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Violence against women (VAW)

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 This blog will help the reader grasp the fundamentals of Violence against women (VAW)

Content

  1. Introduction
  2. Building conceptual clarity on the issue of violence against women
    1. Patriarchy, power and violence against women: building connections
  3. Violence against women and intersectionality
  4. Violence across life stages
  5. Defining violence against women
    1. Forms of violence
    2. Sites of violence
  6. Advocacy for violence against women
    1. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
    2. History of women’s movement in India
  7. Summary 

Introduction

One of the most widespread abuses of human rights is violence against women (VAW), which has a violence not only on the victimised woman but also on the community at large. Human rights are often violated by violence against women (VAW; from now on). According to statistics from throughout the world, 1 one in three women may experience physical or sexual abuse at some point in their lives. According to the National Crime Records Bureau, a crime against women was reported every three minutes in 2014. At least two women are sexually abused every hour, and every six hours a young married woman is killed by being beaten, burned alive, or being forced to commit suicide.

The number of crimes against women in India grew from 41.7 per lakh women in 2012 to 53.9 per lakh women in 20153, a significant increase. These startling statistics only represent a small portion of the violence that women experience, as it is frequently observed that women of violence do not report it. Violence against women continues to pose a severe concern despite the fact that it is now recognised as a criminal offence on both a national and international level. In many instances, it is challenging to even recognise violence due to our society's patriarchal framework, which leads in the subjection of women.

Building conceptual clarity on the issue of violence against women

Patriarchy, power and violence against women: building connections 

The patriarchal system, which oppresses both men and women, establishes and enforces gender roles. While both sexes experience oppression and gender-based discrimination, the patriarchal system is operationalized in such a way that women experience discrimination in ways that make them weak and males powerful. People who do not play the roles that patriarchy dictates are subject to various sorts of violence as punishment. As an illustration, many cultures forbid women (and men) from selecting their own partners, and those who enter self-arranged partnerships frequently experience violence from their birth families. As a result, forced marriage represents a grave violation of human rights, and women frequently face major threats to their lives because they are seen to be the living embodiment of family honour, while men serve as the guardians of that honour.

The Tree of Patriarch

If inequality, exploitation, and the rule of men were the roots of a tree, caste, class, religion, education, and language would be the trunk; family, society, religion, language, healthcare programmes, market/workplace/economic/social division of labour, media, culture, etc. would be the branches; and the fruits would be practices/agents that emerge out of these institutions. The fruits of the Tree of Patriarchy include dowry, female foeticide, honour killings, and sexual assault. Therefore, it is crucial to realise that male supremacy in our society and the numerous institutions that support it are the primary drivers of violence against women. It's also vital to remember that certain institutions actively promote violence against women.

Understanding that violence is committed by people other than males is just as crucial as drawing connections between inequality, patriarchy, and violence against women. Both men and women have been socialised to believe that if they contribute to sustaining the social order that is dictated by patriarchy, they will be rewarded in some way. This is how the patriarchal system works. For instance, women are frequently advised to have a boy so that their standing within the family will rise. Women contribute to the perpetuation of patriarchy by accepting and adhering to this idea.

It has been disputed that VAW can only be understood in terms of the patriarchal structure. According to a number of feminisms, "when patriarchy is employed simplistically, it obscures the diversity of gender systems, making them inevitable and universal5" The focus of theories of violence against women must therefore be on male power, but only when that power is positioned within a patriarchal system. Because their high position is maintained in proper ways, guys who hold a seat at the patriarchal table are less likely to require "violence as maintenance." In order to understand different patriarchal systems, it is crucial to understand where men fit into their own systems of dominance in relation to other men and groups that are not gendered6.

Therefore, it is crucial to comprehend how patriarchies operate differently throughout time, cultures, faiths, and geographical locations. The manifestation of VAW alters along with changes in patriarchal system. For instance, in the past, women were not permitted to work outside the home. Women currently frequently work in both the official and informal sectors, but because home roles have not altered, they continue to carry a double load of work. The violence that women experience over time has also changed. Cybercrime has become a more prevalent type of violence with the development of the internet.

Violence against women and intersectionality

In her insightful 1989 essay "Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics," Kimberlé Crenshaw introduced the concept of "intersectionality" to describe the experience of multiple oppressions by bringing forth the narrative of several marginalised women. In her essay, she argues that racism and sexism are both present in Black women's experiences, making it impossible to isolate one from the other. Women are further marginalised by this double prejudice, leaving them open to further oppression. In India, Dalit women also endure higher rates of violence and prejudice, which is similar to what Black women go through. Violence against women manifests differently depending on time, place, and religion, as was already said. Similar to that, societal structures must also be considered. The level of violence that an individual experiences depends on their social position. An educated woman from a higher caste and class will be less likely to experience violence than a woman from a lower caste and status who is illiterate. Social hierarchies fluctuate depending on the circumstance, making certain women more powerful in some circumstances than others. In particular, when responding to VAW, it is crucial to consider the emergence and experiences of groups of Black women, Dalit women, and other marginalised groups of women.

Violence across life stages

Before they are even born and throughout their entire lives, girls and women are subjected to violence. Every stage of a woman's life is marked by restrictions on her sexuality and mobility, which leaves her with little or no access to resources. For instance, the percentage of women who drop out of school is higher among girls since education is not regarded as a female right or a prerequisite. Access to financial and social resources is hampered by this.

The socio-economic-political standing of an individual influences how they experience violence, according to the notion of intersectionality. It is crucial to remember that a person's experience of violence is based on more than just their sexual orientation.

Defining violence against women

Any act of gender-based violence that causes or is likely to cause bodily, sexual, or psychological pain or suffering to women is considered violence against women. This includes threats of such actions, coercion, and arbitrary deprivations of liberty, whether they take place in public or private. Accordingly, there are many different types of violence against women, including but not limited to:
  1. physical, sexual and psychological violence occurring in the family , including battering, sexual abuse female children in the household, dowry related violence, marital rape, female mutilation, non-spousal violence and violence related to exploitation; 
  2. physical, sexual and psychological violence occurring within the community including rape , sexual abuse, sexual harassment at work, trafficking in women and forced prostitution and; 
  3. physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs
United Nations, 1993
Even while violence can be carried out against anyone, the definition of violence against women acknowledges the unequal power structures and gender discrimination that lead to women's subjugation. As a result, the definition of VAW admits that gender inequality and our society's patriarchal framework contribute to the prevalence of violence against women.

Forms of violence

The above description makes it obvious that VAW encompasses not only physical abuse but also sexual and emotional violence. Below is a list of the various types of violence with instances of acts that fall under each type:
  1. Physical Violence: hitting, slapping, kicking, burning, throwing objects, punching 
  2. Mental/ Emotional Violence: verbal abuse, insulting in public or private, suspicion of partner being in another relationship, verbal abuse to friends/families, not allowing to meet family/friends 
  3. Sexual Violence: forceful sexual intercourse without consent, withholding sex, forcing woman to watch pornography and demanding same acts 
  4. Financial or Economic Violence: not giving money for education or to purchase items necessary for household or for medical purposes, demanding money, dowry or to take money from parents, forcing to quit job or to take on more work, stealing money
In addition to the aforementioned, it's critical to remember institutional and cultural violence. These forms of violence, which are pervasive throughout society, prevent girls and women from reaching their full potential. For instance, structural violence7 refers to laws or customs that prohibit women from owning land. Structured and cultural violence have deadly, long-lasting impacts. For instance, a preference for male offspring can result in sex-selective abortion, which then affects the gender ratio.

Sites of violence

According to the notion of violence, three domains of society—the household, the community, and the state—perpetuate violence.

Household

  • Sex selective abortion 
  • Domestic violence 
  • child sexual abuse/sexual abuse 
  • no/ limited access to education 
  • lack of nutrition 

Community

  • Hounour killing 
  • forced marriage 
  • sexual assault 
  • Stalking 
  • Voyeurisum
  • sexual harrasment at the workplace 
  • sex trafficking

State

  • custodial rape 
  • lack of gender spacific laws to protect rights of women not recognising violation of women's rights as crimes (eg. marital rape) 
  • lack of health care services and safet measures ( inadequate street lightning, sensitive policing, emergency response services) 
  • Armed Forces 
  • Special Powers Act. 1990 
  • Criminalising same sex relationships

Advocacy for violence against women 

The battles of the women's movement must be placed within the framework of the acknowledgement of violence against women as a violation of human rights and a criminal. 1975 was designated by the UN as International Women's Year, which grew out of the Decade of Women (1976-1985). On December 18, 1979, the UN General Assembly approved the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which went into effect on September 3, 1981.

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 

A typical description of CEDAW is as a global charter of rights for women. The preamble and thirty paragraphs identify gender discrimination and lay out a plan for national governments to put an end to it.

CEDAW now has 187 states that are parties and 99 signatories. United States of America, Iran, Somalia, Sudan, and two tiny Pacific Island countries are the other seven UN member states that have not signed or acceded to the Convention (Palau and Tonga).

India has ratified the convention and is a signatory. In nations that have adopted CEDAW, discrimination against women is prohibited in all forms, including by :
  • Adopt appropriate legislation forbidding discrimination against women, repeal all laws that are discriminatory, and incorporate the idea of equality between men and women into their legal system;
  • Establishing courts and other public institutions to ensure that women are effectively protected against discrimination; and
  • Preventing any discrimination against women on the part of individuals, groups, or businesses.
The Convention is the only human rights pact that upholds women's right to abortion while also focusing on how culture and custom shape gender roles and family dynamics. It upholds women's rights to choose their nationality, as well as the nationality of their offspring. States parties also concur to take the necessary action to stop all types of trafficking in women and exploitation of women. The Convention's terms must be followed by nations that have ratified it or joined it. Additionally, they agree to submit national reports on the steps they have taken to uphold their treaty responsibilities at least every four years.

History of women’s movement in India

Women's rights activism in India dates back to the time before independence, when social reformers fought for their rights. In order to obtain their political rights and other things, the women's movement built on the social reform movement that previously existed10. The Women's Indian Association was founded in 1917, followed by the National Council of Indian Women (1925) and the All-India Women's Conference during the early phase of nationalist movement (1927)

The second wave of feminism in this country emerged in the 1970s. Numerous demonstrations were held across the nation as a result of rising dowry death figures. Across caste, class, and religious lines, there was an increase in the desire for equal rights. Shah Bano's request for alimony, the custody rape case involving a dalit girl in Mathura, and the sexual assault of Bhanwari Devi in Rajasthan sparked a widespread movement to defend the rights of women. The Chipko movement is a prime example of a female-led, nonviolent movement with a focus on sustainable livelihoods, forest discourse, and traditional women of life. The women's movement has tackled new problems with violence against women.

The nationwide demonstrations that followed the 2012 gang rape and murder in Delhi raised awareness of the inadequacy of protections and legislation for females in our society. The Justice Verma committee was established as a result of the awareness-raising, and legislation covered by the Criminal Law Amendment Act, 2013, were amended as a result.

Summary

The social problem of violence against women is complicated. Despite being a violation of human rights, it is challenging to address the problem because it is deeply ingrained in societal systems. The system of patriarchy maintains gender inequality and is inversely correlated with resource availability. As a result, violence keeps happening.

The term "violence against women" refers to all forms of violence, including financial, sexual, mental/emotional, and physical. It also acknowledges that violence occurs in both public and private settings, including the family, the community, and the state. These websites all support the continuation of violence.

All stages of a woman's life are affected by violence against them. Girls are safeguarded and controlled inside families as the bearers of family honour, which creates barriers to their access to resources like education, possibilities for a livelihood, or resources that do not allow them to reach their full potential.

Violence affects people differently depending on their socioeconomic standing, thus not everyone experiences it the same way. Violence may not affect a woman from a higher caste, class, or dominant religion the same way it does a man from a lower caste, caste, or marginalised religion. As a result, power hierarchies function within societal institutions, but violence and discrimination based on sex and gender are nonetheless realities in all civilizations.

As previously said, patriarchy is ingrained in every institution, including those related to education, religion, the workplace, and health care, and these institutions also serve to maintain unequal gender relations. Therefore, persistent effort with these institutions is required to improve the status of women and address the problem of violence against women. The type of violence against women is evolving along with the times. For instance, there has been a rise in cybercrime, cyberbullying, and trolling towards women as a result of increased internet use and access. Therefore, in order to address all of these more recent women of violence against women, lobbying actions to safeguard their rights must be made.
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