Eliminating violence against women By JK Latest News

 Eliminating violence against women

By MUNEEB RASHID MALIK

muneebrashidmalik@gmail.com

The pandemic has brought various challenges before us and one of the most infelicitous challenges is the problem of violence

Honesty, pride andself-esteem 

are crucial to the personal 

freedom of a woman. Social 

progress depends on the prog-

ress of everyone. Following 

words of the father of our nation 

must be noted at all times: To call 

woman the weaker sex is a libel; it 

is man’s injustice to woman. If by 

strength is meant moral power, then 

woman is immeasurably man’s supe-

rior. Has she not greater intuition, 

is she not more self-sacrifi cing, has 

she not greater powers of endurance, 

has she not greater courage? Without 

her, man could not be. If non-violence 

is the law of our being, the future is 

with woman. Who can make a more 

effective appeal to the heart than 

woman?” - Mukesh v. State (NCT of 

Delhi), (2017) 6 SCC 1.

The International Day for the 

Elimination of Violence against 

Women is observed every year on 25th

November. 

This day was fi rst com-

memorated in the year 1999 follow-

ing a proclamation from the United 

Nations General Assembly. This 

year’s theme for the International 

Day for the Elimination of Violence 

against Women is “Orange the World: 

Fund, Respond, Prevent, Collect.” 

This year’s International Day for 

the Elimination of Violence against 

Women will mark the launch of 16 

days of activism that will conclude on 

10th December, 2020, which is Interna-

tional Human Rights Day. The World 

Human Rights Conference in Vienna, 

fi rst recognised gender-based vio-

lence as a human rights violation in 

1993. The Declaration on the Elimi-

nation of Violence Against Women, 

adopted by the United Nations Gener-

al Assembly in 1993, defi nes violence 

against women 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 depriva-

tion of liberty, whether occurring in 

public or private life.

 It encompasses, 

but is not limited to physical, sexual 

and psychological violence occurring 

in the family, including battering, 

sexual abuse of female children in the 

household, dowry related violence, 

marital rape, female genital mutila-

tion and other traditional practices 

harmful to women, non-spousal vio-

lence and violence related to exploi-

tation; physical, sexual and psycho-

logical violence occurring within the 

general community, including rape, 

sexual harassment and intimida-

tion at work, in educational institu-

tions and elsewhere; traffi cking in 

women and forced prostitution; and 

physical, sexual and psychological 

violence perpetrated or condoned by 

the state, wherever it occurs. 

The COVID-19 pandemic has 

spread like wildfi re in the entire 

world and is hardly showing any 

signs of disappearing anytime soon. 

Mental health problems are becom-

ing more numerous, with the effl ux 

of time, and lucid panaceas look like 

a distant dream. 

We have to become 

profi cient in living with this deadly 

virus until a fruitful vaccination for 

COVID-19 springs up. The pandem-

ic has brought various challenges 

before us and one of the most infe-

licitous challenges is the problem 

of violence against women which 

has affected their physical, mental, 

and social well-being during these 

unprecedented times. Between 1st

March, 2020 and 18th September, 2020, 

the National Commission for Women 

has received over 4,300 complaints 

of domestic violence which means 

the commission has received a large 

number of complaints during this 

pandemic and this worrying rise in 

the number of complaints of domestic 

violence is a matter of grave concern. 

The increase in the number of cases 

of domestic violence during the lock-

down is not only due to the corralling 

of people in their abodes but it is also 

due to various other factors such as 

mental sufferings, loss of jobs, frus-

tration, reduction in income, alcohol 

abuse and restricted social support. 

According to the World Health Orga-

nization, one in every three women 

across the globe experience physical 

or sexual violence in their lifetime.

In India, before the advent of the 

Protection of Women from Domes-

tic Violence Act, 2005, the victims 

of domestic violence were able to 

approach the court under Section 

498-A of the Indian Penal Code, 1860, 

which provides for husband or rela-

tive of husband of a woman subject-

ing her to cruelty. Therefore, the 

Protection of Women from Domestic 

Violence Act, 2005, was enacted to 

protect women from domestic vio-

lence. The Act aims to provide for 

effective protection of the rights of 

women guaranteed under the Con-

stitution of India who are victims 

of violence of any kind occurring 

within the family and for matters 

connected therewith. The Act’s pri-

mary objective is to protect a woman 

from cruelty or any kind of violence 

committed on her by her in-laws or 

husband at her matrimonial home.

Under the Protection of Women 

from Domestic Violence Act, 2005, 

the Central Government and every 

State Government, have to take all 

measures to ensure that the provi-

sions of the Act are given wide pub-

licity through public media includ-

ing the television, radio, and the 

print media at regular intervals. The 

offi cers of the Central Government 

and State Governments including the 

police offi cers and the members of 

the judicial services have to be given 

periodic sensitization and awareness 

training on the issues addressed by 

the Act. There has to be effective 

coordination between the services 

provided by concerned Ministries 

and Departments dealing with law, 

home affairs including law and 

order, health and human resources to 

address issues of domestic violence. 

Therefore, the Central Government 

and State Governments have signifi -

cant duties under the Protection of 

Women from Domestic Violence Act, 

2005, for the protection of the rights 

of women guaranteed under the Con-

stitution who are victims of violence 

of any kind occurring within the 

family. In Shyamlal Devda v. Pari-

mala, (2020) 3 SCC 14, it was held by 

the Supreme Court that a petition 

under the Protection of Women from 

Domestic Violence Act, 2005, can be 

fi led in a court where an aggrieved 

person, permanently or temporarily 

resides or carries on business or is 

employed.

It is a distant dream for the eco-

nomically weaker sections of the 

society to lodge a complaint online 

or call a helpline number for report-

ing a case of domestic violence 

which adds more troubles to their 

already existing problems. Mental 

health effects of domestic violence 

are also on the rise along with the 

physical effects. Women are falling 

prey to depression, anxiety, and 

other problems which are affecting 

their psychological well-being. 

The 

government needs to take concerted 

steps so that effectual protection of 

women is encouraged, even in times 

of a pandemic, when women are not 

able to resort to courts or police sta-

tions. In Santosh Bakshi v. State of 

Punjab, (2014) 13 SCC 25, it was held 

by the Supreme Court that the com-

plaint made by any woman alleg-

ing offence under the Protection of 

Women from Domestic Violence Act, 

2005 committed by any member of 

the family, is to be looked upon seri-

ously. It was further held that the 

police without proper verifi cation 

and investigation cannot submit a 

report that no case is made out. 

The 

investigating agency is required to 

make proper enquiry not only from 

the members of the family but also 

from neighbours, friends, and others. 

After such enquiry, the investigating 

agency may form a defi nite opinion 

and fi le report but it is for the court 

to decide fi nally whether to take cog-

nizance for any offence under any 

of the provisions of the Protection 

of Women from Domestic Violence 

Act, 2005.

As the cases of domestic violence 

affecting the mental, psychological, 

physical, and social well-being of 

women are on the rise all over the 

world and in India as well, signifi -

cant measures need to be taken to 

eliminate such a peril. Concerted 

steps have to be taken by the Central 

Government and State Governments 

to appoint such protection offi cers 

who are available at all times and 

can address the problems of the 

aggrieved victims constructively. 

Helplines have to made available at 

all times for the victims so that they 

are in a position to report complaints 

to the authorities for the redressal of 

their grievances. Numerous coun-

tries have taken important steps to 

curb the menace of domestic violence 

and cruelty in times of a pandemic 

but more such efforts are required, to 

make the world a better place to live 

which is free from domestic violence, 

cruelty, and abuse against women. 

The Government needs to designate 

places for reporting of domestic vio-

lence which may be formal or infor-

mal because the world is still under 

a strict lockdown and such places 

or shelters also need to be identifi ed 

where women can stay when forced 

to leave their connubial homes. Pub-

licity has to be given, highlighting 

the ill-effects of domestic violence 

and abuse, on the physical, mental, 

and social well-being of women and 

awareness needs to be the order of 

the day. In such a situation, media-

tors can play a vital role in curbing 

the hazardous effects of domestic 

violence. Mediators, through online 

mediation and their expertise, can 

use signifi cant methods to teach the 

aggrieved victims such skills which 

are required to tackle the ill-effects 

of domestic violence on mental and 

physical well-being. 

Women without 

access to phones can be helped by 

the Government by employing such 

people in a region who can address 

the problems of the victims more 

lucidly. Online counselling sessions 

on mental health must be organized 

by non-governmental organizations, 

governmental organizations, etc., so 

that people are encouraged and moti-

vated to lead a peaceful life at this 

disturbing juncture. These sessions 

have to be encouraged for women and 

girls to enable them to think positive-

ly at all times. Thus, we are all duty-

bound to rise to the occasion and take 

sincere steps to curb the menace of 

domestic violence and its harmful 

effects so that another pandemic does 

not emerge in the words of Justice R. 

Banumathi, Former Judge, Supreme 

Court of India: - 

“Stringent legislation and punish-

ments alone may not be suffi cient for 

fi ghting increasing crimes against 

women. In our tradition bound soci-

ety, certain attitudinal change and 

change in the mindset is needed to 

respect women and to ensure gender 

justice. Right from childhood years 

children ought to be sensitised to 

respect women. 

A child should be 

taught to respect women in the soci-

ety in the same way as he is taught 

to respect men. Gender equality 

should be made a part of the school 

curriculum. The school teachers 

and parents should be trained, not 

only to conduct regular personality 

building and skill enhancing exer-

cise, but also to keep a watch on the 

actual behavioural pattern of the 

children so as to make them gender 

sensitised. The educational institu-

tions, government institutions, the 

employers and all concerned must 

take steps to create awareness with 

regard to gender sensitisation and 

to respect women. Sensitisation of 

the public on gender justice through 

TV, media and press should be wel-

comed…Banners and placards in 

the public transport vehicles like 

autos, taxis and buses, etc. must be 

ensured. Use of streetlights, illu-

minated bus-stops and extra police 

patrol during odd hours must be 

ensured. Police/Security guards 

must be posted at dark and lonely 

places like parks, streets, etc.

 Mobile 

apps for immediate assistance of 

women should be introduced and 

effectively maintained. Apart from 

effective implementation of the vari-

ous legislation protecting women, 

change in the mindset of the society 

at large and creating awareness in 

the public on gender justice, would 

go a long way to combat violence 

against women.”