FEMICIDE DIGITAL MAGAZINE
INSIDE:
Causes + Statistics Case Study
Statements from an expert in the field of feminism, women's rights, gender studies etc. Ms. Sabin Muzaffar – Ananke Magazine
The
EDITOR'S Note. CONTACT US
Our main goal with this magazine was to create a comprehensive report that talks about the severe impact that the increase in sexual harassment and femicide cause in India. Topics like such have always been such a taboo within our societies that women do not wish to report heinous crimes like so. What has caused India to be termed such an unsafe space for women? Despite government regulations, why have the cases continued to rise so rampantly? These are only two of the many questions we hope to find answers to during our time researching. We aim to analyse the cases in India through various means. We are utilising official government statistics as well as news reports and academic journals, coupled with information from the UN Statistics Department.
Madheubala.g mgk556@uowmail.edu.au @madheubalag
Caitlin.K csk476@uowmail.edu.au @CAITLIN_SHAEDA
Shradha.M sm063@uowmail.edu.au @ShradhaMenon4
We would also like to extend our sincere thanks to our professor Ms. Maha Tazi and our advisor and expert Ms. Sabin Muzaffar – Founder of Ananke Magazine – who gave us essential tips along the way and without whose help this project would have been incomplete.
Trigger Warning (TW)
// This report talks about topics like rape, sexual assault,
sexual harassment, murder, death, etc. So please do not continue reading if any topic mentioned is triggering.
2
SEXUAL HARASSMENT IN INDIA
3
WOMAN'S RIGHTS IN INDIA
4
CASE STUDY
5
EXPERT STATEMENTS
6
STAKEHOLDER COMPLIANCE
8
SEXUAL ASSAULT
11
ACID ATTACKS
12
DOWRY DEATHS
13
HONOR KILLING
Department for International Development and Foreign & Commonwealth Office
Hathras Rape Case
Statments from Ms. Sabin Muzaffar Discussing the main stakeholders in the justice process.
STNETNOC
TYPES OF FEMICIDE
FO ELBAT
1
DOMESTIC VIOLENCE
15
MORE STATISTICS
12
GOVERNMENT ACTION
17
LEGISLATIVE ACTION
20
GOVERNMENT PROTECTION
21
FAILURES OF THE JUSTICE SYSTEM
22
MEDIA REPRESENTATION OF CRIMES AGAINST WOMEN
23
NGO's HELPING A CAUSE
Taken from official sources
Dowry Deaths, Sexual Harassment, and Rape Statistics
Laws specifically created for the women of India
Steps taken by the GOI to portect and empower women
How does the justic system fail victims
How the media represents victims
Discussing 4 NGO's and their work towards women development and victim safety
G1 GLOSSARY -
ACKNOWLEDGEMENTS
STNETNOC
FO ELBAT
14
Although the term femicide has a broad scope, it refers to the intentional killing of a woman by a significant spouse (husband, boyfriend, cohabiting partner, same-sex partner (current or ex), or an unwelcome lover, as well as the perpetrator of incestuous marriages. Armed Conflict Femicides As a 'weapon of war,' both state and non-state participants assault women and girls physically, sexually, and mentally. Usually, such actions are carried out with the intent of punishing or dehumanising women and children, as well as persecuting the society to which they belong. They're often used to build a sense of fear, superiority, and power.
77.10%
8.6%
CURRENT HUSBAND
FORMER HUSBAND
5.5%
OTHER KNOWN PERSON
4.7%
1.8%
CURRENT OTHER RELATIVE OR FORMER BOYFRIEND
1.3%
1%
FATHER STRANGER OR BROTHER
Source: The Print - 2019
Associated/Connected Femicides When the victim who wasn't the actual target is killed, they become the 'collateral' victim of femicide intended for another woman. This may have been a female member of the family, acquaintance, or stranger who was simply trying to prevent the murder, someone who was in the vicinity of a woman at high risk of attack, or someone who was just in the wrong place at the wrong time.
Source: Gettyimages - 2017
Lesbophobic Femicides This form of femicide entails the murder of a female by an offender or a group of offenders based on bigotry or disapproval of a woman's sexuality. Sexual abuse can also be present in these femicides because the attacker believes that the victim has defied stereotypical sexual or gender norms. While there are many more types of femicide present, these are the most common or the most talked about.
1
SEXUAL HARASSMENT IN INDIA Femicide occurs around the world. According to Business Standard, India is among the highest in femicide cases. Several ways through which femicides occur include, but are not limited to acid attacks, rape, domestic violence, coercion to suicide, assault, etc. Human Rights Watch reported that the inability of the Indian government to adequately enforce its sexual assault legislation exposes hundreds of women in the workplace to harassment with hardly any solution. Sexual harassment eventually leads to what is called sexual femicide as the intent of the perpetrator was to harass the victim sexually but due to resistance ended up killing her.
Source: The Print - 2019
PHOTO BY CANVA DESIGN
Source: Reuters - 2019 Source: Reuters - 2019
2
PHOTO BY CANVA DESIGN
Woman's Rights in India Department for International Development and Foreign & Commonwealth Office Back In 2013, the government of India took significant measures to enhance women's and girls lives. India rose from 113th to 101st in the World Economic Forum's Global Gender Gap Report between 2011 and 2013. Inequality, prejudice, and domestic abuse, meanwhile, continue to persist, especially in India's poorest regions. Also according to the Indian government records, 35% of Indian women between the ages of 15 and 24, have experienced at least one kind of physical abuse. Based on the guidelines of the Justice Verma Committee (formed by the Indian government to assess India's institutions' capability to deal with violence against women the Indian parliament passed the Criminal Law Bill, which aims to continue improving India's laws on violent crimes targeting women.
POPULATION OF INDIA
Female s 48%
Male s 52%
Source: World Bank Data 2019
The bill aims to condemn public servants who neglect to carry out their responsibilities in relation to sexual crimes, and it includes new punishments for violent assaults, harassment, inappropriate touching, and voyeurism. That being said, a variety of clauses of this new law warrant the death penalty as sentencing, but they continue to reject the death penalty, although they endorse a strict response to these kinds of heinous crimes against women.
The Government of India has continued to implement a fast court system and extend public security programs, such as that of the implementation of helplines and Surveillance cameras on public transportation. Furthermore, specialized police stations operated solely by female officers have also been created to motivate women to come forward and report incidents Source: BBC - 2018
3
NGISED AVNAC YB OTOHP
C A S E S T U D Y
PHOTO BY CANVA DESIGN
HATHRAS RAPE CASE On September 14, 2020, a 19year-old Dalit girl was allegedly gang-raped by 4 upper caste men in Hathras district, Uttar Pradesh, India. She died in a Delhi hospital after battling for her life for 2 weeks. The police seriously prolonged the FIR by requesting that the girl be taken away. According to the victim's brother, one of the accused, Sandeep, tried to kill her while she was in and out of consciousness. Sandeep was then charged with assault. The victim was later taken to a district hospital, which did not have the necessary facilities to help her.
Though she claimed in her dying declaration that she had been raped, a senior police official issued a statement saying that the forensic report "made it clear" that the woman had never been raped and that "the victim died due to trauma of her neck injury," and per the post-mortem results.
One of the most controversial issues of the Hathras case was the fact that the victim was cremated without the permission of her parents at about 2:30 a.m. on September 30. While doing so, the cops destroyed any evidence that an impartial post-mortem examination may have uncovered. POOR CONVICTION RATES
The victim should have been taken to a rape crisis center if the protocol had been properly followed. Within 24 hours, she would have had a sexual assault forensic test. However, she never was admitted to a crisis center, and the test was so badly stalled that forensic proof of the existence of sperm was compromised.
Conviction Rate (%)
YEAR
27.1
2013
28
32.2
29.4
27.2
23.9
2014
2015
2016
2017
2018
27.8
2019
Source: The Times of India - 2020
4
PHOTO BY CANVA DESIGN
EXPERT STATEMENT Topics heavy as those discussed here are better paired with statements from an expert within the fields. Ms. Sabin Muzaffar – Ananke Magazine discusses some of the reasons that the aforementioned crimes take place.
Femicide and gender-based violence is now being termed as a shadow pandemic. Each and every stakeholder from the government to communities, community leader to patriarchs and matriarchs need to be in this conversation. But these conversations need to be organic in nature, not based on buzzwords imported from outside. Governments need to have more women In policymaking to be more inclusive and representative. But these are just a few initial steps... there’s a lot of groundwork that needs to be done to create a society erased of injustices - it starts at home as well as schools too. Gender sensitisation and awareness are critical. All of us need to work together for a better world.
Source: Gettyimages - 2019
- Ms. Sabin Muzaffar, Founder of Ananke Magazine Talking about the lack of gender sensitisation and awareness amongst the general Indian public.
ABOUT
2.42 In India, 1 in every 5 men admit to forcing their wives into sex, according to a 2011 study by the
LAKH* RAPE CASES IN SEVEN YEARS (2013-19) AFTER THE NIRBHAYA GANGRAPE CASE
95
THAT'S RAPES A DAY
ALMOST
4
WOMEN ARE RAPED EVERY HOUR
International Center for Research on Women .
*1 Lakh = 100,000
Source: India Today (NCRB Data)- 2019
5
PHOTO BY CANVA DESIGN
MAIN STAKEHOLDERS IN A SEXUAL HARASSMENT SCENARIO Several stakeholders are involved in a sexual harassment scenario, and everyone involved plays a major role in the justice outcome for the victim. THE GOVERNMENT: The new fast track courts and testing process is NOT 100% accurate, and inconsistencies within the process can hinder progress. As Business Standard reports on the famed Nirbhaya case of 2012, the accused with arrested within a few days of the crime taking place, but it took several years for the victim's family to get justice. The accused were sentenced to the death penalty in late 2013, despite this, they were able to move the High Court and Supreme Court multiple times - eventually running out of legal options in 2020 THE VICTIM'S FAMILY: The victim(s)' family must be supportive of the victim to pursue justice. In many cases, the victim's family discourages the victim from pursuing justice because of the taboo against sexual harassment and rape in society. THE SOCIETY: One of the most influential pillars in the aftermath of a case of sexual harassment is the 'society' by itself. A common agenda highly promoted by 'backward thinkers' is the infamous "boys will be boys." Rather than supporting women, the common speculative topic is "what was the victim wearing?" or even "what was the victim doing out at night." This goes further on to make the lives of the victim and their family more difficult. Legal Services India also reports that this kind of victim-shaming attitude is very damaging, but there has been a recent surge in online support for the victims of publicised rape and sexual harassment cases.
Source: @penpencildraw on Instagram and Twitter
Source: Quartz India - 2018
6
FOREIGN INTERVENTION: In the special event where a case receives international attention – as opposed to national attention – there are chances of pressure by foreign governments and bodies. Representatives of international bodies condemn the act on a large scale which creates pressure on the government to quickly resolve the case, to not garner any unfavourable attention. One example of this is UN Secretary-General Ban Ki Moon's international condemnation of the 2012 Nirbhaya rape case in Delhi. He encouraged the government of India to strengthen their services extended to rape victims. ONLINE COMMUNITIES: As reported by NSVRC (National Sexual Violence Resource Centre), online peer groups offer a base of support for victims. These communities make the daunting task of opening up appear less intimidating as victims can control their narratives about what they have undergone. While there is always a fear of being judged, these fears are mitigated as more individuals share their own stories and it becomes a source of support for victims. However, victim-blaming tends to pour out. Communities are now self-regulating to ensure hate speech against victims is moderated. Cyber Crime Prevention Against Women and Children’ (CCPWC) - Allows victims to report cases of online sexual abuse without having to reveal their identities. Chaanv (छाँव) - A mental health support group that allows people to talk about what is bothering them.
Domestic Violence
2,271 Total calls from Mar 15- Apr 20, 2020 in Karnataka
Source: Gujarat Headline - 2020
7
PHOTO BY CANVA DESIGN
SEXUAL ASSAULT Sexual Assault in India is increasing at a rampant rate. Not to be confused with Rape, Sexual Assault is an act wherein a victim is inappropriately touched without their prior consent. Sexual Assault can also take place by the perpetrator coercing the victim to also perform sexual acts without consent. India has one of the highest rates of violence against women in the world. The overall number of sex offenders is much greater than the number of cases in which they are convicted.
Source: Feminism in India - 2018
A poll set up by the Thomas Reuters Foundation in 2018, found India to be the most unsafe country in the world, followed by Afghanistan and Syria in second and third places respectively. Similarly, a survey set by Forbes in 2019, found India to be ranked 10th in terms of the Women Danger Index. According to Equality Now, as of 2016 around 133,000 sexual violence cases in India were awaiting trial with conviction rates at their lowest.
Source: The Wire UP
59,853
1 Assam
30,025 5
Rajasthan HIGHEST CRIMES 2 41,550 AGAINST WOMEN – STATE Maharashtra WISE 3
4
West Bengal
30,394
37,144
Source: The Times of India - 2019
Source: Gettyimages - 2018
8
PHOTO BY CANVA DESIGN
RAPE
COVERING STATUTORY AND INCESTUOUS RAPE
Statutory rape is an offence involving sexual intercourse with a minor under the age authorized by legislation, typically referred to as the "age of consent." Rape is India's fourth most common crime against women. According to the National Crime Records Office (NCRB) yearly survey for 2019, 32033 cases of rape were documented across the nation. There was an estimate of 88 cases per day, marginally lower than in 2018 when 91 cases were recorded daily. Of all these, 30,165 rapes were initiated by the victim's identified attackers. Victims' voices usually go unheard or they do not receive help from society or the system. Minors who are victims of these acts live traumatic lives, leading to significant psychological damage. People who commit these crimes should face harsh punishment.
1,704
215
rape cases in first 10 months of 2014
Source: Gettyimages - 2019
Any sexual contact involving close relatives is referred to as incest. Incest requires mutual consent, but incestuous rape does not. Incest rape is on the rise, with alarming effects such as psychological abuse, suicide, drug addiction, honour killing, and prostitution. While several laws are dealing with sexual assault, the Indian Penal Code does not specifically address incest as an offence but does consider incestuous rape to be one.
cases of incestuous rape Offenders and cases Father
43
Uncle or Cousins
36
Brother
27
Stepfather
23
Others
86
Source: Hindustan Times - 2019
People can be motivated by psychological factors to engage in such unjustified actions. Factors such as the accused's own life tragedies, mental distress such as anger, personal inadequacy, poor self-esteem, and pathological personality characteristics are often thought to be triggers.
9
PHOTO BY CANVA DESIGN
ACID ATTACKS The deliberate throwing of acid on a woman, usually on her face, is known as an acid attack. Acid attacks cause intense pain, irreversible disfigurement, illnesses, and sometimes blindness in one or both eyes, in addition to causing psychological distress. India is known to have a few of the worst acid attack cases than anywhere else in the world.
350 300 250 200 150 100 50 0
2014 INCIDENTS
The Leaflet reports that the victims of acid attacks face a life of seclusion in society as a result of their ordeal. They are denied job opportunities, and there is inherent and ongoing prejudice against them based on their appearance, leading them to be labeled as "social outcasts," robbing them of their life and personal liberty.
COMMON REASONS THAT ACID ATTACKS TAKE PLACE The central government has set up a Central Victim Compensation Fund scheme that offers compensation to victims of acid attack, rape, etc. Common reasons that come forward are: Serious threat to his masculinity. Refusal to a marriage proposal Non-payment of dowry demands Refusal to grant sexual favours.
2015 VICTIMS
2017
2018
2019
PERSONS CHARGESHEETED
Source: Poverty Pollution Persecution - 2020
Acid Attack cases in India 2010-2019 400 300 200 100 0
2019 2018 2017 2016 2015 2014 2013 2012 2011 2010
Source: NCRB Data
JUSTICE FOR ACID ATTACK VICTIMS The central government has set up a Central Victim Compensation Fund scheme that offers compensation to victims of acid attack, rape, etc.
11
PHOTO BY CANVA DESIGN
DOWRY DEATHS Dowry can be described as a proportion of a bride's property or money given to her husband in the course of their marriage. According to India Today, 21 lives were lost every day in 2017 due to dowry issues. Women were either burnt alive or forced to commit suicide if they did not meet dowry demands. Source: academike - 2019 Even though the Indian government has implemented laws to ensure the dowry system is Dowry Deaths In India no longer viable, the practice still takes place.
India has by far the largest number of dowryrelated deaths worldwide. In 2012, there were 8,233 dowry death cases recorded across India. This means that a bride was burnt every 90 minutes, or that dowry conflicts kill 1.4 women per 100000 every year in India. Total number of dowry death cases reported across major cities in India in 2019
Mumbai 7.6%
Delhi 51.1%
Patna 10.2%
Lucknow 13.3%
Bengaluru 17.8% Source : Crime in india 2019- volume 1, page 87
PHOTO BY CANVA DESIGN
8383
8391 2009
2010
8618 2011
8233 2012
8083
2013
Source: Global Gender Justice - 2017
WHY DOES THE DOWRY SYSTEM STILL EXIST? In India, the dowry system was abolished in 1961. The religious culture that values men over women is the explanation for the existence of this tradition. In many Indian cultures, boys have a rate card. This is the unofficial value of the boy. And a boy's worth is determined by the amount of dowry he will receive upon marriage.
12
PHOTO BY CANVA DESIGN
HONOR KILLINGS The killing of a family member, especially a girl or woman, who is believed to have brought shame onto the family is called an honour killing. Honour killings are mainly carried out to prevent women from choosing their own partners in marriage. According to The Times of India, India experienced more than 300 cases of honour killings prior to 2018. In 2015, 251 people died as a result of honour killings which is a significant increase of 796% from 2014. The New York Times reported, in June 2012, a father axed off his daughter's head when he found out she had eloped with a man. According to The Times of India, in 2016 Uttar Pradesh had the highest number of honour killings at 16 cases.
Source: Gettyimages - 2017
HONOR KILLING IN INDIA PER YEAR
1000 cases of Honor Killing takes place in India every year out of which 900 belongs to Haryana, Punjab and UP 100 belongs to rest of India
Source: PassBlue - 2014
Source: Slideshare - 2016
13
PHOTO BY CANVA DESIGN
Domestic Violence
IN INDIA
According to the UN Global Database on Violence against Women, 288% of ever-married women in India within the age group of 15-49 experienced physical or sexual violence at the hands of their partner. This was a startling percentage of women in India that underwent domestic violence from 2015-2016.
Source: Journal of Epidemiology & Community Health 2020
Source: Legal Thirst 2020
Source: Getty Images
14
PHOTO BY CANVA DESIGN
More Statistics. Taken from official sources.
60,000
40,000
20,000
0
la gn dn eB ah tse hs kar W ed at ar arP tU up r a an irT ttU ag ud nal aN eT m l i kk ima T na iS ht ba saj jn aR a uP h si d dn O al ma aga ro N ay ziM al ru ahg pi eM n ar aM th hs sar ed ah a ar aM l er P a y ak eK hd aM at dn anr ah aK ri kra mh h J hs saK ed & an arP umm ay la a J ta ra hc H a r mi a H ao juG G hr ag ra sit t h iB ahC ma ss hs A ed h ar s ed P l a ah r P ca ar nu h dn rA A
Source: NCRB Crime against Women (IPC + SLL) 2019 - State Wise
Other 21.5%
Cruelty by Husband or His Relatives 30.9%
Rape 7.9% Kidnapping and Abduction of Women 17.9%
Assault on Women with Intent to Outrage her Modesty 21.8%
Source: NCRB DATA 2019 (Total crimes against women)
15
PHOTO BY CANVA DESIGN
GOVERNMENT ACTION AND REGULATION AGAINST FEMICIDE AND RAPE. 150,000
100,000
50,000
20 19 20 18 20 17 20 16 20 15 20 14 20 13 20 12 20 11 20 10
0
Source: NCRB Crime in India 2010-2019
Dowry Deaths
The development of the role of women in the last 2 centuries has been nothing but remarkable. The creation of laws and the evolution of more progressive rights for women has been beneficial to everyone globally. Even so, these laws are yet to take fruition in India. The laws created to protect women and children are riddled with loopholes and do not benefit anyone because of a rather corrupt system. The Government of India (henceforth referred to as GOI) regularly update their laws for women but a lot of them are not able to take advantage of the provisions.
Sexual Harassment* Rape
Source: Geo News - 2018 *Sexual Harassment cases for 2010-2013 are not available
16
GISED AVNAC YB OTOHP
LAWS SPECIFICALLY FOR THE WOMEN OF INDIA As mentioned in the Indian Penal Code, the GOI has created several laws to protect the safety and dignity of a woman. Laws and bills in action currently and to be bought within the next few years include, but are not limited to:
The Sati (Prevention) Act, 1987 – Extending to the whole of India except the state of Jammu And Kashmir. Notwithstanding anything contained in the Indian Penal Code (45 of 1860), whoever attempts to commit sati and does any act towards such commission shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. Dowry Prohibition Act, 1961 – If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable 2 [with imprisonment for a term which shall not be less than 3 [five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more].
2,78,886 Source: The Times of India - 2019
rape cases over the last 10 years under SEC 376 of the IPC
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
2 17
Section 313 under the IPC – Causing miscarriage without woman’s consent.—Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Section 314 under the IPC – Death caused by act done with intent to cause miscarriage.—Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Source: Feminism in India - 2020
NGISED AVNAC YB OTOH
Section 315 under the IPC – Act done with intent to prevent child being born alive or to cause it to die after birth.—Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
18
Section 317 under the IPC – Exposure and abandonment of child under twelve years, by parent or person having care of it.—Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Section 375 under the IPC, covers rape. except sexual intercourse by a man with his own wife, the wife not under 15 years of age is NOT rape. The Protection of Women from Domestic Violence Act, 2005 – An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto.
Murder with rape
Rape cases in which accused are family members
116 6 8 125 129
Rape cases in which accused are friends/neighbours/employers Rape cases in which accused are online friends, live-in partners/on pretext of marriage Rape cases in which accused are known to victims Sexual harassment Molestation
50 9 588 560 520 1,194 1,237 552 456 2,705 2,355
CRIMES BY JUVENILES 112
99
RAPE
Source: Hindustan Times - 2020
The Criminal Law (Amendment) Act, 2018 (Rape cases) – According to Yamini at National Law University, Jodhpur, these laws came into action after the public outrage on the 2012 Delhi case. The Act recognises the broad range of sexual crime that can take place and aims to reduce it. The Act also makes it easier for rape victims to report
NGISED AVNAC YB OTOHP
153
Dowry death
Source: Hindustan Times - 2020
CRIMES AGAINST WOMEN
19
PHOTO BY CANVA DESIGN
STEPS TAKEN BY THE GOI TO PROTECT AND EMPOWER WOMEN. Repeated revision of criminal laws is one of the ways the GOI works towards protecting the women and girls of India. Other approaches include: Emergency Response Support System – provides a nation-wide emergency number [112]. Zero Tolerance Policy –As reported by India Today, the government has set up the Zero Tolerance Policy that aims at zero tolerance towards violence against women, and more efficient delivery of justice. Launch of ‘National Database of Sexual Offenders’ (NDSO) 2018 – It is intended to ease the process of tracking and investigation of sexual offenders across the country. The NDSO is managed by the National Crime Records Bureau. As of January 2021, the total number of sex offenders in India has officially hit 1 million. Set up of the Women Safety Division – The Ministry of Home Affairs set up the Women Safety Division for better coordination among different initiatives for women safety in May 2018.
Source: Gettyimages - 2019
Central Victim Compensation Fund Scheme (CVCF) - The compensation dimension of victim recovery, including rape, is regulated by Section 357A of the Code of Criminal Procedure, which states that each State Government, in collaboration with the Central Government, shall prepare a scheme for providing funds for victim compensation. The government has set up a Central Victim Compensation Fund (CVCF) with an initial fund of Rs 200 crores* to assist victims of rape, acid attacks, human trafficking, and women killed or wounded in a cross-border shooting. *1 Crore= 1,000,000
20
PHOTO BY CANVA DESIGN
HOW DOES THE JUSTICE SYSTEM FAIL VICTIMS ? By far the simplest 'crime against women' to commit is sexual harassment. The Indian government maintains a National Sexual Offender Registry (as per the National Crime Records Bureau) that is updated regularly, but overall, the system continues to fail victims who speak out. Victims and their families face several challenges while trying to get justice. India has a very popular trend of victim-shaming, which makes it even more difficult for victims to prove their innocence. For example, the clothing worn by the victim, time of day, who the victim was with, etc. are considered "consent to commit a sexual act" by people. As reported by Bhartiyastree Shakti, delayed justice process, refusal to believe victim, basing evidence on the "cultural background" of the victim are also ways the justice systems fails the victims of assault and rape.
Incidents like these can be stopped with help of good values -'na shashan se, na talwar se'. All parents should teach their daughters good values. It is the combination of governance and good values. It is the combination of governance and good values that can make the country beautiful. - BJP MLA, Surendra Singh, victim-blaming The statement provided by the BJP (ruling party) Member of Legislative Assembly (MLA) on the Hathras rape case in Uttar Pradesh. He blamed the parents of the victim for the rape. "Na shashan se, na talwar se" - Not by government, not by sword
This is what the defence attorney on the infamous Nirbhaya case said when attempting to support his stance and clients.
If my daughter or sister engaged in premarital activities and disgraced herself and allowed herself to lose face and character by doing such things, I would most certainly take this sort of sister or daughter to my farmhouse, and in front of my entire family, I would put petrol on her and set her alight. - Advocate M.L. Sharma, victim-blaming Nirbhaya
If this what the pillars of the judicial system say on matters like so, how are people meant to look up to them?
Source: Gettyimages - 2019
Vindicating culprits of such heinous crimes, instead of instilling accountability within them is the classic approach used by a lot of the judicial members in India. Going as far as forcing the assault/rape victims to marry their perpetrator.
21
MEDIA REPRESENTATION ON CRIMES AGAINST WOMEN Legal Services India examines the past of the media's insensitivity to victims. Although some victims have had a positive encounter with the media, others have had a traumatic and exhausting experience. The level of sensitivity received by the victim will, of course, be determined by the individual(s) with whom the victim is dealing with. Sumedha Pal of the London School of Economics focuses on how the media exaggerates the victim's personal information but not the offenders, which justifies violent masculinity. She adds that in order to sell out copies, news publications often highlight items that seem to align with the tastes of their reader base than highlight the actions of the perpetrator(s).
Source: Global Citizen - 2015
According to Newslaundry, the Indian media exposed a 8 year old girl's name who was a victim of rape to the public. Even though the Supreme Court Justice ruled that the media could not release a rape victim's name to the public even if said victim dies. However, this mistake was repeated and the girl's name as well as her photograph was all over social media. This is traumatizing to the girl's family and puts them through more of an emotional turbulence. The Hindustan Times reported that Indian journalists hound the rape victim's neighbours and family in order to get more information. This is a gross invasion of the victim's privacy who may not want this incident to be made public. While media coverage on rape may be on the rise, sometimes they forget the violent and emotional experience the victim has suffered.
Source: Gettyimages - 2019
Source: Gettyimages - 2014
22
NGO's HELPING THE SOCIAL CAUSE DOCTORS WITHOUT BORDERS, SAFE INDIA, AKSHARA CENTER, UN WOMEN Keeping in mind the seriousness of the issues highlighted previously in the magazine, there are official NGO's that are set up with the intention to provide assistance to the victims and their families. A few of them are discussed on this page. All information on the NGO's have been taken from their official websites
DOCTORS WITHOUT BORDERS Doctor's Without Borders or Medecins Sans Frontieres is a French NGO, currently headquartered in Switzerland. They aim to provide medical assistance all around the world. They have a few bases set up in India as well where they help with various illnesses and problems, one of them being sexual abuse. Medical Certificates Post-exposure prophylaxis to prevent sexually transmitted infections, such as HIV, syphilis and gonorrhoea. Offer emergency contraceptives for female victims to prevent unwanted pregnancy. Treatment for physical injuries Pregnancy tests for female victims Support for female victims Psychological care
SAFE INDIA SAFE works for the welfare of various sectors within the nation. One of their prominent tasks is their contribution to the welfare of 'Helpless Women.' They work to create a safe environment for child-birth, eradicate violence against women, fight against victimisation of girls/women by anybody.
Source: U.S. News & World Report - 2013
270 cases
302 cases
January
March
302 cases
Source: MSF 2019 - Outreach in India
DOMESTIC VIOLENCE CASES 2020
February Source: SheThePeopleTV, 2020
23
NGO's HELPING THE SOCIAL CAUSE DOCTORS WITHOUT BORDERS, SAFE INDIA, AKSHARA CENTER, UN WOMEN
ACTIONAID INDIA 22%
In 2016, 22% of women aged 15-49 years reported that they had been subject to physical and/or sexual violence by a current or former intimate partner in the previous 12 months.
Source: UN Women - India, 2016
AKSHARA CENTER The Akshara Centre is a non-profit women's organisation and resource centre dedicated to the welfare and protection of women and young girls.
ActionAid India works towards social justice for women. The organisation has been working with communities in India who are neglected since 1972. Their main aim is to ensure people are able to lead their lives with dignity. They provide counselling to victims of sexual abuse as well as legal and medical help along with shelter homes and social rehabilitation. They also teach young women about sexual and reproductive health. Also, they've taken steps to educate men and young boys about women's rights.
They have a large volunteer base and a number of ambassadors contributing to aid their cause. They develop gender -specific educational materials on violence towards women and also educate young men on gender equality. they constantly pressure the police in the city for a better emergency helpline for women and work with transit authorities to ensure women's safety Source: Times of India - 2020
24
Glossary Cohabiting: When two unmarried people, particularly a male and a female, cohabit, they live together to have a sexual relationship. Incestuous - Sexual contact between individuals who are related but who are not lawfully permitted to marry.
Dehumanising - To take away an individual's specific personality traits such as rational reflection, compassion towards one another, and so on. Persecuting - To treat somebody unjustly or brutally over time due to their ethnicity, faith, or political views, or to frustrate somebody by declining to let them alone. Collateral – Valuable assets owned by a borrower which they agree would become the property of the corporation or individual whoever provides the money if the debt is not repaid in full. However, in this context, the word is being used to show that the victim was a valuable property of the intended victim. Bigotry - The act of possessing and displaying deep, ridiculous beliefs, as well as hating those who hold different beliefs or live in a different way.
Coercion - Usage of violence to convince others to do something they do not want to do. Premarital - Before marriage Vindicating - To show that what someone said or did was correct or accurate after everyone else presumed it was incorrect. Instilling - To slowly create a feeling, concept, or theory in somebody's head which might have a strong impact on how that person thinks or acts. Taboo - A topic, term, or behavior that is forbidden for religious or cultural reasons. Promiscuous - (of an individual) having a number of sexual partners or connections, or (of sexual history) covering a number of partners. Voyeuristic - referring to someone who enjoys secretively observing others, specifically in sexual activities. Mitigated - To make the situation less dangerous, painful, or bad. Garner - To obtain something after a great deal of effort or difficulties. Redressal - Remedy or compensation for a wrong or grievance.
G1
Glossary Epidemiology - The scientific study of sicknesses and how they are identified, transmitted, and monitored in populations. Rampant - (Especially of something unwelcome) flourishing or spreading unchecked. Consent - Permission for something to happen or agreement to do something. Coercing - Persuade (an unwilling person) to do something by using force or threats. Trauma - Emotional shock following a stressful event or a physical injury, which may lead to long-term neurosis. Triggers - (Especially of something read, seen, or heard) distress (someone), typically as a result of arousing feelings or memories associated with a particular traumatic experience. Inadequacy - The state or quality of being inadequate; lack of the quantity or quality required. Prophylaxis - Treatment given or action taken to prevent disease. Contraceptives - A device or drug serving to prevent pregnancy. Empowerment - The process of becoming stronger and more confident, especially in controlling one's life and claiming one's rights. Ambassadors - An accredited diplomat sent by a state as its permanent representative in a foreign country. Fruition - The realisation or fulfilment of a plan or project. Loopholes - An ambiguity or inadequacy in the law or a set of rules. Sati - A former practice in India whereby a widow threw herself on to her husband's funeral pyre. Sex offenders - A person who commits a crime involving a sexual act. Femicide - The crime of killing a woman or women; an occasion when this happens Patriarchs - The male head of a family or tribe. Matriarchs - A woman who is the head of a family or tribe. Gender sensitivity - The awareness informed propensity to behave in a manner which is sensitive to gender justice and gender equality issues. Entails - involve (something) as a necessary or inevitable part or consequence.
G2
F E M C I D E
M A G A Z I N E
Acknowledgements This magazine is an accumulation of hard work and countless research. However, this could not have been completed without the help of certain individuals. We would like to express our sincere thanks to our professor, Ms. Maha Tazi for encouraging us to explore our creativity, for her feedback regarding the magazine and for putting us in touch with gender based violence experts. We would also like to express our gratitude to Ms. Sabin Muzaffar, the founder of Ananke magazine for providing us with an expert statement and for giving us tips on how to improve the magazine. She provided us with valuable insight on gender violence in India. This tremendously helped us in creating our magazine. In addition to this, we would like to thank our friends and family for providing their untimely support to this project.
F I N .