Violence against women is a critical issue in India, affecting millions of women across all society. It is a manifestation of historically unequal power dynamics between men and women and is deeply rooted in a patriarchal society. Despite the implementation of numerous laws aimed at protecting women, the prevalence of gender-based violence remains a persistent challenge.

What is violence against women: Violence against women in India encompasses physical and sexual violence, as well as domestic abuse directed at women. For an act to be classified as violence against women, it must be perpetrated solely because the victim is female.

Recent scenario: According to recent estimates from the World Health Organization (WHO), about 30% of women around the globe endure physical or psychological violence at some point in their lives. This staggering statistic highlights the pervasive nature of violence against women, transcending geographical, cultural, and socio-economic boundaries.

Background of women status in society:
The status of women in India has evolved significantly over time, influenced by historical, cultural, and social changes.

Vedic period
During the Vedic period (1500–500 BCE), women in India enjoyed a relatively high status in society. They had access to education, participated in religious rituals, and had considerable freedom in choosing their life paths. They had rights of :

• Social and Educational Rights
• Freedom for Marriage
• Equal Rights and Respect

Pre-Independence period

The status of women deteriorated further during the pre-independence period, largely due to entrenched patriarchal customs, foreign invasions, and the influence of orthodox practices. At that time:

1. Sati pratha
2. Ghughat pratha
3. Child infanticide, etc. was on its peak.

Post - Independence period

After gaining independence in 1947, India made significant efforts to improve the status of women and grant them equal rights in all spheres of life.

Types of violence against women:

1. Psychological Violence
2. Physical Violence
3. Sexual Violence
4. Domestic Violence
5. Spiritual Violence
6. Infanticide

Legal provisions regarding women:

Constitutional Provisions

• Article 14: Guarantees equality before the law and equal protection of the laws.
• Article 15(3): Allows the state to make special provisions for women and children.
• Article 21: Ensures the right to life and personal liberty, which has been interpreted to include the right to live with dignity, free from violence.
• Article 39(a) and (d): Promote equal pay for equal work and ensure that men and women have the right to an adequate means of livelihood.

Criminal Provisions

• Section 376: Defines and prescribes punishment for the crime of rape, including expanded definitions and enhanced punishments under the Criminal Law (Amendment) Acts of 2013 and 2018.
• Section 354: Criminalizes assault or criminal force with the intent to outrage a woman's modesty. Sections 354A, 354B, 354C, and 354D address sexual harassment, voyeurism, and stalking, respectively.
• Section 304B: Addresses dowry deaths and prescribes punishment for anyone who causes the death of a woman due to dowry harassment within seven years of marriage.

Special Legislative Measures

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This civil law provides protection for women from domestic violence, including physical, emotional, sexual, and economic abuse. It offers remedies such as protection orders, residence orders, and monetary relief.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act): This act addresses sexual harassment at the workplace and mandates the establishment of Internal Complaints Committees (ICC) to address grievances.
• The Dowry Prohibition Act, 1961: This act criminalizes both the giving and taking of dowry and aims to prevent dowry-related violence against women.
• The Prohibition of Child Marriage Act, 2006: This law aims to prevent child marriages, which often result in violence against young girls, including early pregnancies, domestic abuse, and deprivation of education.

Challenges:

• Patriarchal Attitudes and Gender Bias
• Lack of Awareness and Education
• Ineffective Implementation of Laws
• Social Stigma and Fear of Repercussions
• Inadequate Support Systems
• Corruption and Misuse of Laws

Solutions:

• Strengthening Law Enforcement and Judiciary
• Raising Awareness and Promoting Education
• Providing Support Services for Victims

Significant cases:

• Vishaka v. State of Rajasthan (1997)
• Laxmi v. Union of India (2014)
• Nirbhaya Case (Mukesh & Anr vs State For NCT Of Delhi & Ors, 2017)

Conclusion:
Violence against women in India is a serious issue requiring a comprehensive response. Despite existing legal protections, societal attitudes and poor law enforcement remain challenges. Empowering women through education and economic opportunities, raising awareness, and enhancing law enforcement are essential to creating a safe and equitable society for all women.