Sexual Crimes Against Women: Unsafe Workplaces, Hema Commission, and More

Dr GEORGE JOHN


“One in three women suffer from abuse and violence in her lifetime. This is an appaling human rights violation. Yet, it remains one of the invisible, under- recognised pandemics of our time.” —Nicole Kidman, Australian actor

COVER STORY

India, a country of rich cultural heritage and diverse traditions, paradoxically stands today as one of the most 
dangerous countries in the world for women. A 2018 Thompson Reuters Foundation survey ranked India as the most dangerous country for women due to the high risk of sexual violence. Through statistical data, real-life examples, and analysis, this essay sheds light on the extent of the problem and the underlying factors contributing to this dire situation.

The status of women in Indian society has undergone significant changes over the centuries. In ancient India, women were revered; the texts like the Vedas and Upanishads highlight the high regard
for women. However, with the advent
of various societal changes, including foreign invasions and the entrenchment of patriarchal norms, the status of women declined. Practices like Sati, child marriages, and female infanticide became widespread, reflecting the deep-seated gender inequalities.

The British colonial period brought some reforms, such as the abolition of
Sati and the introduction of the Widow Remarriage Act. However, these changes were limited in scope and did not alter the deeply ingrained patriarchal attitudes. Post- independence India has seen significant legal advancements aimed at protecting women’s rights, yet the implementation of these laws remains inconsistent, leading to a continuation of crimes against women.

Crimes Against Women

In contemporary India, crimes against women are not only persistent but are also escalating at an alarming rate. According to the National Crimes Records Bureau (NCRB) data, crimes against women have been steadily increasing. In 2019, India recorded over 405,861 cases of crimes against women including rape, domestic violence, dowry deaths, and acid attacks.

Rape is one of the most heinous crimes women face in India. The 2012 Delhi gang rape case, known as the Nirbhaya case, shocked the nation and the world, leading to massive protests and calls for stricter laws. Despite the introduction of the Criminal Law (Amendment) Act in 2013, which included stringent punishments
for rapists, the number of rape cases has not significantly decreased. In 2019 alone, 32,033 new cases of rape were reported in India, which means a woman is raped every 16 minutes in this country.

The most recent case that once again brought the horrific reality of sexual violence to the forefront was the rape
and murder of a young woman doctor in Kolkata. This case echoes the Nirbhaya incident, demonstrating that despite the public outrage and legal amendments, the safety of women remains precarious. Quo Vadis, India?

How many more women need to suffer before real change occurs?

Sexual crimes against women in India are not limited to rape.

Sexual harassment, molestation, and domestic violence are pervasive issues that women face daily. The problem is compounded by the societal stigma attached to sexual crimes, which often leads to underreporting. The NCRB data indicates that for every reported case of sexual violence, there are many more that go unreported.

One of the most tragic aspects of sexual crimes in India is the targeting of young girls.

Child sexual abuse is rampant, with too many cases involving underage girls. The Protection of Children from Sexual Offences (POSCO) Act, 2012, was introduced to address this issue, yet implementation remains a challenge. The Kathua rape case of 2018, where an eight-year-old girl was brutally raped and murdered in Uttar Pradesh, highlighted the vulnerability of young girls to sexual violence. Cultural and Social Factors contributed to the problem.

The prevalence of sexual crimes
against women in India is deeply rooted
in cultural and social factors. Patriarchy, gender stereotypes, and the objectification of women contribute significantly to the issue. Women are often seen as the property of men, and their bodies are controlled by societal norms that dictate how they should dress, behave, and interact with others.

The cultural notion of “honour” is another factor that perpetuates violence against women. Women are often seen
as the bearers of the family’s honour and perceived transgression on their part can lead to severe consequences, including honour killings. The fear of bringing shame to the family often prevents women from reporting sexual crimes, further perpetuating the cycle of violence.

Additionally, the portrayal of women in Indian media and cinema often reinforces gender stereotypes and normalises
the tendency for sexual violence. The objectification of women in movies and advertisements contributes to the perception of women as mere objects of desire, leading to the normalisation of sexual harassment and assault.

Workplaces: Unsafe Havens for Women

In recent years, the issue of sexual harassment in workplaces has gained attention, yet the problem remains pervasive. The tragic case of a young woman doctor raped and murdered in a hospital in Kolkata is a stark reminder that women are not safe even in professional spaces.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was supposed to create a safer work environment for women at work. Yet, the rampant cases of harassment and assault suggest that these measures are insufficient.

The Hema Commission report on the Malayalam film industry further reveals the depth of this issue, exposing the systemic harassment faced by women artists in a sector that should be a beacon of creativity and expression.

How can we, as a society, allow such atrocities to continue unchecked? Cui bono? (to whose benefit?). Why
are these laws and commissions failing to protect women?

Recognising the gravity of the situation, both the government and civil society organisations have taken steps to address the issue of crimes against women. The government of India had introduced initiatives, such as Beti Bacho; Beti Padhao (Save the Daughter; Educate the Daughter) campaign aimed at improving the status of women in society.

The establishment of fast-track courts for rape cases, the introduction of a One-Stop- Centre- Scheme for providing support to women affected by violence, the 181 women’s helpline, and the dedicated Pink Police by the state government, are some of the measures undertaken to improve the safety and security of women. The Nirbhaya Fund, set up after the 2012 Delhi gang rape case, aims to finance projects that ensure women’s safety.

However, these initiatives have done little to stem the tide of violence. Despite the introduction of these programs and the existence of numerous laws, both new and old, crime against women hasn’t lessened in modern India.

The persistent violence is a glaring indictment of the government and civil society alike. Why does the justice system continue to fail the women it is meant
to protect? It is not enough to create laws and programs; their effective implementation
is crucial. The present situation demands introspection and accountability.

The Hema Commission Report:
A Stark Reality
The Hema Commission set up to investigate sexual harassment in the Malayalam film industry revealed the rampant exploitation and abuse faced by women in this sector.

The report highlighted the systemic nature
of the problem, where women are often silenced or punished for speaking out against powerful figures in the industry. This commission was supposed to be the turning point in addressing the harassment that women in the film industry endure. Yet, the lack of substantial action following the report is another example of how deeply ingrained and ignored the issue of sexual violence and harassment is in India.

The widespread occurrence of
crimes against women has far-reaching consequences for Indian society. It not only affects the physical and mental well- being of the victims but these crimes also have broader social and economic implications. Women who are victims of sexual crimes often suffer from severe psychological trauma, leading to depression, anxiety and in some cases, suicide.

The fear of violence restricts women’s freedom of mobility, limiting their opportunities for education, employment, and social interaction. This has a direct impact on the country’s economic well- being because women’s participation in the workforce is a crucial factor for economic growth and development.

The Gender Inequality Index (GII) is an index introduced by the UN’s 2010 Human Development Report for measuring gender disparity. It measures disparities in various aspects of life, including education, health, and economic participation. It ranks India poorly, reflecting the adverse effects of gender-based violence.

Addressing the crisis of violence against women in India requires a multifaceted approach. First and foremost, the legal framework must be enforced rigorously. The judicial system needs to ensure swift and fair trials for perpetrators of violence against women. The urgent establishment of more fast-track courts, coupled with the mandatory training of law enforcement personnel on gender sensitivity, is essential.

Education plays a crucial role in changing societal attitudes.

Gender equality and respect for women must be taught from a young age, both at schools and at home. Additionally, the media must take responsibility for promoting positive portrayals of women and challenging stereotypes.

Workplaces need to implement
strict anti-harassment policies with mechanisms in place to protect victims and hold offenders accountable. The findings of the Hema Commission report should be taken seriously, with immediate and strong action against those found guilty in the film industry and beyond.

Civil society must also continue its efforts to raise awareness and support victims. Community-based programs that engage men and boys in conversations about gender equality are vital in challenging patriarchal norms. “We need to raise boys to be men, instead we raise them not to be women” – Don McPherson.

In conclusion, crimes against women and sexual violence in India are severe and pressing issues that demand immediate attention.

Despite the existence of a robust legal framework, the implementation of laws remains weak, and societal attitudes continue to perpetuate violence against women, The current state of affairs
is a damning indictment of both the government and civil society, raising serious questions about the effectiveness of the measures in place.

For this issue to be addressed effectively, a multifaceted approach is needed, involving legal reforms, education, awareness, and the active participation of both government and civil society. India’s journey towards becoming a safer place for women is fraught with challenges, but it is not an impossible goal. By fostering
a culture of respect, equality, and justice, India can hope to eradicate the scourge
of violence against women and build a society where women can live with dignity and security.

But the question remains: How much longer must we wait for this change? Until that day comes, we must all bear the weight of this collective failure, for in the end, the measure of any society is how it treats its women. Fiat justitia, ruat caelum – Let justice be done, though the heavens may fall.

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