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GENDER
Violence against women is a reality that denies women and girl’s equality, security, dignity, self-worth and their right to enjoy fundamental freedoms. It limits women’s choices directly by instilling fear in them, destroying their health, limiting mobility, controlling their sexuality, limiting access to resources and services. Indirectly, it impacts on a woman’s self confidence, self-esteem and self-identity.
In India, the position of women continues to be poor. Nearly 60% of women in rural India marry before the age of 18 and 60% of married women become mothers before they turn 19/85% of women workers earn only 50% of the official poverty line income and have no access to social security. The female literacy rate is 54%. Close to 189 million women still lack the basic ability to read and write (UNIFEM). In such a situation, where women lack awareness about their legal rights, have little decision-making powers and where women’s status remains low, gender based violence is perpetuated.
Gender is a social, economic and cultural dimension, which cuts across all areas and sections of development, and has crucial implications for the achievements of all development activities.
Gender is often confused with sex. However, sex generally refers to biology and anatomy. People are said to be of the male sex or the female sex, as determined by three sets of characteristics: external sex organs, internal sex organs, and secondary sexual development at puberty. The word sex is also used to mean sexual intercourse or activity.
By contrast, gender refers to a set of qualities and behaviors expected from a female or male by society. Gender roles are acquired role and can be affected by factors such as education or economic. They vary widely within and among cultures. While an individual's sex does not change, gender roles are socially determined and can evolve over time.
Gender roles and expectations are often identified as factors hindering the equal rights and status of women with adverse consequences that affect life, family, socioeconomic status, and health. For this reason, gender, like sexuality, is an important element of family planning and reproductive health services.
 Health Consequences of Gender-based violence
Gender, violence can cause maternal death and it may also result in miscarriage or prenatal death. It may also lead to unwanted pregnancy, HIV/AIDS and other STDs either through sexual abuse, including forced intercourse within marriage, or by affecting a woman’s ability to negotiate contraceptive use. Fear of violence may be a major deterrent to women’s contraceptive use. In a survey conducted in India husband’s opposition was found to be the 4th most common response by the respondents as the barrier against use of contraception. (National Family Planning Survey, India 1992-93, International Institute of Population Sciences. Mumbai: IIPA, 1995).
Besides the physical consequences of exposure to abuse and violence is the damage to women’s mental health. Mental violence like verbal abuse, harassment and deprivation of women of physical and financial resources, may in many instances be more widespread than physical violence and battering. Such forms of non-physical violence create fear and undermine the security and self-confidence of women, diminishing their coping capacity and making them vulnerable to a range of mental disorders.
The various fatal and non-fatal outcomes of gender-based violence are
Health consequences of violence against women
- Non-fatal outcomes
a) Physical health outcome
- Injury (from lacerations to fractures and internal organ injuries)
- Unwanted pregnancy
- Gynecological problems
- STDs including HIV
- Miscarriage
- Pelvic inflammatory diseases
- Chronic pelvic pain
- Headaches
- Asthma
- Irritable bowel syndrome
- Self-injurious behaviour (e.g. smoking, unprotected sex)
b) Mental health outcomes
- Depression
- Fear
- Anxiety
- Low self-esteem
- Sexual dysfunction
- Eating problems
- Obsessive-compulsive disorder
- Post-traumatic stress disorder
- Fatal outcomes
- Suicide
- Homicide
- Maternal death
- HIV/AIDS
Legal Safeguards
The Indian Constitution prohibits discrimination on the ground of sex and guarantees equality. There are several laws specifically for women and constitutional safeguards, which are available to women.
Legal Safeguards for women
Marriage
(i). the Hindu Marriage Act, 1955
(ii). The Special Marriage Act, 1954
(iii). The Child Marriage Restraint (Amendment) Act, 1979.
Succession
(i). the Hindu Succession Act, 1956
(ii). The Indian Succession Act, 1925
Domestic Violence
(i). The Dowry Prohibition Act, 1961
(ii). The Commission of Sati (Prevention) Act, 1987
(iii). Section 498 of I.P.C-Cruelty to a woman within the matrimonial home.
Sexual offences
(i). Rape:
- Sections 375 and 376 of The Indian Penal Code (IPC)
- Section 228-A of the IPC
- Sections 114-A of the Indian Evidence Act, 1872 (I.E.C)
(ii). Attempt to Commit Rape – Section 511 of I.P.C.
(iii). Assault Against Woman with Intention to Outrage her Modesty – Section 354 of I.P.C.
(iv). Insulting the Modesty of a Woman by Word, Gesture or Act-Section 509 of I.P.C.
(vi). The Indecent Representation of Women (Prohibition) Act, 1986.
Women at work
(i). The Indian Constitution-Articles 14, 15, 16 and 39
(ii). Labour laws such as:
- The Employee’s State Insurance Act, 1948
- The Maternity Benefit Act, 1961
- The Factories (Amendment) Act, 1948
- The Equal Remuneration Act, 1976.
- The Plantation Labour Act, 1951
- The Mines Act, 1951
- The Beedi and Cigar Workers (Conditions of employment) Act, 1966
- The Contract Labour (Regulations and Abolition) Act, 1976.
Prostitution
(i). Article 23 of the Constitution.
(ii). Immoral Traffic (Prevention) Act, 1956
(iii). Sections 372 and 373 of I.P.C.
(iv). Sections 360 and 371 of I.P.C.
Miscellaneous
(i). The Medical termination of Pregnancy Act, 1971
(ii), The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
(iii). The Family Courts Act, 1986
(iv). The Criminal Law (Amendment) Act, 1983.
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