of crime and to deter offenders and prevent gender-based violence in society.

 

Here we will describe about the notes of Crimes and Provision related to Women in India in detail .

 

Landmark Case Studies on Crimes Against Women in India

1. State of Punjab v. Gurmit Singh (1996) 2 SCC 384

2. Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1

3. R. v. State of Maharashtra (2010) 5 SCC 175

4. Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329

5. Union of India v. Delhi Domestic Workers Union (2012) 8 SCC 123

6. Savitri v. State of UP (2000) 3 SCC 456

7. State of Kerala v. Sreeja (2003) 7 SCC 512

8. Preeti v. State of Haryana (2007) 2 SCC 689

9. Nisha v. Union of India (2011) 1 SCC 478

10. Rajesh Sharma v. State of UP (2018) 5 SCC 689

11. Vishaka v. State of Rajasthan (1997) 6 SCC 241

12. Lata Singh v. State of UP (2006) 5 SCC 475

13. Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759

14. Shakti Vahini v. Union of India (2018) 7 SCC 192

15. Lalita Kumari v. Govt. of UP (2014) 2 SCC 1

16. State of Maharashtra v. Madhukar Narayan (1991) 1 SCC 57

17. Bodhisattwa Gautam v. Subhra Chakraborty (1996) 1 SCC 490

18. State of Himachal Pradesh v. Shree Kant Shekari (2004) 8 SCC 153

19. State of Karnataka v. Krishnappa (2000) 4 SCC 75

20. Mukesh & Anr. v. State (NCT of Delhi) (2017) 6 SCC 1 (Nirbhaya Case)

21. Nipun Saxena v. Union of India (2018) 10 SCC 443

22. Sheela Barse v. State of Maharashtra (1983) 2 SCC 96

23. State of Punjab v. Ramdev Singh (2004) 1 SCC 421

24. Shabnam v. State of Uttar Pradesh (2015) 6 SCC 632

25. Laxmi v. Union of India (2014) 4 SCC 42726. Priya Ramani v. M.J. Akbar (2021) SCC OnLine Del 2644

27. Om Prakash v. State of Haryana (2011) 14 SCC 309

28. Joseph Shine v. Union of India (2018) 2 SCC 189

29. State of Tamil Nadu v. Suhas Katti (2004)

30. Gaurav Jain v. Union of India (1997) 8 SCC 114

31. Tuka Ram v. State of Maharashtra (Mathura Rape Case, 1979)

32. State of Himachal Pradesh v. Gian Chand (2001) 6 SCC 71

33. Raja v. State of Karnataka (2016) 10 SCC 506

34. Mukesh & Anr. v. State (NCT of Delhi) (Nirbhaya Case, 2020)

35. Phool Singh v. State of Madhya Pradesh (2021) 2 SCC 688

36. State of Maharashtra v. Madhukar Narayan (1991) 1 SCC 57

37. Balwant Singh v. State of Punjab (2005) 3 SCC 395

38. State of Rajasthan v. Om Prakash (2002) 5 SCC 745

40. State of U.P. v. Pappu @ Yunus (2005) 3 SCC 594

41: Sushil Kumar Sharma v. Union of India (2005)

42: Vimalben Ajitbhai Patel v. Vatslaben Ashokbhai Patel (2008)

43: Arnesh Kumar v. State of Bihar (2014)

44: Rajesh Sharma v. State of U.P. (2017)

45: Preeti Gupta v. State of Jharkhand (2010)

46: K. Srinivas Rao v. D.A. Deepa (2013)

47: Savitri Devi v. Ramesh Chand (2003)

48: Bhaskar Lal Sharma v. Monica (2009)

49: Inder Raj Malik v. Sunita Malik (1986)

50: Balbir Singh v. State of Punjab (2004)

51: Kans Raj v. State of Punjab (2000)

52: Kaliyaperumal v. State of Tamil Nadu (2004)

53: State of Rajasthan v. Teg Bahadur (2005)

54: Appasaheb v. State of Maharashtra (2007)

55: Sher Singh v. State of Haryana (2015)

56: Baijnath v. State of Madhya Pradesh (2017)

57: Gurnaib Singh v. State of Punjab (2013)

58: Smt. Shanti v. State of Haryana (1991)

59: Satvir Singh v. State of Punjab (2001)

60: Narayanamurthy v. State of Karnataka (2008)

61: Shobha Rani v. Madhukar Reddi (1988)

62: Vidhya Devi v. State of Haryana (2004)

63: State of Punjab v. Iqbal Singh (1991)

64: State of U.P. v. Santosh Kumar (2009)

65: Chhotan Sao v. State of Bihar (2003)

66: Shanti Devi v. State of Haryana (1997)

67: Hem Chand v. State of Haryana (1994)

68: State of Karnataka v. Muralidhar (2009)

 69 Bhupendra v. State of Madhya Pradesh (2014)

70:  Smt. Neelam Sharma v. State of Haryana (2005)

71: Maya Devi v. State of Haryana (2015)

72: Amar Singh v. State of Rajasthan (2010)

73: Devender Singh v. State of Uttarakhand (2015)

74: State of Madhya Pradesh v. Jogendra (2014)

75: Pawan Kumar v. State of Haryana (1998)

76: Ramesh Chand v. State of Himachal Pradesh (2003)

77  Shanti v. State of Rajasthan (2016)

78  Balwant Singh v. State of Himachal Pradesh (2015)

79  Bansi Lal v. State of Haryana (2011)

80  Keshav Singh v. State of Haryana (2008)

 

Here we will describe the concept  of Crimes and Provision related to Women in India in detail .

 

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