Introduction : “Violence is defined as the use of physical force against another person with a high likelihood of resulting in murder, injury, psychological harm, or other undesirable consequences. Furthermore, it is the intentional or probable intentional use of physical force against oneself, another person, or a group that results in or is likely to result in damage, death, psychological harm, poor development, or deprivation. Physical, sexual, or psychological violence, as well as acts of deprivation or carelessness, are all examples of violence. Sexual violence is without a doubt one of the most deadly forms of violence. Physical or sexual abuse by an intimate partner or another criminal is a threat to women all over the globe. Medical injuries, deterioration in mental health, and particular chronic physical illnesses may all result from sexual assault and IPV. In rare instances, such acts of aggression may result in the victim’s handicap or death. Sexual violence occurs in all cultures throughout the globe, but it is defined differently. Physically forcing another person to have sexual intercourse without their permission, having sexual intercourse out of fear of the partner, and/or being forced to perform a sexual act considered degrading are all examples of sexual assault. Although both men and women are victims of sexual assault, women are more likely to be victims, and the offenders are usually male and known to the victim. Because sexual assault is a frequently underreported occurrence, statistics are unlikely to reflect the actual scope of the issue. The data that is accessible is sparse and scattered. For example, police data is often inadequate and restricted. On the other side, data from medico-legal clinics may be skewed toward more violent cases of sexual abuse. Furthermore, the percentage of individuals who seek medical help for acute issues linked to sexual assault is minimal. Shame and humiliation, fear of not being believed, fear of the perpetrator of the crime, fear of the legal procedure, or scepticism that the police would be able to assist them are all reasons for not reporting. Due to severe humiliation and worries about other people’s views, their masculinity, and the fact that they were powerless to prevent the attack, males are much more hesitant to disclose sexual violence. As a result, data on the prevalence of sexual assault against men is particularly scarce. Sexual abuse of children is also frequently unreported. The majority of the information comes from individuals who were asked about their previous experiences.”
Bombay High Court : Sexual violence knows no boundaries, it occurs in every country, across all parts of society, Bharati Dangre, J., while noting a case of sexual harassment caused to a child aged 17 years due to which she took the step of ending her life, rejected the bail of the accused.
THE REASONS FOR THE RISE IN SEXUAL VIOLENCE INCIDENTS IN INDIA ARE AS FOLLOWS
• One of the reasons for India’s sexual violence problem could be the lack of female cops. When a woman is raped, she is more likely to report it to a female cop. In the past, just 7% of female police officers had worked in New Delhi. In fact, there is only one female station house officer in each of Delhi’s 161 district police stations.
• In Indian society, improper dress is blamed for the victim’s situation. This was demonstrated in an Indian judge survey, in which 68 percent of respondents agreed with the same premise. It’s a harsh reality, but it’s also the truth.
• Domestic violence is seen as deserving in Indian society. According to UNICEF, 57 percent of Indian boys and 53 percent of Indian girls believe that beating a wife is justifiable in one of their reports.
• No public safety- In most Indian societies, women who drink, smoke, or go late-night partying are considered as immoral and are the cause of rape. Women in India are obviously not safe in public areas if the general populace believes and accepts this kind of justification for rape. Victims of rape are discouraged from compromising because no family in Indian society is willing to accept that a member of their family has been raped. As a result, victims are frequently advised to avoid the chaos that follows rape in the police station.
• The majority of rapes in India are not even recorded. Despite the fact that laws are being drafted to protect rape victims and provide them with legal rights, there is still a problem with the laws’ execution.
WHAT OBSTACLES DO SURVIVORS OF SEXUAL ABUSE IN INDIA FACE IN GETTING JUSTICE?
Sexual Violence in South Asia: Legal and Other Barriers to Justice for Survivors, published in 2021, revealed that rape laws are still poorly implemented, and survivors, particularly those from vulnerable populations based on caste, class, or ethnicity, face numerous barriers to justice, including: Corruption among law enforcement officials, the failure of the police to register cases of sexual violence, the continued use of the two-finger test, difficulties in obtaining support services for survivors, such as compensation and victim and witness protection, pressure from families, community, and panchayat members to enter into extra-legal settlements, and many other issues. Control and patriarchy, as well as masculine entitlement, are at the heart of sexual assault. In India, society still frequently places blame on survivors, forcing survivors and their families to remain silent. This is especially true for people who are already on the margins of Indian society, making them particularly vulnerable to sexual abuse. The culture of shame follows survivors into law enforcement, the legal system, and hospitals, silencing their voices even more. 2021 report, Sexual Violence in South Asia: Legal and Other Barriers to Justice for Survivors, you can learn more about the legal and other barriers to justice for survivors in India.
BACKGROUND
A young girl aged 17 years jumped from the balcony of a flat and succumbed to injuries.
After a span of 96 days of the said incident, mother of the girl lodged a complaint against the applicant attributing to him that he had abetted a commission of suicide by her daughter on a fateful day.
Mother of the deceased got to know through the friend of her daughter that she had been receiving dirty messages from the applicant. On enquiring the same, daughter also showed her mobile phone which had the messages and a folder in the gallery, right after that the deceased barged out of the room. On inspecting, the screenshots were found in the mobile phone and immediately, by keeping mobile on the bed, the informant followed her daughter, who by that time, jumped from the gallery of another bedroom. On realizing the severity of the shocking incident, the informant became unconscious and she was informed that her daughter was taken to the hospital. The informant recollected that in the hospital, her daughter was little conscious and on being inquired as to why she took the extreme step, she murmured that it was because of “Gaurav uncle”. She did not utter anything further and was administered treatment in the hospital. A Chit which was found on the dressing table of the daughter was also given to police and then the CR was registered invoking Sections 306, 354A, 354-B of Penal Code, 1860 and Section 4 and 8 of the POCSO Act.
FOLLOWING WAS WRITTEN ON THE CHIT
“Mummy, I have not told you about one person, Gaurav Uncle in our house. For no reason, he often came close to me and attempted to touch my private parts. I concealed the same from you, but that was my mistake. I kept mum because I thought if I disclose it to you, it would result in quibble. However, he messaged me. Before one week ago, he was talking to me about bad things. The screen shots of the said message are stored in my mobile in the folder ‘SS’. On receipt of the message, I blocked him, but yesterday night, he texted me. I was unable to understand what I should do and how I should disclose it. After you come to know about this, please do not quarrel and let the things continue to remain as they are. You and Papa should not fight. Bye, Take care. Because even if I blocked him on the mobile, I will have to face him some day. I carry no feelings for him in my mind, still he said so and further Kaki narrating it to aunt and no matter how much I tolerate, I will be blamed”
ANALYSIS, LAW AND DECISION
Bench noted that the deceased was a young girl who was hesitant to disclose the ill-intentions of the applicant, who was her own uncle.
The present matter revolved around an intimate relationship of the deceased with her own uncle, which posed a barrier for the victim girl to report the said incident to anyone in the family, but she chose to disclose it to her close friend. The chit which was scribed by the deceased referred to a message and screenshots of which were found in the mobile phone. From the screenshots, it was evident that a message was forwarded by the applicant which was responded to by the deceased by typing that she was not interested in talking to him. The unhappy tone was set and in the note which was scribed, the deceased had opened her mind to her mother where she spoke about his ill-deeds and also offered an explanation as to why she concealed it from her mother.
Court noted that the deceased had expressed her helplessness since she was apprehensive that even if she had blocked him, she would have to face him again and take the blame though she had no feeling in her mind. “screen shots from the mobile make it apparent that the applicant was harassing the deceased and in spite of her strong protest, was seeking something from her, leaving her in a despondent state.”
“The offence of abetment by instigation depends upon the intention of the person who abet and not upon the act which is done by the person who was abetted.”
“Abetment as contemplated under Section 107 of the IPC, may be by instigation, conspiracy or intentional aid and the words uttered in feet of anger or omission without any intention being attributed cannot be termed as instigation.”
The High Court stated that the young girl felt cornered by the conduct and demeanor of her own uncle, which was unexpected since she held him on a high pedestal as her own father and was unable to vent her anguish on account of the close proximity of the family with that of the applicant.
DECEASED SUFFERED THE CONSEQUENCES MUTELY FOR A YEAR
While concluding the matter, Court made certain significant observations that, a child may be subjected to sexual abuse or exploitation at home too.
Unfortunately, we have not been able to create an atmosphere in the Society where parents, teachers and adults in the company of the child can identify signs of abuse and make sure children receive care and protection. In the present matter, the fear of stigma, not being believed and being blamed, found the deceased in a precarious situation and left her isolated and insecure and which persuaded her to end her life. In view of the above stated discussion, the accused does not deserve liberty and another reason would be his close proximity with the family of the deceased and there would be every likelihood that on release he may pressurize them. [Gaurav v. State of Maharashtra, Criminal Bail]
CONCLUSION
Every year worldwide, many drive it, social, cultural, and economic contexts. Sexual violence has a core inequality between men and women. Interventions for resource-poor to objectively examine programmes in both developed and emerging nations. Professionals in the health care assisting sex assault victims medically and psychologically – and gathering help prosecutors. The health- abler in places where case-management protocols and guidelines collecting evidence with well-trained workers and where there is good co-operation legal system Finally, the firm commitment government and civil society involvement, as well as a coordinated response throughout to end sexual violence. In many nations, data on sexuality there is a tremendous need everywhere for sexual research violence.
To sum up, sexual violence undermines peace and security. It prevents women and children from engaging in post-conflict reconstruction and reconciliation activities. It is a tool of war that may become a way of life, long after the bullets have fallen silent. Violence costs many women their health, livelihood, spouses, families, and social networks. This can undermine the transfer of communal values to subsequent generations. Rape-addicted children can develop into rape-addicted adults. Every year, millions of people are victimised by sexual violence. Interventions are also vital. These are the essential ones. concern main sexual violence prevention, interventions for both men and women strategies to help sexual assault victims to encourage rape perpetrators to be caught and punished, and changing social norms and elevating women.
Sexual Violence in South Asia: Legal and Other Barriers to Justice for Survivors, published in 2021, revealed that rape laws are still poorly implemented, and survivors, particularly those from vulnerable populations based on caste, class, or ethnicity, face numerous barriers to justice, including corruption among law-enforcement officials, the failure of the police to register cases of sexual violence, the continued use of the two-finger test, difficulties in obtaining support services for survivors, such as compensation and victim and witness protection, pressure from families, community, and panchayat members to enter into extra-legal settlements, and many other issues. Control and patriarchy, as well as masculine entitlement, are at the heart of sexual assault. In India, society still frequently places blame on survivors, forcing survivors and their families to remain silent.