CONTEMPORARY ISSUES OF HUMAN RIGHTS VIOLATION IN INDIA.

WOMEN HARASMENT.

INTRODUCTION.
Harassment is an unwanted or offensive behavior in order to make other person feel
uncomfortable. Most of the women’s were victims of these types of evils. The women were
treated as a token of delicacy, enjoyment and has never been treated as humans. According to
“Thomas Reuters Foundation Survey” of “World most dangerous nation for women”, 2018 India
had been ranked number 1. And the National Crime Records Bureau stated that crime against
women have been increased by 15.3% in the year of 2021 in India. The number of crimes against
women were increased form 56.5% to 64.5 % in 2021. Nearly 49 cases of crime against women
were logged in every single hour as per NCRB. In the State of Tamil Nadu the crime against the
women were increased to 43% from the previous year which includes 8500 cases in the year of
2021(NCRB).
OBJECRTIVES:
a) To study the condition of women who were subjected to harassment.
b) To suggest appropriate measures to curb he evils of women harassment.
c) To study the position of India and the world in relation to women harassment.
d) To study the measures taken by the government to prevent women harassment.
WHAT IS HARASSMENT?
Harassment is an unwanted behavior either physically or verbally that makes a person
feel humiliated or mentally distressed. It is an inhuman act which has an adverse effect in a
person’s life.
“FORGETTING IS DIFFICULT, REMEMBERING IS WORSE”.
TYPES OF WOMEN HARASSMENT.
1. Sexual harassment.
2. Quid pro Quo sexual harassment.
3. Verbal abuse.
4. Cruelty.
5. Psychological harassment.
6. Cyber bullying.

HISTORY OF VIOLENCE AGANST WOMEN

 The violence against the women is not a new thing. It has been since the
early times. It includes threats of acts such as coercion or arbitrary deprivation of liberty whether
in public or private life. The United States of America claims that the violence against the
women and girls is one of the widespread and devastating violation of human rights. A statistic
shows that nearly one in every three women have been abused once in their lifetime. In the
course of humanitarian conflicts and other disasters the women have been suppressed and
cocooned never being let out of their shells in fear that they are too fragile.
During Athenian law.
The women were hardly given any legal rights. They were even not allowed to
participate in any assembly. They were not treated equally and were not allowed to speak in the
public places.
“There’s nothing a man can do that I can’t do better and in heels.”
During Roman civilization.
The roman civilization was highly sexist and they disfavored women to a very
vast extent. They curbed the women rights. If a married man is found to be in relation with other
women he is declared to be innocent. And if a women did the same means she is found to be
guilty of adultery.
“You can break down a women temporary but a Real Women will
always pick up the pieces, rebuild herself & come back stinger than ever”.

IN ANCIENT INDIA
In ancient times initiatives were taken to provide women a certain rights by calling
her as “Ardhagini.’ But in later vedic period many abusive trends such as “Pradha system, child
marriage, Dai pradha, Niyog pradha, etc, Were practiced. But Manusmriti has a different opinion
that women’s were educated and there is a clear agony against the dowry system. However it’s
purity got polluted by including many derogatory statements oppressing the women’s such as
“Swabhav ev narinam, Avidvam samlam, Matra swastra and so on”. And also there is a myth in
the early times that no place other than family is a safer place for women. So they were protected
with in the four walls of house and were not allowed to enjoy the outer world. Some commonly
held belief that “son is gold, daughter means worry.”(Munda sona, Kudi ehinta – a Punjabi
phrase).
“Unless men are active allies, we’ll never end violence against women and girls”.
IN MEDIVAL AGE.
During the medival age the women’s were assigned with many responsibilities. In this
era women were given title such as “Temple dancers, Devadasis, and so on”. Dowry was given
more3 importance in the form of “Varadakshina”.
 “You shouldn’t have to pay for your love with your bones and your flesh”.
THE PRE INDEPENDENCE ERA.
The 18th century is said to be the pre independence era. Here India was under the
British rule. During the British rule the Indian women had faced many problems. The Indian
women’s were tortured and brutalized by the British and were forced to enter into sexual slavery.
The prostitution houses were set up by the britisher’s in 350 big cities. The barbarians had set up
the first prostitution house in Kolkata in 1760 with 200 sex slaves. Then it was followed by all
the big 350 cities as before mentioned.
“Every time we liberate a women, we liberate a man”.
THE ERA OF POST INDEPENDENCE
The first Indian Prime Minister Nehru once said that “you can tell the condition of a
nation by looking at the status of its women”. Many measures were taken to curb all the evils,
but it was not up to the mark.
“The abuse of women and girls is the most pervasive and unaddressed human right
violation on earth”.
During Nineties
The nineties were the peak of domestic violence. In everyday speech and even in most
social science discourse, “domestic violence” is about a men beating women. Many cruel such as
honor killings, etc were faced by the women in India.
“It was much easier to explain the veil than to answer questions about the wounds”.
CASE LAW.
A land mark case in 1997.
Vishaka and others VS State of Rajasthan
Facts of the case.
In this case a women named Bhanwari Devi a social activist was brutally gang
raped by five men for trying to stop a child marriage in the offender’s village.
Judgment.

“A women’s dress should be like a barbed- wire fence:

Serving its purpose without obstructing the view.”
Present scenario
Currently sexual harassment at work place, Dowry death, Marital rape, Molesting,
Human trafficking are some of the peak issues. Many women were subjected to this evils and
some of them reported it.
A census by USA.

In Tamil Nadu
In relation to POSCO more than thousands of cases were pending today. Over
800 cases are pending in Madurai and over 600 in Chennai and Salem has 671 pending cases and
Villupuram has 655 pending cases. The state has only 16 special pocso courts. This is the present
condition of the state. In some of the cases justice were rendered but many more cases are still
pending in the courts for delivering justice.
“The main goal of the future is to stop violence. The world is addicted to it”.

RECENT ISSUE: “INDIAN WRESTLER’S PROTEST.”

In January, 2023 The Indian wrestler’s started protesting in the Jantar Mantar, New
Delhi. The purpose of the protest is to investigate Mr. Brij Bhusan Sharan in the allegation of
sexual harassment of the women wrestler’s during his tenure as the President of the “Wrestling
Federation of India.” The female wrestler’s complainants accused him of groping, stalking and
demanding sexual favors in the exchange for professional help.

WOMEN HARASSMENT IN TAMILNADU.

 In Tamil Nadu the reported crimes against the women went up from 5,934 in
2019 to 6,630 in 2020 and 8,501 in 2021 as per NCRB report. It includes crimes
such as cruelty by husband, assault on women, and kidnapping and abduction and
so on.

And also pocso offenses has increasing year by year. In the year of 2019 a total of 2,396 cases
has been registered. It increased to 3,090 in 2020 and 4,469 in 2021. A National family Health
survey stated that 38 % of women in Tamil Nadu has faced domestic violence.

GLOBAL OVERVIEW OF HARASSMENT.

1. UNITED STATES.
 In US two main studies were conducted by the US Merit Systems
Protection Board among the US government employees. The first one in 1980
which is about taking random 23000 male and female employees. It concludes that
42 % of the women and 15 percent of the male employees were subjected to sexual
harassment. The second one in 1988 which states that 36000 federal employees had
left their jobs because of harassment. In 1990 American Bar Association Young
Lawyers Division showed that 85 % of female lawyers had experienced harassment.
2. EUROPE.
A study in Sweden reported that 17% of about 2000 women in Sweden
tolerated the obscene languages, sexual innuendoes and groping, lewd suggestions
and so on. In Germany a poll in 1990 in Frankfurt reported that 25% out of 9000
women had experienced the evil harassment. In Finland a nationally representative
women safety study found that 19.6 % of women has experienced the brutal
harassment.
3. ASIA.
In China on 2000 a data was taken by the Chinese Health and Family Life
which concluded that 15.1% of urban women has reported some of harassment. In
India a report by Gender Study Group at Delhi found that most women in India had
experienced some form of harassment. In Japan the Japan Trade Union
Confederation found that 40% of working women had experienced harassment in
their life.
UN SURVEY.
UN women supported survey in Delhi stated that 95% of women and girls
feels unsafe in public places. Nearly 73% of women stated that they feel unsafe in
their surrounding places.
UN survey on violation and harassment of women at work place which was
participated by 121 countries reported that over 17.9% of women has face
psychological harassment and 8.5% has experienced physical harassment and also
over 6.3% has experienced sexual violence. Notably more than 60% of them stated
that they have been experienced it for multiple times.

A REPORT WORLD HEALTH ORGANISATION.

It stated that violence against women remains devastatingly pervasive and it
starts in the young age. Over 1in 3 women around 736 million are subjected to physical or sexual
violence by their intimate partner or form a non-partner. 1 in 4 young women has already been
experienced violence by their intimate partner by the time they reach their mid-twenties.
However 6% of women globally reported that they had been sexually harassed by a man other
than their husband or partner.
ONLINE SURVEY
A new online survey by a nonprofit called stop street harassment in January was launched. It
stated that 81 percent of women had experienced some form of sexual harassment in their life time. A
#MeToo movement has also went viral, spurring a national and global discussion on this issue. The
online survey report stated that 77% of women has experienced verbal sexual harassment and 51% of
women had been sexually touched without their permission. About 41% of the women sated that they
had been sexually harassed online and 21% said that they had been assaulted sexually. The report all so
looks into the location where they had been harassed. Nearly 66% has happened in the public places.

HARASSMENT OF WOMEN IN DIFFERENT AGES AND ITS MODES.

LAND MARK CASES:

CASE LAWS:
1. Dhananjay Chatterjee Vs. The State of west Bengal, SCC 220.

Facts of the case:

In this Case a school security guard has raped and murdered a girl who was studying
in that school. The guard later apprehended and tried for the offense he had committed.
Judgement.
 The court held that the guard was found guilty of that offense he had committed and
hence awarded death sentence.

2. Shimbhu & Anr vs. State of Haryana, MANU/SC/0871/2013.

Facts of the case.
In his a women who was living in a village was resisted and taken away by two
appellants on gun pint. And the she was gang raped repeatedly for two days.
Judgment.
The trial court awarded them 10 years imprisonment for the offense of gang rape and 3 years
and 6 months rigorous imprisonment for other offense. In appeal to the high court agreed to the
sentence given by the trial court. The Supreme Court while hearing the appeal confirmed the
sentences given to them by the lower courts.

3. V.D Bhanot Vs Savita Bhanot, {2012} 3 SCC 183.

Facts of the case.

In this case a petition was filed by a wife under the DV act for seeking protection and
maintenance und3r the DV Act.
Judgment.
The appellate court dismissed her claim on the ground that the cause of action ha came
before the DV act came into existence. The Supreme Court held that the aim of the parliament is
to protect the rights of women under Article 14, 15 and 21and hence DV act would be applicable
to cases where the cause of action arise before the DV act came into existence.

4. Mukesh and another Vs. The state for NCT of Delhi, Criminal Appeal NOS.607-608
of 2017.
Facts of the case.
This case is also known as Nirbhaya case. In this case the deceased was a medical student
who was returning late with her friend in late night. The bus driver along with other accused
gang raped her and dumped her on road in a half dead position.
Judgment.
The Supreme Court awarded death sentence to four accused and another person who was a
minor awarded imprisonment in the juvenile jail.
 SEX SELECTON & TERMINATION OF PREGNANCY:
CASE LAW:
Suchita Srivastava & Anr VS Chandigarh Administration, 2009 (11) Scale 813.
Facts of the case.
In this case a mentally retarded women had become pregnant after being raped. The bench of
high court of Punjab and Haryana had given directions for the termination of the pregnancy. But
the victim had shown her interest to bear the child. The women had been pregnant for more than
49 we3weks. And for terminating the pregnancy the statutory limit was 20 weeks. The
Appellants moved to the Supreme Court.
Judgment.
The Supreme Court held that pregnancy cannot be terminated without the consent of the victim.
And further pregnancy can be terminated only when there is a risk to the life the pregnant
women. And hence the high court order was reversed and directions were given to provide
assistance for the child care of the victim.
DOWRY DEATHS:
CASE LAW:
Kans Raj VS the State of Punjab, (2000) 5 SCC 207.
Facts of the case.
In this case the deceased was found dead with in the three years of marriage in the house of
her in-laws. And the death was not happened in normal circumstances and it was a result of
Asphyxia. Her father filed a complaint under section 302 and 304-B of IPC.
Judgment.
The Supreme Court held that there was a cogent evidence to show that after the marriage there
was a demand for dowry. Her husband and the respondents was found guilty and convicted them
with rigorous imprisonment.

ORGANISATIONS THAT WOMEN CAN COUNT DURING TOUGH TIMES.

1. Bharatiya Grameen Mahila Sangh.

2. One Stop Crisis Centre.
3. Angala.
4. Aasra.
 5. Snehalaya.
6. My Choices Foundation.
7. The Prajnya Trust.
8. International Foundation for Crime prevention and Victim Care.
9. Vipla Foundation.
10. Sayodhya home for women in need.
LEGAL PROVISIONS.
The Indian Penal Code.
a) Section 326(A&B) - Acid attack.
Punishment- Up to maximum Imprisonment to life
b) Section 354- Outraging modesty of women.
Punishment- Imprisonment between 1 and 5 years and also
c) Section 354A- Pornography.
Punishment- Imprisonment up to 3 years or fine or both.
d) Section 354C- Voyeurism.
Punishment- Minimum 1 year maximum 7 years.
e) Section 366A- Procreation of minor girl.
Punishment- Maximum 10 years.

f) Section 376- Rape

Punishment- maximum imprisonment to life.
WOMEN RIGHT’S.
a) Right to Maintenance (section 125 of CrPC).
b) Right to Equal Pay (Equal Remuneration Act, 1976).
c) Right against Domestic Violence (Domestic Violence Act, 2005).
d) Rights of women’s at working place (Prevention of sexual harassment at working
place act, 2013).
e) Right against Dowry (Dowry Prohibition Act, 1961).
ACT’S TO PROTECT WOMEN.
a. Tamil Nadu Prohibition of Harassment of Woman Act, 1998.
b. Tamil Nadu sexual harassment of women at work place (Prevention,
Prohibition & Redressal) Act, 2013.
c. Protection of Children from Sexual Offences Act, 2012 (POCSO).
d. The Immoral Traffic (prevention) Act, 1956.
e. The Commission of Sati (prevention) Act, 1987.
f. The Indecent Representation of Women (Prohibition) Act, 1986.