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Crimes against women under Indian Penal Code, 1860

In the current situation, the violence and the increasing crimes against women is seen by everybody over the world in some or the other way. It shows the tremendousness and meditation of the monster executed against ladies as of late. The worldwide campaign for the destruction of violence against women is a proof to this reality.

The rapid change of lifestyle, social ethos and economic standards have caused imbalance in the society and the outlook towards women is vicious and women are assumed to be the weaker one and this leads to the increasing number of crimes against women. In addition, such occurrences involve grave concern and its structure is totally fundamental so the ladies of India could live with deference, honour, pride, freedom and harmony in an environment liberated from abominations, denigration and appalling violations.

There are numerous legal provisions which punish the guilty parties committing offenses against ladies. The Indian Penal Code however, gives provisions to ladies as a victim of numerous wrongdoings, for example, murder, burglary, robbery, and so on yet there are sure violations which are oppositely characterized against the ladies known as Offenses Against Women.

A woman is subjected to crimes right from her birth or even before that in form of female foeticide. The National Crimes Record Bureau shows that 46 per 1,000,000 women are subjected to crime in one form or the other. The report also states that only 1% women report it and the rest gets veiled under social threat and ignorance. In India, majority of women are not aware of their rights and the remedies that law has given in case of violation of these rights. The Indian Penal Code, 1860 recognises various crimes against women and stricter punishments have been levied on them in the recent years.
  1. Sexual Harassment of Women at workplace

    Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was passed with the aim of giving insurance to the ladies at work environment. Lewd behaviour is the point at which one individual subjects someone else to an unwanted demonstration of physical closeness like snatching, brushing, contacting, squeezing, eve prodding, makes an unwanted interest or solicitation legitimately or by suggestion for sexual courtesies from someone else, shows an individual any explicitly unequivocal visual material, as pictures/kid's shows/dream boats/schedules/screensaver rendition PCs/any hostile composed material/obscene messages or some other type of unwanted lead of a sexual sort, eve prodding, jokes liable to cause cumbersomeness or shame, allusions, chauvinist remarks. This resolution supplanted the Vishakha Guidelines for anticipation of lewd behaviour presented by the Supreme Court of India. Each business is needed to comprise an Internal Complaints Committee at every office or branch with at least 10 employees. The Act covers understudies in schools and universities just as patients in medical clinics, managers and neighbourhood specialists should set up complaint councils to examine all complaints. Any victim may record a grumbling recorded as a hard copy to the Internal board/Local Committee inside 3 months from the date of occurrence or the date of the last episode in the event of a progression of episodes. The victim can lodge complaint with Police under Indian Penal Code 1860 under Sections 294,354, 354A, 509
     
  2. Acid Attack

    Acid throwing, likewise called an acid attack is a type of rough attack characterized as the demonstration of tossing corrosive or an also destructive substance onto the body of another with the aim to distort, debilitate, torment, or execute. Culprits of these assaults throw corrosive at their bodies, generally at their faces, consuming them, and harming skin tissue, regularly uncovering and now and again dissolving the bones. The long haul outcomes of these assaults may incorporate visual impairment, just as lasting scarring of the face and body, alongside broad social, mental, and monetary troubles. Area 326A and Section 326B of the Indian Penal Code, 1860 give the discipline to deliberately causing horrifying hurt by utilization of corrosive and intentional tossing or endeavouring to toss corrosive separately.
     
  3. Rape

    Rape is the most inhuman and serious crime against women. It is the fourth most common crime in India. Section 375 of IPC deals with rape and characterizes assault as 'sex with a lady without wanting to, without her assent, by intimidation, distortion or misrepresentation or when she has been inebriated or duped, or is of weak psychological well-being and regardless in the event that she is under 18 years old. In simpler words, the offense of rape is the ravishment of a lady, without her assent, forcibly, misrepresentation or dread. All in all, it is the coitus (entrance of any of the smallest level of the male organ of proliferation) of any lady forcibly without wanting to. It is an unpalatable demonstration of furthest extent which disregards the privilege to protection and sacredness of a female. Aside from being a dehumanizing and debased act, it is additionally an unlawful impedance in the individual existence of a lady which is an extraordinary blow on the honour, respect, notoriety and confidence of a lady. This ridiculous wrongdoing makes physical injury the casualty as well as embarrasses, corrupts and leaves a scar on respect of the lady.
     
  4. Domestic Violence

    Domestic Violence is said to be there where one grown-up seeing someone power so as to oppress another. It is the foundation of dread in a relationship through brutality that incorporates different types of misuse. The viciousness may include maltreatment, rape and dangers. Now and again it very well may be more unpretentious, for example, causing somebody to feel useless, not letting them have any cash, or not permitting them to leave the marital home. A plea can be documented to the Magistrate under Section 12 of the Domestic Violence Act, 2005. Requests, for be passed by the Magistrate. Objection can likewise be documented under Section 498A for mercilessness by spouse or his family members alongside interest for dowry. The words "shared family unit" were considered by Supreme court in SR Batra v Taruna Batra AIR 2007 SC 1088, to mean house having a place with or taken on lease by husband or house which has a place with joint group of which husband is a part. If it is select property of relative, it can't be known as a joint family property. A wife can't guarantee and isn't qualified for remain in her dad in law's home utilizing the Domestic Violence Act-It was held by the Delhi Court in Sudha Mishra v. Surya Chandra Mishra RFA 299/2014.
     
  5. Dowry Demand

    To diminish the developing occurrences of dowry torture and death, another Section was consolidated into Indian Penal Code, that is, Section 498A. According to this Section, whoever being spouse or relative of husband of a lady, subjects her to mercilessness will be rebuffed with detainment for a term which may stretch out to three years and fine. Savagery in this implies any unyielding behaviour that is probably going to drive a lady to end it all or to make grave injury or risk her life, appendage or wellbeing of the lady or provocation to constrain her to fulfil any unlawful need for any property or security or on inability to satisfy the need. Afterward, Section 198A was added to the Criminal Procedure Code in 1983. In 2005, the Protection of Women from Domestic Violence Act was passed, which added to shield ladies from endowment provocation. Segment 304B was added to the Indian Penal Code, 1860, which made endowment passing a particular offense culpable with a base sentence of detainment for a very long time and a most extreme detainment for life. Further, under Section 4 of the Dowry Prohibition Act, 1961 an interest for Dowry is an offense wherein request is made at the hour of or even after marriage even where no pitilessness is included.
     
  6. Obscenity and Pornography

    Erotic entertainment is printed or visual material containing the unequivocal depiction or show of sexual organs or action, expected to animate sexual fervour or appears to be lascivious from a mindful reader viewpoint. Expanded utilization of data innovation, for example, Internet and specialized gadgets has prompted expansion of illicit sites containing profane and explicit materials. Obscenity and sexual entertainment have not been explicitly characterized under any Act in India yet the Indian laws manage vulgarity and sexual entertainment and make distributing or transmission, offer of disgusting and obscene materials as culpable offenses under different provisions
     
  7. Voyeurism (Section 354C)

    This offense appeared after Delhi 2012 rape case. It is referenced under Section 354C, IPC. The word 'voyeurism' signifies mollification got from watching the genital or sexual demonstrations of others generally secretly. This arrangement is separated in two unique parts. Initially, when an individual watches or catches picture of a lady participating in some private demonstration and furthermore, when the individual scatter or spread such picture.

    The primary offense is culpable with detainment of at the very least one year which may expand up to 3 years with fine. The subsequent offense is culpable with detainment of at the very least three years which may broaden up to seven years with fine.
     
  8. Stalking

    Section 354D, IPC discusses The term 'following' which for the most part implies the demonstration of following or attempting to contact notwithstanding lack of engagement of lady. This segment contains two offenses.

    For the main convict, punishment is detainment for a term which may reach out to 3 years with fine. The discipline for second conviction may stretch out as long as 5 years of detainment with fine.[2]
     
  9. Disrobing a woman

    Under Section 354B punishes the offense of attacking or utilizing power to a lady or abetting any such demonstration with an expectation to strip or urge her to be bare, with a discipline of at least 3 years which may stretch out to 7 years with a fine. It is a sex explicit offense for example just a man can be rebuffed under this segment.
     
  10. Insulting or Disrupting the Modesty of a Women

    A demonstration which is finished proposing to affront the humility of lady which may not really include any physical power is brought under the shade of this arrangement through Section 509. This segment plans to discourage any sort of animosity into a lady's humility whether by any word, signal or act or by interrupting the security of such lady.
Any individual who submits an offense under Section 509[3] will be rebuffed with basic detainment for a term which may reach out to 3 years with fine.

Conclusion
India, a country where women were worshiped as goddess are today helpless and considered weak. The patriarchy has established that women are inferior to men and are reduced to mere objects of pleasure and satisfaction.[4]

Despite these legal provisions and punishments, India has still unable to stop the violence against women. Women face these crimes in all stages and in all walks of life. Rape has become a major concern in India due to increasing number of the crime. Stalking and revenge pornography are at a high between the young adults. From the above facts and figures, we can get a rough idea that mentality of the society need a revolution than any law or statute.

Sex education in schools, literacy among females, spreading awareness among people and a full stop to the patriarchy is the solution for these crimes. Apart from that, reporting of cases should be encouraged and the cases should be decided within a stipulated period of time as delay justice is no justice. The legislation also needs to step up and amend the laws and serious punishment should be given to the criminals. Marital rape should be criminalised as many criminals roam free under the veil of marriage.

The Indian Penal Code includes various crimes against women but there is a need to add a few. Separate courts should be established for these crimes to ensure timely judgement and specialization in dealing such sensitive cases. Its high time to take action and safeguard the women of our country because where women are ill-treated, prosperity never comes there.

We need to relearn the values and ideas which our history teaches us through the great Indian texts. Women were treated as goddesses in ancient India and now we need to restore that lost culture. This dream can be fulfilled by educating people and changing the pattern of upbringing in our society. It’s time to grasp the light of knowledge and awareness and let go of our conditioned mind-set towards women.  It’s time to give women their share of freedom.

End-Notes:
  1. Crimes against women, http://www.womenlawsindia.com/legal-awareness/crimes-against-women/ - Section 6 of the Indecent Representation of Women (Prohibition) Act, 1986[1]
  2. Diva Rai, Offences against Women (2019), https://blog.ipleaders.in/offences-against-women/
  3. Indian penal code,1860
  4. Mishra SN, ‘Indian Penal Code’, Central Law Publications: Allahabad; 2006.

Award Winning Article Is Written By: Ms.Ananya Hati
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