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CURBING CRIME AGAINST WOMEN

INTRODUCTION

Despite existence of a number of special legislations for providing protection to women, the proportion of crime against women has deteriorated. Women continue to be victims of various types of crimes. Although Women may be victims of any of the crimes such as ‘Murder’, ‘Robbery’, ‘Cheating’, etc, only the crimes which are directed specifically against Women are characterised as ‘Crimes Against Women’.

These are broadly classified under two categories.

• The Crimes under the Indian Penal Code (IPC)
• Rape (Sec. 376 IPC)
• Kidnapping & Abduction for different purposes (Sec. 363 – 373 IPC)
• Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
• Torture, both mental and physical (Sec. 498-A IPC)
• Molestation (Sec. 354 IPC)
• Sexual Harassment (Sec. 509 IPC)
• Importation of girls (upto 21 years of age) (Sec. 366-B IPC)
• The Crimes under the Special & Local Laws (SLL)

Although all laws are not gender specific, the provisions of law affecting women significantly have been reviewed periodically and amendments carried out to keep pace with the emerging requirements. The gender specific laws for which crime statistics are recorded throughout the country are

• Immoral Traffic (Prevention) Act, 1956
• Dowry Prohibition Act, 1961
• The Child Marriage Restraint (Amendment) Act, 1979
• Indecent Representation of Women (Prohibition) Act, 1986
• Commission of Sati (Prevention)

LITERATURE REVIEW

Life in Delhi turns a daily nightmare for women from North-East

New Delhi:The capital city of India has become a daily nightmare for women from the North-East of the country who are here to study or for work.

A close study of reports shows that the community of about 100,000 people from the north-eastern states is under threat – virtually any day, any time – of assault, molestation, or murder. As many as 16 severe cases of molestation, rape and other forms of extreme cruelty perpetuated in Delhi against people from the North-East have been recorded so far in 2009. And, 4 of these incidents took place in the last two weeks.

The worst cases of recent atrocities against people from the North-East staying in Delhi include the murder by Pushpam Kumar Sinha, 34, of a young girl from Manipur; molestation of a girl from Arunachal by school boys; molestation of a girl from Nagaland; and assault on a couple from Nagaland.

On October 24, 2009, Pushpam Sinha, 34, a PhD scholar working at the India Institute of Technology (IIT), Delhi, assaulted and strangled to death Ramchanphy Hongray, the 19-year-old girl who is his neighbour, in her home in south Delhi. The man then burnt the girl’s face in order to mislead the police.

At Sarojini Nagar in Delhi, on October 12, a girl from the North-East was dragged into a van. However, the presence of mind of the victim, who is an employee of a 5-star hotel, saved her life. After the girl raised a hue and cry, passersby caught hold of one of the assailants and beat him up.

On October 17, a couple from Nagaland was assaulted by some young men, who were allegedly drunk, at Safdarjung Enclave. The same day, a 5-year-old girl from the North-East was allegedly molested by her tuition teacher.

Earlier, in April 2009, a girl aged 6, was raped and murdered by her neighbour. The girl’s body was later fished out from a water tank nearby. These terrifying incidents have prompted YS Dadwal, Delhi Police Commissioner, to call for a ‘zero-tolerance policy’ towards any crime committed against women from the North-East. He has ordered that crimes committed against people from the North-East be given top priority, and asked 3 Deputy Commissioners from east, south and north Delhi to act as nodal officers for the safety of women. However, many members of the North-East community complain that the police have been slow to act.

According to Madhu Chandra, spokesman for the North-East Support Centre and Helpline, a help centre for the youth from the north-eastern states living in Delhi and the National Capital region (NCR), there have been several cases of atrocities, but police are doing little about them and demanded that the Delhi government act sternly to check these incidents.

About 4,000 students from the North-East take admission to various courses in Delhi University (DU) each year, and for them, every day in Delhi is like a nightmare, Madhu Chandra says. A survey conducted by the North-East Support Centre and Helpline has revealed that 86% (or about 86,000) people hailing from the north-eastern states and living in Delhi face some sort of discrimination or the other “on a daily basis.” The North-East Support Centre alleges that nearly half the number of women sexually harassed in Delhi and neighbourhood is from the North-East. He says that the Northeast Support Centre and Helpline is “flooded with complaints related to sexual harassment.”

Most members of the north-eastern community are not happy with the police. Kamakshi Sinha, who hails from Assam and doing her undergraduate course in Delhi University, says that that the police circular is “just a piece of paper.” She complains that people in Delhi call them ‘Chinky’ and such other derogatory names, and the policemen ridicule them when they go to the police station to lodge a complaint.

Another female student of Delhi University says that most girls from the North-East are even scared of approaching the police. “Police do not respond to our pleas, and we are treated like outcasts,” she laments. Meanwhile, Rahul Gandhi, MP and Congress general secretary, has said he will totally cooperate with the North-East Students Union in its efforts to curb the increasing menace of crime against both men and women the north-eastern states. Rahul Gandhi gave this assurance to a team of members of the North-East Students Union which met him to seek his support and intervention in the matter.

ARTICLE:2

NCW gives wake-up call to curb crime against women

Puneet Nicholas Yadav / DNA

Thursday, January 15, 2009 2:27 IST

New Delhi:It’s a cry to check the rise in crime against women across the country, aptly titled, Jaago (wake up). The National Commission for Women (NCW) plans to soon initiate its nationwide ‘Jaago’ campaign, to sensitise policemen and civil society about crime against women.

The commission will shortly invite representatives of corporates, educational institutions and BPO companies to discuss the safety and security arrangements for women employees. The campaign is likely to be launched on January 16.The decision to initiate the campaign came days after a 22-year-old MBA student was allegedly gang-raped by 10 men in Noida. Girija Vyas, chairperson of the NCW said, “Though the year 2007-2008 was a year of women achievers, it was also the year of crime against women. Horrific cases of rapes and molestation came to light in the year.

The NCW received shocking complaints from across the country such as the rape of a 72-year-old woman and another rape case of a four-year-old girl. The recent Noida gang-rape incident was equally appalling. There is an urgent need to address the issue of crime against women and the Jaago campaign intends to do that.

As part of the campaign, the NCW is tying up with several schools, NGOs and other groups to spread awareness about violence against women. The campaign would also address other issues such as checking harassment of women at workplace, molestation, women safety besides sensitising cops about dealing with women victims and accused.

Vyas also agreed that there was a need to educate people in rural areas where there’s an immense need to sensitise the people about women’s rights and checking violence against women. The NCW chief quoted statistics based on complaints filed with the NCW and records available with the National Crime Records Bureau to establish how crimes against women had been on the rise in the country and specifically in UP.

ARTICLE : 3

RECOVERY FUNDS AVAILABLE TO HELP CURB VIOLENCE AGAINST WOMEN, IMPROVE VICTIM SERVICES

HARRISBURG, Pa., Sept. 9 — The Pennsylvania Commission on Crime and Delinquency issued the following news release:

Approximately $4 million in federal American Recovery and Reinvestment Act funding is available to support and strengthen services to women who are victims of violent crime, the Pennsylvania Commission on Crime and Delinquency said today.

The STOP Violence Against Women, or STOP/VAWA, Formula Grant Program also works to improve the criminal and juvenile justice systems’ response to violence against women. Interested applicants, including domestic violence and sexual assault programs, state organizations and counties, may apply through PCCD’s Egrants system by October 6.

Bill to curb crime against women soon

EXPRESS NEWS SERVICE

MUMBAI, JULY 18: The state government will soon bring in a legislation to curb crime against women, Deputy Chief Minister Chhagan Bhujbal announced in the Legislative Assembly today.Replying to supplementaries over a calling attention notice moved by Sudhir Munguntiwar (BJP) and others on burning of a bank employee — Vidya Prabhudesai — near Mumbai Central last month, Bhujbal also announced that a committee of women legislators would be formed to suggest measures for prevention and control of crime against women.

A committee headed by Additional Chief Secreatry (Home) M R Patil had prepared drafts of two legislations — Maharashtra Women Security Act and Maharashtra Prevention of Harassment of Girls Act. However, it was later decided to formulate a single comprehensive bill instead of two different bills on the same issue, Bhujbal told the House.Accordingly, the committee has been asked to prepare the draft within two months, he said.

Munguntiwar asked if the government would form a committee of the woman MLAs for the purpose. Bhujbal said the government had appointed the Commissioner for Women and Child Welfare and a representative of the Tata Institute of Social Sciences, who were well aware of the problems of women, as members on the committee. Further, the draft of the proposed legislation would be referred to the woman legislators for studying it and the amendments suggested by them would be incorporated.

Irked over the reply, Vishakha Raut (Sena) protested against the “Deputy Chief Minister’s attitude towards women legislators” and demanded immediate formation of the committee of women legislators. She was followed by other women members of Sena-BJP, who shouted slogans against the government. Finally, Bhujbal said that the government would fulfil the demand of the women legislators.

On an another occasion, members of opposition Sena-BJP rushed to the well protesting against the ruling of the Deputy Speaker Pramod Shende on withdrawing a calling attention notice from the day’s agenda. The notice was moved by Opposition members on arrest of a person allegedly linked to `Lashkar-e-Toyba’, a terrorist organisation, in Nanded. Gopinath Munde (BJP) sought to know why the government failed to gather information on the issue on time. Minister of state for home Manikrao Thakre said the notice was also related to arrest of terrorists in Andhra Pradesh and Madhya Pradesh. Since the information from the two neighbouring states was not received, the government requested the presiding officer to take up the notice for discussion on Wednesday.

RESEARCH METHODELOGY

PRIMEARY DATA

SAMPLING

I had visited Delhi (west) and interviewed about 30 women (working + college going girls student) from where I came to know about different aspect of crime which are prominent there like rape ,sexual harassment, importation of girls and many more . They also suggested different way to stop this or to minimise it. After this I visited 30 more women in same area ask them to fill questioner.

SECONDARY DATA

Reported Incidents of crime (Incidence…1,54,333)

A total of 1,54,333 incidents of crime against women were reported in the country during 2008 as compared to 1,40,601 during 2007 recording 9.8% increase during 2008. These crimes had reported an increase of 1.7% in 2001 over 2000 (from 1,41,373 cases in 2000 to 143,795 cases in 2001) and declined during 2002 and 2003 with 1,43,034 and 1,40,601 cases followed again by an increase during 2004. Andhra Pradesh, accounting for nearly 7.3 per cent of the country’s population, has accounted for 12.3% of total incidents of crime against women in the country by reporting 18,921 cases. Uttar Pradesh, with nearly 16.4% share of country’s population has accounted for 10.0% of total crime against women by reporting 15,485 cases during the year.

Crime Rate

(Crime rate… 14.2)

The rate of crime has increased by 7.6 per cent from 13.2 during the year 2007 to 14.2 during 2008. Delhi, Andhra Pradesh and Madhya Pradesh were top three States in the order of crime rate at 24.1, 24.0 and 23.5 respectively.

Crime head-wise analysis (IPC)

Rape

(Incidence…18,233 Rate…1.7)

Rape cases have reported mixed trends over last 5 years with a decrease of 2.5 per cent in 2004 over 2003, an increase of 1.8 per cent in 2005 over 2004, a decrease of 3.2 per cent in the year 2007 over 2006 and substantial increase of 15.0 per cent in the current year. Madhya Pradesh has reported the highest number of Rape cases (2,875) accounting for 15.8% of total such cases reported in the country.

However, Tripura has reported the highest crime rate 4.8 as compared to National average of 1.7.

Incest Rape

(Incidence…505)

As compared to 15.0 percent increase in overall Rape cases, Incest cases have increased by 26.5 per cent from 399 cases in 2003 to 505 cases in 2008. Chhattisgarh (78) has accounted for the highest 15.4 per cent of the total such cases reported in the country

Rape Victims

Out of 18,233 reported Rape cases in the country, there were 18,239 victims of Rape. Of the total victims of Rape, 8.9% (1,622) were girls under the 15 years of age, while 11.0% (2,008) were teenaged girls (15-18 years). Nearly two-third (11,343) (62.2%) were Women in the age-group 19-30 years. 3,189 victims (17.5%) were in the age-group of 31-50 years while only 0.4 per cent (81) were over 50 years of age.

Offenders were known to the victims in as many as 15,619 (85.6%) cases. Of these, parents/close family members were involved in 3.2% (505 out of 15,619) cases, neighbours were involved in 34.3% cases (5,358 out of 15,619) and relatives were involved in 6.6% (1033 out of 15,619) cases. The State/UT/City-wise details are presented in

Kidnapping & Abduction

(Incidence…15,578 Rate…1.4)

These cases have reported an increase of 17.2 per cent as compared to previous year (13,296). Uttar Pradesh (2,324) has accounted for 14.9 per cent of the total cases at the National level. Delhi has reported the highest rate at 5.8 as compared to the National average of 1.4.

Dowry Deaths

(Incidence…7,026 Rate…0.6)

These cases have increased by 13.2% over the previous year (6,208). Out of the total such cases reported in the country around 24.3% cases were reported from Uttar Pradesh (1,708) alone followed by Bihar (1,029) (14.6%). The highest rate of crime (1.2) was, however, reported from Bihar and Madhya Pradesh as compared to the National average of 0.6 only.

Torture (Cruelty by Husband & Relatives) (Incidence…58,121 Rate…5.4)

‘Torture’ cases in the country have increased by 14.6 per cent over the previous year (50,703). 14.4 per cent of these were reported from Andhra Pradesh (8,388). The highest rate at 11.2 was reported from Rajasthan as compared to the National rate at 5.4.

Molestation

(Incidence…34,567 Rate…3.2)

Incidents of Molestation in the country have increased by 4.9 per cent over the previous year (32,939). 19.4% of total such cases were reported from Madhya Pradesh (6,690) which also reported the highest rate (10.3) as compared to the National average of 3.2.

Sexual Harassment (Eve –Teasing)

(Incidence…10,001 Rate…0.9)

The number of such cases has significantly declined by 18.9 per cent over the previous year (12,325). Uttar Pradesh has reported 26.8 per cent of cases (2,682) followed by Andhra Pradesh 23.1 per cent (2,310). Haryana has reported the highest crime rate 3.8 as compared to the National average of 0.9.

Importation of Girls

(Incidence…89)

An increase of 93.5% in such cases was reported as 89 cases were reported during the year as compared to 46 cases in the previous year. Jharkhand (36) and Bihar (35) have reported highest number of such cases accounting for 40.4% and 39.3% respectively of total such cases at the National level.

Crime-head wise analysis (Special Laws)

Sati Prevention Act

(Incidence…0)

The practice of Sati is on the wane in modern times. Still sporadically, cases under this Act get reported. However, no such case from any of the State/UT was reported in the country during the year 2008.

Dowry Prohibition Act

(Incidence…3,592 Rate…0.3)

The cases under this Act have increased by 33.8 per cent as compared to the previous year (2,684). More than one third (34.0%) cases were reported from Bihar (1,220) followed by Orissa (532) which also reported the highest crime at 1.4 as compared to 0.3 at the National level.

Crime against Women in Cities

(All-India…1,54,333 Cities…20,492)

As per population census 2001, 35 cities having population over 10 lakh were identified as Mega cities. A total of 20,492 cases of crimes against women were reported from these 35 cities as compared to 19,573 cases in the year 2003 reporting an increase of 4.7 per cent. The rate of crime in cities at 19.0 was comparatively higher as compared to the National rate of 14.2

Among 35 cities, Delhi (3,334) has accounted for 16.3 per cent of total crimes followed by Hyderabad (1,978) (9.7%). The crime rate was significantly higher in Vijayawada (109.5) city as compared to all-cities rate of 19.0 only.

Delhi city has accounted for 30.3% of Rape cases, 33.3% of Kidnapping & Abduction cases, 19.8% of Dowry Deaths and 18.3% of Molestation cases, 14.8% of Cruelty By Husband & Relatives among 35 cities. Faridabad of Haryana has reported 17.8% of Eve-Teasing cases (434 out of 2,434 cases).

It is worthwhile mentioning that Bangalore, Chennai, Coimbatore, Hyderabad and Mumbai were more vigilant in curbing these crimes as more cases under Special Laws & Local Acts were booked in these cities. 32.3 per cent (422 out of 1,907) of cases under Immoral Traffic (P) Act and 79.4 per cent (247 out of 311) of Dowry Prohibition Act cases were booked in Bangalore city alone. 20.5 per cent (392 out of 1907) cases in Chennai, 13.4 per cent (255 out of 1907) cases in Coimbatore and 12.1 per cent (231 out of 1907) cases in Mumbai were booked under Immoral Traffic (P) Act. Similarly, 80.3 per cent (297 out of 370) cases under Indecent Representation of Women (P) Act were booked under Hyderabad City only.

The increase in cases booked under SLL represent preventive policing of State/UT police. Keeping this in view, an attempt has also been made to analyse the Crime Against Women by excluding SLL crimes i.e. Sati

STEP TAKEN BY GOVERNMENT

Transitional Housing Helpance Program Grants For Victimized Women

-Victims of domestic violence, sexual assault, dating violence and stalking i.e. women now can get adequate relief through the Government’s Office on Violence Against Women (OVM) having twofold motive: to curtail violence against women and execute justice for and invigorate services to these victimized women.

OVM accomplishes this intention through developing and Helping the capacity and capability of tribal, local, state and non-profit organizations concerned in addressing violence

Grants And Sub Grants Provided To Stop Violence Against Women

-The STOP Violence against Women Formula Grant Program was constituted with an aim to encourage integrated and multidisciplinary approach to improve response of the criminal justice system with respect to violent crimes against women.

Under this program, efficacious law enforcement and prosecution strategies are encouraged to develop and strengthen their policies and procedures to curb violent crimes against women.

Grant Programs To Stop Violence Against Women

-United States government statistics revealed the most grueling picture: one in every four women becoming target of domestic violence and approximately 1.3 million women have been physically assaulted by her intimate partner.

But women in rural areas facing sexual assault, domestic or other kinds of violence are more vulnerable than their counterparts in cities.

Opportunities For Indian Tribal Government To Avail Grants

-Grants for the Indian Tribal Government Program are formulated to empower tribes to respond to violent crimes against Indian women, ensure safety of the victims and develop their education and preventive strategies.

The Indian tribal governments or their authorized designees are provided with the grants enabling them to initiate actions and programs on awareness about increasing level of domestic violence and sexual assault against American women and Alaska native women.

Financial Aids To Reduce Violence Against Women

-The STOP Violence Against Women Formula Grant Program was constituted with an aim to encourage integrated and multidisciplinary approach to improve response of the criminal justice system with respect to violent crimes against women. Under this program, efficacious law enforcement and prosecution strategies are encouraged to develop and strengthen their policies and procedures to curb violent crimes against women

Grants To Help Victimized Rural Women

United States government statistics revealed the most grueling picture: one in every four women becoming target of domestic violence and approximately 1.3 million women have been physically assaulted by her intimate partner. But women in rural areas facing sexual assault, domestic or other kinds of violence are more vulnerable than their counterparts in cities.

Rural women have to face many hurdles while receiving Helpance; even service providers have to face barriers in the different form.

Us Government Grants To Indian Tribal Government’s Program

-Grants for the Indian Tribal Government Program are formulated to empower tribes to respond to violent crimes against Indian women, ensure safety of the victims and develop their education and preventive strategies. The Indian tribal governments or their authorized designees are provided with the grants enabling them to initiate actions and programs on awareness about increasing level of domestic violence and sexual assault against American women and Alaska native women.

DATA ANALYSIS

By studying the primary and secondary data the situation of crime against women is analysed as given below:

Crime Head-wise Incidents of Crime Against Women during 2004-2008 and Percentage variation in 2007 over 2008

TABLE-1

TABLE-2

SUGESSIONS

Measures needed to curb Crime against Women

The Government of India have to deeply concerned with these trends and ground situation and have to re-emphasized that urgent action should be taken on the following:-

• 1.Vigorously enforce the existing legislation relating to Crime against Women and Children, i.e.,DowryProhibition Act, 1961, Child Marriage Restraint Act, 1929, Immoral Traffic (Prevention) Act, 1956, Indecent Representation of Women (Prohibition) Act, 1986, Commission of Sati (Prevention) Act, 1987 and Violence against Women (Prevention) Act, 2005, Section 67 of the IT Act, 2000, the display of lascivious photographs/films on computer through internet,etc.
• 2. The administration and police should play a more proactive role in detection and investigation of crime against women and ensuring that there is no under reporting.
• 3. Increasing the overall representation of women in police forces.The representation of women in police at all levels should be increased through affirmative action so that they constitute about 33% of the police.
• 4. Sensitizing the law enforcement machinery towards crime against women by way of well structured training programmes, meetings and seminars etc., for police personnel at all levels as well as other functionaries of the criminal justice system.
• 5. For improving general awareness on legislations, mechanisms in place for safety and protection of women, the concerned department of the State Government must, inter-alia, take following steps:
• Create awareness through print and electronic media;
• Develop a community monitoring system to check cases of violence, abuse and exploitation and take necessary steps to curb the same;
• Involving the Community at large in creating and spreading such awareness; and
• Organize legal literacy and legal awareness camps.
• Explore the possibility of associating NGOs working in the area of combating crime against women. Citizens groups and NGOs should be encouraged to increase awareness about gender issues in society and help bring to light violence against women and also Help the police in the investigation of crime against women.Close coordination between the police and the NGOs dealing with the interests of women may be ensured.
• There should be no delay whatsoever in registration of FIR in all cases of crime against women.
• 8.All out efforts should be made to apprehend all the accused named in the FIRimmediately so as to generate confidence in the victims and their family member
• Cases should be thoroughly investigated and charge sheets against the accused persons should be filed within three months from the date of occurrence, without compromising on the quality of investigation.Speedy investigation should be conducted in heinous crimes like rape. The medical examination of rape victims should be conducted without delay.
• Ensure proper supervisions at appropriate level of cases of crime against women from the recording of FIR to the disposal of the case by the competent court.
• Help-line numbers of the crime against women cells – should be exhibited prominently in hospitals/schools/colleges premises, and in other suitable places.
• 12. Set up exclusive ‘Crime Against Women and Children’ desk in each police station and the Special Women police cells in the police stations and all women policethanaas needed.
• The specialized Sexual Assault Treatment Units could be developed in government hospitals having a large maternity section.
• The Health department of the StateGovts., should set up ‘Rape CrisisCentres'(RCCs) and specialized ‘Sexual Assault Treatment Units’ (SATUs), at