OFFENCE AGAINST WOMEN

Offence against women in India

Abstract
In this research paper I will deal with offence against women and specifically against women in
India with help of some statutes and recent case judgment by courts of India. I have used various
datas provided by government of India to illustrate the hazardous condition of women in this
country and how their situation is deteriorated. Judicial activism has a vital role in the modern-
day law.

Dilshad Ahmed
Roll no- 22(B.A.LL.B(HONS) 5TH semester Regular Batch
 INTRODUCTION

As Swami Vivekananda had said “That country and that nation that do not respect women have
never become great, nor ever be in future”. Women are considered as a weaker sex not only from
physical point of view but also from sociological aspect also. When we refer to smritis, we notice
that woman has always been dependent on man. During child hood, on her father, after marriage
on her husband, and during her old age on her son. However, in olden times we find say “Where
women are respected their Gods reside” Mahatma Gandhi once observed. To call women a weaker
sex it’s liable in mans injustice to women if by strength means brute strength, then indeed women
are less brute than men. If by strength means moral power then women is work of Gabon the spirit
of man in every position like priest, husband guardian perpetuated the female sex as to obey the
man but no one questioned as to why she must be treated as obeying person. Women were
considered inferior to men in practical life. But in scriptures they were given high position. Thus,
in past, the status of women in India was not clear. It was theoretically high but practically low.
Women were prohibited to take part in domestic as well as in external matter. They were under
the influence of their parents before marriage and their husbands after marriage.1

Crime against woman is one of the most regular and prevalent human rights violations. It is rooted
in gendered social structures rather than individual and random acts; it cuts across age, socio-
economic, educational and geographic boundaries; affects all societies; and is a major obstacle to
ending gender inequality and discrimination globally. The United Nations defines Crime 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
deprivation of liberty, whether occurring in public or in private life”.2

Aristotle and Rousseau branded qualities like modesty, feminity and meekness as womanly and
natural for the female sex. Plato did concede them an equal status in his Republic but that is stray
example.3

1
Gaur KD, ‘A Textbook on Indian Penal Code’, Universal Law Publishing Co.: Lucknow;
2011.
2
General Assembly Resolution 48/104 Declaration on the Elimination of Violence against
Women, 1993.
3
Rama Mehta, Socio-Legal Status of Women, Mittal Publication, New Delhi 1985
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The socialist thinkers led by Karl Marx, Engels and others believed that women had been
transformed from free and equal productive members of the society to subordinate wives and
wards

Even Hobbes and Locks, the advocates of equality, did not assign this equality to women.

“Equality and freedom, however evaded women as in the chequered history of mankind one finds
that different and disparate cultures, however distant they may be in time and space have one thing
in common and that is contempt for women. This unequal status of women being offensive to human
dignity and human rights emerged as a fundamental crisis in human development the world over.
The full development of personality of fundamental freedom and equal participation by women in
political, social, economic and cultural scenario are concomitants of national development, social
and family stability. All forms of discrimination on grounds of gender breed unrest.”4

CLASSIFICATION OF OFFENCES AGAINST WOMEN

Women are victims of crimes such as rape, murder, robbery, cheating, etc. Which are not specially
directed at them, there are designated as crimes against women, which are directed specially
against them and detailed herein.

1. The Offences Identified in Indian Penal Code, 1860:

A. Rape (section 375-377).

B. Kidnapping & Abduction, trafficking and prostitution (Section 359- 373).

C. Killing for Dowry, Dowry Deaths or their attempts (Section 304 B)

D. Mental and Physical Torture

E. Molestation (Section 354)

F. Offences related to Marriage (section 493- 498)

4
Mamata Rao “Offences against Women, Human Rights in India, Issues and Challenges, ed.
Aftab Alam, Raj Publications, New Delhi P.76
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G. Acid Attacks (Section 326 A)

H. Honor Killing (Section 300)

1. Rape (Section 375-377)

Sexual offenses: as per Section 375 to 377 of IPC talks about sexual offenses as per section 375
defined as Rape, this term is derived from the Latin term rapio, which means to seize. Thus, rape
literally means a forcible seizure and that is essential characteristics of offense. We can also say
that intercourse with women without her consent.

As per Section 375: A man is said to commit “rape” who, except in the case hereinafter excepted,
has sexual intercourse with a woman under circumstances falling under any of the six following
descriptions: -

Firstly– Against her will.

Secondly– Without her consent.

Thirdly– With her consent, when her consent has been obtained by putting her or any PS person
in whom she is interested in fear of death or of hurt.

Fourthly- With her consent, when the man knows that he is not her husband, and that consent is
given because she believes that he is another man to whom she is or believes herself to be lawfully
married.

Fifthly– With her consent, when, at the time of giving such consent, by reason of unsoundness of
mind or intoxication or the administration by him personally or through another of any stupefying
or unwholesome substance, she is unable to understand the nature and consequences of that to
which she gives consent.

Sixth- With or without her consent, when she is under age of sixteen years.

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence
of rape.

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Exception: Sexual intercourse by man with her consent his own wife, the wife not being under
fifteen years of age, is not rape.

Essentials ingredients of the Section of 375:

 There must be sexual intercourse with a woman by a man;

 Such sexual intercourse should be under any of the following circumstances:

 Against her will;

 Without her consent;

 With consent obtained under fear of death or hurt;

 With consent given under a misconception of fact that the man is her husband;

 Consent was given by reason of unsoundness of mind, intoxication or under influence of

any stupefying or unwholesome substance;

 With women under 16 years of age, with or without consent.

Punishment for Rape:

Section 376. Punishment for rape.—(1) Whoever, except in the cases provided for by sub-section
(2), commits rape shall be punished with imprisonment of either description for a term which shall
not be less than seven years but which may be for life or for a term which may extend to ten years
and shall also be liable to fine unless the woman raped is his own wife and is not under twelve
years of age, in which cases, he shall be punished with imprisonment of either description for a
term which may extend to two years or with fine or with both:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever: (a) being a police officer commits rape-

 Within the limits of the police station to which he is appointed; or

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  In the premises of any station house whether or not situated in the police station to which
he is appointed; or

 On a woman is his custody or in the custody of a police officer subordinate to him; or

(b) Being a public servant, takes advantage of his official position and commits rape on a woman
in his custody as such public servant or in the custody of a public servant subordinate to him; or

(c) Being on the management or on the staff of a jail, remand home or other place of custody
established by or under any law for the time being in force or of a woman’s or children’s institution
takes advantage of his official position and commits rape on any inmate of such jail, remand home,
place or institution; or

(d) Being on the management or on the staff of a hospital, takes advantage of his official position
and commits rape on a woman in that hospital; or

(e) Commits rape on a woman knowing her to be pregnant; or

(f) Commits rape when she is under twelve years of age; or

(g) Commits gang rape,

Shall be punished with rigorous imprisonment for a term which shall not be less than ten years but
which may be for life and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment of either description for a term of less than ten years.

Explanation 1 Where a woman is raped by one or more in a group of persons acting in furtherance
of their common intention, each of the persons shall be deemed to have committed gang rape
within the meaning of this sub-section.

Explanation 2 “Women’s or children’s institution “means an institution, whether called an

orphanage or home for neglected women or children or a widows’ home or by any other name,
which is established and maintained for the reception and care of women or children..

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Explanation 3 “Hospital” means the precincts of the hospital and includes the precincts of any
institution for the reception and treatment of persons during convalescence or of persons requiring
medical attention or rehabilitation.

2. Kidnapping and Abduction (Section 359- 373):

Kidnapping and Abduction for a different purpose (section 363 to 373): As per section 363 talks
about punishments for kidnapping Whoever kidnaps any person from India or from lawful
guardianship, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.

2. The Offences Identified in the Special Laws:

The crimes identified under the special laws: Although all laws are not gender specific, the
provisions of law affecting women significantly have been reviewed periodically and amendments
carried out to keep pace with the emerging requirements. Some acts which have special provisions
to safeguard women and their interests are:

A. The employees Insurance Act,1948

B. The Plantation Labor act, 1951

C. Special marriage Act, 1954

D. The Hindu marriage Act, 1955

E. Dowry Prohibition Act, 1961

F. The equal Remuneration Act, 1976

G. The child marriage Restraint (Amendment) Act, 1979

H. Commission of Sati (Prevention) Act, 1987

I. Hindu succession Act,1956.

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OFFENCES AGAINST WOMEN IN INDIA

There are a variety of psychological, economical, sociological forms of victimization of women.

In our society we have been seen that women are economically discriminated at working places.
At the same time women are also exploited physically, emotionally and sexually by their husbands.
It is shocking to hear that women had no right to decide whether they could continue their
pregnancy or terminated it. The following are categories of crimes against women in India such
as: Sexual offences, Offences for gain, Molestation and rape, Harassment at home leading to
suicide and murder of young brides, Immoral trafficking, exploitation of women. Physical torture,
Mental Cruelties.

CAUSES OF CRIME AGAINST WOMEN IN INDIA

Crimes against women is not considered from only physical point of view but also sociological
aspect also. There are records of women raped, beaten, abducted, and given humiliating treatment.
Women have been subjected to socio economic and culture deprivation for such a long time that
there is a general indifference and lack of awareness of crimes against them. Over 32000 murders,
19000 rapes, 7500 dowry deaths and 36500 molestation cases are the violent crimes reported in
India in 2006 against women. At least one out of three women has been beaten, forced into sex, or
abused during her lifetime, according to a study based on 50 surveys from around the world. On
most occasions, the abuser was a member of the woman’s family or someone known to her.5

Various datas have been mentioned below:

1. One woman in four has been abused during pregnancy.

2. More than 60 million women worldwide are considered ‘missing’ as a result of sexselecti
ve abortions and female infanticide, according to an estimate by Nobel Laureate
Amartya Sen.
3. The World Health Organisation has reported that up to 70% of female murder victims are
killed by their male partners.;
4. 1 crime committed against women every three minutes;
5. 1 molestation case every 15 minutes;

5
Mishra SN, ‘Indian Penal Code’, Central Law Publications: Allahabad; 2006.
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 6. 1 sexual harassment case every 53 minutes;
7. 1 kidnapping and abduction case every 23 minutes;
8. 1 rape case every 29 minutes;
9. Four out of 10 women in India have experienced violence in the home;
10. 45% of women have suffered at least one incident of physical or psychological violence in
their life;
11. 26% have experienced at least one moderate form of physical violence;
12. More than 50% of pregnant women have experienced severe violent physical injuries.
13. According to the NCRB, approximately 6,000 women are killed in India every year
because of dowry. Unofficial estimates are as high as 15,000 deaths a year. In otherwords,
between 16 and 40 women die every day because of dowry.6

Case laws
In the Mathura rape case:7
The appeal was accepted. The judgement of High court was reversed and the conviction recorded
against as well as the sentences imposed upon the appellants by it were set aside.
The Hon’ble Supreme Court evidently enough, tragically failed to distinguish between “active
consent” and “passive submission”. Such submission due to fear cannot imply consent. It is the
very point where the reasoning of the Supreme Court faltered, thereby resulting in shocking
miscarriage of justice. Consent is a concept which is capable of rendering the immoral moral, the
painful pleasurable, and the reprehensible commendable. It plays an invaluable role in
transforming the illegal into the legal. Though the case led to the radical amendments in rape laws
in the Indian Penal Code making them more victim-friendly, the decision of the Supreme Court in
the case was indeed a big blot on the face of Indian Judiciary. The court should have adopted a
more sensitive attitude towards the victim. There is not a single word in the judgement condemning
the very act of calling Mathura, and detaining her at the police station which was in gross violation
of the law. Nor is there a single word condemning the use of the police station as a theatre of rape

6
Lawctopus' Law Journal,” Offences against women under IPC-Academike”.
7
Tukaram & Anr. V State of Maharashtra (AIR 1979 SC 185); 1978 CriLJ 1864; (1979) 2 SCC
143.
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or submission to sexual intercourse. There is no direction to the administration to follow the law.
There are no strictures of any kind.
The Court unfortunately enough, gave no consideration whatsoever to the socio-economic status,
the lack of knowledge of legal rights, the age of victim, lack of access to legal services, and the
fear complex which haunts the poor and the exploited in Indian police stations and that too an
orphaned illiterate tribal girl of fourteen or sixteen years old.
In State of Haryana v. Raja Ram, in this case the prosecutrix was a young girl of 14 years. She
became friendly with a person called Jai Narain, aged 32, who was a frequent visitor. When Jai
Narain was forbidden by prosecutrix’s father from coming home, he sent a message through a Raja
Ram. She was constantly persuaded to leave the house and come with Jai Narain, who would keep
her in a lot of material comforts. One night, the prosecutrix arranged to meet Jai Narain in his
house and went to meet him where she was seduced by Jai Narain.

Held: It was held that Jai Narain was liable under Section 376 for rape and Raja Ram under Section
366.

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Conclusion

In the present work, we have tried to put forth before the criminal justice system of India that
Indian women are now no safe and always a kind of threat feelings generated among the women
that in the present scenario they can be easily victimized from any nook and corner of the society.
As per our hypothesis its crystal clear that the sharp increase in crime rates from (7.6%) in 2003
to (8.8%) 2007 in the last five years at the national level and when we only compared megacities
with the total national crime rate, it is sharply increased from (24,709) in 2007 to (21,861) in 2006,
a total increase of (13.0%) in just one year.

These figures show a hazardous situation in the country like India with respect to safety and
security of women. Not only that even foreigners are also not been spared who are coming to India
as many cases have been booked under rape and murders against the foreigners. In this era of
globalization, there is an urgent need to motion our Criminal Justice System of India in maintaining
law and order situation of the country that one should feel safe and secure.

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References

 Criminal law K.D. Gaur

 S.N. Mishra Criminal Law
 Lawctopus
 Manupatra
 IndianKanoon.Org
 Rama Mehta, Socio-Legal Status of Women, Mittal Publication, New Delhi 1985
 Mamata Rao “Offences against Women, Human Rights in India, Issues and Challenges,
ed. Aftab Alam, Raj Publications, New Delhi P.76

Table of cases-
1. State of Haryana v. Raja Ram
2. Tukaram & Anr. V State of Maharashtra (AIR 1979 SC 185); 1978 CriLJ
1864; (1979) 2 SCC 143.

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