ABSTRACT
Women in Ancient India especially during the Vedic period were on equal footing with men and shared political ideas and participating in Sabha and Samiti, the general assembly meetings of that time. But as the time moved forward, the social mobility of women started diminishing, for instance barring them from entering to the Sabha and Samitis in the later Vedic age which were the foundation stones of equal social status of men and women at that time.
Crimes like dowry death in disguise of kitchen accidents, female foeticide, domestic violence, kidnapping, molestation, rape, torture, sexual harassment are committed against a woman in India, that not only is violation of her dignity and rights but also gives a lifetime of psychological trauma. The author in this paper attempts to give a comprehensive view of the crime against women in modern India with especial reference to Female infanticide and domestic abuse, its implications on women and role of society, her rights with legal provisions there to provide protection. This paper attempts to give a holistic view on decoding Female Infanticide and Domestic Violence i.e., “Kitchen Accidents” in India through social and legal approach.
KEYWORDS
Women, crime against women, kitchen accidents, female foeticide, rights, violence, legal protection,
INTRODUCTION
The last few decades, India has reported growth in all its sectors be it industry, service, agriculture but in spite of all development and growth, the growth of women population is restricted in some areas and are still victims of brutal crimes.
From 2016 to 2021, nearly 22.8 lakh crimes against women were recorded in India. Of these, about 7 lakhs, or 30 per cent, were reported under Section 498A of the Indian Penal Code (IPC), the report analysis of National Crime Records Bureau (NCRB) data, says. Section 498A pertains to cruelty by a husband or his relatives against a woman. According Pew Research Centre, analysis of Nation Family Health Survey of India, 9 million girls are ‘missing’ in India as a result of female infanticide from 2000 to 2019.
Pre–Natal Diagnostic Techniques (PNDT) Act of 1994, Protection of Women from Domestic Violence Act, 2005, THE DOWRY PROHIBITION ACT, 1961, The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013, sections in Indian Penal Code, 1860 such as Kidnapping (Sec 359,360,366), Eve Teasing (Sec 509), Rape (Sec 376,376A,376B,376C,376D), Sexual Harassment (Sec 354A), Domestic Violence i.e. cruelty by husband and relatives (Sec 498A) are some of the laws in India that provides protection to a female from her birth by focusing on a coordinated and comprehensive line of action.
The paper is based on research analysis of the crime rates against women in India, the real life abstract, the story of survivors, the causes, social and legal implications, the role of the judiciary in providing protection to women with relevant case laws and the current status along with suitable measures that needs to adopted.
RESEARCH METHODOLOGY
This paper is of descriptive nature and the research is based on secondary sources for the in-depth analysis of the domestic violence and female infanticide in India and socio-legal consequences in India. Secondary sources of information like news articles, websites, legal journals are used for the research.
REVIEW OF LITERATURE
Article 15 of Constitution of India, 1950 states that “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them” in order to reduce the discrimination in India and provide equal opportunity to both men and women.
39. The State shall, in particular, direct its policy towards securing—
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
Article 51A PROVIDES THAT It shall be the duty of every citizen of India— (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.[1]
In the constitution of India there so many provisions which provides equal rights to men and women alike and help in women empowerment. It doesn’t discriminate men and women but treats them alike.
But still the society and crime rates against women tells a different story of abuse, inequality, violation of dignity, her rights, killing starts even in the womb of the mother – not even letting her breath and see the living world.
INCIDENTS OF FEMALE INFANTICIDES AND DOMESTIC VIOLENCE –
The joy of to be mother is often reflected on her face with her face glowing with sheer gratitude and happiness of becoming a mother and is doubled on carrying that bundle of joy in her arms but in India the the to be mother are often found sitting alone on the cold hospital chairs waiting for the doctors to declare her and her baby’ faith, whether the baby could see the world and live a happy life depended on the gender. The girl child was in receiving end of killing at birth, this was scenario of India post-independence especially since the sex determination technology that is ultrasound became available.
The ultrasound is equipped with technology to display accurate pictures of a foetus within the to be mother’s uterus to analyse the health of both mother and child during the pregnancy but this tool became a curse for the girlchild as the country’s issue of infanticide increased manifold. Since technology of gender determination became available to the public around 1970s, according to a report India is estimated to have about [2]63 million fewer women.
CAUSES
- Women treated as economic burden – it is often opined that from a female’s birth the ‘KHARCHA’ increases as education cost, marriage costs especially the ‘DOWRY’ all these causes the women to be treated not as child but a burden.
- Obsession with son – the son is often treated as Apna Dhan the one, who moves the generation forward but daughter as paraya Dhan or husband’s “property”.
- Poverty often is a cause for which a child especially if its not a boy gets ill treated and often killed at birth.
- Regressive mindset of the society gives more importance and happiness to birth of a boy for him being the fore binger of continuing generation.
INDIAN SOCIETY
According to Ministry of Health and Family Welfare of India, “has its roots in India ‘s long history of strong patriarchal influence in all spheres of life.“
According to the reported data it is more practised in Gujarat and the North Indian states since the last few years and can be verified by the report of census data that shows that these states have low female ratio.
As reported in a news outlet a fourteenth week-old baby was murdered by her own mother, and other females which is her own grandmother and great grandmother fearing the child to be a financial burden and mercilessly threw her into a well and to cover up the heinous crime, they made up a fake story of how the infant was kidnapped by an unidentified person. The incident happened at Chinakodepudi village of Sithanagaram mandal in East Godavari district[3]
SURVIVOR STORY
“It happened 12 years ago in Gujarat. A Rajasthan couple with four daughters approached various hospitals in their state to abort the fifth pregnancy of the wife as the baby growing in her womb was a girl. Though affluent and educated, father a college professor and mother a teacher, the couple was adamant that they did not need one more girl child.” These are the real words spoken by Sister Tessy, who nurtured her since then from infancy at Mother Teresa Convent in Rajkot.
The story of Anaamika is adapted by filmmaker Sibi Yogiyaaveedan’s in his short film Anaamika, rightfully named after her.[4]
LEGAL PROVISIONS
THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002
SECTION 22. Prohibition of advertisement relating to pre- natal determination of sex and punishment for contravention.
(1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall issue or cause to be issued any advertisement in any manner regarding facilities of pre- natal determination of sex available at such Centre, Laboratory, Clinic or any other place.
CASE LAW –
Centre For Enquiry into Health And vs Union of India & Others on 10 September, 2003
FACTS- The petition was filed because the prenatal diagnostics techniques are in violation to the pre-natal diagnostic techniques (regulation and prevention of misuse) Act and so the petition was for the government both at central and state level to see the techniques and ensure that no such violations happen and make suitable implementation-
(a) Appointment of appropriate authorities at State and District levels and the Advisory Committees;
(b) the Union Government be advised to ensure that Central Supervisory Board meets every 6 months as provided under the PNDT Act; and
(c) for stopping and effectively banning all advertisements which is of pre-natal sex selection including any other such gender determination techniques which can be purposely used to identify and produce only boys either before or during pregnancy[5].
The court’s order –
Information must be shared through print as well electronic medium to reduce discrimination.
b) Quarterly reports by appropriate authority to\\must be submitted to central supervisory board.
c) Appropriate authorities must maintain records.
d) The National Monitoring and Inspection Committee constituted by the Central Government must do periodic reports.
e), public would have access to all the records under rule 17(3)
f) Central Supervisory Board must ensure that the States appoint the State Supervisory Board as per the requirement of Section 16A.
KITCHEN ACCIDENTS – THE ACCIDENTAL MURDER
Domestic violence in India is one of the most stigmatised behaviours that goes unreported most of the time. It is the extreme form of basic human rights violations. The patriarchal principles and structure of traditional Indian culture, and often described as an incident that must within the “chaar diwaro’ of the home and be publicised have made disgraceful incidents of domestic violence a complex and nuanced one where the voices are either stomped by society or by fear of being thrown out of the house and thus resulting in a long and tireless struggle for justice against the heinous practice.
India witnessed 4 lakhs+ cases of crimes against women in the year 2021 which is almost a 15 percent rise from the previous year. Section 498A of the Indian Penal Code that is ‘cruelty by husband and relatives’ was of most cases at almost 32 percent.
FORMS OF DOMESTIC ABUSE
- Physical abuse – Hitting, slapping, burning etc
- Emotional or psychological abuse
- Sexual abuse
- Controlling
- Harassment in form of verbal abuse
STORY OF POOJA – PHYSICALLY AND EMOTIONALLY ABUSED
- Pooja, a mother of 2 children – first born girl then a boy.
- She suffered abuse and violence at the hands of her husband and his family.
- The cause of the abuse was her giving birth to a girl child.
- Pooja’s parents took the baby girl with them as they feared for the life of both
- She gave birth to a baby boy 3 years later and hoped this would appease her
- But it did not as five years into the marriage she was totally controlled by husband and sometimes she along with her children would be dropped off at her paternal home for months[6]
INDIAN SOCIETY – THE FINANCIAL INDEPENDENCE AS GIVEN IN MANU SMRITI BUT MODERN-DAY TRANSACTIONS FOR MARRIAGE
“Returning to your parents’ home after marriage is still a big stigma in India,” she says. She was aware of the fact that dowry still is persistent in India but didn’t knew that she would also be a victim of this one day.
“When someone is parting with their daughter, he is giving you the most precious possession of his life. Why should dowry come into the picture?” Pooja asks[7] who is an educated girl with a degree on master’s in business administration at the Indian Institute of Foreign Trade and was working at a prestigious health insurance firm.
The problem she late found out was that she “hadn’t brought sufficient things from [her] family.” On one incident she was with husband who was driving her to work when he threw her out of his car and the reason was that he wanted her to ask her parents to buy him a new car.
“A person whom you have entrusted your entire life to, doing this and abusing you in public makes you feel terrible,” she says.
CAUSES
- SOCIAL PARAMPARA – as given in Manus smriti SRIDHAN is to be brought by woman to her new home for life for financial independency. The bride’s father was expected to bejewel his daughter, and from the groom’s side, his father was to give the bride’s family a cow and a bull. But this has transformed into modern day transactions for marriage.
- LACK OF AWARENESS – due to lack of literacy, also women are treated as slaves.
- PATRIARCHY – treating women as part of household only for bearing and raising children remains a dominant thought in patriarchal society.
- ALCHOL AND SUBSATANCE ABUSE – often alcoholic husband beating up the wife as been a major issue being reported in the news.
Section 498A of Indian Penal Code according to the Criminal Law (Second Amendment) Act, 1983 (46 of 1983), states- “Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine” and because of the severity of the crime, it is a cognizable, non-compoundable and non bailable offense so arrest can be done without warrant.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
5. Duties of police officers, service providers and Magistrate. —A police officer, Protection Officer, service provider or Magistrate who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him, shall inform the aggrieved person—
(a) of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under this Act;
(b) of the availability of services of service providers;
(c) of the availability of services of the Protection Officers;
(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);
(e) of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860), wherever relevant: Provided that nothing in this Act shall be construed in any manner as to relieve a police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.
INDER RAJ MALIK VS SUNITA MALIK (1986)[8]
BRIEF OF THE CASE –
Sunita Malik (the complainant) was married to Inder Raj Malik, the respondent.
After their marriage, Sunita malik was starved and maltreated once subjected to severe physical and mental abuse in her marital house to the point of fainting.
During the festive season also, she was harassed and humiliated n order to gain more money a Sunita Malik was threatened by her mother-in-law and brother-in-law that they would kill her and abduct her if she didn’t sell her parents land in Hauz Qazi,
DECISION MADE BY THE COURT
The Delhi High Court opined that in cases of such nature like domestic violence one cannot be subjected to double jeopardy as the accused is found guilty under both Section 4 of the Dowry Prohibition Act of 1956 and Section 498A of the IPC. The Court analysed that one can be charged by both Section 4 of the Dowry Prohibition Act as well as Section 498A of the Indian Penal Code.
Section 4 of the Dowry Prohibition Act only punishes acts of cruelty committed against newlywed women and Section 498A also punishes the mere demand of dowry.
ARNESH KUMAR VS THE STATE OF BIHAR & ANR (2014)[9]
Sweta Kiran was married to Arnesh Kumar and was inflicted mental abuse as her in-laws demanded a car worth Rs. 8 Lakhs, air conditioner and other stuffs.
Arnesh Kumar also stood for such demands with his mother and threatened Sweta that he will marry someone else.
As asserted by Sweta these demands were not obliged with so in retaliation she was thrown out of her marital home.
Arnesh Kumar denied the allegations of Sweta and requested anticipatory bail but the bail was rejected.
So, for relief, Arnesh Kumar petitioned the Supreme Court for special leave.
THE COURT’S ORDER –
The Apex Court said that “Section 498A is a cognizable and non-bailable offence and has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision”
SUGGESTIONS AND CONCLUSIONS
The Constitution of India mainly envisages women to be treated with equality, dignity, and have the freedom from discrimination but modern Indian women are often subjected to abuse and trauma for life for their gender.
It is biological fact that female anatomy is different than a male which gave rise to the conception of them being “Naturally Inferior” IN STRENGHTH but even if a woman tries, she can be anything she wants, be it a wrestler Babita Phogat, an entrepreneur and author like Sudha Murthy, a politician like Sucheta Kriplani and Smriti Irani, an Army officer like Priya Jhingan only if she has the will and fortitude to fight for her rights.
The society’s role is not become barrier in journey of a woman, a family is the strength that binds together an individual and makes her belief strong, even when a woman becomes a wife, her husband must her pillar of strength not a wall between her happiness.
The government must not only change name of the any law but introduce such amendments with strict laws and punishment without too technicality. A rape is rape, it is the most horrendous violation of her dignity and rights and so life imprisonment or even capital punishment must be the only justice.
NAME – SUNANDA MALAKAR
COLLEGE – CAMPUS LAW CENTRE, UNIVERSITY OF DELHI
[1] https://www.mea.gov.in/Images/pdf1/Part4.pdf
[3] https://timesofindia.indiatimes.com/city/vijayawada/infant-girl-killed-mother-granny-great-granny-held-for-infanticide/articleshow/76501388.cms
[4] https://www.indiatoday.in/india/south/story/abandoned-anaamika-lives-life-to-the-hilt-99171-2012-04-14
[5] Writ Petition (civil) 301 of 2000
[6] https://www.maitriindia.org/in-their-words/domestic-violence-survivors/
[7] https://pulitzercenter.org/stories/broken-promise-dowry-violence-india
[8] 1986 CriLJ 1510, 1986 (2) Crimes 435, 1986 RLR 220
[9] CRIMINAL APPEAL NO. 1277 OF 2014
(@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)