-Abhilasha Sahay[1] and Basit Abdullah[2]
Across the globe, one in three women have experienced some form of gender-based violence (GBV) in their lifetime (WHO, 2018). The UN Declaration on the Elimination of Violence Against Women defines GBV as “any act of gender-based violence that results in or is likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty whether occurring in public or in private life” (UN General Assembly, 1993). GBV may exist in different forms including domestic violence, femicide, sexual harassment, rape, human trafficking, child marriage, online violence, etc.
GBV is widespread in India; according to 2015-16 NFHS-4, 30% of women between 15 and 49 have faced physical violence in their lifetime. As per data reported by National Crime Record Bureau, there has been a continuous rise in the number of GBV cases in past years. For instance, reported cases of crimes against women increased by 7.3% 2019 report as compared to 2018 (NCRB, 2019). With the outbreak of the coronavirus pandemic and the subsequent lockdown, the increase in domestic violence cases also points to the huge gender disparity and vulnerability of women in India. India saw a surge in domestic violence with Covid-19 nationwide lockdown, according to data by the National Legal Services Authority (NALSA) (Times of India, 2020). The reported complaints of domestic violence cases doubled during lockdown according to National Commission for Women’s (NCW) data (Vora et al. 2020).
Owing to the socially sensitive nature of GBV crimes, several cases aren’t reported. In a recent global study – including 24 countries – only 7% of women who had ever experienced violence report it to formal sources such as police, medical facility and social services (Palermo et al. 2013). Similarly, it was found that only 3.5% of victims, according to 2015-16 NFHS-4, sought the help of police. A comparative analysis of NFHS 2015-16 data recorded by National Crime Records Bureau figures suggests that only a fraction (less than 1%) of sexual violence cases are reported (Live Mint, 2018).
According to NCRB report 2019, rape cases account for 10% of all crimes against women, and India reports on an average 88 cases of rape per day. Reported rape cases have almost doubled from 2001 to 2019 in India from 16,075 cases in 2001 to 32033 cases in 2019. Sexual harassment is another serious form of GBV prevalent in India. 21.8% of the GBV cases were reported under the category ‘assault on women with the intent to outrage her modesty (NCRB 2019). Cases of sexual harassment at the workplace have especially increased from 57 in 2014 to 505 in 2019. However, numbers are considered to be much higher than reported. According to a survey by Indian National Bar Association, 38% of the respondents reported that they have faced sexual harassment at the workplace, 69 % reported to have not filed a complaint with the management and dealt with it on their own due to fear, embarrassment, or lack of knowledge about laws and regulations. In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was implemented in India and the definition of workplace includes informal sector and domestic workers as well. However, since 95% of women are employed in the informal sector, the law exists only on paper due to its poor enforcement in the informal sector, according to HRW report 2020.
Homicides in intimate partner relationships remain one of the most prevalent causes of female mortality worldwide (Amin et al., 2016). Of all the murders of women, 38% are committed by their male intimate partners (WHO, 2017). In India, according to National Crime Records Bureau, female dowry deaths account for around 40 to 50 percent of homicide cases recorded annually from 1999 to 2016 (UNODC, 2018).
Domestic violence remains the top crime women in India face. GBV remains a challenge for society at large and the police system in particular. Despite the high prevalence, it is under-reported, which in turn contributes to high prevalence. Survivors of GBV may face several barriers to reporting such as shame and stigma associated with reporting such crimes, perceived impunity for perpetrators, and the normalization of tolerating such crimes in society (Palermo et al 2013). Gaps in criminal law procedures, gender stereotypes, and victim-blaming are considered as significant obstacles to survivors’ reporting of GBV, by UN Office on Drugs and Crime. Financial dependence of women and fear of consequences in the family of reporting are also some common hindrances to reporting domestic violence cases.
Since underreporting remains a major challenge in dealing with GBV, several interventions can help stipulate reporting of GBV cases in India. Special police units comprising women are likely to increase reporting of GBV as female officers are found to be more sympathetic, sensitive, and less authoritative in their attitude towards victims (Amaral et al., 2018). As such, female police officers provide a safe space for women complainants to share sensitive information about their cases. There should be efforts to reduce the stigma attached with reporting GBV, and the information of legal services for GBV victims should be disseminated. Public awareness using mass media can be an important step in this regard. Social movements, by raising awareness and sensitization, can also encourage GBV victims to report (Sahay, 2021).
[1] Sigur Grant Recipient (2021)
[2] Research Assistant hired by Sahay
Abhilasha Sahay, Ph.D. Economics 2021
Sigur Center 2020-21 Research Fellow
George Washington University
References
Amaral, S., Bhalotra, S., & Prakash, N. (2021). Gender, crime and punishment: Evidence from women police stations in India.
Amin, M., Islam, A. M., Lopez-Claros, A., 2016. Absent laws and missing women: can domestic violence legislation reduce female mortality?
Palermo, T., Bleck, J., & Peterman, A. (2014). Tip of the iceberg: reporting and gender-based violence in developing countries. American journal of epidemiology, 179(5), 602-612.
The Times of India. (2020). (Assessed 25th June 2020)
Sahay, A. (2021). The Silenced Women: Can Public Activism Stimulate Reporting of Violence against Women?. Policy Research Working Paper 9566. Africa Region Gender Innovation Lab. World Bank Group.
Vora, M., Malathesh, B. C., Das, S., & Chatterjee, S. S. (2020). COVID-19 and domestic violence against women. Asian Journal of Psychiatry, 53, 102227.
WHO. 2018. Violence Against Women Prevalence Estimates, World Health Organization
I am not surprised. Appeals for these types of criminal cases are difficult. Common cited case here is R. v. John McAughey, 2002 ONSC 2863, you can look it up online. The appeal was for a conviction of assault on a minor in Sprucedale, Ontario in 2000.