Legal Framework in the protection of women in India

Women in our country have faced a lot of challenges during the Medieval period. Campaigns from reformers and activities led to the promotion of equal rights and reduction of violence against women to reach a stage that every woman is independent to choose careers and work to survive. Emergence of numerous women empowerment groups to fight social injustices that inhibit women prosperity focused on fighting illiteracy, sexual harassment etc. Of late it is focused violence against women especially in sexual related crimes. They continue to face atrocities and violence as cases such as like rape, forced prostitution, dowry killings and brutality. Our societies continue to experience crime against women in India despite the efforts of the government using tough laws that prosecute men who attempt to rape women and criminalize offenses like stalking and voyeurism. For the first time during December 2012 after a gang rape and murder of a paramedic student in Delhi, there was a furious outrage, emotional outburst as the general public, both men and women demanded safety and protection of women in the country.

SAFEGUARDS TO WOMEN AND HER RIGHTS UNDER CONSTITUTION OF INDIA

Constitution of India contains specific articles for women which safeguards the Rights and Liberties of Women. Law Commission Report No.172 dated 25.03.2000 made recommendations to amend the law to widen the definition of rape and recommended that rape be substituted by sexual assault, Increasing the age of consent 16 to 18 years, Excluding sexual intercourse between a married couple from the definition of rape, where the wife's consent has not been obtained and the wife is at least 16 years of age and thereby The Criminal Law (Amendment) Act, 2013 or the Nirbhaya Act, was passed in Parliament to amend Section 375 of Indian Penal Code. A Brief on Constitution provisions is given as under:

Ministry of Women and Child Development functioning under Government of India is responsible for the following Implementation of-

(a) The Immoral Traffic (Prevention) Act, 1956 (as amended upto 1986);

(b) The Indecent Representation of Women (Prevention) Act, 1986 (60 of 1986);

(c) The Dowry Prohibition Act, 1961 (as amended upto 1986);

(d) The Commission of Sati (Prevention) Act, 1987 (3 of 1988), excluding the administration of criminal justice regarding offences under these Acts.

LAWS SPECIFICALLY ENACTED FOR WOMEN IN INDIA

1. Legal Practitioners (Women) Act, 1923
2. The Immoral Traffic (Prevention) Act, 1956
3. Maternity Benefit Act, 1961
4. Equal Remuneration Act, 1976
5. Dowry Prohibition Act, 1961
6. Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PNDT) amended in year 2003
7. Prohibition of Child Marriage Act, 2006
8. Crimes identified under IPC
9. Immoral Traffic (Prevention) Act, 1956
10. Dowry Prohibition Act, 1961
11. Indecent Representation of Women (Prohibition) Act, 1986
12. Commission of Sati (Prevention) Act, 1987
13. Protection of Women from Domestic Violence Act, 2005
14. Sexual Harassment of Women at Workplace (Prevention, Prohibition &Redressal) Act, 2013
15. Cyber Crimes/Information Technology Act (Women Centric Crimes)
16. Protection of Children from Sexual Violence Act (Girl Child Victims)

CRIMES AGAINST WOMEN

According to statistics from the National Crime Record Bureau the status of women has been relegated with secondary status within the community and households. Even the literacy level of women is only at 54%, compared to that of men which is at 76%..The Report from NCRB for the year 2018 states that there were 338941 crimes against women during the year 2016, 359849 during 2017 and 278277. These Crimes include: Murder with Rape/Gang Rape, Dowri Deaths (S.304B),Abetment to Suicide of Women (Sec. 305/306 IPC), Miscarriage (Sec.313 & 314 IPC), Acid Attack (Sec.326A IPC), Attempt to Acid Attack (Sec. 326B IPC), Cruelty by Husband or his relatives (Sec. 498 A IPC), Kidnapping & Abduction of Women(Sec.336), Kidnapping & Abduction in order to Murder (Sec. 364 IPC), Kidnapping for Ransom (Sec. 364A IPC), Kidnapping & Abduction of Women to compel her for marriage (Sec. 366 IPC), Procuration of Minor Girls (Sec. 366A IPC), Importation of Girls from Foreign Country (Sec. 366B IPC), Kidnapping and Abduction of Women – Others (Secs.363A, 365, 367, 368, 369 IPC), Human Trafficking (Sec. 370 & 370A IPC), Selling of Minor Girls (Sec. 372 IPC), Buying of Minor Girls (Sec. 373 IPC), Rape (Sec. 376 IPC), Attempt to Commit Rape (Sec. 376/511 IPC), Assault on Women with Intent to Outrage her Modesty (Sec. 354 IPC), Insult to the Modesty of Women (Sec. 509 IPC). The position as of 2018 is furnished as under:

CRIMES AGAINST WOMEN COMMITTED UNDER INDIAN PENAL CODE

The above data clearly suggests that there is adequate scope for improvement in the existing laws related to the safety of women in our country. Since there is a pendency percentage on Court's disposal is on the higher side there is a need to revisit all the procedures, rules and laws governing crimes against women.

NEED FOR EXPANSION OF LEGAL FRAMEWORK FOR WOMEN IN OUR COUNTRY

Though the Constitution hardly makes any mention about this aspect related to women the extant enactments have been proved inadequate to safeguard the rights and liberties of women in general hence, the scope for legal framework for Women needs to be enlarged to provide the following specific Rights and Obligations for the State to provide safety against the crimes committed to women on daily basis. It is briefed as under:

1. Right Against Violence & Sexual Exploitation Against Women.

All Crimes and atrocities against women occur only in their places of work and it leads to severe stress and imbalance on their minds and most of them are concealed since it would affect the morality and social standing of the affected. Her families too suffer huge harassment and moral setback in the society. The Culprits are let at large due to the complex legal redressal mechanism in place and even gain patronage and support of the elongated judicial process.Hence, there is a need to specific fundamental right under Part III of our Constitution.

2. Right to Speedy Justice to women affected by Violence and Sexual Crimes.

Special Tribunals (All-women including Bench and Bar) to adjudicate all offences against women through Fast Track Time Bound basis to ensure all cases should be adjudicated within a maximum time period of six months. State to set up dedicated All-women Courts to adjudicate family matters.

3. Duty of the State towards Women Empowerment and Protection

Directive Principle of the State Policy should provide a specific article to ensure that it is the duty of the State to protect against all crimes and ensure Women empowerment.

4. Women's Reservation

The Constitution (108th Amendment) Bill, 2008, was passed in the Parliament to propose amendment to the Constitution of Indian to reserve 33% of all seats in the Lower house of Parliament of India, the Lok Sabha, and in all state Legislative Assemblies for women. The seats were proposed to be reserved in rotation and would have been determined by draw of lots in such a way that a seat would be reserved only once in three consecutive general elections. The Upper House had passed the bill on 9 March 2010 but, the Lower House never voted on the bill as it is still pending and never went to the Lok Sabha.

5. Right for Timely and Free Maternity Care to all pregnant women

leading which would reduce maternal mortality rate and Infant mortality rate interventions in nutrition and healthcare, especially in rural areas. Hence a Specific Fundamental Right to provide Health & Maternity Care, Hygiene, etc should be guaranteed under the Constitution.

6. Right Against Obscenity and violence against women

Immoral and unjustified usage and projection of women in any form of Entertainment like Television, Cinema or Theatres for commercial purpose should be totally banned to ensure of protection of sanctity of women in the society as they are not looked upon as an object of sex, violence and amusement.