Tag: #crime against women

Important Constitutional Rights granted exclusively for women

These are some important rules that EVERY INDIAN must know!

Human’s rights are Woman’s rights and Woman’s rights are Human’s rights

Hillary Clinton

Legal provisions for women that everyone should know

We live in a world where gods and goddesses are worshipped and women are harassed, tortured, abused and abducted every single day. The Government of India confers important rights to Indian women, investigating cases related to many women. Unfortunately, many women in India are not aware of their rights which are provided in different Indian laws.

On the basis of gender equality, an Indian woman has 11 rights in India.

1. Women have a right to Zero FIR

A FIR that can be filed at any police station irrespective of the location where the incident occurred or a specific jurisdiction it comes under, the Zero FIR can later be transfered to the Police Station in whose jurisdiction the case falls under. This ruling was passed by the Supreme Court to save the victim’s time and prevent an offender from getting away scot-free.

2. Women have the right against being stalked

Section 354D of the IPC makes way for legal action to be taken against an offender if he/she follows a woman, tries to contact her to foster personal interaction repeatedly despite a clear indication of disinterest; or monitor the use by a woman of the internet, email or any other form of electronic communication.

3. Female sexual assault victims have the right to keep their identity anonymous

To ensure the protection of privacy of a woman, a woman who has been sexually assaulted may record her statement alone before the district magistrate when the case is under trial, or in the presence of a female police officer.

4. Women have the right against workplace harassment

The Sexual Harassment of Women at Workplace Act gives a female the right to file a complaint against any kind of sexual harassment at her place of work. Under this act, she can submit a written complaint to an Internal Complaints Committee (ICC) at a branch office within a period of 3 months.

5. Women have right not to be arrested at night

Unless there is an exceptional case on the orders of a first class magistrate, a woman cannot be arrested after sunset and before sunrise. In addition, the law also states that the police can interrogate a woman at her residence only in the presence of a woman constable and family members or friends.

6. Women have a right against domestic violence

Section 498 of the Indian Constitution looks to protect a wife, female live-in partner or a woman living in a household like a mother or a sister from domestic violence (including verbal, economic, emotional and sexual) by the hands of a husband, male live-in partner or relatives. The accused shall be punished with a non-bailable imprisonment for a term which may extend to three years and shall also be liable to fine.

7. Women have the right to get free legal aid

Under the Legal Services Authorities Act, female rape victims have the right to get free legal aid or help from the Legal Services Authority who has to arrange a lawyer for her.

8. Women have the right to equal pay

According to the provisions listed under the Equal Remuneration Act, one cannot be discriminated on the basis of sex when it comes to salary, pay or wages. Working women have the right to draw an equal salary, as compared to men.

9. Women have the right to dignity and decency

In an event of accused being a woman, any medical examination procedure on her must be performed by — or in the presence of another woman.

10. Women have the right against indecent representation

Depiction of a woman’s figure (her form or any body part) in any manner that is indecent, derogatory, or is likely to deprave, corrupt or injure the public morality or morals, is a punishable offence.

11. Women have the right to register virtual complaints

The law gives women the provision for filing virtual complaints via e-mail, or writing her complaint and sending it to a police station from a registered postal address. Further, the SHO (Station House Officer) has to a police constable to her place to record her complaint. This is in case a woman is not in a position to physically go to a police station and file a complaint.

It is high time Women become aware of their rights and Stand up strong! Rise up together against the injustices happening against Women!!

  • Source: India Today

References: India Today

A single touch amounts to sexual harrassmet ? POSH 2013 ( in brief )

What did this POSH Act refer to ? So it commonly referred to, an Indian law enactment with the objective of making workplaces safer for women by preventing, prohibiting and redressing acts of sexual harassment against them in the workplace.

Why this act was needed ?The need for such legislation was observed first time by the Supreme Court, in Vishaka v State of Rajasthan. Sexual harassment at a workplace is considered violation of women’s right to equality( article 14 and 15) , life ( article 21) and liberty ( article 19(1)g) . It creates an insecure and hostile work environment, which discourage women’s participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth. So there was much need for legislation against this sexual harassment at working place.

What is the objective behind POSH 2013 ? The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (“the Act”) was enacted with the objective to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matter connected therewith or incidental thereto , that was mentioned under section 2(o) of the act .

What is sexual harrassment? Section 2(n) discribe a sexual harassment as unwelcome acts or behavior (whether directly or by implication) namely, physical contact and advances, a demand or request for sexual favors, making sexually colored remarks, showing pornography, any other unwelcome physical, verbal or non-verbal conduct of sexual nature .

Can a touch to women amount to sexual harrament ?

a women can commit sexual harrassment on another women ?

So both the question were answered in Shanta Kumar vs CSIR , where Delhi high court held that “undoubtedly, physical contact or advances would constitute sexual harassment provided such physical contact is a part of the sexually determined behaviour. a physical contact which has no undertone of a sexual nature and is not occasioned by the gender of the complainant may not necessarily amount to sexual harassment.

What are the offensive circumstances in which sexual harassment is done ?

The Act also provides the circumstances under which an act may amount to sexual harassment under section 6(2) . These are:

(i) implied or explicit promise of preferential treatment in her employment; or

(ii) implied or explicit threat of detrimental treatment in her employment ; or

(iii) implied or explicit threat about her present or future employment status; or environment for her; or

(iv) interference with her work or creating an intimidating or offensive or hostile work

(v) humiliating treatment likely to affect her health or safety.

Where the problem would be redressed under POSH : so section 4 provides for setting up of Internal Complaints Committee at every office of the organisation or institution, having more than 10 employees, to hear and redress complaints pertaining to sexual harassment. Section 11 reads that , The committee has to complete the inquiry within a period of 90 days. As per section 12, The committee can give certain interim reliefs to the aggrieved woman during the pendency of the inquiry.

What if the complaint by said victim is Mala fide ? case of filing of false or malicious complaint or false evidence the committee may recommend to the employer or District Officer to take action in accordance with the provisions of service rules or where no such service rules exist, in such manner as prescribed in Rule 10 of the Rules

Is identity of a women victim disclose ? No according to section 16 of posh 2013 , There is a prohibition on publication of identity of the aggrieved woman, respondent, witnesses, contents of the complaint, inquiry proceedings or recommendations of the committee, except information regarding the justice secured to any victim of sexual harassment.

In last what would be the punishment for accused ? When the employer fails to constitute an Internal Committee or breaches provisions of this Act or any rules made thereunder, they shall be punishable with fine of fifty thousand rupees (INR 50,000).

A Survivor : The Story of Lakshmi Agarwal

She was just a 15 year old girl . A girl , full of life . But what happened to her .

It’s her story . A story of a survivor.

She was powerful not because she wasn’t scared but because she went on so strongly, despite the fear.”

– Atticus

At the age of 15 , when a girl or a boy makes happy memories and learn about life . She was attacked in the market full of people . She was attacked because she rejected an old jerk of 32 years old.

A 32 year old proposed a marriage proposal to a 15 year old girl , who lives near the neighborhood. She ignored and rejected him and he planned an acid attack .

Her name is Lakshmi Agarwal , she was attacked at the age of 15 in 2005 in New Delhi after rejecting the romantic advances of Naeem Khan . She didn’t inform anyone about the scenario because she believed her parents and society would have blamed her and stopped her study .

After 10 months , Lakshmi was in the market and Naeem asked her again through message about the marriage proposal but she didn’t respond . And in no time , Kamran (Naeem’s older brother ) and his girlfriend attacked her with acid . He was in the motorcycle and his girlfriend Rakhi threw acid on Lakshmi , when Kamran called her name and she looked behind for response.

She fainted on the road and when she regain consciousness she went middle of the road asked for help and met with multiple accidents but no one stopped to help her . She was burning in fire and her skin was melting.

A man named Arun Singh called PCR and told police about the situation . Someone threw water to help her but it turned out opposite and the acid burnt her neck . Arun think it might be late , so he helped her on the backseat of his car , later the seat cover turned into black hole due to the acid .

Arun admitted her in the hospital , called police and her family . Lakshmi went through many surgeries and operations including eye surgery. Four days later Naeem Khan got arrested but was bailed after a month later .

Protests and media attention.

After many protests and media attention Naeem got life imprisonment .

Lakshmi’s story was one of the series in the Hindustan Times. Lakshmi was scared after the attack because most of her face and body parts were not same as before . But she didn’t loose hope ,she fought for justice , asked for help for the victims of acid attacks and pleaded the law for the ban on sale of acid.

Meanwhile government failed to frame policies on acid sale and chemical attacks .

“ Seriousness is not seen on the part of the government in handling the issue,” the bench headed by Justice RM Lodha.

In 2013 , the plea of Agarwal was heard and later claims that “ Acid is freely available in shops. Our own volunteers have gone and purchased acid easily. In fact, I have myself purchased acid,” she said. “We have launched a new initiative called ‘Shoot Acid’.

After , the law passed by Supreme court . Lakshmi founded NGO named Chhanv Foundation to help acid attack survivors in India.

In 2019, she was honored with the International Women Empowerment Award from the Ministry of Women and Child Development, the Ministry of Drinking Water and Sanitation and UNICEF for her campaign of Stop Acid Sale. In 2014, she received the International Women of Courage award at the hands of First Lady Michelle Obama.

And the movie Chhapaak is based on her life and stars Deepika Padukone in her role.

“And one day she discovered that she was fierce, and strong, and full of fire, and that not even she could hold herself back because her passion burned brighter than her fears.”

– Mark Anthony

Link

Female Foeticide

The term Female Foeticide means killing the FOETUS in the mother’s womb. It happens before taking birth, after the sex recognition tests like an ultrasound scan. The practice of any sex determination is prohibited or illegal in India. It is an awful practice or shamed those parents who were abortion the girl child. It unbalanced the sex ratio of a particular state or country.

NO PRESENT, NO PAST, NO FUTURE WITHOUT GIRL CHILD

Female foeticide is unethical & illegal practice in India. It is a practice by the families who are despairing for a baby boy.

One of the many reasons behind this is the regressive thinking of the people that the son will earn while the girls will only consume.

It has been the most important topic for social awareness in Indian society. Which youth of our country must know about it. We must empower our young girls to emphasize their rights diligently.

In India, the girl is worshipped as ‘Devi’ on the other hand, denying her existence, or we can say they don’t have the right to live. The time has perhaps come to get rid of male chauvinism and treat children as a gift of nature.

Some main reasons for female foeticide are:

  • A major social evil of dowry makes people commit to this crime. There is a long practice of dowry burdens the parents from the day a girl is born.
  • This is a pride issue in society for the guardian to have a boy in the family.
  • There is a stress on women of the family to give birth to a male child, so she is forced to go for sex recognition and abort if the baby is a girl.
  • Some doctors do this heinous act for money.
  • Women are viewed as liabilities.
  • Illiteracy, insecurity, and poverty in society are significant reasons for this act.

The The government made many slogans to stop female foeticide like:-

  • Save the girl save the nation!
  • Beti Bachao Beti padho!
  • Our daughter is a knot that ties the family together!
  • Female foeticide is a crime.
  • When a fetus of a female is killed, it is anti-life; stop female foeticide!
  • Say no to female foeticide!

Narrow minded people want a bride for their son but kills their own daughter. What do they expect? If everyone starts thinking like them. These criminals don’t deserve a life

It is said that God creates mothers because he couldn’t present everywhere. But it is unbelievable to realise God’s representative is continuously killing someone beautiful even before she comes out and see the beauty of nature.

The practice of female foeticide is vital in the early of 1990’s when the Ultrasound technique was invented to check the health of the baby inside the mother’s womb, especially knowing the genetic disorder, and this technique was being used for this crime. The misconceptions of Indian patriarchal society have a male child, particularly in the family. This leads to the enhancement of this crime.

Some adverse effects of this practice are shown as;

  1. Decrease the female’s population, which imbalance the sex ratio.
  2. Women are abused and sexually exploited in the society.
  3. It Leads to women trafficking.
  4. Also, adverse effects on women’s health physically, mentally, and emotionally.
  5. The suicide rate in women will increase.
  6. Due to a decline in sex ratio, women are kidnapped, brought, and sold for marriage.

The most preventive act against this crime is The PARENTAL DIAGNOSTIC TEST Act (PNDT Act) of 1994, which states that:-

  1. This act was brought in the year 1994 in all states of India but came into force in 1996.
  2. According to this act, prenatal diagnostic techniques are prohibited and regulated.
  3. PNDT Act was amended in the year 2003 with its main aim to ban the use of sex selection techniques as well as misuse of prenatal diagnostic techniques for sex selecting abortion

Only legislation enacted in this behalf is not sufficient. Orthodox views regarding women must need to be changed. The PNDT act should penalize and punish the violators for this crime strictly. The destructive act of female foeticide and coercive abortions has to end before women become endangered species. We must give equal opportunities to the daughters of our country. Girls do not have equal access to healthcare education and more as their boys counterpart. This is why parents consider them a burden. Therefore, all these facilities must be made accessible to them for the same. This will help them create an identity of their own.

A society that can breach the stereotype in India .

I never feel confined by gender, by labels, by expectations, by stereotypes. I’m free to be myself.

Princess Nokia

Introduction

During the last two decades it is said that to be a women is the most precious gift a human can have . To be able to give birth to another human being that lives inside precisely 9 months at most .

But their is another dispute that a women can only be a insider . That can fulfill the needs of the dominant society.

Isn’t these two statements are contradictory. In first one a women is a precious gift and in another she can only fullfill one’s needs but only in four walls .

Aren’t they human or a thing that can only live under the roof of men for living ?

Women have always played an important role in the society . Even in the ancient times , they were considered as an equal with the men . So what change , the air , the water , the life style or the mindset . We can also say that the stereotype mindset in society .

Years and years before people grew their ego and think about their individual benefits. Women lead life with virtue , wisdom and respect .

When it start

It was all not same as it was now , their were times when women rule the nation . But due to the foreign invasion , women suffer immensely . At the mediaeval times , women came to be confined within the four walls of the house .

Mediaeval period also known as ‘DARK AGE ‘ as very few women’s were found to be a ruler at that period . It was the period when women brought to the deeds where they made to be inferior to men .

They were raped and brutally killed by the demons who think they can dominate them .

Rani Padmavati, Jodha Bai, Gulbadan Begum, Nurjahan, Jahan Ara , Mumtaj Mahal, Razia Sultan , Jija Bai are some of the women who fought for their right , safety , people , family and love also saved many .

“And one day she discovered that she was fierce, and strong, and full of fire, and that not even she could hold herself back because her passion burned brighter than her fears.”

– Mark Anthony

Modern era

It’s a century of love , reliability , equality and most important individuality .

Then why women are always compared to the men . Why they questioned when they are innocent . ( Well not all are innocent and victim , just for those who are ) .

I do believe that men and women are different . Their differences doesn’t make them weak . It’s just a perspective and view of people that make them vulnerable .

But do women care , it’s their own life not to say that anyone means ANYONE can come and stamp their ‘so called ’ rules on them . Not against the male gender but to those who think they can dominate and lock them in four walls .

Not to say, if women lock men in four wall room . So what will happen to them . Umm. Let’s think , they run like a horse at the time when the room unlocked .

If OJO -MOJO can’t stay in their rooms can’t OLLE do the same . Yes she can , also kick their humpy dumpy bum.

Let’s end the topic and eat some more . It’s a 21st century donot let someone walk on you , you can stand for yourself .

“Don’t let anyone speak for you, and don’t rely on others to fight for you.”

– Michelle Obama

This editorial is written under one’s perspective . Neither against any gender nor in favour .

DOMESTIC VIOLENCE-Suffering in silence

• Domestic violence in India between the period January and May, 2021.

National Commission for Women

• Recommendations – Committee on the Status
of Women in India.

• National Commission for Women – statutory
body in January 1992.

• National Commission for Women Act of 1990.
• Mission – To enable women to achieve equality
and equal participation in all spheres of life.
 Securing due rights and entitlements
 Suitable policy formulation, legislative measures,
effective law enforcement and scheme implementation. • Commission – solves specific problems arising out of discrimination and atrocities against women.

• Composition – Chairperson, member secretary and
five other members.

• At least one Member each shall be from among persons belonging to the Scheduled Castes and Scheduled Tribes respectively.

Data point

• About 2300 domestic violence complaints were
filed with the National Commission for Women.

• Time span of January and May 2021.

• The highest estimation since 2000.
• Total complaints recorded against the number of complaints received per one million women.
 Most complaints – Uttar Pradesh
 Highest complaint rate – Delhi
 Kerala stands at the lowest

• Response of the victims.

• National Family Health Survey – About 70% of
Women who were victims belonging to major states
failed to inform anyone about it.

• Only a very few approached the right authorities.