ISSN 2455-4782

30 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

INDIAN WOMEN AND CRIMES: SOME CONTEMPORARY ISSUES

Authored by: Rekha Khandelwal*

* Research Scholar, Department of Law, University Of Rajasthan

______________________________________________________________________________

INTRODUCTION

Crime against women is a part of daily newspapers like rape with child, trafficking, kidnapping,

sexual harassment at workplace, schools, colleges, and even in families. Moreover, there are many

unreported crimes which do not come in news but women have to face them in routine life, like

domestic violence against her in-laws, cruelty by husband and his relatives, discrimination on the

ground of gender in the area of education, health, employment, microfinance, women in politics,

violence against women in family, dowry death, etc. These issues have always been contemporary

issues of law from the very middle era. Although there are large number of laws today for prevention

of such crimes, but why these crimes are not being prevented even after being so much laws in the

country. This is a subject of analysis that why women have to face injustice even after availability

of so much laws and she is unable to use these laws and get justice. The crime against women can

be enumerated as below:

SEXUAL HARASSMENT

“Speaking generally, sexual harassment is a behaviour with a sexual connotation that is abusive,

injurious and unwelcome. It places the victim in atmosphere of intimidation, humiliation or

hostility. It may be constituted by many or a single act and the intention of the harasser has no

relevance. There is a whole range of behaviour and activity which may not fall squarely within the

ISSN 2455-4782

31 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

definition above but still it may constitute or may amount to sexual harassment. Following can be

few of the illustrations of such behaviour and any of these may be perceived as sexual harassment:

1. Sexual comment or sexually determined behaviour such as.

2. Leering at another body and/or sexually suggestive gesturing

3. Displaying sexually visual material such as pin ups, cartoons, graffiti, computer programs

and catalogues of sexual nature

4. Telling a women employee about the ways she dresses up.

5. Calling her up late at night with a request to have dinner repeatedly with which she is not

comfortable

6. Making sweeping statement while delivering lecture on advertising, for example, women

are the best models to sell product, that body of the car should be sleek and sexy like a

woman, so has to be soft to touch and so on

7. Any other verbal and nonverbal conduct sexual in nature.

A popular misconception about sexual harassment is that it inevitably includes physical sexual

contact at any time, place and in any context. Also it may not be true always that every kind of

sexual relation should involve visible proof. The conduct constituting sexual harassment

encompasses both physical as well as psychological behaviour. It may be subtle and include verbal

innuendos and affecting affectionate gestures that are inappropriate in the circumstances.

Women across age groups and class, face this menace. Younger and newer entrants into the

profession, especially in private sector, are equally vulnerable as women on the verge of their

retirement. Even widows who get job on compassionate grounds or divorced women are not spared.

The Crux of the matter is that a major chunk of the population has to endure such sexual gestures

and comments without any fault of theirs.”1

1 Ritu Gupta : Sexual Harrasment at Workplace (Bharat Law House)

ISSN 2455-4782

32 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

GENDER DISCRIMINATION

“Discrimination against girls and women in the developing world is a devastating reality. It results

in millions of individual tragedies which add up to lost potential for entire economy. There is a

direct link between a country's attitude towards women and its progress socially and economically.

The status of women is central to the health of a society. If one part suffers so does the whole.

Tragically, female children are most defenseless against the order of gender discrimination. The

following obstacles are stark examples of what the female worldwide face. But the new generations

of girls represent the most promising source of change for women in the developing world today.

DOWRY AT THE TIME OF MARRIAGE

In developing countries, the birth of a girl causes great upheaval for poor families. When there is a

barely enough food to survive, any child puts strain on a family resources. But the monetary drain

of a daughter feels even more severe especially in regions where dowry is practised. The dowry is

originally intended to help with marriage expenses, dowry came to be seen as payment to the

groom’s family for taking on the burden of another woman. The dowry practice makes the prospect

of having a girl even more distasteful to poor families. it also put Young women in danger. UNICEF

estimates that around 5,000 Indian women are killed in related incidents each year.

NEGLECT OF THE GIRL CHILD

Neglect of the girl child is seen from the very birth. Statistics show that the neglect continues as

they grow up. Young girls receive less food, health care and fewer vaccinations overall then boys.

ISSN 2455-4782

33 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

INFANTICIDE

In extreme cases, parents make the horrific choice to end their baby girl’s life. It is not just poverty,

but preference for a boy child on religious background. A daughter is always regarded as liability.

Sex selective abortion are even more common than infanticides in India.

ABUSES IN THE FAMILY

After infancy the threat of physical harm follows girls throughout their lives. Women in every

society are vulnerable to different types of abuses, but the threat is more severe for girls and women

who live in societies where women's rights mean practically nothing. Mothers who lack their own

rights have little protection to offer their daughters, much less themselves, from their relatives and

other authority figures. The frequency of rape and violent attacks against women is alarming.

HOUSEHOLD WORK

School might be an option for a few years but most girls are pulled out at the age of nine or ten

when they are useful enough to work all day at home. Nine million more girls than boys miss out

on school every year according to UNICEF report.

EDUCATION OF WOMEN

Education is an important determinant of the status of women in society. Gender inequality in

education directly affects the economic growth by lowering the average level of human capital. In

addition, growth is indirect affected through the impact of gender inequality on investment and

population growth. The status and growth of education in society indicates the social economic

development.

ISSN 2455-4782

34 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

WOMEN'S HEALTH

Women’s health not only confined to the deteriorated physical health, but also the mental trauma

that discriminate between the sexes within the family and in the society. The constitution of the

body of women is such that it continuously changes its physical form and gives mental stress and

different forms the physical changes of women’s body during puberty, the starting of menstruation

and resulting hormonal changes cause psycho-somatic disorders and mental stress in almost all

adolescent girls. Women face irritation, mood swings and depression caused by the hormonal

change during menopause.

VIOLENCE WITHIN THE SOCIETY

All types of violence outside the house and in the workplace come under this type of violence.

Violence and abuse against women can be classified into these categories:

1. Physical violence including threats of violence hitting with fists or weapons with or without

physical injury is the most common understood form of abuse all forms of physical violence

are crimes under the criminal code.

2. Sexual violence is any form of non-consensual or forced sexual activity or touching,

including rape. All forms of sexual violence are crimes under the Criminal Code. The term

sexual assault encompasses a wide range of criminal acts ranging from unwanted sexual

touching to sexual violence involving weapons and is categorised according to three levels

of severity. The term “sexual offence” refers to the three levels of sexual result as well as

other sexual offences which are designed primarily to protect children.

3. Psychological or emotional abuse includes insult, humiliation, put-downs and yelling, and

extreme jealousy. These are not crimes under the criminal code, but are often effectively

used to control and intermediate intimate partners. It also includes harming pets and

damaging property which are crimes under criminal code.

4. Financial abuse, also referred to as economic abuse or material exploitation, includes

restricting access to family resources, inheritance on employment opportunities, or to seize

ISSN 2455-4782

35 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

pay cheques. Unless theft, fraud or some form of coercion is used, financial abuse is not a

crime under the Criminal code.

5. Spousal abuse refers to physical and sexual violence of psychological or financial abuse

within current of former marital or common-law relationships, including same-sex spousal

relationships. The broader category of intimate partner abuse compasses spouse violence

and violence committed by a current or former dating partner.

6. Spousal assault is measured according to the Criminal Code and includes physical of sexual

assault and threats of violence.

7. Spousal homicide refers to the killing of a marital or common-law partner and includes first

and second degree of Murder and manslaughter.

8. Criminal harassment/ stalking is obsessive behaviour directed towards another person. It

can involve persistent, malicious and unwanted surveillance, and invasion of privacy that is

a constant threat to the victim’s personal security. Criminal harassment is an offence under

the criminal code.

9. Trafficking in persons is a crime under the Criminal Code. Trafficking is the use of

deception, coercion or force to recruit, move or hold a person in order to use or exploit that

person against their will for the sex trade or forced labour. The majority of transitional

victims are trafficked into commercial sexual exploitation.”2

RECENT REPORTED CRIMES AGAINST WOMEN

“Woman stabbed after foiling rape bid in UP's Deoria

27 APR 2019

A youth had barged into her house on Gorakhpur Road, where she lives with her two children, and

tried to rape her on Thursday night, local police station in charge Yadvendra Pal said.

50-yr-old mentally ill woman raped in Delhi's Lajpat Nagar

04 APR 2019

2 Dr. Sandhya Ram Das : Gender Dynamics in India

ISSN 2455-4782

36 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

Tamil Nadu gets special unit to tackle crime against women and children

17 MAR 2019

Man held for trying to molest married woman

A history-sheeter was nabbed and beaten up for trying to molest a married woman in Dabhoi.

Priest gets 10 yrs rigorous imprisonment for sexually abusing 11-yr-old girl

07 FEB 2019

Mumbai: FIR against 4 railway cops for ‘extortion’

14 JAN 2019

Four cops attached to CSMT railway police station have been booked allegedly for extorting money

from a passenger on Pushpak Express on Saturday. The cops, whose names have been withheld, were

off-duty.

Bombay HC says hurling abuse is not a crime, throws out cop's FIR against student

07 MAY 2019

Observing that the hurling of abuse attracts no offence of criminal intimidation, the Bombay high

court has quashed an FIR lodged by a traffic constable against a 23-year-old engineering post grad

student and his businessman father

FIR against Russian woman: HC summons FRRO, cops from crime branch, SOG

21 FEB 2019

Cyber crimes against women on the rise since August 2017: KWC chief

27 FEB 2019

Cyber crimes against women have increased since August 2017, said Kerala women's commission

(KWC) chairperson M C Josephine.

ISSN 2455-4782

37 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

Women squads strengthened, cops hope to curb hooliganism

06 MAY 2019

In an effort to control crimes against women, the state police has strengthened its all-women squads

in several districts.

Mumbai professor demands sexual favours from student, held

23 FEB 2019

Three cases of crime against women in Nagpur

05 MAR 2019

No change in crimes against women, feel Nirbhaya’s parents

08 APR 2019

Ludhiana: 18-year-old alleges rape by neighbour, probe on

16 FEB 2019

Three men get one year in jail for stalking teen

12 FEB 2019

Four cases of crime against women reported in city

21 FEB 2019

Bizman, 5 others booked for woman’s gangrape after party in Hyderabad

16 APR 2019

ISSN 2455-4782

38 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

Crimes against women in Mohali increase from 227 to 273 in 2018”3

24 MAR 2019

“Olympian Rower Dattu Bhokanal Charged For Allegedly Harassing Wife

India News | Press Trust of India | Saturday May 18, 2019

Olympian and Asian Games medallist Dattu Baban Bhokanal has been charged for allegedly

harassing his wife physically and mentally between December 22, 2017 and March 3 this year, a

Nashik police official said on Friday.

Policeman Flashes Women On Balcony In Mumbai Home, Arrested

Mumbai News | ANI | Wednesday May 15, 2019

A case has been filed against a police constable in Mumbai for allegedly flashing before women in

Nehru Nagar, the police said on Tuesday.

UP Woman "Sold" For Rs. 10,000, Gangraped; Sets Herself On Fire

Meerut News | Press Trust of India | Monday May 13, 2019

A woman, who was "sold" for Rs. 10,000 and raped by people for whom she was forced to work

as domestic help, set herself on fire after Uttar Pradesh police officials allegedly refused to register

her complaint, according to the Delhi Commission for Women.

Thane Man Caught On Video Flashing Woman Inside ATM, Arrested

Cities | Edited by Swati Bhasin | Tuesday May 14, 2019

A man in Thane was arrested on Sunday for molesting a woman inside an ATM at around 3 am

after a video of the accused flashing the woman went viral.

Woman Kidnapped, Raped By 4 Men In UP's Muzaffarnagar

Muzaffarnagar News | Press Trust of India | Sunday April 21, 2019

A 23-year-old woman was allegedly kidnapped and raped by four men in Muzaffarnagar, police

said Sunday.

3 Source : https://timesofindia.indiatimes.com/topic/crimes-against-women retrieved on 21.05.19

ISSN 2455-4782

39 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

States To Soon Have Cyber Forensic Labs To Check Crimes Against Women

India News | Press Trust of India | Saturday April 20, 2019

States are soon going to have cyber forensic laboratories and DNA examination facilities to deal

with the growing number of crimes against women, officials said today.

22-Year-Old Woman Allegedly Raped In Front Of Mother In UP

Cities | Press Trust of India | Monday April 15, 2019

A 22-year-old woman was allegedly raped by two menin front of her mother in a sugarcane field

in Kakrauli area of Muzaffarnagar district, police said.

Notice To Tihar Jail On Rape Convict's Release Over "Good Behaviour"

Delhi News | Press Trust of India | Tuesday April 9, 2019

The Delhi Commission for Women has issued notice to the Tihar jail and and the Delhi Police

seeking details of a rape convict who was set free before completion of his sentence.

Meerut Man Shoots Dead Woman, Injures Sister For Rejecting His Advances

Meerut News | Edited By Swati Bhasin (with inputs from ANI) | Tuesday April 2, 2019

A Meerut man has been arrested after he allegedly shot dead a woman for rejecting his advances.

The woman's sister was also critically injured when the accused, identified as Deepak, allegedly

opened fire inside her house.

Pregnant Indian-Origin Woman Found Dead In Punjab Canal, Husband Suspect

Indians Abroad | Edited By Swati Bhasin (with inputs from ANI) | Wednesday March 27, 2019

The body of a pregnant Indian-origin woman from Australia has been recovered from Bhakra Canal

in Punjab's Ferozepur district.

Acid Attack An "Uncivilised And Heartless Crime", Says Supreme Court

India News | Press Trust of India | Tuesday March 19, 2019

The Supreme Court has said that acid attack is an "uncivilised and heartless crime" which does not

deserve any clemency.

Kerala Teen Set On Fire On Road, Accused Suddenly Poured Petrol On Her

Kerala News | Reported By Sneha Mary Koshy, Edited By Swati Bhasin | Tuesday March 12, 2019

ISSN 2455-4782

40 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

A 18-year-old boy was arrested today in Kerala for allegedly pouring petrol on a girl and setting

her on fire this morning.

Woman In Gurgaon Dies After Husband Smashes Her Head With Bricks: Police

Gurgaon News | Indo-Asian News Service | Saturday March 9, 2019

A man allegedly killed his wife by smashing her head with bricks after a quarrel between them,

police said in Gurgaon on Saturday.

National Registry Of Sex Offenders Adds 5 Lakh Names To Database

India News | Press Trust of India | Sunday February 24, 2019

Names of over five lakh sex offenders, who were convicted for crimes against women, have been

added to a database which can been accessed by law enforcement agencies to help crack sex crimes

across the country, officials said Sunday.

Man Held Guilty Of Raping US Woman Despite "Negative Forensic Result'

Delhi News | Press Trust of India | Saturday February 16, 2019

A man has been held guilty of digital rape of a US citizen by a Delhi court, which said her testimony

could not be said to be unreliable as she came all the way from her country to appear in the case.”4

“A New Survey Finds 81 Percent Of Women Have Experienced Sexual Harassment Activists

participate in the Take Back The Workplace March and #MeToo Survivors March & Rally on Nov.

12, 2017, in Hollywood, Calif. A new survey offers the first set of nationwide data on prevalence,

showing that the problem is pervasive and women are most often the victims.

Back in October 2017, women took to social media to share their experiences of sexual harassment.

The #MeToo movement went viral, spurring a national and global discussion on the issue.

4 Source: https://www.ndtv.com/topic/crimes-against-women retrived on 21.05.2019

ISSN 2455-4782

41 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

NATIONAL

In The Wake Of Harvey Weinstein Scandal, Women Say #MeToo

Many women have since come forward with their experiences of being sexually harassed by

colleagues and bosses, costing influential men in the entertainment industry and the media

— including journalists here at NPR — their jobs.

And yet, there has been little data collected on the national prevalence of sexual harassment,

says Michele Decker, director of the women's health and rights program at Johns Hopkins School

of Public Health. As a result, many people have asked, "Where's the evidence?" she says.

Now an online survey launched in January by a nonprofit called Stop Street Harassment offers

some of that missing evidence. It found that 81 percent of women and 43 percent of men had

experienced some form of sexual harassment during their lifetime.

Those numbers are much larger than suggested by other recent polls. Those polls used a more

limited sample or narrower definitions of harassment, says Anita Raj, director of the Center on

Gender Equity and Health at the University of California, San Diego, who analyzed the results of

the new survey.The new survey, on the other hand, included a larger, more nationally representative

sample of men and women ages 18 and above, says Raj. The survey also involved a broader

definition of sexual harassment that includes the "continuum of experiences" that women face, she

says.

The results, released in a report Wednesday, show that 77 percent of women had experienced verbal

sexual harassment, and 51 percent had been sexually touched without their permission. About 41

percent said they had been sexually harassed online, and 27 percent said they had survived sexual

assault.

ISSN 2455-4782

42 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

The report also looked into locations where people experienced harassment. The majority of women

— 66 percent — said they'd been sexually harassed in public spaces. "The public forums are where

you see the more chronic experiences of sexual harassment," says Raj. These include verbal

harassment and physical harassment, like touching and groping.

However, 38 percent of women said they experienced sexual harassment at the workplace. Thirty-

five percent said they had experienced it at their residence. These experiences are more likely to be

assaults and the "most severe forms" of harassment, says Raj.

"The findings show that this is a pervasive problem and permeates all sectors of our lives," says

Holly Kearl, the main author of the report. "Most people who said they had experienced sexual

harassment experienced it in multiple locations."

"Sexual harassment until more recently has been viewed as part and parcel of what people

experienced," says Decker, who wasn't involved in the survey. As a result, public health researchers

don't monitor it. "It's often been dismissed, because it's considered not as egregious as sexual assault

or rape."

ARTS & LIFE

For The Men #MeToo Has Toppled, Redemption Will Take More Than an Apology

Rape and sexual violence are closely monitored by the U.S. Centers for Disease Control and

Prevention's National Intimate Partner and Sexual Violence Survey. As a result, public health

agencies and health workers are more aware of their prevalence and have been able to take steps to

help victims and offer programs aimed at preventing sexual violence.

ISSN 2455-4782

43 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

ABUSED AND BETRAYED

The Sexual Assault Epidemic No One Talks About

The new report shows that sexual harassment, too, is worth monitoring, says Decker. "We want to

know that we're responding to things that are prevalent and common, and this is showing that sexual

harassment is really prevalent."5

“Death by dowry” claim by bereaved family in India

Reported suicide is alleged to be part of alarming trend that sees 20 women die every day as a result

of harassment over a dowry – either murdered, or compelled to take their own lives

A wedding mural on a wall in Udaipur. Dowry payments were criminalised in India in 1961, yet

the conviction rate is low and the custom continues. Photograph: Duncan Vere Green/Alamy

Before leaving Delhi for a work trip earlier this year, a man paid a visit to his local police station.

He was so afraid his daughter’s life was in danger that he wrote a letter, which he left with the

police. In it, he accused his son-in-law and his relatives of abusing and tormenting her over their

demands for dowry.

If anything happens, he wrote, then this family are responsible.

Just weeks later, his daughter is reported to have killed herself. Shortly before, she had texted a

family member saying: “Because of him, my life is going to go.”

Police believe it to be suicide, although her family claim that she was murdered. They assert she

was the victim of continuous beatings. “He kept demanding money from her. This is not a suicide.

It is murder over dowry,” says her father.

5 Source : https://www.npr.org/sections/thetwo-way/2018/02/21/587671849/a-new-survey-fi retrieved on 21.05.19

ISSN 2455-4782

44 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

Police say the husband told them that the woman texted him threatening to kill herself minutes

before she jumped to her death.

Her death could prove to be another of India’s dowry death statistics. According to the National

Crime Records Bureau, 7,634 women died in 2015 – 20 every day – due to dowry harassment. They

were either murdered or felt compelled to take their own lives.

These were women whose parents had already given a usually hefty dowry at the time of the

arranged marriage, but the husband wanted more – cash, land, property, a car, a scooter, a flat screen

TV or an iPhone.

Friends say the dead woman was financially and socially independent, from an affluent upper

middle class family. The couple shared similar backgrounds and the marriage was not a traditional

arranged one.

But even love marriages are not immune to the scourge of dowry demands, says Subhashini Ali,

president of the All India Democratic Women’s Association.

“The husband’s parents often taunt him with lurid details of what parents of prospective ‘arranged’

brides were offering. When the husband himself is a drinker and abuser then the mix can be deadly,”

says Ali.

One man who knows how hard it is to change the Indian dowry custom is Satya Naresh, a web

entrepreneur in Hyderabad. In 2006, he set up India’s first matrimonial site for dowry-free

marriages. The words on the homepage say: “I want just u … I don’t want dowry.”

In 12 years, only 5,399 men have registered. The brutal reality, as Naresh admits, is that hardly any

men are prepared to forego the prospect of hard cash. “It’s way harder than I thought it would be to

fight dowry,” he says. “It’s just greed. No matter what nice things people say in public, they all

want the money. Even if a bridegroom doesn’t want a dowry, his parents want it and he can’t defy

them.”

ISSN 2455-4782

45 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

The reasons dowry and post-marriage dowry demands have persisted, despite a 1961 law making

them a crime punishable with a minimum five-year jail sentence, are complex.

These are rooted in Indian culture and include arranged marriages, the subordinate status of women,

parents’ fears that no one will marry their daughter without a dowry, and the centrality of the

institution of marriage, which makes it difficult for parents to even contemplate their daughters

remaining single.

Experts say a more consumerist and aspirational society has simply fuelled the traditional drivers

for dowries. And the conviction rate is low. The NCRB’s figures show that police nationwide have

charged around 93% of the accused in dowry deaths. Yet only about 34% result in convictions.

Last year research by the Hindustan Times newspaper found there had been 15 dowry deaths in the

Indian capital alone over the previous five years but not a single conviction.

Women’s rights groups blame shoddy police investigations, and out-of-court settlements. Often,

the woman’s family are reluctant to take on the burden (and expense) of a case that might go on for

20 years because of the 27 million pending cases of all kinds clogging the legal system.

NEWS ON WOMEN TRAFFICKING

Share on FacebookTweetShareShareEmailReddit

“28 Women, Allegedly Being Trafficked From Nepal, Rescued In Ghaziabad

Ghaziabad News | Press Trust of India | Monday October 22, 2018

Twenty-eight women from Nepal, who were allegedly being trafficked on the pretext of jobs in gulf

countries, were rescued today from two flats in Indirapuram in Ghaziabad, the police said. Based

on a tip-off, raids were conducted and the Nepali women, within the age group of 20-30 years, were

rescued from two flats in Sarjan Vihar society of Nyay K...

Police Say "Rescued" Girls Stayed At Paharganj Hotel Willingly

ISSN 2455-4782

46 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

Delhi News | Press Trust of India | Wednesday August 1, 2018

At least 39 Nepalese women were "rescued" from a hotel in Paharganj, the Delhi Commission For

Women (DCW) claimed today.

16 Women, Trafficked From Nepal, Rescued By Delhi Police

Delhi News | Press Trust of India | Wednesday July 25, 2018

With the help of the police, Delhi Commission for Women (DCW) rescued 16 women, who were

allegedly trafficked from Nepal and were about to be taken to Gulf countries, from southwest

Delhi's Munirka area, the police said today.

Massage Parlours Drive Demand For Thai Sex Slaves In Bengaluru, Mumbai

Reuters | Wednesday August 9, 2017

The booming spa and massage parlour business in India has led to increasing demand for women

from Thailand, many of whom are being duped and trafficked into slavery in the country’s sex

industry, police, diplomats and activists said today. At least 40 Thai women have been rescued this

year during police raids on massage parlours acting as fronts ...

Traffickers Find New Ways To Smuggle Girls From Remote Northeast

Thomson Reuters Foundation | Wednesday July 5, 2017

Mumbai: Young girls from remote northeast are lured with promises of good jobs and trafficked to

Southeast Asia and the Middle East on Nepalese passports, campaigners say, amid fears traffickers

are finding new ways to escape checks. “Over a 100 girls from the northeast and northern part of

Bengal were trafficked in the last two years, nearly 50 ...

Over 1.25 Lakh Women Trafficking Cases In India Last Year: Official

Indo-Asian News Service | Monday July 3, 2017

Kolkata: There were 35,000 reported cases of child trafficking and 1,25,750 women trafficking

cases in the country in 2016-17, with West Bengal topping in both categories, a senior National

Anti-Trafficking Committee (NATC) official said here on Saturday. “Among 35,000 reported cases

of child trafficking, 13,000 were registered from West Bengal....

ISSN 2455-4782

47 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

1 Month, 5,800 Kms: All About India’s Anti-Human Trafficking Caravan

Thomson Reuters Foundation | Wednesday May 24, 2017

New Delhi: You know when the “anti-human trafficking caravan” is in town. The loudspeakers

blare as the large white bus moves slowly through towns and villages and an animated voice calls

on residents – young and old – to come and join the fun. And the fun really is fun – ranging from

music, dance performances and street plays to puppet s...

Delhi Police Rescues 6 Women In Trafficking Raids: Women's Commission

Delhi News | Press Trust of India | Friday March 24, 2017

Delhi Police conducted raids and rescued six women from a gang involved in human trafficking, a

Delhi Commission for Women official said.

Sold, Raped, Injected With Hormones. Now Free, She Wants Her Sons Back

| Friday September 2, 2016

She was 12 when she went to a crowded market, not far from her home in the old quarters of Delhi,

to buy some staples and suddenly blacked out after being forced to sniff something. She woke up

in hell.

29 Philippine Women Rescued From Trafficking In Malaysia

World News | Agence France-Presse | Wednesday June 22, 2016

Malaysian police have rescued 29 Filipinas who had been trafficked into work in bars, the

Philippine embassy in Kuala Lumpur said today.

Mumbai Dance Bars To Reopen Amid Worries Trafficking Of Women May Rise

Mumbai News | Reuters | Wednesday March 16, 2016

After a 10-year hiatus, dance bars are set to reopen in Mumbai and Maharashtra with activists

warning women and girls could be trafficked and abused in these venues but bar owners arguing

this is legimitate, needed work.

Trafficked Nepali, Bangladeshi Women Trapped In Syria

World News | Agence France-Presse | Sunday March 13, 2016

ISSN 2455-4782

48 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

Nepali villager Sunita Magar thought she was heading to a safe factory job in Kuwait, but only

when she landed in Damascus did she realise "something had gone very wrong".

Bangladeshi Women Trafficked To War-Torn Syria As Sex Slaves, Maids

World News | Reuters | Tuesday March 1, 2016

Scores of Bangladeshi women have been lured with the promise of a good job in the Middle East

and then trafficked to war-torn Syria, where they are forced into domestic or sex work, a senior

Bangladeshi police official said.

Delhi Commission for Women Chief Meets Delhi Chief Secretary on Trafficking of Women

Delhi News | Indo-Asian News Service | Wednesday September 2, 2015

Delhi Commission for Women chief Swati Maliwal today met Delhi Chief Secretary KK Sharma

and urged him to reconstitute the state-level coordination committee to combat trafficking of

women.

Minor Girl Trafficked From Bengal, Married Off to Haryana Man, Escapes

India News | Written by Tanima Biswas | Friday August 7, 2015

By the tender age of 17 years, this girl from Bengal's Raniganj area has had a lifetime's worth of

bad experiences - sold off four times, forced marriage, abuse by husband, and captivity. Three days

ago, she finally managed to escape.”6

“10 women are kidnapped in Delhi everyday”7

Laws relating to crime against women and efforts by government

Especially the condition of women with regards to criminal justice is poor in our country. There are

a number of laws in our country to provide justice to women like Female Infanticide Prevention

Act, Dowry Prohibition Act, Domestic Violence Act, and Protection of Children from Sexual

6 Source : https://www.ndtv.com/topic/women-traffickingRetrieved on 21.05.19

7 https://www.indiatoday.in/mail-today/story/10-women-are-kidnapped-in-delhi-everyday-1268826-2018-06-25

retrieved on 21.05.19

ISSN 2455-4782

49 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

Offences Act, Child Marriage Act, Section 376 of IPC, Sexual Harassment of Women at Workplace

(Prevention Prohibition and Redressal) Act, etc.

“The Protection of Children from Sexual Offences Act, 2012 has been passed in June 2012 and

came into force with effect from 14th November 2012. The major amendment in sexual offences

under IPC has taken place with effect from 3rd February, 2013 by the Criminal Law Amendment

Act, 2013. The existing law pertaining to sexual crimes can further be divided into three categories

(i) penetrative sexual assault, (ii) sexual assault for sexual intended act and (iii) sexual intended

behaviour to insult womanhood.

Firstly, penetrative sexual assault includes rape under section 376 of IPC with aggravated forms of

rape under section 376A, gangrape under section 376D and repetition of rape or gangrape under

section 376E. Illegal sexual intercourse does not amount to rape but is also punishable under section

376B and section 376C. Besides, penetrative sexual assault of a child is punishable under Section

4 of the Protection of Children from Sexual Offences Act, 2012 and aggravated penetrative sexual

assault is punishable under section 6 of the said act. Secondary sexual assault on sexual intended

act is punishable as assault or use of criminal force to woman with intent to outrage the modesty

(molestation) under section 354, sexual harassment under section 354A, disrobing under section

354B, voyeurism under section 354C and stalking a woman under section 354D of IPC. When the

victim is a child below 18 years, the sexual assault is punishable under sections 8 and 12 of the

Protection of Children from Sexual Offences Act, 2012 and aggravated sexual assault is punishable

under section 10 of the said act. Thirdly sexual intended behaviour to insult womanhood is

punishable under section 509 of IPC where speaking of word, gesture or act is intended to insult

the modesty of a woman (eve teasing). We have special statutory provisions too to protect the

dignity of women against sexual acts, i.e., offences under the indecent representation of women

(prohibition) Act 1986 and publishing or transmitting of obscene and sexually explicit material in

electronic forms under sections 67, 67A, 67B of Information Technology Act, 2000.

ISSN 2455-4782

50 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

Irrespective of offences under section 493 to 498 of IPC relating to mock marriage, bigamy,

adultery, criminal elopement with wife of other, maximum number of offences are committed under

Section 498A of IPC i.e. cruelty by husband and his relatives. Abetment to suicide under section

306, dowry death under section 304B of IPC and offences under the Dowry Prohibition Act, 1961

are also offences against the Institution of marriage.

Kidnapping and trafficking of women irrespective of general kidnapping or abduction, procuring

of minor girl, below the age of 21 years, for commercial exploitation is special offence under section

366A or import of a girl from foreign country is also a special offence under section 366B. Besides,

selling or purchasing of a girl for the purpose of prostitution is an offence under section 372 and

373 of IPC. The Criminal Law Amendment Act, 2013 has substituted section 370 of IPC and

introduced section 370A to curb the offence of human trafficking with a wider meaning of human

trafficking including trafficking of a person for the purpose of prostitution or other forms of sexual

exploitation. We also have specialization i.e. The Immoral Traffic Prevention Act, 1956 to curb the

trafficking of a woman for the purpose of immoral sex.”8

Crimes relating to institution of marriage include mock marriage, bigamy, concealment of former

marriage, dishonest or fraudulent marriage, adultery, criminal elopement, hiding of HIV positive

status by either party at the time of marriage, cruelty to woman by her husband and relatives,

demanding of dowry, dowry death, etc. Mock marriage means to cause a woman to believe that

she is lawfully married to a man and having sexual intercourse with her under that belief where she

is not actually lawfully married to him. For this, Section 493 of IPC provides for imprisonment for

upto 10 years and fine. Bigamy means doing second marriage by a man already having a wife who

is alive and is punishable with imprisonment for upto 7 years and fine u/s 494 of IPC, subject to

some conditions. Concealment of former marriage is punishable with imprisonment for upto 10

years and fine u/s 495 of IPC. When a marriage is done under a ceremony knowing that it will not

be a lawful marriage, then it is punishable with imprisonment for upto 7 years and fine u/s 496 of

8 Law and Social Transformation in India, 2014 Malik & Rawal P. 110-113.

ISSN 2455-4782

51 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

IPC. Adultery, i.e., sexual intercourse of a man with wife of another without his consent, not

amounting to rape, is punishable u/s 497 of IPC with imprisonment for upto 5 years or fine or both.

Cruelty by husband and his relatives is punishable with imprisonment for upto 3 years and fine u/s

498A of IPC. Also, a separate act Prevention of Dowry Act, 1961 is there to prevent giving and

taking of dowry and its adverse effects on women. Tripple Talaq is not less than a crime. This is

related to muslim society. Just by saying words in front of wife, or even on phone or written or

electronic mode, husband can easily give divorse to his wife. This adversely affects the interests on

muslim women. However, the government has come with The Muslim Women (Protection of

Rights on Marriage) Bill, 2018 to save muslim ladies from Tripple Talaq, which has been passed

by Lok Sabha.

Further women are not treated equal to men in the society. Even after modernization of society, the

overall position of women in society is miserable. Even when women are holding highest positions

on one side, there are still large number of people who don’t want birth of a female child in their

home. So, there are a large number of cases of female foeticide and female infanticide. To curb this,

government has passed The Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of

Sex Selection) Act, 2002. Still a large number of cases are reported every year where diagnostic

centres are declaring the sex of the child before birth, just for their selfish interests. They charge

heavy fees for this illegal action of declaring sex before birth. Not only this, recently a case was

reported where a diagnostic centre was declaring every child to be female to such parents who

wanted to know the sex before birth, even some were male out of them, but they declared all to be

female and earned money for their abortion also. There are a large number of orthodox families

who still have preference of male child over female child. The female child is subjected to

malnutrition, illiteracy and poor health in such families. Child marriage is also a grave issue. A girl

married at age of a child, gets deprived of enjoying her childhood, her education, her growth and

development. When such a girl gives birth to a child, it is very harmful to her body and also the

body of the newly born baby. To curb such practices, government has passed Prohibition of Child

Marriage Act, 2006.

ISSN 2455-4782

52 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

Some other acts have been passed by the government to safeguard the interest of women. These

include The Immoral Traffic (Prevention) Act, 1956, The Indecent Representation of Women

(Prohibition) Act, 1986, Protection of Women from Domestic Violence Act, 2005, The Sexual

Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, The

Criminal Law (Amendment) Act, 2013 and various other laws.

Thus we see that there are a large number of legal provisions to protect women in India. But these

laws are neither properly implemented not strictly followed, due to which, the condition of women

is to poor and they are facing various crimes like cruelty, dowry, domestic violence, rape, crimes

relating to Institution of marriage, kidnapping and trafficking, sexual harassment, adultery, eve

teasing, child marriage, physical and mental torture, acid attack, honour killing, female foeticide

and various other crimes.

There are various reasons why women are still unable to get justice. The reasons to include, lack of

knowledge and awareness, fear of society, influence of family members, patriarchy system in

family, illiteracy and various other reasons. Women feel themselves unable to fight for their rights

due to physical, mental and financial weaknesses. “The trend of reported crimes against women is

shocking the nation. The government report of 2007 has revealed the fact that half of the cases are

not reported to the authorities. The trend reveals that crimes against women are constantly

increasing since 2003. It is observed that the police is not reporting some of the cases to show fewer

crimes on the record, or are counseling for compromise or settlement or just letting it go. In some

of the cases, experience of women while complaining to the police is very bitter.”9

Further the Judiciary System is quite complicated in your country and further weak especially

regarding cases related to crimes against women. “The backlog of cases reported as crimes against

women are pending 6 times more than the courts are completing work in a year and it increases in

compounding manner. Second issue is the composition and withdrawal of the cases from the court.

9 Law and Social Transformation in India, 2014 Malik & Rawal P. 113.

ISSN 2455-4782

53 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 5 ISSUE 5

Only few cases had been withdrawn from the list and the maximum of them are compounded with

or without permission of the court.”10

The government is doing much efforts for women empowerment, still the efforts are not much

fruitful. Therefore some more efforts are needed. There is a need of creating awareness in women

for their rights and the laws available to protect their rights. Firstly, the Judiciary should be made

easily approachable to women. Special Courts can be set up where only ladies can file suits.

Awareness programs should be started by the government where ladies can be provided knowledge

of the rights and related laws and can be motivated not to accept injustice. The courses of school

education can also be modified to provide knowledge in this regard. Justice delayed is justice

denied, therefore, a maximum time may be fixed for deciding cases related to women. Awareness

can also be created by television and newspaper advertisements. It is only when the women get

justice, then we can expect a better future of not only the women but of the whole country.

10 Law and Social Transformation in India, 2014 Malik & Rawal P. 116.