The concept that “women is as much a human being as man and thus entitled to the same freedom, rights and responsibilities” is yet to find universal acceptance in spite of the unequivocal assertion. Women have complete and equal rights with men in every respect as resolved by the International Bill of Human Rights [1]. Nowhere in the history of mankind, were men and women ever treated alike and assigned equal statuses. Women had never lived a life at par with men Women, who comprise 50% of the population in any society, have never enjoyed equal status with men. They are always subjected to inequality, discrimination and exploitation. In one society their position may have been better than their female counterparts in some other societies but in every society, they are always subjected to certain degree of inequality, discrimination and exploitation. The nature, intensity and forms of harassment faced by women may differ from society to society or from community to community and it undergoes changes with the passage of time, keeping in pace with the changes in the society as a whole. In spite of being the largest democratic country in the world, the status of women in India is considerably low comparing with other developed nations. Even after independence, in spite of the legislative measures adopted in favour of women in our society, spread of education, women gradual economic independence and most of all, the constitutional provisions of equality, rights and freedom to every citizen, countless women continued to suffer discrimination, harassment and different types of violence.

Objectives

• To identify the various kinds of violence against women

• To know the need to protect women and prevent violence against women

• To offer useful suggestions in the light of findings

The paper is descriptive in nature. It is based on the secondary resources available in documents, research, books, internet, onference papers, encyclopedias, Handbooks, Literature reviews, Archived materials and manuals etc.

Women Discrimination on the Basis of Gender

Though the terms gender and sex are often used interchangeably, they are not the same concepts. According to N. J. Smelser [2] on the basis of sex, every human society is divided into community of men and women which contributes to development of gender identity. Through the process of socialization, human beings learned this gender-identity since a very early age.

Society forms ‘gender Ideals’ (how a society expect a person to behave according to sex). Gender ideals give birth to the concept of ‘sex roles’ which implies the division of labor, rights and responsibilities according to sex. So, with the exception of sexual differentiation which is biological, gender identity, gender ideals and sex roles are all socially constructed. So, the concept of ‘gender’ is socially constructed and comprises the roles, rights and obligations that are attached to men and women on the basis of their sex.

Unfortunately, gender discrimination is practiced in almost all societies with differential degrees of intensity. In some society or community, it is very much pronounced in all aspects of social lives. 

In India, gender discrimination started even before a girl child is born and she continued to suffer several types of discrimination in every level of her life, be in childhood, adolescence, womanhood and old age. In India, gender bias is a cultural heritage, it has imbibed in the minds of the people so deeply so that even after 70 years of independence, and after the implementation of the Constitution which provides equality and freedom to each and every citizen, gender biasness still plays a crucial role in our everyday life. In majority of Indian families, male children are preferred over female children. Unfortunately, India is among the very few countries with an adverse sex ratio. In view of the 2011 census, the sex ratio was 943, which showed that there were substantial deficits in the number of women. This could be attributed to early marriage and pregnancy, debarring from sexual and reproductive rights which caused excessive maternal mortality, female infanticides and female foeticide [3]. Female infanticide is popularly practiced in India particularly in the Hindu Community. Apart from killing fetus through abortion and choking them to death at the time of birth, female infanticide takes several forms abstaining them from adequate breastfeeding and early weaning, delayed or insufficient medical care, or lack of proper attention, emotional deprivation. All these have been documented as leading to excess mortality rate in female children [4]. 

Violence against Women

One of the most widely accepted definitions of violence against women have been framed by the United Nations. Article 1 of the UN Declaration on Elimination of Violence against Women which defines it as- “Any act of gender based violence that results in, or is likely to result in physical, sexual or psychological harm to suffering to women, including threats of such acts, coercion ,arbitrary deprivations of liberty, whether occurring in public or private life’, Article 2 of the UN Declaration clarifies and lists some forms of violence as, “Violence against women should encompass, but not limited to - acts of physical, sexual and psychological violence in the family and the community. These acts include battering, sexual abuse of female children, dowry related violence, marital rape and traditional practices harmful to women, female genital mutilation. They also include non-spousal violence, sexual harassment and intimidation at work and in educational institutions, trafficking of women, forced prostitution, and violence perpetrated or condoned by the state, such as rapes in war.” [5] (Table 1).

Table 1: The Cases of Criminal Violence Against Women in India

Source: (ncrb.gov.in Visited on 12.8.2021) [6]

The Police Research Bureau, Delhi has referred to “Crime against Women” under two categories:

• Crimes under the Indian Penal Code: Rape, kidnapping and Abduction, homicide for dowry, torture (physical and mental), molestation and eve-teasing and importation of girls upto 21 years of age, and

• Crimes under the Local and Special Laws: Commission of sati, dowry prohibition, immoral traffic and indecent representation of women [6].

Number of cases reported in the last 5 years (2016-2020) indicate that crimes against women have been constantly increasing every year with the exception of 2020

Among states and Union territories, with 49,385 number of reported cases, Uttar Pradesh topped the list followed by West Bengal (36,439), Rajasthan (34,535), Maharashtra (31,954) and Madhya Pradesh (25,640) [6].

Major Types of Criminal Violence Committed against Women in India

Sexual Violence

By saying sexual violence, it can take a number of forms- eve teasing, molestation, rape- within and outside marriage, sexual harassment in the work place and child sexual abuse. Sexual violence can happen anywhere and could be perpetrated by strangers, collogues, employers or family members.

Rape

Rape is one of the most heinous crimes commited against women. Criminal Law (Amendment) Act, 2013 defines rape as “oral sex as well as insertion of an object or any other body part (penile and non-penile) into a woman’s vagina, urethra or anus by a man, without the consent of the woman” (Table 2). 

Table 2: No of Reported Rape Case in India (NCRB)

Source: (ncrb.gov.in Visited on 12.8.2021) [6]

In 2020, there were 28046 incidents of rape involving 28,153 victims. Out of the total victims, 25498 were adults while 2655 were below the age of 18 years as the report stated. Taking into account, the number of rape cases in India, between 2016 and 2020, it may be said that there are 90 rapes per day.

Age wise, the percentage of victims of rape is highest in the age group of 18 to 30 years (42.1%) while victim below 12 years account for 5.4%, victims between 12 to 18 years account for 37.8%, and victims above 30 accounts for 14.7%.

NCRB reports (2016 – 2020), reveal the following important characteristics of rape committed against women - rape does not always occur between total strangers- 94.6% of rape victims know their assailants. A high percentage of rapes were single rapes (involving only one offender) out of 36770 rape cases, only 2177 rape cases were gang rape [6]. Most of the rapes are situational. Rape does not always involve physical violence or brutality, that is, in large number of cases, only temptation or verbal coercion or threats are used to subdue the victims. Studies have revealed that the age group of 15-20 years has the highest rate among the victim. Studies indicate that most sexual assaults occur at home and the largest percentage of these incidences occur at the victim’s home at day time.

Even though marital rape is not widely accepted as a criminal violence by communities and law in India, it is experienced by a number of women within the four walls of their home. They endure this torture and harassment silently. According to the Report of National Family Health Survey 5 (NFHS-5), out of 4,169 women respondents who are or used to be married and have experienced sexual violence, 82 percent said that the perpetrator was their husbands, a large majority 84 percent of them said that their husbands physically forced them to have sexual intercopurse even when she did not want to. Even though this is similar to the IPC's definition of rape, the saddest part is, the survey further says that only 14% of the victims sought legal help and 77% never sought help or never told anyone about the violence they experienced. 

Another common form of sexual violence against women is sexual harassment in the work place. Sexual harassment, as defined by the Criminal Law Amendment Act of 2013, "Any unwelcomed physical contact and advances, demand and request for sexual favors, sexually coloured remarks, displays of pornography and any other unwelcomed physical, verbal or non-verbal conduct of sexual nature” (IPC Section 354A).

The perpetrators could be co-workers, employers, managers, supervisors’ clients or frequent visitors in case of sexual harasment at their work place. A research study on "The nature, incidence, extent and impact of sexual harrasment of women at work place in Maharastra," was conducted in February 2004, which was later on submitted to the Department of Women and Child Development, Ministry of Human Resource Development. This study revealed that out of 600 respondents from organised and unorganised sectors, 224(37%) were victims of sexual harassment at work place. The report revealed that a very large number of the respondents (499/600) had no knowledge of Supreme Court Ruling of Sexual harassment at work place.

The Study showed that about 41% filed complain to higher authorities against the pepetrators, while the remaining victims of around 59% did not lodge a complaint on various grounds like, fear of humiliation (30%), fear of taunting by co-workers (32%), fear of difficulties in marital life (9%), further threatening consequences at work, having no faith on the authorities' verdict upon the complaint and other reasons. All these reasons forced the victims to resort to silence. This survey also found that women in the unorganized sector were more vulnerable to sexual harassment than in organized sectors. 

Kidnapping and Abduction

Kidnapping is taking away or enticing of a minor (female of less than 18 years and male of less than 16 years of age) without the consent of the lawful guardian. Abduction is forcibly, fraudulently or deceitfully taking away of women with ill intentions (seducing her to illicit sex or compelling her to marry a person against her will). In kidnapping, the victim’s consent is immaterial but in abduction, the victim’s voluntary consent condones the crime (Section 359 to 374 of IPC).

Taking advantage of their tender age and ignorance, thousands of minors and women are kidnapped or abducted every year. The victims are exploited and are forced to perform dreadful acts. This kind of offences put a challenge on the human rights of the citizens provided by the Indian constitution, and must not be ignored.

Since 2016, more than 60,000 kidnapping and abduction cases have come up in India every year and the number of the cases reported keep on increasing. Approximately, 185 girls and women are being kidnapped/abducted every day. NCRB Reports [6] reveal that about 43% of the victims were kidnapped and abducted in order to compel them for marriage, whereas 39.6% were to perform horrendous acts, 0.98% were put under unspecified other reasons, and about 0.17% and 0.12% of the victims were being kidnapped and abducted for murder and ransom respectively. Taking into account of the report, the main characteristics of this kind of offense could be summed up as- unmarried and young girls/women are more prone to abduction and kidnapping. In majority of the incidences, the abductors and the victims have known each other. Marriage and sex play a crucial role in most of the cases. In most of the cases, only single person is involved. Lack of guidance, disturbing family environment and parental control are crucial factors felicitating the incidents. Many times, girls willingly eloped with their lovers and later, they claimed to have been abducted by their lover, when they are in fear or under pressure of their family [3] (Table 3).

Table 3: Kidnapping and Abduction

Source: (ncrb.gov.in: Visited on 15.8.2021) [6]

Dowry Death

The most horrible and dreadful violence committed against women in India is Dowry death. Various forms of violence are attributed to Dowry system. The brides who fail to bring dowry or bring less dowry are subjected to different kinds of violence – verbal abuse, imposition of heavy work, negligence, severe physical harassment, murder or putting them to extreme torture compel them to commit suicide.

Though the Dowry Prohibition Act was passed in 1961 and later amended in 1986 to make the punishment more severe, the number of the case registered increases drastically every year. India reports the highest total number of dowry deaths with 8,391 cases in 2010, However, at the modest estimation, around 7000 women lost their lives due to non-payment or partial payment of dowry every year, which means, in average, around 19 young brides are put to death every day in the country [6].

Studies have shown that the young brides belonging to the age group of 21 to 24 are most susceptible to the offence. They are generally physically, socially and emotionally immature which make them vulnerable. It is rather upper caste phenomenon than a problem pertaining to the lower caste. The saddest part of the dowry death is that, most of the incidents take place in the husband’s house and with the involvement of the family members, but the courts very often admit that they could hardly convict the accused due to lack of suitable evidence [3].

Domestic Violence

Domestic violence refers to any act of violence committed in the house. Mostly, domestic violence occurs between persons who share intimate relationship such as, marriage, cohabitation or a familial relationship. Domestic violence includes physical abuse – hitting, kicking, slapping, burning, and using objects to cause injury, control over reproductive rights and health, emotional and sexual abuse, and verbal and economic abuse.

Perpetrators are generally close relatives of the women- father, husband and his family and sometimes even the son (Table 4). 

Table 4: No. Of Cases Reported on Domestic Violence/ Cruelty of Husband or His Relatives

Source: (ncrb.gov.in Visited on 17.8.2021) [6]

Cruelty of a husband or his relatives comprises the highest percentage of crime against women in India. It is estimated that every 5 minutes, cruelty on woman is committed by either husband or a relative of the husband. From 2018 to 2019 according to NCRB report, there was a 9.6% increase in domestic violence. Harassment for dowry, other than various foctors, is one of the most important causes of domestic violence.

The high level of acceptance of wife beating revealed that women feel powerless and accept violence resulting from their gender-based roles without question. Under such circumstances, it becomes even more difficult to estimate the actual prevalence of domestic violence.

Domestic Violence is also referred to as a silent crime because of women hardly speak about and make complaint to authority about the violence inflicted on them due to shame, fear of further abuse and acceptance as fate, fear of being socially stigmatized, etc.

Indian society is still very much influenced by gender norms which hold a strong notion that men have the right to control their wives behavior and condone or justify violence if necessary to establish men's authority over women to discipline them. If a man perceives that his wife has somehow failed in her role, stepped beyond the prescribed boundary, or challenge his rights, then he is justified in reacting violently. According to the survey report of NFHS-5, 45% percent of women and 44 % of men accepted that a husband is justified in beating his wife in at least one of seven specified circumstances - if she shows disrespect for her in-laws (32% and 31%, respectively), if she refuses to have sex with him (11% and 10%, respectively), goes out without telling him (19% and 15% respectively), does not cook food properly (14% and 10% respectively), does not look after house and children properly (20% and 22% respectively), argues with him (22% and 20% respectively) and suspects unfaithful to him (20% and 23% respectively). The Report shows that in women also accept and justify the violence inflicted on them, that even in some cases they score higher pecentages in acceptance. “As a result of conditioning and internalizing gender norms and roles instilled in them since childhood, some women also justify abusive acts committed against them and accept it as a part of their life”. (Muttreja)The high level of acceptance of wife beating revealed that women feel powerless and accept violence resulting from their gender-based roles without question. Under such circumstances, it becomes even more difficult to estimate the actual prevalence of domestic violence.

Violence against Women with Special Reference to Mizoram

Violence against women is the major social evil which could be found in almost every society but the intensity and prevalence could differ from society to society. The Mizo society is no exception, where Violence against women and gender discrimination in many forms could be found. But unlike most of the states of India, heinous crimes committed against women like, dowry system and dowry death, acid throwing, female infanticide and foeticide are not known. However, kidnapping and abduction, forced prostitutions are frquent news in the newspapers. Wife battering and domestic violence are almost everyday incidents [4] (Table 5).

Table 5: Report of Women Helpline Mizoram, Women and Child Development Government of Mizoram

Domestic Violence

Women suffer all types of violence at home. It coud be in a form of verbal, physical, emotional and economical. She endures all kinds of verbal abuse- blaming, accusation, threatening, critical comments, slander and all the others, while she is not supposed to give back reply. If the wife or daughter gives back the reply to angry husband or elder brother, she will be beaten or kicked out from the house and all the others - relatives or neighbors will side with the abuser and justify his actions as they woud consider that she had gone beyond gender stereotyped formed by the particular society (Table 5).

Wife beating is another common form of violence committed againt women in the society. Even today Mizo society is still very traditional to a great extent that the mindset, beliefs, attitudes and values of the society are very much shaped and influenced by the old tradition, culture, custom and practices. There are many old sayings which could be considered as encouraging and justifying violence against women - "A Wallnut tree and a bad wife, the more you beat them, the better they become."

"The uncontrolled women and the untended weeds become more and more stubborn and aggressive." 

"One should not interfere when there is quarrel between husband and wife." So, from the point of traditional influence, beating wife or daughters is not a big deal, so long as they can claim it as a means of controlling and disciplining them no matter what would be the actual underlying reasons. On the other hand, according to Mizo tradition, that even though an ordinary beating or physical attacking of the wife by her husband is no offence, yet if he beats her so severely to the extent of unbearable agony and that the woman ran out of the house seeking help from next door, it is obligatory for the neighbor to intervene and save the woman. He could counter attack the husband to save the woman in any suitable ways which would not be considered as an offence [7]. Other than traditional influence, alchoholism, drug abuse, accusation of unfaithful to partners, showing disrespect to in- laws, dispute over property and inheritance, unfullfillng gender ascribed duties are the other factors of domestic violence.

Types of Case Registered

Domestic Violence/Abuse Registered Include:

Physical violence, verbal abuse, financial abuse, sexual abuse/marital rape, extra marital affair, others (alcohol abuse, drug abuse, property dispute, marital discord, mental problem, unwanted pregnancy, etc.

Non-domestic Violence/Abuse Registered Include

Cyber related cases, eve-teasing, stalking, Assault, Defamation, threat/accusation, sexual abuse/rape, others (alcohol abuse, drug abuse, trafficking, property discord, child custody, physical violence, stranded during covid lockdown, homeless, issues with employer, paternity denial etc.)

Table 5 describe depicts that the number of cases increase drastically every year and taking into account of Table 6. Demestic violence significantly comprises the highest percentage of the case registered which is discuss in Table 6. 

Table 6: Types of Case Registered

Source: Women Helpline Mizoram (2016-2021 Oct.)

Assault to outrage women’s modesty/ Molestation comprises the highest percentage of crime against women as Mizoram police recorded – 57.7%, followed by rape 27.9 %and cruelty by the husband comprises 10.3% of the total crime against Women in Mizoram (MPCR 2015-2021 Oct). Analysing and comparing table 5 and table 7, there is a large difference in number of cases reported to the Police and Women Helpeline Mizoram. There could be three contributing factors to this noticeably difference. Mizo society is a close-knit society where primary relationship is the most common type of relationship. Like all the other part of the country, there is a culture of silence around the issues such as rape, domestic violence and child sexual abuse especially if the perpetrator is – member of the family, close relative or is well acquainted neighbor. In case of rape and sexual abuse, due to fear of being socially stigmatized, guilt feeling, fear of losing family's honour, giving compensation to the victim and mutual negotiation of the families from both the victim and perpetrator, many victims resort to silence. Many women are unable to speak about the violence inflicted on them due to shame, fear of further abuse for themselves or their children and in fear of not accepting them in their natal home after they are divorced and fear of economic deprivation (Lalhmachhuani Sailo). The society and even the victims themselves often justify domestic violence and accept certain aggressive actions as justifiable if they are inflicted on the basis of gender division of labor and gender stereotyped - according to which woman should be submissive, selfless, and cooperative, have boundless patience and support. They suffer humiliation in silence and accept it as their fate.

Problem of Inheritance Rights and Property

Traditionally, the Mizo society is a patriarchal society according which the father or the eldest male member of the family has a dominant authority upon the other members of the family. Woman hardly inherit parental property and even after marriage, all the properties she and her husband acquired are put under the name of her husband as a social norm, even if she has contributed the major portion of the cost. This makes her economically dependent on her husband and emotionally vulnerable. She has no power in decision making. Though uneducated and lower-class women are more vulnerable to this problem, educated and middle-class women are also facing the same issue (Table 7). 

Table 7: Crime against women in Mizoram from 2015 to 2021 (up to October)

Source: Mizoram Police Crime Record CID (Crime Unit)

Suggestions

• Capacity building and extensive training to service providers and law enforcement officials to handle cases of violence against women.eg- gender sensitization and orientation course for police personnels and service providers

• Increase budgetary allocations for support service to victims of violence in every district of the States (such as women-friendly short stay homes, counseling centres and shelters)

• Strengthen policies and programmes aimed at improving women’s economic status

• Accept violence against women as a grave and life-threatening offence and display ‘Zero’ tolerance towards any form of violence against women and girls

• Revise those community norms and traditions that endorse the subordination of women and girls

• Media should play an important role in reaching people that every woman’s right is human right and thus it has to be protected

A number of progressive policy and legal initiatives have been taken by the Government of India, however, due to lack of awareness, lack of effective implementation, inadequate allocation of resources, contradiction between economic policies, violence against women is still prevalent and continues to act as obstacle to the realization human rights for women in India. There is a need of social awakening and change in the attitude of masses so that due respect and equal status is given to women.

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3. Abraham, F.M. Contemporary Sociology: An Introduction to Concepts and Theories. Oxford University Press, 2006.

4. Hnuni, R.L. Vision for Women in India: Perspectives from the Bible, Church and Society. Asian Trading Corporation, 2009.

5. United Nations. “Declaration on the elimination of violence against women.” OHCHR, https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-elimination-violence-against-women.

6. Crime in India 2016–2020. National Crime Records Bureau, Ministry of Home Affairs, Government of India. Accessed 12 July 2021. https://ncrb.gov.in/en/crime-india-2019-0.

7. Colney, R. “A critical study on the status of women in mizo society.” Gender Sensitization in Contemporary Mizo Society, Samaritan Printer, 2021.