Gender-Based Violence (GBV) refers to harmful acts directed at individuals based on their gender, and it is a widespread problem that transcends borders, cultures, and social strata. GBV is a reflection of underlying gender inequalities, and it perpetuates cycles of power imbalances. It can take numerous forms, including physical, sexual, emotional, and psychological abuse.

While women and girls are disproportionately affected by GBV, men, boys, and non-binary individuals are also at risk. It is important to recognize that GBV not only harms the individuals directly involved but also disrupts communities, undermines social cohesion, and hampers development. GBV is often rooted in deeply entrenched societal norms, making it a complex issue that requires comprehensive legal, cultural, and societal responses to address.

Historical Background

Ancient and Medieval India

In ancient and medieval India, patriarchal systems were firmly in place, and gender-based violence was normalized as part of the social structure. Ancient texts, such as the Manusmriti, which was widely influential, codified the subjugation of women. These texts prescribed strict gender roles, positioning women as inferior to men and placing them under the control of their fathers, husbands, and sons. Women's lives were primarily focused on managing domestic responsibilities, and their worth was often determined by their ability to bear sons or uphold family honor.

Harmful practices were entrenched in society during this period, such as child marriage, where girls were married at very young ages to maintain societal norms of chastity and propriety. Sati (the practice of widows self-immolating on their husbands' funeral pyres) was seen as a demonstration of extreme loyalty to deceased husbands, although it was forced upon widows and often resulted in violent deaths.

Similarly, female infanticide was widespread, with daughters being killed at birth due to the perceived economic burden of the dowry system. Women's sexual autonomy was restricted, and their bodies were treated as symbols of family and community honor. This belief system led to practices like honor killings, where women who defied norms, especially in the context of marriage and relationships, were killed to "restore" the family's honor.

Additionally, some religious practices, such as the devadasi system, institutionalized sexual exploitation under the guise of religious duty. Young girls were dedicated to temples, where they were often subjected to sexual abuse and exploitation, making the devadasi system a clear form of gender-based violence cloaked in spiritual practices.

Colonial India (1757–1947)

The colonial era, particularly under British rule, saw both a continuation and transformation of the patriarchal structures that contributed to GBV in India. British authorities did not necessarily challenge existing gender norms but rather reinforced them while introducing new forms of exploitation. Colonial rule led to increased violence against women, with many being subjected to sexual violence by British soldiers and authorities, particularly during uprisings like the Revolt of 1857, where women were brutalized as part of colonial repression.

Social reform movements in the 19th century, however, began to challenge the entrenched practices of GBV. Reformers such as Raja Ram Mohan Roy and Ishwar Chandra Vidyasagar advocated for the abolition of practices like sati and promoted the rights of women. The abolition of sati in 1829, under British Governor-General Lord William Bentinck, was a major step forward. This was followed by the Widow Remarriage Act of 1856, which legalized the remarriage of widows, a practice that was traditionally prohibited in Indian society. However, despite these reforms, many women continued to suffer under the exploitative and patriarchal norms that remained pervasive during colonial rule.

Colonial economic policies also exacerbated the vulnerability of women, particularly during famines and economic hardships. Many women were pushed into exploitative labor conditions or prostitution due to widespread poverty. Additionally, trafficking of women for sexual exploitation increased during this period as families, particularly those from marginalized communities, were forced to sell daughters in exchange for survival during times of crisis.

Post-Independence India (1947-Present)

1. Legal Reforms: After India gained independence in 1947, the newly established government began enacting reforms aimed at ensuring gender equality and addressing the problem of GBV. The Indian Constitution of 1950 guaranteed equality before the law and included specific provisions for gender equality (Articles 14, 15, and 16). These constitutional guarantees were foundational in the fight against GBV. However, these constitutional guarantees alone were not enough to eradicate the deeply ingrained patriarchal norms that perpetuated violence against women. Over the years, India has passed several significant laws to combat various forms of GBV.
   
   Key legislative measures include:
   • The Dowry Prohibition Act of 1961, which sought to prevent dowry-related violence.
   • The Protection of Women from Domestic Violence Act of 2005, which provides civil remedies for survivors of domestic violence.
   • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013, which aims to address workplace harassment.
   While these laws have been a significant step in the legal battle against GBV, their implementation has been hindered by factors such as insufficient enforcement, lack of awareness, and persistent patriarchal attitudes in society.
    
2. Persistent Practices: Despite legal reforms, many harmful practices continue to affect women and marginalized groups. Dowry violence, though prohibited under law, remains rampant, with dowry-related harassment, domestic abuse, and bride-burning still widespread in various parts of India. Similarly, honor killings, though illegal, continue to occur, particularly in rural areas, where families use violence to assert control over women's choices in marriage and relationships. Sexual violence also remains a major issue, as highlighted by high-profile cases such as the 2012 Delhi gang rape (Nirbhaya case), which sparked widespread protests and led to significant legal changes, including the introduction of harsher penalties for sexual crimes. However, the challenge of tackling sexual violence remains immense, as victim-blaming, social stigma, and underreporting continue to prevent many survivors from seeking justice.
    
3. Cultural Norms and GBV: Deep-seated patriarchal attitudes continue to shape Indian society, influencing social norms and gender roles. These attitudes often result in the victim-blaming of women, particularly in cases of sexual violence. Victims are frequently subjected to public scrutiny and are blamed for their own suffering, leading to underreporting and a lack of justice. Such attitudes also encourage the underreporting of GBV; many women, particularly in rural areas or in marginalized communities, remain silent due to fear of social ostracism or retaliation from their families or communities. Despite legal provisions and progressive policies, cultural and societal acceptance of gender inequality continues to perpetuate GBV.

Constitutional Framework

• Article 14 of the Indian Constitution guarantees equality before the law, ensuring that both men and women are treated equally under the legal system.
• Article 15 prohibits discrimination on the grounds of sex, allowing the state to enact laws that provide special protection for women and children.
• Article 21 safeguards the right to life and personal liberty, which has been interpreted to include the right to live with dignity, free from violence.

The Directive Principles of State Policy (Articles 39 and 42) direct the state to ensure equal pay for equal work and to provide humane working conditions, particularly for women. These provisions form the legal backbone of gender equality in India and underscore the importance of addressing GBV.

Legislative Measures Against GBV

1. Criminal Laws:
   • The Indian Penal Code (IPC) contains several provisions that directly address GBV, such as Section 375 and 376, which define and penalize rape; Section 354, which criminalizes assault intended to outrage a woman's modesty; and Section 498A, which addresses cruelty by husbands or their relatives, often linked to dowry-related violence.
   • The Protection of Children from Sexual Offences (POCSO) Act, 2012 focuses on preventing and penalizing sexual offenses against children, ensuring that child victims are treated with sensitivity and provided protection during the legal process.
   • The Criminal Law (Amendment) Act, 2013 introduced stricter penalties for sexual violence, including acid attacks, stalking, and voyeurism, in response to the outrage sparked by the Nirbhaya case.
      
2. Laws Addressing Domestic Violence:
   • The Protection of Women from Domestic Violence Act, 2005 provides civil remedies for women suffering from domestic violence, including protection orders, residence orders, and monetary relief. This law is crucial in protecting women from ongoing abuse within the home, a space that is often viewed as private and beyond the reach of law enforcement.
      
3. Laws Against Dowry Violence:
   • The Dowry Prohibition Act, 1961 criminalizes dowry-related violence and harassment. It aims to reduce dowry-related deaths and other forms of abuse linked to the dowry system, a practice that continues to be a major cause of GBV in India.
      
4. Workplace Harassment:
   • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 mandates that workplaces establish Internal Complaints Committees (ICCs) to address complaints of sexual harassment and provides a legal mechanism for redressal.
      
5. Anti-Trafficking Laws:
   • The Immoral Traffic (Prevention) Act, 1956 tackles trafficking for sexual exploitation, and the Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, 2018 (pending parliamentary approval) proposes comprehensive measures to address trafficking for both labor and sexual exploitation.
      
6. Child Marriage and Protection:
   • The Prohibition of Child Marriage Act, 2006 criminalizes child marriage and prescribes penalties for those involved in conducting or promoting such marriages, while the Juvenile Justice Act, 2015 addresses crimes against children, including trafficking and forced labor.
      
7. Caste-Based and Communal GBV:
   • The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 protects marginalized communities from caste-based violence, including sexual violence. This law acknowledges the intersectionality of caste and gender and seeks to offer justice to women from marginalized communities.

Judicial Interventions and Perspectives

The Indian judiciary has played a crucial role in shaping the legal landscape concerning GBV through landmark rulings and judicial interventions. These decisions have often provided critical interpretations of existing laws and have led to more comprehensive protective measures for victims of violence.

1. Rape and Sexual Violence:
   • In Vishaka v. State of Rajasthan (1997), the Supreme Court established guidelines for preventing sexual harassment at the workplace, which were later incorporated into the Sexual Harassment of Women at Workplace Act, 2013.
   • The Nirbhaya case (2012) triggered major legal reforms, resulting in the Criminal Law (Amendment) Act, 2013, which introduced stricter penalties for sexual offenses.
   • State of Punjab v. Gurmit Singh (1996) emphasized the importance of in-camera trials and the protection of the survivor's identity in rape cases, ensuring that victims are not further traumatized during the legal process.
      
2. Domestic Violence:
   • Indra Sarma v. VKV Sarma (2013) expanded the definition of "domestic relationship" under the Protection of Women from Domestic Violence Act, 2005, to include live-in relationships, thereby broadening the scope of the law to protect more women.
      
3. Dowry Harassment:
   • In Shiv Kumar v. Hukam Chand (1999), the Supreme Court reiterated the importance of strictly enforcing the Dowry Prohibition Act, urging the government and law enforcement to prevent dowry-related violence.
      
4. Child Marriage and Sexual Exploitation:
   • In Independent Thought v. Union of India (2017), the Supreme Court ruled that sexual intercourse with a minor wife, even within the context of child marriage, constitutes rape, offering greater protection to young girls married off at a young age.
      
5. Acid Attacks:
   • The Laxmi v. Union of India (2013) case set a landmark precedent, resulting in regulations controlling the sale of acid and ensuring free medical treatment for acid attack survivors.
      
6. Caste-Based Violence:
   • In the Khairlanji Massacre Case (2006), the court addressed caste-based violence and the intersectionality of caste and gender in GBV, ensuring that marginalized women were given justice despite societal resistance.
      
7. LGBTQ+ and Gender Minorities:
   • In Navtej Singh Johar v. Union of India (2018), the Supreme Court decriminalized consensual same-sex relationships, recognizing the vulnerabilities of LGBTQ+ individuals to violence and discrimination.

Conclusion
Gender-Based Violence (GBV) continues to be a critical issue in India and globally, with profound impacts on individuals, families, and communities. Although significant strides have been made through legal reforms and judicial interventions, entrenched patriarchal norms and societal attitudes still hinder the full realization of gender equality.

Addressing GBV requires a multifaceted approach that includes stronger enforcement of laws, ongoing cultural transformation, and sustained efforts by governments, civil society organizations, and individuals to challenge gender inequalities. Creating a society free from GBV is not just a legal or political challenge; it is a moral imperative that requires collective action at all levels of society.