WOMEN’S RIGHTS AND GENDER -BASED VIOLENCE IN INDIA:AN ANALYSIS

                                                                                                                 Author-SHIVAM KARN

INTRODUCTION

Women’s rights and gender-based violence are pervasive issues that affect millions of women worldwide, cutting across various societies, cultures, and economic contexts. Although there has been notable progress in legal protections, advocacy efforts, and shifting societal norms, women still endure violence and discrimination that impede their rights and liberties. Gender-based violence (GBV) takes many forms, such as domestic abuse, sexual harassment, human trafficking, and harmful traditional practices, all of which stem from entrenched gender inequalities. This article examines the intricate nature of women’s rights and gender-based violence, highlighting the root causes, the profound impacts, and the persistent struggle to achieve a world where women can live without fear or harm.

UNDERSTANDING WOMEN’S RIGHT

Women’s rights are the rights that have been established for women and girls around the world, ensuring that every individual has the freedom to live without violence and discrimination. These rights include the ability to enjoy life, receive an education, own property, and live freely. However, women continue to face significant inequality and discrimination based on their gender. Gender inequality remains a major global issue, with women being disproportionately affected by challenges such as lower wages, sexual violence, and lack of access to education. For many years, women have struggled simply because of their gender, as society often perceives them as inferior to men. Women are frequently seen as weak, which contributes to the prevalence of crimes against them. They are often stereotyped as individuals who should remain at home, cook, and do household chores, and when they strive to pursue their own goals, society often tries to hold them back. There is a persistent belief that women are meant to stay at home, that they cannot go out, have dreams, or be independent, and that their primary role is to obey men. Women have endured significant hardships throughout their lives and continue to face challenges as they fight for their rights to live freely and enjoy life. Every individual deserves the right to live without fear and make decisions about their own bodies. Achieving these freedoms is still a long journey for women around the world. To truly advocate for women’s rights, we need to understand feminism, which is the belief in the political, economic, and social equality of women.

THE SCOPE OF GENDER-BASED VIOLENCE

Gender-based violence is a widespread issue, yet it remains one of the most overlooked and normalized forms of abuse, impacting the lives of millions of women and girls. It includes any physical, sexual, or psychological harm inflicted on women, whether within the home, family, or outside. According to Ellsberg and Heise (2005), there is a growing international agreement that abuse of women and girls, regardless of where it occurs, should be seen as gender-based violence, as it often stems from the subordinate position of women in society compared to men. This subordinate status is a reflection of gender inequality, which is prevalent in most societies around the world. Simply put, gender inequality involves unequal treatment or perceptions of men and women based solely on their gender.

According to global estimates reported by the World Health Organization in 2013, based on an analysis of data from over 80 countries, nearly one-third (30%) of women who have been in relationships have experienced intimate partner violence (either sexual or physical) or non-partner sexual violence at least once in their lives (World Health Organization, 2013). In 2017, of the 87,000 women who were victims of homicide, more than half were killed by family members or intimate partners (UN, 2020). Gender-based violence is already a widespread and severe issue, and it has predictably worsened during the Covid-19 pandemic due to lockdowns.

CAUSES BEHIND GENDER-BASED VIOLENCE IN INDIA

The causes of gender-based violence are intricate and deeply rooted in societal structures and mindsets. Key contributing factors include:

1. Patriarchal Norms and Gender Inequality: Patriarchy, marked by male dominance and control, underpins many forms of gender-based violence. Societal norms that prioritize men over women and enforce rigid gender roles help perpetuate such violence.
2. Cultural and Social Norms: Cultural beliefs and practices that condone or minimize violence against women foster environments where abuse is accepted. For instance, in some cultures, domestic violence is considered a private matter and not subject to legal intervention.
3. Economic Dependence: Women’s economic reliance on male partners can keep them trapped in abusive relationships. The lack of financial independence and limited access to job opportunities often leave women with few avenues to escape violence.
4. Legal and Institutional Failures: In many countries, legal systems and institutions fail to adequately protect women from violence. Poor enforcement of existing laws, lack of accountability for offenders, and insufficient support for victims contribute significantly to the persistence of gender-based violence.
5. Lack of Education and Awareness: Limited knowledge about women’s rights and a lack of education sustain cycles of violence. When women are unaware of their rights or do not have access to information and support, they become more susceptible to abuse.
6. Conflict and Displacement: In conflict zones, gender-based violence often intensifies and is used as a weapon of war. Displacement and instability heighten women’s vulnerability to violence, exploitation, and abuse.

 IMPACT OF GENDER BASED VIOLENCE

Globally, about 35 percent of women experience violence at some point in their lives. In a study conducted in India involving approximately 10,000 women, 26 percent reported experiencing physical violence from their spouses during their lifetime. In Uttar Pradesh, the prevalence of such violence could be as high as 45 percent. Recent data from the National Crime Records Bureau indicates that a crime against women is recorded every three minutes. Additionally, at least two women are sexually assaulted every hour, and every six hours, a young married woman is either beaten to death, burned, or driven to suicide. Alarmingly, 28.4 percent of pregnant women endure domestic violence. This violence leads to severe consequences, including social isolation, unemployment, income loss, poor self-care, and difficulties in providing childcare. According to the World Health Organization’s Multi-Country Study on Women’s Health and Domestic Violence Against Women, between 40 and 60 percent of women surveyed in countries like Bangladesh, Ethiopia, Peru, Samoa, Thailand, and Tanzania reported being physically and/or sexually abused by their intimate partners.

Gender-based violence has profound and widespread effects on individuals, families, and societies. It compromises the health, dignity, security, and autonomy of victims, leading to serious consequences:

1. Physical and Mental Health Consequences: Survivors often endure physical injuries, long-term health issues, and mental health conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD).
2. Economic Costs: Violence against women imposes significant economic burdens, including healthcare expenses, lost productivity, and legal costs. Women who face violence may find it difficult to maintain employment or achieve financial stability.
3. Intergenerational Effects: Children who witness or experience violence are more likely to become perpetrators or victims of violence themselves, perpetuating a cycle of abuse that spans generations.
4. Social Isolation: Gender-based violence frequently results in social stigma, isolation, and exclusion. Victims may face blame, shame, or ostracism from their communities, which exacerbates their trauma.
5. Barrier to Development: On a broader level, gender-based violence hampers societal development by restricting women’s participation in economic, social, and political spheres. It undermines efforts to achieve gender equality and empower women.

EFFORTS TO COMBAT GENDER BASED VIOLENCE

Goal 5 of the Sustainable Development Goals focuses on achieving gender equality and empowering all women and girls. Specifically, Targets 5.1 and 5.2 aim to eradicate all forms of discrimination against women and girls worldwide and to eliminate all forms of violence against them in both public and private spheres, including trafficking, sexual violence, and other types of exploitation. These targets also encompass the workplace. In India, all individuals are considered equal before the law, and the state is prohibited from discriminating against any citizen based on sex, while ensuring liberty for all as per Articles 14, 15, and 21 of the Indian Constitution. It’s essential to recognize that the state does not discriminate based on social constructs of gender or biological sex. India has ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and has committed to adopting measures to achieve complete equality between men and women. In recent years, various ministries and sectors have implemented numerous initiatives to promote gender equality. However, India currently ranks 122nd on the Global Gender Inequality Index and 135th on the Global Gender Gap Index. Enhancing female empowerment and economic participation is critical to improving these rankings on these composite indices.

Addressing gender-based violence necessitates a comprehensive approach that integrates legal reforms, education, advocacy, and support services. Key strategies include:

1. Strengthening Legal Frameworks: It is essential to enact and rigorously enforce laws that protect women from all forms of violence. Legal reforms should aim to criminalize all types of gender-based violence, ensure the swift administration of justice, and hold perpetrators accountable.
2. Raising Awareness and Changing Attitudes: Public awareness campaigns and education play a critical role in challenging the societal norms and stereotypes that fuel violence. Engaging men and boys in these initiatives is crucial for altering attitudes and behaviors.
3. Support Services for Survivors: Providing comprehensive support services, such as medical care, psychological counseling, legal assistance, and safe shelters, is vital for aiding survivors in their recovery and helping them rebuild their lives.
4. Economic Empowerment: Economic empowerment of women can significantly reduce their susceptibility to violence. Programs that enhance women’s access to education, employment, and financial independence are essential.
5. Community-Based Interventions: Involving communities in prevention efforts can create safer environments for women. Community-based interventions that engage local leaders, religious groups, and civil society can be effective in transforming social norms and behaviors.
6. International and National Commitments: Global frameworks like the United Nations’ Sustainable Development Goals (SDGs), particularly Goal 5 focused on gender equality, emphasize the necessity of ending violence against women. National governments should align their policies and actions with these international commitments.
7. Technological Solutions: Utilizing technology can bolster efforts to combat gender-based violence. Tools such as apps and hotlines for reporting abuse, online support networks, and digital education resources can provide accessible support for women.

CONCLUSION

The fight for women’s rights and the eradication of gender-based violence is an ongoing challenge that requires persistent effort, dedication, and cooperation from all sectors of society. Although there has been considerable progress in acknowledging and addressing these issues, there is still a long way to go to ensure that women can live without violence and discrimination. Strengthening legal protections, shifting societal attitudes, economically empowering women, and providing comprehensive support for survivors are crucial steps toward a world where gender-based violence is no longer accepted. Realizing this goal necessitates the united efforts of governments, civil society, communities, and individuals, all working together to uphold the fundamental rights and dignity of women.