28 February 2025 : Daily Answer Writing

MAINS MODEL QUESTION: 28 th FEBRUARY 2025

Q1) Discuss how gender-based violence in India is a manifestation of patriarchal values. To what extent has modernisation in law served as an instrument of women’s empowerment in this regard? (15 marks, 250 words)

Read more- MAINS MODEL QUESTION: 27 th FEBRUARY 2025

ANSWER

Gender-Based violence refers to harmful acts directed at an individual based on their gender. Gender-based violence is a phenomenon deeply rooted in gender inequality, the abuse of power and harmful norms and continues to be one of the most notable human rights violations within all societies.

Both women and men experience gender-based violence but the majority of victims are women and girls. It gets manifested throughout the entire lifecycle of the women- right from the womb of the mother till death. Gender-based violence knows no social or economic boundaries and affects women and girls of all socio-economic backgrounds.

GENDER-BASED VIOLENCE AS A MANIFESTATION OF PATRIARCHY:

Patriarchy, characterized by the dominance of men in social, political, and economic spheres, fosters a culture where women are often seen as subordinate. Patriarchal beliefs of male, heterosexual dominance and the devaluation of girls and women lie at the root of gender-based violence. This has perpetuated systemic violence against women, including domestic violence, sexual assault, honor killings, and other forms of abuse.

1. Subordination of Women: Patriarchal values propagate the notion that women are inherently inferior to men, leading to their subordination in various societal roles. From an early age, girls are socialized to accept subservient roles within the family and society, which often translates into acceptance of violence and discrimination.
2. Control Over Women’s Bodies: Patriarchal societies exert control over women’s bodies and sexuality. Practices such as dowry, early marriage, and female infanticide reflect the commodification of women. Violence is often used as a tool to enforce these controls and punish transgressions.
3. Family Structure: The traditional family structure in India, with its emphasis on male authority and female obedience, often condones violence against women. Domestic violence is seen as a private matter, making it difficult for women to seek help or justice.
4. Economic Dependence: Limited access to education and employment opportunities restricts women’s ability to achieve financial independence, perpetuating their subordinate status.
5. Workplace Violence: Patriarchal values also permeate the workplace, where women may face sexual harassment, unequal pay, and limited opportunities for advancement. This reinforces their lower status both at work and at home.
6. Objectification of Women: Media often portrays women in ways that reinforce gender stereotypes and objectify them. Such portrayals can normalize the idea that women are inferior and can be controlled or violated. Films, television, and advertisements sometimes glamorize or trivialize violence against women. For example, Kabir Singh, Animal, etc.

IMPACT OF LEGAL REFORMS

1. Increased Reporting: The modernisation of laws has led more women and women organisations to come forward and report cases of violence and discrimination to police and other relevant authorities.
2. Awareness about GBV: Legal reforms especially the Domestic Violence Act, 2005 and POSH Act have raised awareness among women for women’s rights and the unacceptability of gender-based violence.
3. Rights to Women: Legal reforms have given rights to women empowering them socially, educationally as well as economically. For example, women under POSH Act have the right to report sexual harassment which is a big obstacle in their professional space. Similarly, criminalization of dowry has helped women prevent dowry-related violence.
4. Societal Change: Legal reforms have transmitted societal changes with men and other members of the society behaving more responsibly towards women.
5. Reduction in Some Violence Incidents: According to NCRB Report, 2022, the number of dowry-related violence and deaths has declined with more vigilance from the enforcement agencies.
6. Support System: Legal reforms and modernization have led to the establishment of support systems such as helplines, shelters, and counseling centers that have provided crucial assistance to GBV victims.
7. Evolution of Rights: Legal modernization leads to the evolution of the rights of women, thereby empowering them further. For example, in 2022, the Supreme Court while discussing the MTP Act, 2021, evolved the right to bodily autonomy under Article 21 for women which made abortion a little easier for them.

CHALLENGES IN WOMEN EMPOWERMENT DESPITE MODERNIZATION OF LAWS

1. Implementation Issues: Despite progressive laws and modern legislation, implementation remains a challenge. Lack of awareness, inadequate training of law enforcement officials, and societal stigma hinder the effective enforcement of these laws. For example, Societal tendencies to blame victims of gender-based violence can deter women from seeking legal help, ICCs under the Sexual Harassment of Women at Workplace Act (2013) are seldom constituted.
2. No Initiative to Sought Help: According to NFHS-5 (2019-21), almost 33% of women are subject to some form of domestic violence in India. Despite this, only 14% of women in urban areas sought any legal help or support and this number is much lower in rural areas.
3. Reconciliation Efforts: Across the States, it is observed that the police were more likely to send women back to violent households to reconcile with the perpetrator or use violence against perpetrators as a deterrent instead of filing an official complaint or connecting women to protection officers and other service providers.
4. Patriarchal Mindset: Deep-seated patriarchal attitudes and cultural norms continue to perpetuate gender discrimination and violence, undermining legal protections. Societal tendencies to blame victims of gender-based violence can deter women from seeking legal help.
5. Ignored Lace Effect: As compared to other disadvantaged communities like SCs and STs, the women-rights are not strongly propagated leaving “women” as being treated as the ignored lace.
6. Community and Family Pressures: Resistance from community and family structures often undermines legal provisions. Traditional leaders and family members may discourage women from seeking legal recourse to avoid “shaming” the family.
7. No Reporting: Sometimes women do not report domestic violence

incidents because they feel that things would change:

(a) women did not want to be a ‘burden’ on others, in particular their families.

(b) women believed that they would become a problem or a source of ‘tension’ for their families, bringing them shame and dishonor, irrespective of the survivor’s level of education, caste, or class.

WAY FORWARD

1. Experience Sharing: Sharing experiences of violence is a powerful step for women, accessing services and support often results in uncertainty, fear, and disappointment. We, as a society, need to come together to take steps that can support individuals who are still living in such conditions.
2. Training: Training police, judiciary, and other stakeholders to handle gender-based violence sensitively and efficiently will sensitize women to deal with gender-based violence.
3. Educational Programmes: Incorporating legal education into the school curriculum will help in early-age sensitization towards women’s rights.
4. Media Awareness: Media should be proactive in spreading awareness towards legal protections available to women.
5. Collective Responsibility: As we talk about dealing with the effects of gender-based violence, providing access to crisis helplines, creating awareness about the signs of abuse, training professionals working in this area, and creating the right support structures that can support victims are our collective responsibility.
6. Legal Clinics: Setting up more legal aid clinics in rural and semi-urban areas to provide free legal services and counsel to women can improve the status of women.
7. Skill Development: Programs are required which intend to address battered women’s needs, including those that focus on building self-efficacy and livelihood skills. The significance of informal and local community networks should be acknowledged in this regard.

Gender-based violence in India is deeply rooted in patriarchal values that perpetuate women’s subordination and control over their lives. While modernization and legal reforms have made significant strides in addressing these issues and empowering women, challenges remain. Effective implementation of laws, coupled with social and economic empowerment, is crucial for creating a society where women can live free from violence and discrimination.