Violence against Women in India

While the women's organisations in India have opposed individual acts of violence against women ranging from amniocentesis, female infanticide, rape, dowry deaths and sati , there has been little attention given to the theoretical understanding of the causes of violence. The essay therefore discusses some recent Indian feminist theorising of violence by activist leaders closely involved in movements of women as peasants, forest dwellers and members of the lower castes. The author, while discussing violence in traditional Marxist and Radical Feminist theories delves into the emerging theories of violence in India. The essay focuses ... 

on Sharad Patil's theory, a combination of Marxism and Phule- Ambedkarism, where violence against women is understood as a reflection of the relations of production of a class-caste society; Sharad Joshi's theory influenced by radical feminism, where violence is central to the process of capital accumulation and women's power is the central force of liberation; and eco-feminist, Vandana Shiva's theory, influenced by Gandhian thought where violence seen as inherent in 'western cultures' and women as protectors of nature and the traditional community. The essay apart from bringing out the complexities involved also provides an insightful critique of each of the theories.

Violence against Women

Ram Ahuja retired as Professor of Sociology from the University of Rajasthan in 1988 after completing a teaching career of more than 3 decades. He is on the visiting faculty of various national institutions and police academies and has authored numerous research articles and books.

The book while noting the rise in violence against women attempts to answer questions regarding the nature of and causes for violence against women, if any theoretical analysis could be offered explaining the etiology of violence and the effectiveness of women's groups in tackling issues of sexual exploitation and harassment of women. These and other issues are critically examined from sociological perspective. It also deals with issue of trauma faced by victims of violence as they seek acceptance in a hostile environment. The book also offers suggestions regarding treatment of such issues through preventive measures, redefining patriarchal norms, developing support for victims within the family and through women's organisations etc. thus providing a balance between practical and theoretical issues.

The article explains the offence of rape as per S.375 of the Indian Penal Code (IPC) , its significance and the objective of the law to protect and underaged wife from premature sexual intercourse by her husband. The new provision of the IPC, S.376A makes sexual intercourse with one's own wife, who is living separately due to law or custom, punishable but it needs to be amended in such a way that after there is a withdrawl of consent to sexual intercourse by the wife to the husband then such act after the withdrawl should be made punishable. Illustrations have also been given where the husband is not justified in having sexual intrcourse against the will of the wife. The article suggests that the legislature should remove from the code the marital exceptioon to rape as it cannot be said to represent the true position of the wife in the marriage.

The article makes an attempt to redefine rape not only as a sexual offence but also as an act of violence, which goes against the fundamental human rights laid down in the universal declaration of human rights. The treatment meted out to the rape victim and the onus on her to prove her lack of consent is all the reflection of patriarchal criminal justice system. The change in Indian rape law following the recommendations of law commission of India to change the substantive law, as well as law of evidence and procedural law, has been highlighted. A large number of custodial rape cases and subsequent acquittals of the guilty also cause concern. Insensitivity and apathy of the government results in delay and injustice and in most cases very little punishment. The issue of marital rape and legal sanction of cohabitation with a minor wife are discussed. U.N documents, even CEDAW has been criticised for making no mention of eradication of all forms of gender-based violence. A change in the U.N declaration is suggested to include not only the public sphere but also the primary male bastion-The family, so far considered the private sphere and outside the purview of Human Rights.