The case for treating violence against women as a form of sex discrimination in India

Abstract

Violence against women (VAW) is rampant in India, and rising every year. However, Indian laws are geared towards punishing individual instances of such violence, instead of attempting to eradicate the problem itself. This is owed in part to the incomplete understanding of the causes and effects of such violence. Here, I advance a feminist understanding of VAW, wherein it is seen as a result of gendered prejudices designed to keep women in subordination. I show that international human rights law now endorses this feminist understanding, and trace the evolving understanding of equality in Indian courts to argue that given its current understanding as substantive equality, VAW can and should be seen as a form of sex discrimination due the cycle of disadvantage it creates for women. I critically analyse several decisions by Indian courts that show a move towards acceptance of VAW as a form of sex discrimination, and point to the limitations of these decisions. Finally, I propose various ways in which envisaging VAW as a form of sex discrimination would lead to a better framework of laws for not only countering such violence, but also eradicating it.

A Study for Different Crime against women in India by using PROMETHEE Methods

“…For instance, the percentage of respondents who believed it turned into justified overcoming their spouse in the event that accompanied by violence with help May be. As a whole, communities are well prepared to interact in network mobilization interventions to cope with VAW in our context [9]. Taken together, these kind of legal guidelines finally understand VAW, Respond and cope they fail.…”

Technology-facilitated sexual violence: a review of virtual violence against women

“…Violence against women, in turn, is considered a global public health problem (Sánchez et al, 2020) and was framed by the United Nations as gender violence in the Declaration on the Elimination of Violence against Women (United Nations, 1993). This declaration, although not binding, aimed to strengthen the commitments of national states with global participation and formulation of policies to combat violence against women (Agarwal, 2021). It has a strong foundation in the feminist analysis of the existing social inequality between men and women, present on a large scale in every society; in this sense, the UN identifies the family, the community and the State as the main places where violence against women is observed (Montesanti, 2015).…”