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Editors
K. Jaishankar, Ph.D. Manonmaniam Sundaranar University, India
Natti Ronel, Ph.D. Bar Illan University, Israel
Scientific Committee of Reviewers

Debarati Halder (India)
Kushal Vibhute Ph.D. (Brunei/India)
P. Madhava Soma Sundaram Ph.D. (India)
Mally Shechory Ph.D. (Israel)
Mark David Chong Ph.D. (Australia/Singapore)
Michael Pittaro (USA)
Thomas J. Holt Ph.D. (USA)
Yuning Wu Ph.D. (USA/China)
Editorial Assistants
E. Enanalap Periyar
Neethu Susan Cherian
R. Sivakumar
January 2013
Published by
South Asian Society of Criminology and Victimology (SASCV) &
Department of Criminology and Criminal Justice
Manonmaniam Sundaranar University
Abhishekapatti, Tirunelveli 627 012 Tamil Nadu, India
http://www.sascv.org http://www.doccj.co.nr
ISBN: 978-81-906687-5-0
A Peer reviewed publication
Designed by K. Jaishankar
The citation should be the following: Jaishankar K., & Ronel, N. (2013). Proceedings of the Second
International Conference of the South Asian Society of Criminology and Victimology (SASCV) Tirunelveli, India:
SASCV & Department of Criminology and Criminal Justice, Manonmaniam Sundaranar University.
Disclaimer: This proceeding consists of papers presented at SASCV 2013 and are published in the same
version submitted by the authors. Opinions expressed in this proceeding are those of the contributor(s) and
no official endorsement by the SASCV / Editors or the Department of Criminology and Criminal Justice,
Manonmaniam Sundaranar University is intended or should be inferred. Any issue of plagiarism or
copyright violation will be the sole responsibility of the contributor(s) and not of the SASCV / Editors or
the Department of Criminology and Criminal Justice, Manonmaniam Sundaranar University.
Contents
Editors 1
Contributors 2
Editors’ Introduction: Revisiting Interpersonal Crimes and Victimization 15
PANEL I. INTERPERSONAL CRIMES AGAINST AND BY WOMEN 18
Paper 1
Marital rape: A socially and legally justified crime in India 19
Akansha Singh
Paper 2
An evaluation of treatment programs for female offenders in correctional 32
settings
Carrie Sullivan, Paula Smith and Edward Latessa
Paper 3
Parenting Style and Patriarchal abuse of educated women: A study of 38
victimization of mothers in India
Debarati Halder and Megha Shree
Paper 4
Scripting women in modern political system in India: Roots and routes 43
Geeta Sarkar, Mona Gupta and Sarita Pandey
Paper 5
Elderly abuse in India: Special reference to age old women widows 46
Gisa Sara Joy and Nasafi Rehman
Paper 6
The agony of womenhood reflected through victims of contemporary crimes 50
Gouri Naik
Paper 7 53
Spousal Rape: An increasing menace?
Greeshma Rai and Benjamin Thomas
Paper 8
The spatial dimension in women’s fear of crime 56
Hannah Christopher, Srinivas Tadeppalli and G. Subbaiyan
Contents
Paper 9
From a victim of abuse to homelessness 59
Helena Menih
Paper 10
Domestic violence as form of crime against women (Legal framework and 61
practice in Nepal)
Hema Pandey
Paper 11
Crime against market women and reporting practices in Oyo, Oyo State, 65
Nigeria
Johnson Ayodele
Paper 12
Security aspects of the elderly woman population: The role of social forces 68
Jyothi Vishwanath
Paper 13
Law relating to crimes against women under Indian Penal Code with special 71
reference to Assam
Kasturi Gakul
Paper 14
Victims of Battered Relationship in India 79
Mani Prakash and K. P. Thressiamma
Paper 15
Legal control of social monster of dowry in India: An analysis 84
Manjit Singh Nijjar
Paper 16
Female criminality in India: Causes and preventive measures 89
Mili Kishore Kumar and K. Jaishankar
Paper 17
Violence on women in the name on culture - Emphasis upon appropriate 99
interpretation of laws relating dowry death
A. Nagarathna and K. Sachidananda
iv
SASCV 2013
Paper 18
Facets of Crimes relating to Women and the Trend of Criminal Justice – 102
Indian context
N. Ravi
Paper 19
A study on rape from the perspective of victim with special reference to the 106
Nepalese context
Neetij Rai and Bikash Thapa
Paper 20
Organization of human trafficking: Tea hours at Sri Maha Po district, 110
Prachinburi province
Panassaya Angsuwattananon
Paper 21
Woman - Peril of her own sect: A paradigm of human trafficking in Gujarat 118
Pavithran Nambiar and Suhas Nambiar
Paper 22
Interpersonal crimes against and by women: An Indian perspective 123
F. Peter Ladis, Ganeshappa Deshmane and Sujata Tikande
Paper 23
Combating the problem of Trafficking of women for the purpose of 127
prostitution: Nepalese perspective
Ranjeeta Silwal and Salina Kafle
Paper 24
Prostitution: Criminalization or victimization of women 131
Rishab Garg and Ritwik Sneha
Paper 25
Economic Power of a Mother: The Truth behind the Veil 134
Ritika Behl
Paper 26
Chhaupadi victimizing women of Nepal 141
Roshi Bhandaree, Binita Pandey, Manisha Rajak and Pramila Pantha
Paper 27
Key players are the sole ‘victims’: Problem of prostitution in India 144
Sachin Sharma and B. Jagan Mohan
v
Contents
Paper 28
Single mothers- victim of double jeopardy in the society 147
Shreya Sinha and Priti Sharma
Paper 29 150
Dalit rape victims: an Analysis of Victim Justice in India
G. Shunmuga Sundaram, R. Sivakumar, L. Xavier
Paper 30
Mental health status and alienation of criminal women: A psychological study 154
Sylaja Sureshkumar
Paper 31
Discrimination and victimization of women on the workplace: prevalence and 158
characteristics
Vesna Nikolic-Ristanovic
Paper 32
Law relating to Violence against Married Women in India: Whether unleashing 161
Legal Terrorism?
B. Vijaya Laxmi
PANEL II. INTERPERSONAL CRIMES AGAINST CHILDREN AND 166

YOUTH
Paper 33
A womb unknown: The socio-legal complexities of surrogate child custody 167
Shubhangi Roy and Sankeerth Vittal
Paper 34
Child Victimization: Victimization to Criminality as an example of child labor 170
Abhay Awasthi
Paper 35
Reform of laws and institutions pertaining to sexual offences against children in 174
India
Anupam Jha
Paper 36
The reasons why children and youth commit crimes 178
Aranee Vivatthanaporn
vi
SASCV 2013
Paper 37
Child sexual abuse: A malady that lacks alleviation 181
Argha Kumar Jena, Biswadeep Ghosh and Tanusree Kar
Paper 38
Rights of the children of armed conflict in Kashmir 184
Asma Jan
Paper 39
Representing Child Victims of Crime (in Criminal Court) - Giving the victim a 188
voice
Dana Pugach
Paper 40
Violation of the rights of children living in a slum setting 191
Harshita Harshu
Paper 41
Children in conflict with law at different stages within the justice system. 194
Intezar Khan
Paper 42
Rehabilitating the exploited children and the criminalized youth of India 197
Joel Devavaram, David Augustine Karunakaran and Arun Ji
Paper 43
A Nurture perspective on juvenile delinquency: homes sans role models 200
Jonathan Rodrigues
Paper 44
How restorative and solution-focused interventions can be used to address 204
crime and offenses against and by youth
Lorenn Walker
Paper 45
Review of Laws for Protection of Children from abuses in India 208
Ravishankar K. Mor
Paper 46
Influence of Media Violence on Youth and their tendency to commit Crime 211
Neethu Susan Cherian, E. Enanalap Periyar and Amit Gopal Thakre
vii
Contents
Paper 47
Crime against children: Realizing gaps in criminology and legislation 216
Reshma Lesle and Jayachithira Bhaskar
Paper 48
Child soldier phenomenon: A challenge to international humanitarian and 224
human rights law
Asha Verma and Ruchi Lal
Paper 49
When the child decides to marry: Some reflections on the legal issues with 228
special reference to the criminal justice system in India
G. Sreeparvathy
Paper 50
What children say about violence, victimization and punishment? 231
Srisombat Chokprajakchat
Paper 51
Educating virtues in order to prevent crimes?: Strategies to minimize 234
interpersonal crimes among children and youth
C. S. John Christopher and Johan De Tavernier
PANEL III. MEN AS VICTIMS: MYTHS AND REALITIES 243
Paper 52
Balancing of competing interests, women as perpetrators and men as victims: A 244
comparative relook in the existing legal frame work of India and Kenya
Durgambini Patel, Sonia Nagarale and Nthenge Paul
Paper 53
Men as victims of intimate partner violence - A global issue. 247
Mukta Mane
Paper 54
Men as victims: myths and realities 252
Nayantara Narayan and Rajshekhar Upadhyaya
Paper 55
Men of abuse: A legal standpoint 256
Probal Bose and Tanay Sarkar
viii
SASCV 2013
Paper 56
Female bias of matrimonial law 258
Raghav Talwar and Priya Bhatnagar
Paper 57
Men as victims: Myths and realities 261
V. Ramyakrishnan
Paper 58
A silent cry of men 267
Sarita Kumari and Debashree Singh
Paper 59
Interpersonal crimes: A critical study of systematic bias against men 271
Sukdeo Ingale
PANEL IV. CULTURE CONFLICT AND VICTIMIZATION OF GROUPS 275
Paper 60
Penal Laws and Rights of Transgender: International Perspective with Special 276
Reference to Section 377 of the Indian Penal Code, 1860
Asha Soman
Paper 61
Demonological theory of crime: A study of witch accusation in Nepal 280
Binita Pandey
Paper 62
Gender neutral or gender specific predictors of recidivism: Should risk 284
assessment incorporate separate scales for boys and girls?
Brian Lovins, Myrinda Schweitzer and Carrie Sullivan
Paper 63
Under-aged commercial sex: Who really are the victims? A Singapore 290
perspective.
S. Chandramohan
Paper 64
Labeling of “de-notified” tribes: Revisiting the ramoshis in Maharashtra 293
Dattatary Bhandalkar
ix
Contents
Paper 65
Victimization of slum dwellers due to displacement and relocation: A study of 296
Delhi metropolis
Divya Priyadarshini
Paper 66
Policing domestic violence in South Africa 301
Doraval Govender
Paper 67
Victimization of parolees and its effects on prisoner wellbeing 305
S. T. Janetius and T.C. Mini
Paper 68
Revisiting the constitutionality of the crime of adultery 310
Joel Jose
Paper 69
Criminal situations in Bangkok and the social control theories 314
Jomdet Trimek
Paper 70
Arguments for decriminalizing the attempt to suicide in India 317
Kshitiz Karjee
Paper 71
Death, Disappearance and Deprivation: A Human Rights Perspective 320
M.K.Sharafudheen
Paper 72
Forensic Investigation of Sexual Crime against Women and Children in India 324
Mukesh Kumar Thakar
Paper 73
Live in relationship in India: the need for a special legislation 329
S. Murugesan and C. Loganathan
Paper 74
How can victimology become positive? 333
Natti Ronel
x
SASCV 2013
Paper 75
Honour killing: Killing the honour of humanity? 338
Sandesh Jaybhay, Dataraj Patwe and Priyanka Jawale
Paper 76
Problems of elderly people: Remedy lies somewhere else 341
Superna Venaik and Geetika Garg
Paper 77
Spatial distribution of crime analysis in Coimbatore rural area, using GIS 343
A. Thangavelu, S. R. Sathyaraj and S. Balasubramanian
Paper 78
Application of domestic violence legislation and gender 351
Vesna Nikolic-Ristanovic and Ljiljana Stevkovic
Paper 79
Consequences of domestic violence 355
G. S. Venumadhava and Ravikanth B. Lamani
Paper 80
Victims of human trafficking in Thailand: A study of women and children 362
Viraphong Boonyobhas
PANEL V. INTERPERSONAL CYBER CRIMES: 377

PROBLEMS OF SOCIAL NETWORKING
Paper 81
Linking Cyber Crime to the Social Media: A Case Study of Victims in Kolkata 378
Amrita Sen
Paper 82
Social NOT working: examining the ‘personal’ in interpersonal dating cyber 383
crimes
Aunshul Rege
Paper 83
Social networking sites social or anti-social? 387
Dataraj Patwe and Jyoti Bhakare
xi
Contents
Paper 84
Targeting teachers in the social networking sites: An analysis from legal and 390
criminological perspectives
Debarati Halder and K. Jaishankar
Paper 85
A critical study of impact of hate crimes in cyber space 393
Deeksha Gulati and Suma Barua
Paper 86
Sexual exploitation of children over the Internet - International perspectives 396
Jyoti Bhakare
Paper 87
Identity theft crime in India - Suggestions for clarity under IT Act 400
Kruthi Kalaga
Paper 88
Social Networking: A new target of cyber crime 404
Mehtab Khalil and Subuhi Hassan
Paper 89
Assessing the present status of cyber criminology: Obstacles, challenges, and 408
promising paths
Michael Bachmann, Brittany Bachmann and Patrick Kinkade
Paper 90
Cyber Stalking: Regulating harassment over internet 410
Nithin V. Kumar and R. Devi Shri
Paper 91
Reflections of cyber naxalism on social networking behaviours in cyber 414
democracy
Payal Thaorey
Paper 92
Generation Y and online victimization in Nigeria: How vulnerable are younger 418
internet users
Philip Ndubueze
xii
SASCV 2013
Paper 93
Ascertaining jurisdictional and related issues: Cyber space analysis 422
Prachi Negi and Mustafa Haji
Paper 94
The misuse of social networking sites by terrorists: challenges to India’s national 425
security in the 21st century
Praful Adagale
Paper 95
India is a victim of electronic and social networking warfare: An analysis 429
Riyazahmed Mangoli and Mohammed Subhan Attar
Paper 96
New media and society: overview of the cyber crimes a study on the impact of 432
social networking sites on Indian youth
Rohit Bafna and Shatakshi Shekhar
Paper 97
Cyber crimes and Legal issues 437
Shalini Singh and Palak Gupta
Paper 98
Cyber Stalking: Perspective from cyber policing experience 440
Sujit Mukhopadhyay
Paper 99
Exploring the Correlates of Cyber Bullying Victimization among Youth in 444
Singapore
Thomas Holt, Grace Chee and Esther Ng
Paper 100
Obscenity in social networking sites 449
Tripti Verma and Arun P. Mandal
xiii
Editors
K. Jaishankar, PhD, is a senior assistant professor in the Department of Criminology

and Criminal Justice, and Member of Syndicate, Manonmaniam Sundaranar University,
Tirunelveli, India. He was a Commonwealth Fellow (2009–2010) at the Centre for
Criminal Justice Studies, School of Law, University of Leeds, UK, and has completed a
research project on victims of cyber crimes. He is the founding editor-in-chief of the
International Journal of Cyber Criminology (www.cybercrimejournal.com) and editor-in-
chief of the International Journal of Criminal Justice Sciences (www.ijcjs.co.nr). He is the
founder president of the South Asian Society of Criminology and Victimology (SASCV)
(www.sascv.org) and executive director of the Centre for Cyber Victim Counselling
(CCVC) (www.cybervictims.org). Jai was a discussant in the “Opening discussion: Focusing
on victims of crime—comparing crime patterns and improving practice. Researchers’ advice to policy”
of the Stockholm Criminology Symposium held during June 11–13, 2012, in Stockholm,
Sweden, and responded to the questions of Beatrice Ask, the Swedish minister for justice,
and Paula Teixeria da Cruz, the Portuguese minister for justice. Jai was a keynote speaker
at the 14th World Society of Victimology Symposium held during May 20–24, 2012, in
The Hague, the Netherlands. He has published several books and articles in leading
international journals. His areas of academic competence are victimology, cyber
criminology, crime mapping, GIS, communal violence, policing, and crime prevention.
Natti Ronel, PhD, is an associate professor in the Department of Criminology, Bar-Ilan

University, Ramat Gan, Israel. He previously served as the researcher-in-chief of the
interdisciplinary Center for Children and Youth Studies in Tel Aviv University. He is also
a licensed clinical criminologist who has a private practice with the criminal population,
youth, and adults who exhibit addiction, violence, and/or victimization. Natti leads
continuous training courses for criminal justice and victim assistance professionals and he is
a recurring faculty member of the annual postgraduate course of Victimology, Victim
Assistance, and Criminal Justice in the Inter University Centre, Dubrovnik, where he
lectures on therapy for recovering victims. His various writings reflect both his clinical and
academic experiences in criminology. He has a special focus on the spiritual aspect of
criminology and victimology—its values and impact on individuals and communities:
spiritual-based intervention and recovery, moral transformation, and forgiveness and
spiritual intelligence. Natti is the proponent of a new criminological theory “the criminal
spin,” and the conceptualization of a new perspective in criminology and victimology:
“positive criminology” and “positive victimology,” respectively. He is head of the
research group for the development and study of positive criminology at Bar-Ilan
University, Israel. He has written and edited several books. He is a member of the
advisory board of SASCV.
Contributors
Abhay Awasthi, MPhil Graduate, Department of Studies in Criminology and Forensic
Science, Maharaja's College, University of Mysore, Mysore, Karnataka, India. Emails:
[email protected], [email protected]
Akansha Singh, Under Graduate in Law, National Law Institute University, Bhopal,
Kerwa Dam Road, Bhopal - 462 044, Madhya Pradesh, India. Email:
[email protected]
Amit Gopal Thakre, UGC Doctoral Research Fellow, Department of Criminology and
Criminal Justice, Manonmaniam Sundaranar University, Tirunelveli, Tamil Nadu, India.
Email: [email protected]
Amrita Sen, PhD Candidate, Department of Social Sciences and Humanities, Indian
Institute of Technology Bombay, Powai, Mumbai - 400076, Maharashtra, India. Email:
[email protected]
Anupam Jha, Senior Assistant Professor, Law Center-II, Faculty of Law, University of
Delhi, India. Email: [email protected]
Aranee Vivatthanaporn, PhD Candidate, Rangsit University International College,

Ruttanakhunakorn Bld. 2nd floor, 52/347 Muang-Ake, Phaholyothin Rd., Lak-Hok,
Muang, Pathumthani 12000 Thailand. Email: [email protected]
Argha Kumar Jena, Undergraduate in Law, Symbiosis Law School, Sector 62, Block A,
Plot 47/48, In front of Nokia-Siemens Networks New Okhla Industrial Development
Area, Noida, Uttar Pradesh 201301, India. Email: [email protected]
Arun J, Post Graduate, St. John's College, Palayamkottai, Tirunelveli – 627 002 Tamil
Nadu, India. Email: [email protected]
Arun P. Mandal, Post Graduate in Law, Criminology group, Mats Law School, Raipur,
Chhattisgarh, India, Email: [email protected].
Asha Soman, Post Graduate in Law, School of Legal Studies, Cochin University of
Science and Technology, Kochi, Kerala, India. Email: [email protected]
Asha Verma, Assistant Professor, Amity Law School, AUUP, S. 125, Noida, Uttar
Pradesh, India. Email: [email protected]
Asma Jan, PhD Candidate, Department of Social Work, Jamia Millia Islamia University,
New Delhi, India. Email: [email protected]
Contributors
Aunshul Rege, Assistant Professor, Department of Criminal Justice, Gladfelter Hall, 5th
floor, Temple University, 1115 W. Berks Street, Philadelphia PA 19122, United States of
America. Email: [email protected]
Benjamin Thomas, Software Engineer, McAfee Software (India) Pvt. Ltd, Stylus
Business Center, CB-01, 1st Floor, Pine Valley, Embassy Golf Links Business Park, Off
Intermediate Ring Road, Domlur, Bangalore 560071, Karnataka India. Email:
[email protected]
Bikash Thapa, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

Bhaktapur, Nepal. Email: [email protected]
Binita Pandey, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

Biswadeep Ghosh, Undergraduate in Law, Symbiosis Law School, Sector 62, Block A,
Brian Lovins, Research Associate and Assistant Director of Corrections Institute, School
of Criminology and Criminal Justice, University of Cincinnati, Cincinnati, Ohio, United
States of America. Email: [email protected]
Brittany Bachmann, Faculty Member, Department of Criminal Justice, Scharbauer

Hall, Suite 4200, 2855 Main Dr., Fort Worth, TX 76129, Texas, United States of
Carrie Sullivan, Research Associate, Center for Criminal Justice Research and
Corrections Institute, School of Criminology and Criminal Justice, University of
Cincinnati, Cincinnati, Ohio, United States of America. Email: [email protected]
S. Chandramohan, Associate Professor (Practice), School of Law, Singapore

Management University, 60 Stamford Road #04-11, Singapore 178900. Email:
[email protected]
Dana Pugach, Director, Noga Center for Victims of Crime, Faculty of Law, Ono
Academic College, 104 Zahal St., Kiryat, Ono 55000, Israel. Email: [email protected]
Dataraj Patwe, Undergraduate in Law, Poona District Education Association´s Law

College, Sr.No.215/2, 277/2, Annasaheb Magar College Campus, Hadapsar, Pune -
411028, Maharashtra, India. Email: [email protected]
3
SASCV 2013
Dattatary Bhandalkar, PhD Candidate, School of Social Work, Tata Institute of Social
Sciences, Opposite the Deonar Bus Depot, V N Purav Marg, Mumbai, MH 400088,
India. Email: [email protected]
David Augustine Karunakaran, Associate Professor, Department of English, St. John's

College, Palayamkottai, Tirunelveli – 627 002 Tamil Nadu, India.
Debarati Halder, Advocate and Managing Director, Centre for Cyber Victim
Counselling (CCVC), Tirunelveli, Tamil Nadu, India. Email:
[email protected]
Debashree Singh, Under Graduate in Law, National Law University Odisha, Chahata,
Mahanadi Ring Road, Tulasipur, Cuttack - 753 008, Odisha, India. Email:
[email protected]
Deeksha Gulati, Post Graduate in Law, Department of Law, University of Pune,

Ganeshkhind, Pune-411007, Maharashtra, India. Email: [email protected]
R. Devi Shri, Post Graduate in Law, School of Legal Studies, Cochin University of
Divya Priyadarshini, PhD Candidate, Department of Sociology, Delhi School of

Economics, University of Delhi, DeChhatra Marg New Delhi, DL 110007, India. Email:
[email protected]
Doraval Govender, Senior Lecturer, College of Law, School of Criminal Justice,

Criminology and Security Science, Programme Group Security Management, University
of South Africa, P O Box 392, UNISA 0003, South Africa. Email: [email protected]
Durgambini Patel, Department of Law, University of Pune, Ganeshkhind, Pune-

Edward Latessa, Professor and Director, University of Cincinnati, Cincinnati, Ohio,

United States of America. Email: [email protected]
E. Enanalap Periyar, ICSSR Doctoral Research Fellow, Department of Criminology

and Criminal Justice, Manonmaniam Sundaranar University, Tirunelveli, Tamil Nadu,
Esther Ng, Founder, Coalition against Bullying for Children and Youth, #19 Tanglin
Road, Tanglin Shopping Center, #05-19, 247909, Singapore. Email:
[email protected]
4
Contributors
F. Peter Ladis, PhD, Candidate, Chanakya National Law University, Nyaya Nagar,
Mithapur, Patna-800001, Bihar, India. Email: [email protected]
G. S. Venumadhava, P.G Dept of Studies in Criminology and Forensic Science,

Karnatak University, Dharwad-03, Karnataka, India. Email: [email protected]
G. Sreeparvathy, Assistant Professor in Law, National Law University, Jodhpur, NH-65,

Nagour Road, Mandore, Jodhpur – 342304, Rajasthan, India. Email:
[email protected]
G. Subbaiyan, PhD Candidate, National Institute of Technology, Thanjavur Road

Trichy, 620 015Tamil Nadu, India. Email:
Ganeshappa Deshmane, Mind Crest India Pvt. Ltd, 603/604 BLOCK D, Weikfield It-
Citi Info Park, Nagar Rd, Vadgaonsheri, Pune 411 014, Maharashtra, India. Email:
[email protected]
Geeta Sarkar, Assistant Professor of Political Science, Government Degree College,

Sleemnabad, Katni, Madhya Pradesh, India. Email: [email protected]
Geetika Garg, Assistant Professor in Management, Harlal Institute of Management &

Technology, 08, Institutional Area Knowledge Park - 1, Greater Noida, Distt - Gautam
Budh Nagar, Uttar Pradesh - 201301, India. Email: [email protected]
Gisa Sara Joy, Post Graduate in Law, School of Legal Studies, Cochin University of
Gouri Naik, Under Graduate in Law, Balaji Law College, Survey No-3/1+4, Aundh-
Ravet Road, Thathawade, Pune, 411 033, Maharashtra, India. Email:
[email protected]
Grace Chee, PhD Candidate, Room 7 Human Ecology Building, Department of

Human Development and Family Studies, Michigan State University, East Lansing,
Michigan 48824, United States of America. Email: [email protected]
Greeshma Rai, Under Graduate in Law, SDM Law College, Mg Road, Kodialbail,
Mangalore, Karnataka, India. Email: [email protected]
Hannah Christopher, PhD Candidate, National Institute of Technology, Thanjavur

Road Trichy, 620 015Tamil Nadu, India. Email: [email protected]
5
SASCV 2013
Harshita Harshu, PhD Candidate, University School of Humanities & Social Sciences,
Guru Gobind Singh Indraprastha University, Sector 16-C, Dwarka, New Delhi 110 078,
Helena Menih, Doctoral Scholar, School of Criminology and Criminal Justice, Mt

Gravatt campus, Social Sciences building (M10), Griffith University, 176 Messines Ridge
road, Mt Gravatt Qld 4122, Australia. Email: [email protected]
Hema Pandey, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

Intezar Khan, Assistant Professor, Department of Social Work, Jamia Millia Islamia
University, New Delhi, India. Email: [email protected]
S. T. Janetius, Director, Centre for Counselling & Guidance, Sree Saraswathi

Thyagaraja College, Palani Road, Pollachi, Coimbatore, Tamil Nadu 642107, India.
Jayachithira Bhaskar, Post Graduate in Law, School of Legal Studies, Cochin

University of Science and Technology, Kochi, Kerala, India. Email:
[email protected]
Joel Devavaram, Post Graduate, St. John's College, Palayamkottai, Tirunelveli – 627
002 Tamil Nadu, India. Email: [email protected]
Joel Jose, Advocate, A-74, Lower Ground Floor, Defence Colony, New Delhi-110024,
Johan De Tavernier, Vice-Dean for International Relations, Faculty of Theology and

Religious Studies, Sint-Michielsstraat 6 - bus 3101, B-3000 Leuven, Belgium. Email:
[email protected]
C. S. John Christopher, Holy Spirit College, Naamsestraat-40, 3000 Leuven, Belgium.

Johnson Ayodele, Faculty Member, Department of Sociology, Lagos State University,

P.M.B. 01 LASU Ojo, Lagos State, Nigeria, West Africa. Email:
[email protected]
Jomdet Trimek, PhD Candidate, Rangsit University International College,

Ruttanakhunakorn Bld. 2nd floor, 52/347 Muang-Ake, Phaholyothin Rd., Lak-Hok,
Muang, Pathumthani 12000 Thailand. Email: [email protected]
6
Contributors
Jonathan Rodrigues, Post Graduate, P.G Dept of Studies in Criminology and Forensic
Science, Karnatak University, Dharwad-03, Karnataka, India. Email:
[email protected]
Jyothi Vishwanath, Assistant Professor, Post Graduate Department of Studies in Law

and University Law College, Bangalore University, Bangalore, Karnataka, India. Email:
[email protected]
Jyoti Bhakare, Associate Professor, Department of Law, University of Pune,

K. Jaishankar, Member Syndicate – MSU; President – SASCV, Senior Assistant

Professor, Dept. of Criminology & Criminal Justice, Manonmaniam Sundaranar
University, Tirunelveli, Tamil Nadu, India. Email: [email protected]
Kasturi Gakul, Department of Law, Gauhati University, Guwahati- 781 014, Assam,
Kruthi Kalaga, Undergraduate in Law, KLE Law College, 17th Main Road, Rajajinagar
2nd Block Bangalore, Karnataka 560010, India. Email: [email protected]
Kshitiz Karjee, Undergraduate in Law & Campus Associate, Amity Law School, AUUP,
S. 125, Noida, Uttar Pradesh, India. Email: [email protected]
Ljiljana Stevkovic, Victimology Society of Serbia, Dositejeva 1a,11000 Beograd, Serbia.

C. Loganathan, Faculty Member, Government Law College, Tiruchirappalli, - 620 023,

Tamil Nadu India. Email: [email protected]
Lorenn Walker, Peace making Lawyer, Hawai’i Friends of Justice & Civic Education,
United States Minor Outlying Islands. Web: http://www.lorennwalker.com &
www.hawaiifriends.org. Email: [email protected]
Mani Prakash, Undergraduate in Law, ILS Law College, Law College Road, Pune -
Manisha Rajak, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

Manjit Singh Nijjar, Professor, Department of Law, Punjabi University, Patiala, Punjab
-147002, India. Email: [email protected]
7
SASCV 2013
Megha Shree, PhD Candidate, Centre for Jawaharlal Nehru Studies, Jamia Milia Islamia
University, Delhi, India. Email: [email protected]
Michael Bachmann, Assistant Professor, Department of Criminal Justice, Scharbauer

Hall, Suite 4200, 2855 Main Dr., Fort Worth, TX 76129, Texas, United States of
Mili Kishore Kumar, PhD Research Scholar, Department of Criminology & Criminal
Justice, Manonmaniam Sundaranar University, Tirunelveli, Tamil Nadu, India. Email:
[email protected]
Mohammed Subhan Attar, Post Graduate in Criminology, The National Institute of

Criminology & Forensic Science (LNJN-NICFS), Institutional Area, Outer Ring Road,
Sector-3, Rohini, New Delhi, India. Email: [email protected]
T.C. Mini, Director, Rathinam Institute of Management, Rathinam Tech Zone

Campus, Eachanari, Pollachi Road, Coimbatore, Tamil Nadu, India - 641 021. Email:
[email protected]
Mona Gupta, Assistant Professor of English, Government Degree College, Sleemnabad,

Katni, Madhya Pradesh, India. Email: [email protected]
Mukesh Kumar Thakar, Professor, Department of Forensic Science, Punjabi

University, Patiala, Punjab, India. Email: [email protected]
Mukta Mane, Department of Law, University of Pune, Ganeshkhind, Pune-411007,

Maharashtra, India. Email: [email protected]
S. Murugesan, Faculty Member, Government Law College, Tiruchirappalli, - 620 023,

Tamil Nadu India. Email: [email protected]
Mustafa Haji, Undergraduate in Law, NALSAR University of Law, Justice City,

Shameerpet, R.R. Justice, Hyderabad, 500078, Andhra Pradesh, India. Email:
[email protected]
Myrinda Schweitzer, Research Associate and Assistant Director of Corrections Institute,

School of Criminology and Criminal Justice, University of Cincinnati, Cincinnati, Ohio,
United States of America. Email: [email protected]
Nasafi Rehman, Post Graduate in Law, School of Legal Studies, Cochin University of
Science and Technology, Kochi, Kerala, India. Emails: [email protected]
8
Contributors
V. Ramyakrishnan, PhD Candidate, KIIT School of Law, Campus XVI, KIIT

University, Patia, Bhubaneswar 751024. Odisha, India. Email: [email protected]
N. Ravi, Faculty Member, Dr. B.R. Ambedkar Government Law College, Mathur
Road, Kalapet, Puducherry – 605014, India. Emails: [email protected],
[email protected]
A. Nagarathna, Assistant Professor of Law, National Law School of India University,

Nagarbhavi, Bangalore - 560 242, Karnataka, India. Email: [email protected]
Natti Ronel, Associate Professor, Department of Criminology, Bar-Ilan University,

Ramat Gan, 52900, Israel. E-mail: [email protected]
Nayantara Narayan, Undergraduate in Law, Symbiosis Law School, Sector 62, Block
A, Plot 47/48, In front of Nokia-Siemens Networks New Okhla Industrial Development
Neethu Susan Cherian, UGC Project Fellow, Department of Criminology and

Neetij Rai, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9, Bhaktapur,

Nepal. Email: [email protected]
Nithin V. Kumar, Undergraduate in Law, NALSAR University of Law, Justice City,

[email protected]
Nthenge Paul, PhD Candidate, Department of Law, University of Pune, Ganeshkhind,

Pune-411007, Maharashtra, India. Email: [email protected]
Palak Gupta, Undergraduate in Law, Gujarat National Law University, Attalika Avenue,
Knowledge Corridor, Koba, Gandhinagar - 382007, Gujarat, India. Email:
[email protected]
Panassaya Angsuwattananon, PhD Candidate, Rangsit University International

College, Ruttanakhunakorn Bld. 2nd floor, 52/347 Muang-Ake, Phaholyothin Rd., Lak-
Hok, Muang, Pathumthani 12000 Thailand. Email: [email protected]
Patrick Kinkade, Associate Professor and Chair, Department of Criminal Justice,

Scharbauer Hall, Suite 4200, 2855 Main Dr., Fort Worth, TX 76129, Texas, United
States of America. Email: [email protected]
9
SASCV 2013
Paula Smith, Assistant Professor and Director, Corrections Institute, University of

Cincinnati, Cincinnati, Ohio, United States of America. Email: smithp8@ ucmail.uc.edu
Pavithran Nambiar, Police Sub Inspector, Police Research Center, CID Crime,
Gandhi Nagar, Gujarat, India. Email: [email protected]
Payal Thaorey, Assistant Professor, Department of Law, University of Pune,

Philip Ndubueze, PhD Candidate Department of Sociology/Anthropology, University

of Nigeria, Nsukka, Nigeria. Email: [email protected]
Prachi Negi, Undergraduate in Law, NALSAR University of Law, Justice City,

[email protected]
Praful Adagale, PhD Candidate, Yashwantrao Chavan National Centre of International

Security and Defence Analysis (YC-NISDA), University of Pune, Pune, India. Email:
[email protected]
Pramila Pantha, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

Priti Sharma, Under Graduate in Law, Institute of law, Nirma University, Sarkhej-
Gandhinagar Highway, Chandlodia, Ahmedabad - 382 481, Gujarat, India. Email:
[email protected]
Priya Bhatnagar, Under Graduate in Law, University Institute of Legal Studies, Panjab
University, Sector 14, Chandigarh, U.T. - 160014, India Email:
[email protected]
Priyanka Jawale, Undergraduate in Law, Department of Law, University of Pune,

Probal Bose, Under Graduate in Law, Hidayatullah National Law University, Uparwara
Post, Abhanpur New Raipur - 493661 Chhattisgarh, India. Email:
[email protected]
Raghav Talwar, Under Graduate in Law, University Institute of Legal Studies, Panjab
University, Sector 14, Chandigarh, U.T. - 160014, India. Email: [email protected]
Rajshekhar Upadhyaya, Undergraduate in Law, Symbiosis Law School, Sector 62,

Block A, Plot 47/48, In front of Nokia-Siemens Networks New Okhla Industrial
10
Contributors
Development Area, Noida, Uttar Pradesh 201301, India. Email:

[email protected]
Ranjeeta Silwal, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

Ravikanth B. Lamani, P.G Dept of Studies in Criminology and Forensic Science,

Karnatak University, Dharwad-03, Karnataka, India. Email:
[email protected]
Ravishankar K. Mor, Assistant Professor, Department of Law, Yeshwant

Mahavidyalaya, Wardha, Maharashtra, India. Email: [email protected]
Reshma Lesle, Post Graduate in Law, School of Legal Studies, Cochin University of
Rishab Garg, Undergraduate in Law, Amity Law School, AUUP, S. 125, Noida, Uttar
Ritika Behl, Undergraduate in Law, Amity Law School, AUUP, S. 125, Noida, Uttar
Ritwik Sneha, Undergraduate in Law, Amity Law School, AUUP, S. 125, Noida, Uttar
Riyazahmed Mangoli, Assistant Professor, P.G Dept of Studies in Criminology and

Forensic Science, Karnatak University, Dharwad-03, Karnataka, India.
Email:[email protected].
Rohit Bafna, Undergraduate in Law, Symbiosis Law School, Sector 62, Block A, Plot
47/48, In front of Nokia-Siemens Networks New Okhla Industrial Development Area,
Noida, Uttar Pradesh 201301, India. Email: [email protected]
Roshi Bhandaree, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

Ruchi Lal, PhD Candidate, Law Center-II, Faculty of Law, University of Delhi, India.
Salina Kafle, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

11
SASCV 2013
Sandesh Jaybhay, Undergraduate in Law, Poona District Education Association´s Law

College, Sr.No.215/2, 277/2,Annasaheb Magar College Campus, Hadapsar, Pune -
Sankeerth Vittal, Undergraduate in Law, Gujarat National Law University, E-4, GIDC
Electronics Estate, Sector 26, Gandhinagar - 382 028, Gujarat, India. Email:
[email protected]
Sarita Kumari, Under Graduate in Law, National Law University Odisha, Chahata,
Mahanadi Ring Road, Tulasipur, Cuttack - 753 008, Odisha, India. Emails:
[email protected], [email protected]
Sarita Pandey, Assistant Professor of Sociology, Government Degree College,

Sleemnabad, Katni, Madhya Pradesh, India. Email: [email protected]
Shalini Singh, Undergraduate in Law, Gujarat National Law University, Attalika

Avenue,Knowledge Corridor, Koba, Gandhinagar - 382007, Gujarat, India. Email:
[email protected]
M. K. Sharafudheen, Human Rights Observer, NARO: National Amnesty and

Redemption Organisation, N44 Hilal Homes, 2nd Stage, Ground Floor, Abul Fazal
Enclave, Jamia Nagar, New Delhi - 25. Email:[email protected]
Shatakshi Shekhar, Undergraduate in Law, Symbiosis Law School, Sector 62, Block A,
Shreya Sinha, Under Graduate in Law, Institute of law, Nirma University, Sarkhej-
Gandhinagar Highway, Chandlodia, Ahmedabad - 382 481, Gujarat, India. Email:
[email protected]
Shubhangi Roy, Undergraduate in Law, Gujarat National Law University, E-4, GIDC
Electronics Estate, Sector 26, Gandhinagar - 382 028, Gujarat, India. Email:
[email protected]
G. Shunmuga Sundaram, BPR&D Project Research Associate, Department of

Criminology and Criminal Justice, Manonmaniam Sundaranar University, Tirunelveli,
Tamil Nadu, India. Email: [email protected]
R. Sivakumar, BPR&D Doctoral Research Fellow, Department of Criminology and

12
Contributors
Sonia Nagarale, Department of Law, University of Pune, Ganeshkhind, Pune-411007,

Maharashtra, India. Email: [email protected]
Srinivas Tadeppalli, PhD Candidate, National Institute of Technology, Thanjavur

Road Trichy, 620 015Tamil Nadu, India. Email:
Srisombat Chokprajakchat, Associate Professor, Department of Social Science,

Mahidol University, 4 Salaya, Phutthamonthon, Nakhon Pathom 73170, Thailand. Email:
[email protected]
Subuhi Hassan, Undergraduate in Law, KIIT School of Law, KIIT University, Campus
- 16, KIIT University Prasanti Vihar, Patia, Bhubaneswar, Odisha, India. Email:
[email protected]
Suhas Nambiar, Visiting Faculty Member, Department of Political Science, School of

Social Sciences, Gujarat University, Ahmedabad, Gujarat, India. Email:
[email protected]
Sujata Tikande, Faculty Member, Balaji Law College, Survey No-3/1+4, Aundh-Ravet
Road, Thathawade, Pune, 411 033, Maharashtra, India. Email: advsujatatikande@gma
Sujit Mukhopadhyay, Police Inspector, Cyber Crime Cell, Kolkata Police, Barabazar
Market 18, Lal Bazar Street, Kolkata, West Bengal 700001, India. Email:
[email protected]
Sukdeo Ingale, Assistant Professor, D.E.S. Law College, Gate No. 3, Fergusson College
Campus, Pune - 411 004. Maharashtra, India. Web: http://deslaw.edu.in. Email:
[email protected]
Suma Barua, Post Graduate in Law, Department of Law, University of Pune,

Superna Venaik, Assistant Professor, Amity Law School, AUUP, S. 125, Noida, Uttar
Sylaja Sureshkumar, Sree Sankaracharya University of Sankrit, Kalady, Ernakulam,

Kerala, India. Email: [email protected]
Tanay Sarkar, Under Graduate in Law, Hidayatullah National Law University,

Uparwara Post, Abhanpur New Raipur - 493661 Chhattisgarh, India. Email:
[email protected]
13
SASCV 2013
Tanusree Kar, Undergraduate in Law, Symbiosis Law School, Sector 62, Block A, Plot
47/48, In front of Nokia-Siemens Networks New Okhla Industrial Development Area,
Noida, Uttar Pradesh 201301, India. Email: [email protected]
A. Thangavelu, Guest Faculty, Department of Environmental Science, Central

University of Kerala, Riverside Transit Campus, Padnekkad, Kanhangad - 671328, Kerala,
Thomas Holt, Associate Professor, School of Criminal Justice, 434 Baker Hall, Michigan
State University, East Lansing Michigan 48824, United States of America. Email:
[email protected]
K. P. Thressiamma, Undergraduate in Law, ILS Law College, Law College Road,

Pune - 411004, Maharashtra, India. Email: [email protected]
Tripti Verma, Assistant Professor in law, Thakur Chhedilal Government law College,
Janjgir, Chhattisgarh, India, Email:[email protected].
Vesna Nikolic-Ristanovic, Director, Victimology Society of Serbia, Dositejeva

1a,11000 Beograd, Serbia. Email: [email protected]
B. Vijaya Laxmi, Vice Principal, University College of Law, Osmania University,

Hyderabad. Email: [email protected]
Viraphong Boonyobhas, Associate Professor, Faculty of Law, Chulalongkorn

University, Phayathai Road, Bangkok 10330, Thailand. Email:
[email protected]
L. Xavier, BPR&D Project Research Associate, Department of Criminology and

14
Editors’ Introduction:
Revisiting Interpersonal Crimes and Victimization
K. Jaishankar and Natti Ronel
Criminal behavior is a behavior or chain of behaviors related to people. Usually we

tend to describe criminal acts by emotion-raising titles and labels, to hold certain myths
concerning these behaviors, to attempt to impose regulations and laws that may be more
or less efficient to reduce crime, and to socially react to those involved, both as criminals
and as victims, as though they fully represent the master status we attach to these scenes.
But, beyond all these and other reactions, crime is between people, and affects the lives of
people, individuals or groups, criminals or victims at any level. Sometimes it is a private
event between individuals, who closely know each other, as is the case in domestic
violence, however in other times it may happen in the public sphere, but still, it is
between involved people. Even when we consider the newly defined "Green
Criminology" where crime is against the environment, still people are involved as
criminals and as affected victims, since these acts have lasting effects on the lives of a great
mass of individuals. Whenever and wherever we approach it, crime is an interpersonal
event, and this simple fact has to be reminded time and again.
The wish for simplicity tends to divide the criminal scene into "the pure criminal" and
"the pure victim". Even when we clearly know that it is rarely as simple, such a
description is almost inevitable. It assists us to gain a sense of control over criminality
(mostly illusionary control) and to justify the legal and social reactions. Nevertheless
interpersonal encounters are never as simple, and crime, as an interpersonal occurrence, is
not distinct. In any case, victims are never to be blamed for the criminal act imposed on
them, however, in many times individuals who perform criminal activities might be
recovering victims as well and an individual who at a given moment experienced
victimization can be an aggressor in other cases. Criminal behavior is a non-simple,
confusing, interpersonal event(s).
The up-to-date understanding of the complexity of crime reveals areas of criminality
and populations that traditionally were less known or even were not considered as
criminals. For example, domestic violence, a well-established field of study and practice, is
a relatively new one, representing new understandings. Sexual offences and trafficking of
individuals also exemplify such relatively new recognized and defined domains of practice
and study that recently became well-established. Within these examples, we see that the
new understanding contains a simultaneously new consideration of women, children and
minorities as vulnerable groups that are widely affected by crime. As said, currently it is an
established known fact; however it is still relatively new and developing knowledge.
SASCV 2013
Second International Conference of the South Asian Society of Criminology

and Victimology (SASCV 2013)
SASCV hosted its second international conference (SASCV 2013) during January 11—
13, 2013 at Hotel Singaar International, Tamil Nadu, India. The theme of SASCV 2013
was “Revisiting interpersonal crimes and victimization”. The major sub themes were: 1.
Interpersonal Crimes against and by Women, 2. Interpersonal crimes against Children and
Youth, 3. Men as Victims: Myths and Realities, 4. Culture Conflict and Victimization of
Groups, 5. Interpersonal Cyber Crimes: Problems of Social Networking. SASCV 2013's
mission is to revisit the roots of crimes and victimization, in a domain where people only
now look at the branches and have forgotten the roots which are the reasons for most of
the contemporary crimes and victimization.
The papers presented at SASCV 2013 attempt to further establish this knowledge, to
further understand crime as an interpersonal, complex event that affects known and less
known vulnerable populations:
1. Interpersonal Crimes against and by Women

Traditionally, women suffered from discrimination against them, but also from
behaviors only recently became to be known and defined as criminal. Battering by
intimate partners, forcing sexual activities, abusing at any social level, are few illustrations
of how interpersonal experiences of women were widely affected. Unfortunately, still it is,
however in a growing number of countries it is considered as offence and is the subject of
law enforcement, and in many cultures it is no more accepted. Changing social, cultural
and personal attitude towards women, which changed their role and status in societies,
also changed their role concerning criminality. On the one hand, women may now
differently act in order to stop an attempt to victimize them and may meet different, more
positive social reaction then a few decades ago. On the other hand, the new social role of
women opened new social opportunities, and also raised new opportunities for crime.
Women, traditionally less involved in crime, are now presenting new forms of criminal
activities, which have to be studied deeply. Is the social reaction towards female
criminality should follow the known one towards male criminality? Or based on gender
difference, also the social reaction should follow different lines? These are examples of
new topics for study and practice.
2. Interpersonal crimes against Children and Youth and Children in Conflict

with Law
To continue the above discussion on women as victims of crime and as criminals as
well, children and youth provide a topic with even newer understandings. Behaviors of
abuse against children and youth were traditionally considered legitimate and socially
accepted. Sometimes in the name of education or that of keeping family roles in
traditional societies, however even in ultra-modern societies children and youth, as
vulnerable individuals, still suffer from various degrees of abuse. But children and youth
belong to social groups that might be in conflict with the law, based on their personal
16
Editor’s Introduction
characteristics. Although most children and youth who experience some conflict with the
law can become spontaneously matured from rebellious, law-breaking activities, still the
social reaction they meet many times leads them into greater law breaking. How do we
better act to children and youth who are in conflict with the law? How can we practice
the innovative "positive criminology" perspective with them?
3. Men as Victims: Myths and Realities

Most individuals who perform crimes are male. It is an accepted norm. Since many
criminal events are held in the male realm, they happen between men. However, men are
expected to be "the strong sex", and victimization, a sign of weakness, might contradict
masculinity, as many cultures claim. Victimization, in such a culture, affects the perceived
manhood of individuals. In a rapidly changing world, where new knowledge and new
social process are in a mutual race, there is a need for a better understanding of men as
victims. Better understanding may provide a basis for better practice with victimized men,
a practice that might follow the recently defined "positive victimology" perspective.
4. Culture Conflict and Victimization of Groups

The complexity of crime as interpersonal event is mostly revealed when we focus on
culture and group conflicts. The change of power along history in between groups created
lasting cultural narratives of victimization and struggle, unfortunately sometimes narratives
of resentment and wish for fight. Regrettably we see it almost anywhere. The rapid
globalization creates more areas of inter-cultural meetings. On the one hand, it reduces
tension by constant mutual exposure. On the other hand, however, old narratives of
cultural or racial discrimination do rise, sometimes as counter forces of globalization, and
less privileged groups still pay the toll. The process of abusing "the other" based on
cultural excuses does find new targets in the new order of global world. Is it preventable,
or it lies within our human fate?
5. Interpersonal Cyber Crimes: Problems of Social Networking

Cyber society regularly invents and opens new social opportunities. The interpersonal
arena is growingly cyber focused than direct. But new arenas are also new opportunities
for old acts of abuse, and the highly accessibility of the new social networking creates
innovative methods of attracting possible victims. There is a need to provide a state-of-
the-art knowledge base for prevention of cyber victimization, for education of safer use
and for immediate intervention when needed.
Conclusion
Crime is a human act(s) in between people. While offending is human and
universal, struggling against it, or beyond it, is no less universal and human. New
opportunities for crime are also new opportunities for human growth out of it. We hope
that the following papers will contribute to our understanding of these new opportunities
that represent the old – our old and lasting ability to be fully human.
17
el I
Pan
Interpersonal Crimes against and by Women
SASCV 2013
1
Marital rape: A socially and legally justified crime in India
Akansha Singh
Introduction
Marital rape is a widespread problem for a woman that has existed for centuries
throughout the world.1 Physical and sexual abuse of women has been widely recognized
in India, with several legislations providing medicine for the scars inflicted by crimes such
as rape, molestation, abduction, cruelty etc. The noose has been tightened on these
offenders and the former legal requirements for conviction have been allayed. Reforms
have been brought about in the 150-years old Indian Penal Code, judicial activism has
often rendered landmark judgements for the protection of the rights of women, and
legislative intent, social organizations and mass media have played an active role in
bringing about an awareness regarding these issues. But amidst all this social and legal
progress, a very heinous crime has percolated through the very fabric of matrimonial
relationships and has established itself as a justified act. There is a curious silence
surrounding the crime of marital rape or spousal rape. The author in this research paper
seeks to throw light on this latent reality which is eating away at the very core of the
institution of marriage, pointing out the lacunae in the laws enshrined in our country
regarding this issue and suggesting reforms to bring about a change in the society and the
legal system.
Marital rape can be defined as any.2 Finkelhor and Yllo determined three forms of
coercion that are generally applied by husbands in the act of marital rape – social coercion
which is the pressure women feel because of cultural expectations or social conventions,
interpersonal coercion that occurs when a husband threatens the wife into having sexual
intercourse but the threats are not violent in nature and threatened or actual physical
coercion which is at the core of rape.3 Stereotypes about women and sex continue to be
reinforced in our culture through both mainstream and pornographic media. Not just men
and the society, but also women refuse to give this non-consensual form of sexual
intercourse a name, and refuse to recognize it as a wrong against the individuality of
women. It has been grossly overlooked in the country's legal literature on rape and sexual
abuse. The social norms have established sexual relations between a husband and wife as
an embarrassingly intimate subject. Despite women's progress in India as compared to the
earlier decades since independence, men still consider women to be their chattel and the
1 Russell, Diana E. H. (1990), Rape in Marriage, Indianopolis IN, Indiana University Press.
2 Bergen, R. K. (1999), Marital Rape, Applied Research Forum, VAWnet. National Resource Centre on Domestic
Violence, Harrisburg, Pennsylvania. p. 1
3
David Finkelhor and Kersti Yllo (1985). License to Rape : Sexual Abuse of Wives, The Free Press, New York
SASCV 2013
wives let themselves be crushed under this social mindset. This paper recognizes the need
for change.
General indicators of women's equality and prevalence of sexual violence in

India
To fully comprehend the inability of women to fight this injustice called marital rape,
the issue necessitates the understanding of the condition of women in India via the general
indicators of women’s inequality and the prevalence of sexual violence in our country.
Numerous statistical and social science reports enlighten the masses of the equality, or
rather inequality, of the women in India on a social, economic and legal footing when
compared to men. Women are suppressed in all spheres of public and private life. When it
comes to violence against women, there will of course be a gap between the number of
reported incidents and the number of actual incidents, on account of the several reasons
which inhibit women from dragging the offenders to Court, which will be discussed at a
later stage in this paper.
India's sex ratio is 940 females per 1000 males, according to the provisional report of
the Census 20114. The Central Statistical Office's publication of 20115 lays down these
statistics about women in India, which act as general indicators of the well-being, progress
and overall social and economic health of the fairer sex. India ranks 114 in 2009 among
178 countries in terms of Gender Development Index (GDI). The mean age at marriage
was observed to be 20.7 years for females in India. The female mortality rate in the age-
group 0-4 years is 16.1. Women are under-represented in governance and decision-
making positions. At present, women occupy less than 8% of the Cabinet positions, less
than 9% of seats in High Courts and the Supreme Court, and less than 12% of
administrators and managers are women. Delivery at a health facility is an indicator of
programmatic effort for safe motherhood. It is observed that only 47% deliveries took
place at a health facility in India6. According to National Family Health Survey–III7 in the
rural sector currently married women take 26% decisions regarding obtaining health care
for herself and 7.6% in case of purchasing major household items. 10% decisions are taken
by females in respect of visiting their family or relatives. For urban areas, these figures are
29.7 %, 10.4 % and 12.2 % respectively.
When we study the statistics of violent crimes against women in the country, we see a
staggering trend. According to the National Crime Records Bureau's report of 2011,8
10.38% of the total crimes against women (which would include everything from cruelty,
kidnapping, molestation, sexual harassment, immoral trafficking etc.) reported in the year
4 Census 2011, Census Organization of India, New Delhi.

5 Women and Men in India 2011, 13th issue, Central Statistics Office, Ministry of Statistics and Programme
Implementation, New Delhi
6 District Level Household and Facility Survey, 2007-08. Ministry of Health and Family Welfare, New Delhi.
7 National Family Health Survey-III 2005-06 : Gender Equality and Women’s Empowerment in India. Ministry of
Health and Family Welfare, New Delhi.
8 Crime in India 2011 Statistics, National Crime Records Bureau. Ministry of Home Affairs, New Delhi
20
Marital Rape
2010, were incidents of rape. The rape victims were mainly between the ages of 18 to 30
followed by the age group of 30 to 50, with 2.5% being under the age of 10. Around 43%
of the victims were minors. In 7.5% of the cases, the offenders were related to the rape
victims. Moving on from rape, 19.01% of the total numbers of reported crimes against
women are incidents of molestation and 44.02% of the total crimes against women fall
under the category of cruelty by husband and relatives, indicating a disturbing amount of
abuse of women in the private spheres of their homes. According to the Deccan Herald9
only one in 69 cases of rape gets reported in India. No statistics or data have been gathered
specifically on the problem of marital rape in India, pointing at the lack of consciousness
regarding this issue. The only relevant statistics on spousal rape has been provided by the
research conducted by Finkelhor & Yllo in 198510 and Russell in 199011 in the USA. 10%
to 14% of ever-married women have experienced at least one forced sexual assault by a
husband or ex-husband. Studies of battered women staying in shelters and women seeking
relationship help show 1/3rd to 3/4th of those asked reported sexual assaults by their
husbands or intimate partners. Most of the women reported being raped on more than
one occasion, and 1/3rd of the women under study reported being rape more than 20
times over the course of their relationship.
Legal framework for addressing marital rape

Marital rape is not a recognized offence in our country. The Exception to section 375
in the Indian Penal Code, 186012 clearly states that “sexual intercourse by a man with his
own wife, the wife not being under fifteen years of age, is not rape.” This is referred to as
'spousal exemption.' This means that non-consensual sexual intercourse with a wife, when
the wife is above the age of fifteen, is not a criminal offence and the husband cannot be
prosecuted for such an act, even if the intercourse was without her consent or against her
will, which are two of the qualifying conditions for the offence of rape under the
aforementioned section in the cases not involving a married woman under the age of
fifteen. This is a blatant violation of a married woman's human rights. She is thus,
expected not just by the society, but also by the legal system to renounce her right to
refuse and let herself be at the mercy of her husband's sexual advances.
We must then study the punishment for rape under the various circumstances
mentioned in section 376 of the IPC. The offence of rape is punishable by imprisonment
of minimum 7 years to maximum life, along with fine. Marital rape is punishable only if
the wife is below the age of fifteen. The law makes no exemption for rape of a woman
under the age of twelve, whether she is a wife or not, and provides for a rigorous
imprisonment ranging from 10 years to life. If the wife is between the ages of twelve and
fifteen, the offender is mildly punishable with an imprisonment up to 2 years or with fine
9 Deccan Herald, 25/11/2008

10 infra note 3
11 infra note 1
12 Hereinafter referred to as “IPC.”
21
SASCV 2013
or both. There is no imprisonment or fine for the rape of a wife above the age of fifteen,
and the aggrieved wife cannot bring the husband to justice for the commission of this
heinous act.
Section 376A of the IPC is another provision to be considered in this research. This
section criminalizes the rape of a wife, during the period when the married couple has
been separated by a judicial decree or under any custom or usage. The husband for the
commission of this act shall be punishable with imprisonment which may extend to 2
years or with fine or both. This has been included by the Criminal Law Amendment Act,
1983 as a piece of advancement towards the goal of protection of women from sexual
assaults, and is indeed a beneficial legislation for married women. But the fact that the
amendment was effected to protect the sexual respect of only wives who are undergoing
judicial separation and not to punish the rape of married women in general is reflective of
the social mindset that wives cannot deny their husbands the fulfilment of their sexual
urges if they are cohabiting and will remain a blight on the intention of the legislature,
casting a shadow on the conviction of the law-making body to protect the married
women of India.
Section 498A of the IPC criminalizes the subjection of a woman to cruelty by her
husband or relatives of the husband. The relevant explanation of the section defines
cruelty as conduct that is likely to drive the woman to commit suicide or to cause grave
injury or danger to her life, limb or health. This section thus, protects the wife from the
insistence of the husband on perverse sexual conduct and excessive and unreasonable
demands of sexual intercourse.13 The wife can also seek divorce on this ground. But it still
does not explicitly include marital rape in its scope of application. Moreover, the
punishment laid down is mere imprisonment up till three years, along with fine.
Further, the occurrence of marital rape during cohabitation is not a ground for
divorce. Section 13 of the Hindu Marriage Act 1955, section 27 of the Special Marriage
Act 1954 and section 10 of the Indian Divorce Act 1869 lay down the grounds based on
which the wife can present a petition for divorce in the relevant Court of law, cruelty
being one of them. It is true that marital rape can come under the scope of cruelty if it has
been accompanied by physical abuse, but if the case involved rape by the husband wherein
the consent was obtained by the threat of hurt, which in a non-marital relationship has
been held to be commission of rape14, then the wife cannot seek divorce.
A relevant legislation to be considered in this research is the Protection of Women
from Domestic Violence Act, 200515. The Act aimed at bringing about a revolution in the
gender laws, proved to be a disappointment to the issue of marital rape. It provides civil
remedies to the offence of cruelty. It lays down the duties of the Government, protection
officers, shelter homes, police officers etc. The act, according to section 3, covers marital
rape only under the circumstances of life-threatening or grievously hurtful conduct. So if
13
Mathur, K. M. (1996). Crime, Human Rights and National Security, Gyan Publishing House, New Delhi. p. 29
14
See Rahul Pundalik Birahade v. State of Maharashtra [2000 (5) BomCR 148]
15
Hereinafter referred to as the “Domestic Violence Act.”
22
Marital Rape
the non-consensual sexual intercourse is not accompanied by such behaviour, the wife
cannot seek any relief under this Act. Moreover, by providing only civil remedies, it does
not criminalize the offence.
Judicial Treatment of Marital Rape

There aren’t any cases dealing directly with marital rape in India. But a study of the
judgements on rape given by Supreme Court and the High Courts is important to
understand the judicial perspective on the offence of rape and how it is the violation of a
woman’s right to sexual privacy. In the case of Vikram Singh v. State of Haryana16, which
was a case of gang rape wherein the husband was also involved in the rape, the Punjab &
Haryana High Court punished the husband with life imprisonment and a fine of Rs. 5000.
The Court stated that “a rapist not only violates the victim's privacy but also her personal
integrity and such a person do not deserve any sympathy of law or society. The honour of
a woman has to be protected.” The Supreme Court in Bodhisattwa Gautam v. Subhra
Chakraborty17 held that rape is the violation of a woman’s right to life, which includes
right to live with human dignity. Every woman is entitled to sexual privacy and it was not
open to any and every person to violate her privacy when he wished.18 The spousal
exemption from the offence of rape gives credibility to male superiority and transforms the
marital bond into an ungoverned, arbitrary sphere where the State cannot interfere to
bring about equality and justice.19 In the case of Rafiq v. State of Uttar Pradesh20 it was
held that “when a woman is ravished, what is inflicted is not mere physical injury but the
deep sense of some deathless shame. The judicial response to Human Rights cannot be
blunted by legal bigotry.” The contention of this paper is in conformity with the above
judgements.
Position in other countries

It is important to study the position of marital rape in other countries. There are 76
countries that have made this act a criminal offence, which includes the developed
countries of USA, UK, France, Japan, Russia, Australia and South Africa. India, Indonesia
and Vietnam are the only 3 nations that treat spousal rape as a form of non-criminal
domestic violence. Among the 40 countries that have not yet criminalized marital rape are
Afghanistan, Bangladesh, Pakistan, and most of the underdeveloped countries of Africa
like Ethiopia, Kenya, Uganda, Yemen etc 21.
16
Criminal Appeal No. 583-DB of 2001, Decided On: 06.02.2003
17
(1996) 1 SCC 490
18
Maharashtra v. Madhukar Narayan. [AIR 1991 SC 207]
19
Robin L.West (1990), Equality Theory, Marital Rape and the promise of the Fourteenth Amendment, 42 FLA
L.REV. 45. p. 71
20
1980 Cr.LJ 1344 SC
21
2008 Country Reports on Human Rights Practices: Introduction. Bureau of Democracy, Human Rights and Labor,
U.S. Department of State.
23
SASCV 2013
When it comes to the nations based on the English common law, the major countries
of UK, Canada, Australia, New Zealand, Hong Kong and Israel have criminalized marital
rape.22 In England, the judicial view on this issue till around the mid-1990s did not
recognize the act as an offence. This was illustrated most vividly by Sir Matthew Hale, in
his 1736 legal treatise, Historia Placitorum Coronae, where he wrote that such an act
could not be considered to be a criminal offence of rape since the wife "hath given up
herself in this kind unto her husband, which she cannot retract."23 It was not until R v
Clarence24 that the question of this spousal exemption first arose in an English courtroom,
but in this judgement the concept of implied consent was upheld. R v. Miller25 in the year
1954 held that the wife must legally revoke her consent to sexual intercourse for the act to
fall under the scope of the criminal offence of rape. But in the year 1991 the House of
Lords in the landmark case of R v. R26 set aside this marital rights exemption stating that
“the fiction of implied consent has no useful purpose to serve today in the law of rape”
and the appellant was convicted for raping his wife.
In the U.S. too, there has been a gradual change in the law regarding marital rape. The
principle of spousal exemption was formally embraced by the American legal system in the
year 1857 in the judgement of Commonwealth v. Fogarty.27 Before that time, the spouse was
typically exempted from the state sexual assault laws, for reasons rooted in the historical
views set forth above. The U.S. States did not begin to criminalize spousal rape until the
late 1970s. Women’s rights advocates began efforts to change these laws, and by July 5,
1993, marital rape was a crime in all 50 states. The first state to abolish the marital rape
exemption was Nebraska in 1976, and the last was North Carolina in 1993.
Social Reasons for Underreporting

There are a number of social reasons for the underreporting of the occurrences of
marital rape by wives. Women themselves are afraid to make an issue out of the sexual
violation of their bodies by their husbands because of the social stigma attached to it. The
fear that society will look down upon her and her family prevents the wife from
approaching the police for protection and the judiciary for redressal. Another factor is the
concern that the issue of marital rape would adversely affect the fragile minds of children
and impress upon them a negative concept of marriage and family values, leading to their
social retardation and alienation. In most cases where the wife is financially dependent on
her husband, there is a constant pressure from him and his family members upon the wife
to not report the occurrence of such an incident, generally accompanied with threats of
violence and the withdrawal of financial sustenance. The mindset of the traditional Indian
society which stresses upon implied consent, i.e. the bond of marriage comes with an
22
ibid
23
Hale M. (1736) Historia Placitorum Coronæ, volume 1, p. 628
24
(1888) 22 QBD 23
25
[1954] 2 QB 282
26
[1992] 1 AC 599
27
74 Mass. 489
24
Marital Rape
irrevocable consent on the part of the woman with regards to sexual intercourse, instilled
within the wife extinguishes the wife’s knowledge of her right to resistance. This societal
demand of submissiveness along with the general taboo in the Indian social order
regarding the discussion on marital sexual relations in the public sphere makes it very
difficult for the wife to fight for her physical rights, and hence the number of reported
incidents of marital rape is lesser than it should be.
Arguments for criminalization

There are nine commonly argued points in favour of the criminalization of marital
rape. The first is the physical effect of the act on abused wives. The physical effects of
marital rape generally includes injuries to the vaginal and anal areas, bruising, soreness,
torn muscles, fatigue, lacerations and vomiting.28 Women who have been assaulted and
raped by their husbands may suffer broken bones, black eyes, bloody noses, and knife
wounds that occur during the sexual violence. Campbell and Alford in their paper report
that one half of the marital rape survivors in their research sample were kicked, hit or
burned during the sexual acts.29 Secondly, spousal rape causes great emotional distress to
the victim which persists for a long period of time. Long-term effects often include
disordered eating, sleep problems, depression, problems establishing trusting relationships,
and increased negative feelings about themselves. Some marital rape victims undergo flash-
backs, sexual dysfunction, and emotional pain for years after the incidents.30 Some of the
short-term effects of marital rape include shock, depression, fear, suicidal tendencies, and
post-traumatic stress disorder.31 Compared to women raped by strangers, wives who have
been raped by their husbands report even higher rates of anger and depression.32
The third argument is that there are certain anomalies in the Indian Penal Code
regarding the act of marital rape. Sexual intercourse with a woman under the age of
sixteen is statutory rape according to the clause sixthly of section 375 of the IPC. And if
the woman is above the age of fifteen and married, then sexual intercourse between her
and her husband will not be rape, according to the exception provided in the same
section. But, if the woman, who is between the ages of fifteen and sixteen is married to a
man, and her husband has sexual intercourse with her, be it with or against her will and
consent, it will not amount to rape under any circumstance. This is an anomaly and it goes
against the statutory rape provision enacted to protect young girls, the only reasoning
being that the girl is married to her rapist. There is another anomaly in this provision. The
legal age for marriage for women has been provided as eighteen by the Child Marriage
28
infra note 2. p. 5
29
Campbell J. C. & Alford P. (1989) The Dark Consequences of Marital Rape, American Journal of Nursing, Vol.
89, Issue 7. p. 947
30
Bergen R. K. (1998). Issues in Intimate Violence, Sage Publications, pg 153
31
Kilpatrick D. G., Best C. L., Saunders B. E. & Vernon L. J. (1988). Rape in Marriage and in Dating Relationships:
How Bad is it for Mental Health? New York Academy of Sciences’ Human Sexual Aggressions: Current
Perspective, Vol. 528. p. 335 - 344
32
Koss M. P., Dinero T. E., Seibel C. A. & Cox. S. L. (1988). Stranger & Acquaintance Rape: Are there Differences
in the Victim’s Experiences? Psychology of Women Quarterly, Vol. 12. p. 1 - 24
25
SASCV 2013
Restraint Act, 1929. This was enacted to protect the rights of young women under the
age of eighteen. The Commentary to this legislation states that “the object is to eliminate
the special evil which had the potentialities of dangers to the life and health of a female
child, who could not withstand the stress and strains of married life and to avoid early
deaths of such minor mothers.”33 But section 375 of the IPC protects the right to sexual
privacy of wives only till the age of fifteen. Thus, there is a very large bracket from fifteen
to eighteen whose basic rights to life and health and reproductive freedom are being
violated by this provision. There is a third anomaly in the law on rape, provided in section
376 of the IPC, which provides for punishment for the offence of rape. Here, the
punishment for the rape of the wife between the ages of twelve and fifteen is
imprisonment for a maximum term of two years, or fine or both. Section 375 clearly
excludes wives above the age of fifteen from the ambit of rape. But, when it comes to
determining the punishment, the wives under the age of fifteen, but above twelve get
lesser justice than rape victims outside the wedlock or raped wives below the age of
twelve.
Fourthly, section 376A of the IPC protects wives from marital rape only if they have
been judicially separated, and not if they have been living separately upon their own
volition, even if for a long period of time. Fifthly, section 122 of the Indian Evidence Act,
1872 prevents communication during marriage from being disclosed in Court unless one
spouse is being prosecuted for a crime against the other. So this provision will provide for
the disclosure of marital communications only in criminal cases, like cruelty and battery.
The Domestic Violence Act provides for civil remedies for the sexual abuse of wives, and
the communication, though relevant, would be inadmissible in a proceeding under this
Act. Hence, it is impossible to combine the Domestic Violence Act and the
aforementioned section, unless marital rape is criminalized.
The sixth argument is on the basis of Article 21 of the Constitution of India, which
provides for the fundamental right to life. The Supreme Court has in its judgements
extended the scope of this right to life to the right to live with dignity34 and the right to
health35. Marital rape as discussed above violates these two fundamental rights of the wife.
Seventhly, Article 14 of the Constitution provides for equal protection of law to each and
every citizen of the country. Again, the non-criminalization of marital rape goes against
this fundamental right, by legally differentiating between women who have been raped on
the basis of the marital relation between the victim and the abuser. The eighth argument is
that the international community has recognized the married woman’s right to sexual
privacy. The position of other countries on the issue of marital rape has already been
discussed. The United Nations Declaration of Elimination of Violence against Women36
33
Commentary to Child Marriage Restraint Act, 1929. Ministry of Women and Child Development.
34
See Francis Coralie Mullin v. Administrator, Union Territory of Delhi [1981 AIR 746], Kharak Singh v. State of
UP [1963 AIR 1295]
35
See Parmanand Katra v.Union of India [AIR 1989 SC 2039], Consumer Education and Research Center v.Union
of India [AIR 1995 SC 636], CESC Ltd. v. Subash Chandra Bose [AIR 1992 SC 573]
36
A/RES/48/104, 20 December 1993
26
Marital Rape
affirms that “violence against women constitutes a violation of the rights and fundamental
freedoms of women and impairs or nullifies their enjoyment of those rights and freedoms,
and concerned about the long-standing failure to protect and promote those rights and
freedoms in the case of violence against women” and in Article 2 explicitly includes
marital rape within the scope of physical, sexual and psychological violence occurring in
the family, which the Article recognizes as violence against women. The Supreme Court
has held that the International Covenants and Declarations as adopted by the United
Nations have to be respected and regard must be had to them for construing domestic
law.37 The meaning given to the words in the Declarations and Covenants has to be such
as would help in effective implementation. And lastly, if a wife refuses to have sexual
intercourse with her husband over a long period of time, causing mental and emotional
distress, the husband can seek divorce on its basis38, and there is no justification for the
husband forcing his wife to resume sexual relations against her will.
Arguments against criminalization

There are some common arguments against the criminalization of marital rape in India
that are generally put forth by family rights activists. The primary opposition is by the idea
that spousal sexual relations fall under the private sphere and the revocation of the implied
consent associated with the traditional concept of marriage by legislation or judicial
activism would be an excessive interference with marital rights and hence, will corrode
the fabric of marriage. This feminist demand of the woman’s right to refuse sexual
intercourse post marriage is often hailed as the violation of the procreation and conjugal
rights of the husband. Another argument is that such a law will become an unfair weapon
in the hands of the wife who can pin false charges of rape against the husband. Marital
rape is said to be difficult to disprove on account of continued sexual relations and the
often lack of bruises due to passive consent. The criminalizing law can then be misused by
dissatisfied wives wanting to hurt the social standing and the general well-being of the
husband. The third rationale provided is that marriage stands for the coalition of the
identities of the husband and wife. The wife belongs to the husband and the husband
belongs to the wife, and hence the state cannot take any penal action against any sexual act
of either spouse against the other.
Rebuttal to the above

But there is a rebuttal to each of the aforementioned arguments. Firstly, the concept of
marriage has been changed in India by amendments to our existing laws by the legislature
and the judiciary. Concepts like judicial separation, divorce, divorce based on the
irreparable breakdown of marriage, legal age for marriage as 18 for girls and 21 for boys,
37
Vishaka & Ors v. State of Rajasthan [AIR 1997 SC 3011]
38
See Samar Ghosh v. Jaya Ghosh [2007 (6) BomCR 834], Sirajmohmedkhan Janmohamadkhan v. Haizunnisa
Yasinkhan [[1982] 1 SCR 695], C. Anantha Jeyakuma vs. C. Murugapriya 2009 2 LW 43. Also
Ward v. Ward [(1958) 2 All E.R. 217], Sheldon v. Sheldon [(1966) 2 All E.R. 257]
27
SASCV 2013
punishment for bigamy, maintenance provision for the spouse after divorce and the
recognition of rape during judicial separation have moulded the traditional Indian concept
of marriage into a modern, more liberal form followed by the progressive countries of the
world. Hale’s statement in Historia Placitorum Coronae upholding the idea of marital
exemption from the criminal offence of rape was overruled by the English judiciary in
1991, establishing lucidly in common law that the wife is not a chattel of the husband.
Spousal rape itself has destroyed the sanctity of the marriage bond by violating the wife’s
right to her body. Marriage does not require the woman to sacrifice her human rights at
the altar. Coercion of the wife into having sexual intercourse is in contravention with the
basic principles of fundamental right to life. Secondly, regarding the abuse of the
criminalization of marital rape, the primary rebuttal is that each and every law comes with
the scope of being misused by the ones who can, but that does not mean that the law
should not be passed. If there are no laws to check the actions of the people and penalize
them for their wrongs, it would send the society as we know it spiralling down into the
state of nature, where in Thomas Hobbes words, life is “solitary, poor, nasty, brutish and
short.”39 If we take the example of sections 35440 and 50941 of the IPC, which are
concerned with sexual harassment, women can definitely misuse these provisions by
registering false complaints, but there are numerous cases42 that evidence that these laws,
despite its loopholes, have aided women in their movement for their right to their bodies.
It is the responsibility of the legislature and the judiciary to make considerations for the
difficulty in collecting useful evidence, like the lack of bruises on the body and private
parts may be because the wife could not resist the act of rape out of fear of grievous hurt.
Courts have held in the past that even if there are no bruises on the genitalia of the
woman to prove that the sexual intercourse happened and it was non-consensual, the
accused can be convicted for rape.43 “The assumption, and indeed the expectation, of
resistance are predicated upon a number of stereotypes, family assumption and
misunderstandings about sexual assault. According to this view, when suddenly confronted
by a rapist, a woman will struggle, fight back, and vehemently resist the assault, thereby
proving her lack of consent to the sexual contact. However when assaulted, some women
might choose not to physically resist because, for example, they might feel that their
safety, and perhaps even their life, is better protected by not resisting.”44 The Supreme
Court has in a number of leading judgements held that passive consent i.e. consent given
under fear of injury or duress does not exclude the act from the scope of rape.45 Also, the
39
Hobbes T. (1651), Leviathan, Republished by Forgotten Books, p. 86
40
“assault or criminal force to a woman with the intent to outrage her modesty”
41
“word, gesture or act intended to insult the modesty of a woman”
42
See Vishaka v. State of Rajasthan [AIR 1997 SC 3011], Apparel Export Promotion Council v. A. K. Chopra [AIR
1999 SC 625], Rupan Deol Bajaj v. Kanwar Pal Singh Gill [AIR 1996 SC 309]
43
See Rahul Pundalik Birahade v. State of Maharashtra [2000 (5) BomCR 148]
44
Randall M, (2010), Sexual Assault Law, Credibility and Ideal Victims : Consent, Resistance, and Victim Blaming,
Canadian Journal of Women and the Law, 22(2), p. 418-419
45
See Uday v. State of Karnataka [AIR 2003 SC 1639], Pradeep Kumar Verma v. State of Bihar [AIR 2007 SC
3059]
28
Marital Rape
statute can establish a clear distinction between marital rape and domestic violence, so that
a case that falls under the latter cannot be unjustly tried within the scope of marital rape.
Thirdly, the social progress of the country requires equality in marriage. The husband
cannot coerce the wife into having sexual intercourse against her will. The Hon’ble
Supreme Court in State of Maharashtra v. Madhukar Narayan Mardikar46 said that a
“woman is entitled to right to sexual privacy and it is not open to any and every person to
violate her privacy when he wished.” There is no implied consent to sexual relations upon
the whims and fancies of the husband. The Apex Court extending the ambit of
Article 21 held that mere existence is not the right to live. It is a right to live with dignity.
It gives the women right to health, right to profession, right to privacy, protection against
sexual harassment, right to live with human dignity as part of her right to life.47 Right to
equality stipulates that express consent should be given by both the partners, whether they
are married or not.
Law Commission recommendations

The Law Commission of India laid down certain recommendations regarding changes
in the law governing the offence of rape in its 172nd Report on Review of Rape Laws48.
The Report suggests that the definition of rape be substituted by the definition of sexual
assault, so that the offence shall include all forms of penetration, and not just peno-vaginal.
“It is also necessary to include under this new definition (sexual assault) not only penile
penetration but also penetration by any other part of the body (like finger or toe) or by
any other object.”49 The Law Commission also recommends that it should be “open to
the prosecution to request the court to provide a screen in such a manner that the victim
does not see the accused, while at the same time providing an opportunity to the accused
to listen to the testimony of the victim,”50 so that the fear of the rape litigation process
does not inhibit the victim from reporting the offence. If marital rape is criminalized, these
recommendations shall benefit the abused wife. Another suggestion in the report is that
Section 376A of the IPC should be amended. This section which provides a lesser
punishment to a husband who sexually assaults his own wife living separately in the
aforesaid circumstances, the representatives of Sakshi argued, is arbitrary and
discriminatory. “In the circumstances, while recommending that this section should be
retained on the statute book, we recommend enhancement of punishment under the
section.”51
46
AIR 1991 SC 207
47
Suo Moto v. State of Rajasthan [RLW 2005 (2) Raj 1385]
48
172nd Report on Review of Rape Laws. March, 2000. D.O.No.6(3)(36)/2000_LC(LS)
49
ibid. Chapter Three. para 3.1
50
ibid. Chapter Six. para 6.1
51
ibid. Chapter Three. para 3.3
29
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Suggested Reforms
There are certain reforms that need to be introduced in our legal and judicial system.
Foremost of all, sections 356 and 357 should be amended to include the marital rape of
the wife of any age within the scope of the offence of rape and to provide punishment
equivalent to that which would be imposed upon a rapist under general circumstances.
Practical mechanisms must be established for the proper registering of complaints. There
must be special police units consisting of women to handle such complaints, so that the
abused wives are not inhibited from lodging their complaints at police stations out of the
fear of male authority. The Code of Criminal Procedure (Amendment) Act, 2008
provides that “any offence under section 376 and sections 376A to 376D of the IPC shall
be tried as far as practicable by a Court presided over by a woman.”52 The cases on marital
rape can too be tried preferably by female magistrates to ensure that there is no bias
towards the male abuser. Another reform can be establishing legitimate state-funded
Sexual Assault Services especially for victims of spousal rape, to educate them into
initiating criminal proceedings against the husbands, to dispel the fear of litigation and
society and to help them to co-operate with the police in investigations. “Women who
have become victims of violence should have a right to professional help. Cost-free phone
hotlines for women are important for first contacts for providing information about
victims’ rights and for initial counselling. In order to be protected from violence, victims
must also be granted the right to safe accommodation and adequate help.”53 The State can
provide legal aid, financial aid and alternate shelters to abused wives who are financially
dependent on their husbands until the judgement has been passed by the relevant court, to
prevent their relapse into their sexual abuse history by their withdrawing their complaints
under family and monetary compulsion. Also, bruises or injuries to the body or private
parts should not be the sole determining factor for conviction under the offence of marital
rape. Since, wives generally give into the rape by their husbands out of fear or societal
expectations; it is difficult to obtain these physical signs as evidence of the lack of consent.
Conviction under marital rape should also be included as a ground for divorce, so that the
wife can have the option of severing her marital relations with her abuser. The offence of
marital rape should be cognizable, non-bailable and non-compoundable to convey the
seriousness of the crime. The legal positions on marital rape, cruelty and domestic violence
should be clarified, so that there is no conflict or confusion. The rape of a woman by her
husband should exclusively come under the ambit of marital rape, and not cruelty or
domestic violence. Also, “the police and judicial authorities were not regarded as
cooperating partners but from a feminist point of view they were rather part of the
problem than of the solution, as they were dominated by men and showed little sensitivity
or even hostility towards the interests and needs of women who had become victims of
52
Amendment of S. 26 of Code of Criminal Procedure, 1973
53
Rosa Logar (2008). Good Practices and Challenges in Legislation on Violence against Women. By the United
Nations Division for the Advancement of Women. GM/GPLVAW/2008/EP.10.
30
Marital Rape
violence.”54 Hence, the State should take measures for the sensitization of the judges and
the police by organizing regular workshops and seminars wherein they would be formally
educated with respect to the prevalence of sexual violence against the women in India.
Conclusion
To conclude, marital rape reflects the perversity of not just the husband, but also of
the legislature and the criminal justice system and the Indian society in general. It ravishes
the dignity and sexual privacy of the victim. Wives in these abusive traps should be
uplifted and given a position which is at par with men. The judiciary and the police must
be sensitized towards this issue. The mere fact that the parties are married should not be
the reasoning for imposing a lighter sentence. There is a need for change in the social
outlook on the issue of marital rape and also, the empowerment of women so that they
can themselves fight for their personal rights. The law has till now pretended to be blind
to the prevalence of this heinous practice, but the new progressive code of the
international order requires India to mould its laws on women into one which provides
justice.
54
ibid.
31
2
An evaluation of treatment programs for female offenders in
correctional settings
Carrie Sullivan, Paula Smith and Edward Latessa
As the incarceration rate continues to increase each year in the United States, the
number of offenders reentering the community from prison has also increased. At the
same time, the criminal justice system is experiencing an influx of female offenders. To
illustrate, the number of women in corrections increased by nearly 50 percent between
1990 and 2009, while the male offender population has grown at only half this rate (BJS,
2010). These trends indicate a clear need for more effective community-based correctional
treatment strategies in general, and for more effective gender responsive strategies in
particular.
Community-Based Correctional Interventions

Research suggests that community-based interventions are associated with larger
reductions in recidivism in comparison with institutional programs (Andrews, Zinger,
Hoge, Bonta, Gendreau & Cullen, 1990; Lipsey & Wilson, 1998, Gendreau, French, &
Taylor, 2002). One proposed reason for this trend in program evaluation research is that
it is more beneficial to treat offenders in their natural environments (in vivo), and
therefore prosocial skills can more easily be transferred and applied to “real life” situations
(Gordon, Arbuthnot, Gustafson, & McGreen, 1988; Henggeler, Melton, Brondino,
Scherer, & Hanley, 1997). Other authors have further noted that the inhumane context
of prison might interfere with rehabilitative efforts (Toch, Adams, & Grant, 1989). Thus,
the increased effectiveness and decreased cost of most community-based strategies relative
to incarceration underscores the need for additional program evaluation research.
One example of a community-based intervention used across the United States is the
transitional residential community correctional program, commonly referred to as the
halfway house. While these programs were primarily designed to provide a step-down for
offenders transitioning from prison to the community, residential community correctional
programs are also used as an alternative to imprisonment (Latessa, Travis, &Lowenkamp,
2005; Latessa& Travis, 1991). This provides a more secure setting for offenders not
appropriate for probation, without subjecting them to the negative effects of
imprisonment. Residential community correctional facilities have the ability to offer
programming to address the needs that impact an offender’s ability to refrain from criminal
behaviors, including substance abuse, criminal thinking, lack of education and
employability (Lowenkamp & Latessa, 2004).
An evaluation of treatment programs for female offenders
The effectiveness of residential community correctional programs at reducing

recidivism varies widely (Latessa& Travis, 1991; Lowenkamp & Latessa, 2004;
Lowenkamp & Latessa 2005; Lowenkamp, Smith, & Latessa, 2007). Latessa (1998) noted
several common shortcomings of halfway house programs, including inadequate
assessment, low qualifications and high turnover among staff, and lack of theoretically
based treatment models. This study aims to contribute to the empirical literature on the
characteristics of the most effective community-based interventions.
The Principles of Effective Intervention

Research has demonstrated that certain program-level characteristics are associated
with effective treatment programs (Andrews et al., 1990; Gendreau, 1996). From this
literature, the “principles of effective intervention” were developed. These principles
provide researchers and practitioners with a template for creating effective correctional
treatment programs.
The principles of effective intervention are perhaps most simply defined in terms of the
risk, need and responsivity principles (Andrews and Bonta, 2010). The risk principle
suggests that higher risk offenders receive supervision and treatment comparable with their
risk level. The need principle asserts that criminogenic needs, or those offender needs
related to criminal offending, should be the primary treatment targets. Finally, the
responsivity principle consists of both general and specific responsivity. General
responsivity suggests that most offenders respond to behavioral interventions, thus
correctional treatment programs should adhere to cognitive-behavioral models. The
specific responsivity principle urges that treatment should vary based upon the individual
learning styles of the offenders (Andrews et al, 1990).
Gender Responsive Programs

A key tenant of the principles of effective intervention is the matching of offenders to
treatment in a way that accounts for risk, need, and responsivity factors. There is however,
debate in the criminal justice field as to the extent that these principles apply to females.
For example, males make up the vast majority of the correctional population and most
quantitative data represents male offenders. Furthermore, previous research has
demonstrated that women may have different pathways to criminal behavior, and
therefore their treatment needs differ from that of men (Daly, 1994; Bloom, Owen &
Covington, 2003; Reisig, Holtfreter & Morash, 2006). Therefore, in planning treatment
services, female offenders are currently being overlooked. This paper examines the
program level characteristics associated with reductions in recidivism for females versus
males in a large sample of community-based correctional interventions and will help
further the debate related to the most effective methods for assessing and treating female
offenders.
33
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Research Questions
The purpose of this research is to identify both unique and shared indicators of
effective treatment for male and female offenders. Specifically, this study addresses the
following research questions:
1. What program characteristics are important for both male and female offenders?
2. What program characteristics are more important for male offenders?
3. What program characteristics are only important for male offenders?
4. What program characteristics are only important for female offenders?
5. What program characteristics are important for neither male nor female
offenders?
In order to address these questions, this study examined the key characteristics of 134
programs, 75 of which are exclusively male and 59 of which include female offenders.
The program characteristics associated with a reduction in recidivism over respective
control groups was compared in order to identify important factors for both male and
female offender populations. This study is important as the results can be used to assist
correctional programs in developing gender responsive strategies, thereby informing the
allocation of limited resources as well as enhancing public safety.
Results
While overall findings appear to support the idea that program level characteristics and
treatment strategies are similar for male and female interventions, these results also suggest
some important differences.
RESEARCH QUESTION 1: What program characteristics are important for both male
and female offenders?
Characteristics significantly correlated with reduced recidivism for programs serving males and females:
• Avoid co-ed living units, educational programming, and visitation time

• Ensure that staff delivering treatment value the treatment efforts (i.e. support
rehabilitation)
• Use of validated need assessment tools (i.e. tools that assess specific criminogenic
needs)
• Ensure that reinforcers and punishers are individualized
• Avoid providing a program overview as the only source of family involvement
• Limit the use of external providers for aftercare
• Avoid use of AA/NA or other self-help programs as the only source of aftercare
34
RESEARCH QUESTION 2: What program characteristics are more important for male
offenders?
Characteristics significantly correlated with reduced recidivism for programs serving males; improved
effect size for programs serving females, but difference did not reach significance:
• The program has a higher operating budget

• A risk/need assessment is in place*
• Avoid use of a biopsychosocial tool
• Avoid assessment of past abuse issues*
• Intake decisions are made by an intake coordinator or team rather than exclusively
by the program director
• Written exclusionary criteria are in place
• When risk is assessed by an outside provider (e.g. probation department), full copies
of the assessment are provided to the program
• Reassessment of risk and/or need areas are conducted
• Vocational achievement is targeted*
• Family affection and communication is targeted
• An eclectic group (e.g. process group) is not offered
• Groups are assigned based on need levels
• A higher number of groups are provided
• Use of role play and graduated rehearsal of skills*
• Offenders are separated by risk level*
• There is not intensive community monitoring while on pass
• Early release is used as a reinforcer/incentive for positive behavior*
• Isolation is used as punishment/sanction, but traditional therapeutic community
strategies are avoided*
RESEARCH QUESTION 3: What program characteristics are only important for male
offenders?
Characteristics correlated with reduced recidivism for only programs serving males:
• The program director is involved in service delivery

• The bulk of employees are not seasoned in the corrections field (i.e., do not have 2
or more years of correctional experience)
• A validated substance abuse tool is used
• Three or more assessments are conducted (i.e. a range of needs are assessed)
• A small proportion of low risk offenders are served (less than 25%)
35
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• Tier 1 criminogenic needs are targeted (i.e. antisocial attitudes, peers, and
personality)
• Tier 2 criminogenic needs are targeted (i.e. substance abuse, family, education,
employment, and leisure)
• Drug and alcohol issues are targeted*
• Family affection and communication is not targeted*
• Trauma/PTSD is targeted, where needed
• The Thinking for a Change curriculum is offered
• A substance abuse group is offered*
• An anger management group is offered
• A vocational/educational group is offered
• The program uses a structured curriculum*
• A cognitive-behavioral model is the primary treatment model*
• The program has over a 5 month length of stay
• Family treatment interventions are provided
RESEARCH QUESTION 4: What program characteristics are only important for female
offenders?
Characteristics correlated with reduced recidivism for only programs serving females:
• The program seeks staff that believe treatment works

• The bulk of treatment staff do not have higher education levels
• Family problem solving skills are targeted, but the offenders’ relationship with their
children or the offenders’ parenting skills are not targeted
• When the offender is reinforced, she is told why she is being reinforced
• Avoids family activities as the mechanism for involving the families in treatment
• More than 50 percent of offender families are involved with the treatment program
RESEARCH QUESTION 5: What program characteristics are important for neither

adult male nor female offenders?
Characteristics having minimal effect on outcomes (i.e. no significant differences found) for programs
serving males or females:
• A high staff to resident ratio

• Support for the program from the community with which it is housed
• Harmony between the staff and managers of the program
• Staff evaluation of hard skills such as paperwork, attendance/tardiness, dress and
productivity
36
• The program excludes offenders with mental illness

• Educational achievement is targeted
• Offenders’ relationship with significant others is targeted
• Low self-esteem is targeted
• Mental health is targeted
• Social or economic needs are targeted
• Childhood abuse and neglect issues targeted
• General cog-based groups are offered (e.g. thinking errors)
• Family group is offered
• Life skills group is offered
*Lack of variation on item for one or both genders
37
3
Parenting Style and Patriarchal abuse of educated women:
A study of victimization of mothers in India
Debarati Halder and Megha Shree
Introduction
With the Bhattacharya children witnessing the peculiar legal and social pressure on
their mother due to the post natal emotional stress coupled with constant interference in
mother-child bonding55 the issue of victimisation of modern educated mothers has
resurfaced with new meanings. The news reports have re-established the facts that in
modern India, many educated mothers are victimised in the hands of their matrimonial
families in questions of child upbringing. Even though in India the courts have accepted
the roll of authoritarian mothers over permissive fathers (Halder, 2012)56 for child
upbringing, there are numerous instances where the mothers are constantly interfered,
abused and humiliated by the family members (sometimes in front of the child) regarding
their parenting patterns and skills. In the proposed papers we claim that such sorts of
victimisation of mothers take place especially in cross cultural families, where the mother
comes from different region and culture, or where the family unit consisting of the parents
and the children, has shifted to upper income strata or upper educational level than the
father’s ancestral families.
Methodology
The paper will rely upon mixed methodology including doctrinal as well as empirical
methodology. On the basis of five case studies, (three from Tirunelveli and two from
Delhi) and relying upon scholarly literature available on issues such as domestic violence,
abuse of married women and custody issues, we aim to show the patterns of victimisation
of educated mothers by their husbands as well as the in-laws, the motivating factors
behind it and the consequences of the same. The paper would also propose a practical
solution to the problem.
55
See OP-ED (March 23, 2012) How the Child Welfare Service got the Bhattacharya kids, Published in the Hindu .Url:
http://www.thehindu.com/opinion/op-ed/article3155633.ece . Accessed on 12.08.2012. Also see OP-ED (August 15, 2012) On
the Bhattarcharya children case. Published in The Hindu on 15th August, 2012, at pg 11.
Url:http://www.thehindu.com/opinion/op-ed/article3772310.ece. Accessed on 16.08.2012 and Anaanya Dutta (May, 25, 2012).
Families of Bhattacharya children caught in bitter row. Published in The Hindu on May, 25, 2012. Url :
http://www.thehindu.com/news/national/article3453374.ece
56
Halder, D. (forthcoming). Who wins the battle for custody? An Analysis of Woman’s rights in cases of custody of minor
children in matrimonial disputes under the Hindu laws. In: Sarasu Esther Thomas (Ed.), Gender Justice. National Law School of
India University, Bangalore.
Parenting style and Patriarchal Abuse
Review of literature
As it can be seen in the literature specifically meant for violence against women
(Kumeri, 2007) and domestic violence and abuse against women (Hans, 2012; Gaiha, Jha
& Kulkarni, 2009; Srivastav, 2011), speak volumes of violence against and abuse of
women even in the present times. Shockingly, women are still abused for various reasons
ranging from dowry, giving birth to female children, marrying as per their own choice,
opting for higher education and job etc. However, issue of victimisation of educated
mothers by her in-laws has remained much neglected. From the literature available on the
abuse of women and domestic violence against women, it can be seen that irrespective of
their educational qualification and employment status, many women have been victimised
by their matrimonial families for wanting to be ‘what she wants to be’ or how ‘she wants
to run her family’. These literatures provided a pattern as how these women are
victimised; for instance, either they are physically abused like beaten by the husband and
female members of the matrimonial families like the mother in law or sister in law etc; or
they are psychologically abused such as hurling extremely harsh words pointing at her
physical beauty, intellect, parental background etc. Along with this, as Halder (2012)
pointed out, women are also tortured on the issue of custody of the child in matrimonial
disputes and often, this has direct cause and effect relationship with the ego clash of
parents (especially of fathers’ or father’s family members over the mothers’) in regard to
right to bring up the child as per the wish of the mother.
The following five case studies would further establish the fact that mothers may be
victimised by their in-laws in regard to child upbringing pattern chosen by the mother.
Review of the case studies

Place Education Whether the Whether Pattern of victimisation
al family unit the victim
qualificati has shifted to mother
on upper belongs to
income/educ different
ational region/diff
qualification erent
strata from cultural/ec
the onomic
father/mother background
/sister/brothe
r-in law
Tirunelveli Under yes no The mother-in-law stops
Graduate the victim from scolding
her children when they do
any wrong; tells the victim
that she is incapable of
managing the children;
39
SASCV 2013
tells the children that they

should not follow their
mother’s footsteps, she is
rough mouthed and she
does not take care of the
family.
Tirunelveli Under yes yes The victim is not allowed
graduate to speak to her children in
her mother tongue; she is
not allowed to look after
the studies of the children.
If she buys any dress for
the children, she is teased
for her choice of colour
and design. She is
constantly reminded of the
fact that this is her
matrimonial home and not
her mother’s home where
women are given ‘too
much freedom’.
Tirunelveli Post yes yes The victim is criticised for
graduate speaking to her child in her
mother tongue, she is
constantly told that she is
trying to over burden the
child with the culture of
her own parent’s family,
she is also told that her
ways of parenting would
make the child a critical
human being. She is
abused in front of her
child. The child is secretly
asked whether the mother
is discussing anything
against the in-laws with
her parents or with the
child herself.
Delhi Under yes yes The mother in law
graduate constantly criticise her for
bringing up the child in
40
Parenting style and Patriarchal Abuse
‘modern ways’ and not

following her advises, she
also criticises her for choice
of the school, the way of
feeding the child etc. The
victim is abused in front of
the child for various
fictitious reasons and the
child is encouraged to
shout at her mother.
Patterns of victimisation of educated mothers by the in-laws

As can be seen from the case studies, the pattern mostly involves the following:
• Criticising on the ways of handling the child
• Teasing or criticising the mother when she speaks to her child in her own mother
tongue
• Using sharp words to remind the victim that she should not follow the cultures of
her parental home/region
• Provoking the husband to fight with the victim on the issue of ways of child
upbringing
• Insulting the victim in front of her children
• Encouraging the children to speak back to the mother with teasing and humiliating
words.
Possible effect and consequences on the mother and the child

Some of the responders whom we contacted for this purpose of this study stated that
this is a normal practice of households where the mother prefers to go for job and needs to
depend on the in laws. However, we argue that such sort of attitude towards mothers who
prefer to be different than their in-laws, especially mother/sister-in-law, must be
considered as alarming. It can fall in the category of domestic violence against women
when such sorts of approaches create deep and long term psychological effect on the
victim and her child. The victim can feel extremely hurt, her right to speech and
expression can be hampered and over all, in the long term, she may develop severe
depression, hatred towards people of the region to which her matrimonial family
belongs.57 The child on the other hand, may grow negative feelings towards the mother.
The child can in turn, grow into another wife-abuser or may also develop hatred towards
57
In case the victim do not belong to the same region as her husband and in-laws
41
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the language that his mother speaks.58 Such sort of victimisation may also make the child
rude, depressed and withdraw from relatives of both the sides.
Conclusion
The literatures above would advocate the fact that it is women more than men, who
try to support several oppressive social norms such as supporting honour killing, female
infanticide or even dowry demands. The root cause could be that in India majority of
women are economically dependent on men. Many women may feel secured to be in the
traditional oppressive social system than to brace the rough world. Resultant, older
women may feel extremely reluctant to accept the role of women of younger generation
in child upbringing as per modern ways. This attitude hugely influences the other younger
members of the matrimonial family, like the sister in law. We claim that such attitude also
hampers growth of a mixed and united modern Indian culture, apart from fuelling
domestic quarrels in front of the child.
The situation can be controlled by the following measures

• Pre marriage counselling of both the immediate family members of the bride and
groom.
• Creating focused laws to bring in this particular issue under the purview of
domestic violence law
• Encouraging more ‘mixed marriages’
58
In case the mother speaks different language than the father
42
4
Scripting women in modern political system in India:
Roots and routes
Geeta Sarkar, Mona Gupta and Sarita Pandey
Now-a-days, women empowerment is a buzz word in the governmental corridors.

We see around that various reputed universities and institutes in today’s India are
consistently and (seemingly) emphatically involved in this process as if a) we, as a society,
have been since long, or civilization ally, discriminating against or marginalising the other
gender, the women in India and b) in terms of institutionalisation, we have always been
conscious to popularise the institutes/processes which can establish that Indian society is
not gender biased. But, academics apart, we as a part of Indian society (urban and rural
both paradoxically) all aware that we do discriminate with the other sex and contributes its
becoming a weaker sex socio-politico-economically. Why this? Or is it so natural to
discriminate against women in all societies? If it is universally so true that, marginally or
generally, women are socially and politically exploited, then what is the rationale behind
it, if there exists any, in any of the societies of the world.
Our attempt, in this research paper, is to focus on the issues related to the search for
the rationales which caused the making of contemporary India where women are
increasingly used and abused, socially and politically. Ironically, the civilization
understanding of Indian society forces us to infer that women in Indian society, since its
past, have always been revered. Its mythology, folklore and legend support this rationale.
Precisely, a woman, socially so revered, can not be marginalised politically in any society.
Examples are well explanatory if we quote the Scandinavian societies in Europe. But it is
not the same for the whole lot of developed neo-liberal societies of the West.
Globalisation, not only in India, but also in Europe and in Americas, catered negatively to
the restoration of the well-being of the other gender, the women. How education, that
emphasises its claims on the merit of rationality, delivers the justification of this kind of
deficit in gender-justice? In this research paper, we would try to reach to those causes and
frame a thematic interpretation, analysing a particular case of Indian story of women and
gender as an identity construct.
These are the two extreme and binary positions of women in India we often refer to,
one is the poetic expression of social realities, another is the constitutional ideals to
envision women empowerment. It seems at times unusual to introduce the political
representation of a social reality with a poetic start. But, as we all are aware, poetry has a
social context and is connoting the social realities since time immemorial to humankind in
the brief, sure and succinct manner. Indian women now have seen some changes in the
SASCV 2013
formation of her identity. Constitutionalism, along with certain social and reformatory
movements, also led to these visible changes. Notwithstanding, we can also not counter
the fact that new pictures of violence and discrimination against women have also taken
place in the new age of Indian independence. Gender in India, but particularly in urban
India, has seen a visible progressive path, heading more towards a greater and equal
participation in education at par with the male counterparts, jobs in service sector,
particularly in private sector where the professional qualifications, based on skill-based
education, is more in demand sports, and even politics. Considering the quotes given
above, three different propositions of women we perceive in continuation in the historical
consciousness of Indian civilization, under the varied forms of political systems. One is a
moral reflection of women-hood, as portrayed in the first quote of Maithili Sharan Gupt a
celebrated Hindi chhayavadi (romanticism) poetess, another stand is suggestive of the
interface of modernity and new political system under the guard-ship of constitutionalism
in post-independence India, of which Dr.B.R.Ambedkar was a singular symbol. Yet
another portrayal of women in Indian society is reformatory (in its entirety) put forth by
Mr.M.K.Gandhi (hereafter Gandhi) in modern India, though unlike Dr.B.R.Ambedkar
(hereafter Ambedkar), he was not the chief or the only exponent of that strand of social
evolution in modern-India. This research paper, in its brief effort, is an attempt made to
overview the different currents of the evolution of “women-hood” in Indian history,
under the different times and varied political systems and, to find out the “political”
connectivity in the variables of gender evolution in India. Brief but very stringent
references are considered here for the analysis of women progress in India.
Textual Genealogy: Status of Women in Ancient India

In its strict sense of historiography, not many profound references are found in past
about the position and status of women in ancient Indian history. Most of the times, in
the absence of the ‘accepted and agreed-upon’ historiography in its modern / Western
sense, the references are found rather oppositional, presenting the extreme opposite /
negative views of the position of women in ancient India. Since the present conditions of
women in Indian society are not reflective of the continuity of a tradition where the status
of women can be confirmed at par with men, we may conclude that in past, reasons
notwithstanding, women were not as empowered as men. Certain specific references of
women who were found with equal footing with men in ancient India can not be
considered as if the society at large were not discriminatory in gender issues. In brief, we
may take the references one by one for specific understanding of the issue. The position of
women in ancient India did not remain ‘constant’. The declaration of Manu in
“manusmriti” that Gods are pleased with those households where womenfolk are held in
prestige suggests a mere ideal plank of the society of that time since the social realities are
vocal about how the women were considered as ‘inferior’ humans to men, devoid of
many human rights, almost like a ‘shudra’ within a family. As a girl she was under the
tutelage of her parents, as an adult, of her husband, and as a widow, of her sons. Patriarchy
was the institution and source of creating the conditions of living of women in that time.
44
Scripting Women in Modern Political system in India
The freedom of a woman is clearly specified by this reference of Manu in ‘manusmriti’

that by a girl, by a young woman, or even by an aged woman, nothing must be
independently even in her own household. In ancient India, women had been considered
subordinate to men. Perpetual war and pastoralism brought the patriarchal element to the
forefront and relegated women to a lower status. In the Rig Vedic times the society had
certainly left the state of gathering and hunting, and women held a status of relative
equality as their participation was found to be necessary in the production process. In the
Rig Veda, as suggested in many translations and commentaries on Rig Veda, the husband
and the wife were called ‘dampati’ indicative of an egalitarian society where relations
between sexes were found based on reciprocity and relative autonomy in their respective
spheres of activities. Both the sexes equally were allowed to participate in the sacrificial
rites. They were allowed, like their male-counterpart, to get education and its
dissemination. Women were found taking part in the deliberations of ‘vidatha’ (earliest
folk assembly) [Rig Veda, viii, 31.5.] During the period of the later ‘samhitas’ the
condition of women was considered relatively satisfactory. Women were regarded as an
equal shareholder as men of the responsibilities and duties at home as well. They were
invited to the Vedic studies after the ‘upanayan’ (Ceremony of Initiation for education). In
Indian mythology, Sita, wife of Ram, is described as offering prayers.
The deterioration in the status of women supposedly started around nearly 300 BC
onwards. Another great Indian epic, ‘Mahabharat’ suggests that the women were
considered not at par with men. Women were considered fickle-minded, to be easily won
over by abundance and flamboyance. Woman was depicted in some characters as the
lurer, and hence the root of evil. Between Indian mythology and Indian society, what
paradox do we see that women are found as the symbols of faith and worship, whereas at
social level, the status of women is found degraded and exploitative.
Indian Political System and Women in Post-Independent India: Routes forward

Indian National Movement saw a growing participation of women in modern
India. Some scholars assert that the freedom movement helped women in their own
struggle for freedom since feminism and nationalism were found closely linked that time
and in those socio-political conditions. Gandhi’s ideology of recruiting women in
politico-public life, without hurting their family institution, and mobilising women also
helped for women’s liberation movement consequently. Many other leaders were found
establishing women’s organisations that time. Subhash Chandra Bose formed Rashtriya
Mahila Sangh that played a very momentous role in freedom struggle. Women were
accepted as the vehicles of change and given opportunities of equal participation. To
Gandhi, women, by virtue of their nature, were found more suitable for his non-violent
methods of struggle against colonialism.
45
5
Elderly abuse in India:
Special reference to age old women widows
Gisa Sara Joy and Nasafi Rehman
Introduction
In our Indian society, old age is a celebration in itself. We always get blessings from
our loved ones “to live for more than 100 years”; “May God add my years to your life”
etc. But what if this really happens? In such a fast moving society where people don’t even
have time to give proper care to their children, then the question of looking after the
parents is not even in the picture. It is a very disturbing fact that almost 47.3% cases of
elderly abuse are reported to have children as perpetrators.
The earlier Indian society had a joint family system. Therefore, as there were more
members in the family, elderly abuse was not that prevalent. However as time passed by
joint family system was replaced by nuclear family system. Resultantly, patience and
contentment in younger people became very less. Younger generations find it very hard to
adjust with their ageing parents.
There is a greater need for awareness at this stage. Older persons need awareness as to
how not to depend on anything and everything at their children and also the young need
to understand the age old problems and issues. However, I am of the view that such
awareness programmes, even if given, are of no help. Therefore, I recommend that the
government should take initiatives in implementing better schemes for the benefit of old
people.
Often, we find that old women widows are subject to more torture and cruelty from
children. This is because more than 50% of them are uneducated and live at the expense
of their children. Recently a newspaper reported that in Kerala, a bed ridden mother who
was around 80 was put in dogs cage as the daughter in law refused to look after her. How
should we react to such incidents? Most often what we do is feel pity for the old women
and then later forget about it.
We need to redefine elderly abuse as per value based Indian society. Incidences of
mistreatment of older persons are increasing day by day. Elderly abuse has become the
reality. Whatever are the reasons, whatever is the situation the fact is that older persons are
the victims, they are the sufferers. Roots of intergenerational bonds are deep in almost all
Indian societies. That’s why even today majority of older persons have no complaints
about their life and changing world.
Elderly Abuse in India
The Changing Scenario

The stark reality of the ageing scenario in India is that there are 77 million older
persons in India today, and the number is growing to grow to 177 million in another 25
years. With life expectancy having increased from 40 years in 1951 to 64 years today, a
person today has 20 years more to live than he would have 50 years back. However, this is
not without problems. With this kind of an ageing scenario, there is pressure on all aspects
of care for the older persons – be it financial, health or shelter. As the twenty first century
arrives, the growing security of older persons in India is very visible. With older people
living longer, the households are getting smaller and congested, causing stress in joint and
extended families. Even where they are co residing marginalization, isolation and
insecurity is felt among the older persons due to the generation gap and change in
lifestyles. Increase in lifespan also results in chronic functional disabilities creating a need
for assistance required by the older person to manage chores as simple as the activities of
daily living. With the traditional system of the lady of the house looking after the older
family members at home is slowly getting changed as the women at home are also
participating in activities outside home and have their own career ambitions. There is
growing realization among older persons that they are more often than not being
perceived by their children as a burden.
Old Age has never been a problem for India where a value based, joint family system is
supposed to prevail. Indian culture is automatically respectful and supportive of elders.
With that background, elder abuse has never been considered as a problem in India and
has always been thought of as a western problem. However, the coping capacities of the
younger and older family members are now being challenged and more often than not
there is unwanted behavior by the younger family members, which is experienced as
abnormal by the older family member but cannot however be labeled.
India ranks high in Elderly Abuse

A nationwide survey by the NGO Help Age India revealed that Bhopal ranks first in
elder abuse, followed by Guwahati, Lucknow and Ahmadabad. Bangalore ranked seventh
on the list while Jaipur ranked the lowest. The survey was conducted in 20 cities, namely
Delhi, Mumbai, Kolkata, Bangalore, Hyderabad, Guwahati, Patna, Chandigarh, Panaji,
Ahmedabad, Shimla, Jammu, Kochi, Bhopal, Bhubaneswar, Puducherry, Jaipur, Chennai,
Dehradun and Lucknow. The study covered the elderly in the age group of 60 plus. The
report revealed that at least 31 percent of elderly faces abuse and 24 percent face abuses
almost daily. Most of the abuses (56 percent) are committed by sons and 26 percent by
daughters-in-law. In most of the cases, elderly people remain silent without reporting the
incidents to anyone.
In a majority of cases, elders subjected to abuse do not even know that there is a police
helpline available to them, and those who are aware of the services rarely use them, in
order to protect ‘family honor’. As per the survey elderly women were subjected to more
abuse when compared to the men and those above 80 when compared to the younger.
47
SASCV 2013
Types of Elderly Abuse

Abuse of elder’s takes many different forms, some involving intimidation or threats
against the elderly, some involving neglect, and others involving financial chicanery. The
most common are defined below.
Physical abuse
Physical elder abuse is non-accidental use of force against an elderly person that results
in physical pain, injury, or impairment. Such abuse includes not only physical assaults such
as hitting or shoving but the inappropriate use of drugs, restraints, or confinement.
Emotional abuse
In emotional or psychological senior abuse, people speak to or treat elderly persons in
ways that cause emotional pain or distress.
Verbal forms of emotional elder abuse include
-Intimidation through yelling or threats
-Humiliation and ridicule
-Habitual blaming or scapegoating
Nonverbal psychological elder abuse can take the form of
-Ignoring the elderly person
-Isolating an elder from friends or activities
-Terrorizing or menacing the elderly person
Sexual abuse
Sexual elder abuse is contact with an elderly person without the elder’s consent.
Such contact can involve physical sex acts, but activities such as showing an elderly
person pornographic material, forcing the person to watch sex acts, or forcing the elder
to undress are also considered sexual elder abuse.
Neglect or abandonment by caregivers

Elder neglect, failure to fulfill a caretaking obligation, constitutes more than half of
all reported cases of elder abuse. It can be active (intentional) or passive (unintentional,
based on factors such as ignorance or denial that an elderly charge needs as much care as
he or she does).
Financial Exploitation:
This involves unauthorized use of an elderly person’s funds or property, either by a
caregiver or an outside scam artist.
An unscrupulous caregiver might
9 Misuse an elder’s personal checks, credit cards, or accounts
9 Steal cash, income checks, or household goods
9 Forge the elder’s signature
9 Engage in identity theft
48
Elderly Abuse in India
Typical rackets that target elders include

9 Announcements of a “prize” that the elderly person has won but must pay
money to claim
9 Phony charities
9 Investment fraud
Health Care fraud and Abuse

Carried out by unethical doctors, nurses, hospital personnel, and other professional
care providers, examples of healthcare fraud and abuse regarding elders include
9 Not providing healthcare, but charging for it
9 Overcharging or double-billing for medical care or services
9 Getting kickbacks for referrals to other providers or for prescribing certain
drugs
9 Overmedicating or under medicating
9 Recommending fraudulent remedies for illnesses or other medical
conditions
9 Medicaid fraud
Legislation to Ensure Age old Security

To ensure old age security the Maintenance and Welfare of Parents and Senior Citizens
Act was passed. The bill proposed to provide for;
• Appropriate mechanism to be set up to provide need based maintenance to the
parents and senior citizens
• Providing better medical facilities to senior citizens
• For institutionalization of a suitable mechanism for protection of life and property
of older persons
• Setting up of old age homes in every district.
Recommendations and Conclusion

Nationwide programmes should be organized in schools and colleges to sensitize
children towards ageing and aged. NGO’s has been working towards this through its
Student Action for Value Education (SAVE) Programme which aims to inculcate values of
care and respect for the elderly in school going children to create an age friendly society.
Secondly, a robust social security system should come into being that not only ensures
income security for the elderly, but also gives them opportunities for income generation.
Thirdly, involvement of society at large in prevention of elder abuse is indispensable.
49
6
The agony of womenhood reflected through victims of
contemporary crimes
Gouri Naik
Emergence of victimology in 70’s is credited to bring forth the plight of crime victim
by describing him as a ‘forgotten entity’ in criminal justice system. Once an active
participant, common law system has successfully managed to completely remove victims
from criminal justice process, victim’s status got reduced to a witness to a crime against
state. The quality of life in a society is largely determined by the manner in which the laws
are enforced. It is widely recognized in India that victims do not have express legal rights
and protection enabling them to be a part of criminal proceedings, and this tends to result
in disinterestedness in the proceedings and consequent distortions in criminal justice
administration. There will be no takers for the rights guaranteed by Constitution or law if
realisation of rights proves to be costlier than rights themselves. Generally two types of
rights are recognized in the continental countries of the victims of crime, firstly, the
victim’s right to participate in the criminal proceedings, and secondly right to seek and
receive compensation from the criminal court itself for the injuries suffered as well as
appropriate interim relief in the course of proceedings. In India these rights have not been
very expressly and prominently integrated in the criminal procedure. The decline in
penological importance of restitution and non-recognition of victim’s functional role in
crime gained theoretical support from the endeavour to find different bases for criminal
and civil liability. Victims who want offenders to make good of the losses are left to the
civil justice system.
Coming to the centre point of this paper i.e. women as victims of crime, in a country
like India the society being male dominant or patriarchal the position of women in the
society is secondary although there are instances of equality in various aspects the status of
the woman is always after that of a man. Inequality still exists largely in terms of gender
bias, this is the root cause why women fall prey vulnerable to various crimes may it be
personal, mental, physical, etc. We need to look at the position of women as a victim not
only of a crime, but also in a country like India being woman itself is being a victim.
Having a look at India’s socio-economic conditions each and every woman is having
vengeances at the other gender and the society at large. These vengeances being never
taken into account leads to humiliations and thus result into victimizing the woman in n’
number of ways. The author is intending to restrict its scope to reproductive crimes going
on interpersonal lines (medical termination of pregnancy, pre-natal diagnosis, in-vitro
fertilization, ART, surrogacy, etc).
The Agony of Womenhood
At present the provisions of Medical Termination of Pregnancy Act, 1986 (MTP Act),
The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)
Act, 1994 Act,(PC-PNDT Act) or the proposed Assisted Reproductive Technologies Bill
2010 (The ART Bill), do not exhaustively meet with the needs of the hour. As well as
various flaws in these laws are making women more vulnerable to various crimes that can
be termed as reproductive crimes, they may range from forced abortions, female foeticide,
surrogacy various In Vitro Fertilization (IVF & IUI) Treatments wherein gross violation of
rights occurs but unfortunately many times these violations are not recognized as an
offence or a crime and thus women fall prey to victimization. One angle is that, the
society at large is many a times unaware of rights, their violations and remedies, but in case
of reproductive crimes the agony is different here the rights are not legally recognized and
hence remedy is far away. However looking into socio- legal background, Indian society
has witnessed many instances of reproductive crimes which have generated much heat on
women victimization may it be the case of Nikita Mehta for aborting the foetus with
abnormality which is not touched through the provisions of MTP Act, may it be Baby
Manji’s case which brought forth the debating issue of legalizing surrogacy as well as other
complexities involved into the issue relating to exploitation of women through various
modes and at various stages for which she is left without any remedy and our legislature is
interested in passing the ART Bill 2010, without analyzing the viability as well as
consequences of the same.
Coming to the issue of female foeticide in India PC-PNDT, Act being there since
almost two decades it has failed to achieve its object, and female foeticide continues to be
a problem resulting into, increase in; violence against women, abortion due to family
pressure to have male child, more men in the society due to sex selective abortion, it also
violates the provisions of Indian Penal Code (S. 312 To 318), but rarely the cognizance is
taken. Upcoming technology has given man many opportunities to develop faster, but at
the same time it has challenged the nature, carrying out various experiments on human
body, specifically reproductive techniques which involves use of various drugs as well as
techniques that can cause long term losses or harms to the health of woman. Many times
these experiments are failure and they affect mental and physical health of woman. Talking
in terms of human rights all these reproductive crimes leads to gross violation of human
right and victimization of women at each and every step. The woman who is been a
victim of a reproductive crime is left with an inadequate remedy or mostly no remedy at
all. In most of the cases it is left to the civil justice system, but at the same time it is
forgotten that when it comes to the restitution of the victim, personal satisfaction of the
victim is also very much essential the major hurdle is how to achieve this aspect of
criminal justice in reproductive crimes. Many a times such offences result adversely on
well being of a woman as a social trauma and hence it needs a special consideration. As the
author has pointed out use of technology going against nature, it also involves ethical
dilemmas putting forth the question of procreational liberty; is it a right to procreate or
unfettered liberty given under the Constitution needs to be reexamined in the realm of
Indian society. The recent case of Indian woman who died because of unavailability of
51
SASCV 2013
recourse by law of abortion in Ireland is an eye opener to the situations in India also, as
what we need is a progressive criminal justice system that makes communities safer,
protect personal liberties and limits abuse of power by governmental authorities, also
support the rights of individuals to have the children they want, to raise the children they
have and plan their families by safe , legal access to abortion and contraception and it can
be achieved only when all people have the economic, social and political power to make
healthy decisions about their bodies sexualities and reproduction. Also it is very much
important that the system should take into account that only criminalization of accused is
not a solution, but need to address the losses suffered by the victims by ensuring their
constitutional rights and providing adequate and appropriate remedies. As reproductive
crimes are social phenomenon they can be better addressed through social services.
Finally author would like to sum up saying that; reproductive justice is equally
important as of criminal justice and our system which takes enough care of rights of an
accused person should also have some gratitude towards the victim of the crime also!
Providing victim a prompt and sufficient remedy, active participation and protection in
the trial process and recognition and restitution of the rights of the victim is important part
of furthering the cause of reproductive justice. Women being a weaker section of the
society the present legal system and the approach of criminal justice system are making
them more vulnerable to the victimization.
To conclude, nature has given this incredible capacity of procreation to the woman,
the very inception of life begins in her womb, and the existence of whole human race is
from her. We must protect woman from being victimized and respecting the nature she
should get her basic right to live with human dignity!
52
7
Spousal Rape: An Increasing Menace
Greeshma Rai and Benjamin Thomas
Women, like men are endowed with the fundamental right to live with dignity, like J.
Saghir Ahmad has stressed. Considering the hardships that the female gender has been and
is being put through, women deserve this right more than anybody else. But all the voices
appealing for such a right have fallen to deaf ears through the centuries. Evidently, sexual
offences being committed against women have been on a rampant increase. Out of all the
sadistic and barbaric offences that man can commit, it is commonly considered that rape is
the most traumatic one. The very thought of mutilating a woman forcefully itself is very
disturbing. Sexual violence by itself, apart from being a dehumanising act is an unlawful
intrusion of the right to privacy and sanctity of a female. It is a serious blow to her honour
and offends her self –esteem and dignity-it degrades and humiliates the victim.59 A very
prominent ‘type’ of rape is spousal or/and marital rape. In most cases, Marital Rape occurs
in societies which believe in the unjustified conventional assumption that once married,
the husband essentially owns the wife. What this results in is a situation in which the
husband imposes himself at every level and the wife is required to be at his beck and call.
The extent of this is spread onto the aspect of love making and sexual desires. Yes, Sex is
probably(emphasis on probably) the most important basis of a happy married life and yes, a
passionate love life does have to exist between the sheets, but this doesn't give the husband
any authority to dominate the bedroom and force his wife to make love when she simply
doesn't want to. It is at this juncture that the drawn lines are crossed and the sanctity of the
institution of marriage is imputed. Marital rape is essentially a betrayal of trust. Unlike a
‘stranger rape’ (if distinction in types of rape has to be made) it does not involve only
physical violence and sexual violation. Marital rape is so destructive because it betrays the
fundamental basis of the marital relationship; because it questions every understanding you
have not only of your partner and the marriage, but of yourself. The victim ends up
feeling betrayed, humiliated and, above all, very confused. In recent years, many countries
have felt the necessity of criminalizing spousal rape. But very few seem to have taken this
seriously.
For the purpose of clarity and context, it would be prudent to define the term in itself.
Though traditional definitions associate rape to only female victims, more and more
societies today are embracing the gender independent nature of rape, given that it is
equally damaging and likely to occur to a male victim as it is to a female one. In a society
which is slowly opening up to unconventional sexuality, it is important to address the
59
Former Chief Justice A.S.Anand
SASCV 2013
gender parameter in the definition of rape. However, due to the fundamental nature of
our discussion, and for the sake of unconfused efficacy, we will talk about it from a female
victim standpoint. Manu declares that the wife, the son and the slave – these are
unpropertied; whatever they earn is the property of those to whom they belong.60 Since
the early days societies have predestined the woman to be under the ownership of man. As
a child, she belongs to her father, and once she comes of age, the ownership is thereby
transferred to the husband. This may be due to the breadwinner-homemaker protocol that
existed in those times, but somehow the notion stayed engraved in the psyche of even the
modern man. This could be one reasoning as to why such a phenomenon as spousal rape
may exist today. When a sense of ownership overshadows the feelings of love and respect,
an act as despicable is likely to manifest. Sexual frustration can cause people to stoop to
loathsome levels, and this is also true in marriage or other such arrangements of
cohabitation. Studies have shown direct correlation between sexual frustration and violent
behaviour, and spousal rape in an amalgamation of the two. Yet another reason could be
the sheer dependency of the wife on the husband for her subsistence. This case is
particularly true in developing nations such as India, where the husband is the sole earning
member in the family. Refusing his demands for sex could have worse physical
consequences, even to the point of abandonment, and the wife is forced to give-in against
her will, physical predisposition or mental state. In a situation where this condition
continues for an extended period of time which could be even may years, the trauma can
result in permanent mental and emotional injury
In its 1993 Declaration on the Elimination of Violence against Women, the United
Nations High Commissioner for Human Rights established marital rape as a human-rights
violation. Spousal rape is a crime in most parts of the Western world. It is an irony that
while we are celebrating women’s rights in all spheres, we show little or no concern for
her honour. It is a sad reflection on the attitude of indifference of the society towards the
violations of human dignity of the victims of sex crimes.61 Though world over, Marital
Rape is a recognized penal offence; there have been a lot of drawbacks in curbing the
same. When a woman does not succumb to traditional socialization and does not conform
to traditional gender roles, she is more likely to be beaten by her family and abused by her
spouse.62 This is because of the existing dominant nature of men in the society. So in order
to have the upper hand in the relationship, partners my resort to marital rape in case the
other partner refuses sexual intercourse. These acts of violence also tend to be socially
accepted.63 In how many instances will a spouse report on her better half? In most of the
instances what happens is that the very offence of Rape committed by a spouse is hushed
up and hidden, most times by the victim herself. It is even more appalling that people who
know what the victim is undergoing also generally hush up such incidents of commission
60
Manu, VIII, 416
61
State of Punjab v. Gurmeet Singh 1996 Cr LJ Sc. Page 1728
62
Goode and Tambiah, 1973
63
Agnes, 1990; Srinivasan, 1998
54
Spousal Rape
of crime against women especially where the offence is a sex related one.64 What about
countries where Marital Rape is not a recognized offence? In a few countries, the national
religion mentions that a husband has paramount powers over his wife and if he needs to
satisfy himself, he doesn’t necessarily have to obtain his wife’s consent to do the same. He
can do so by forcing her to have intercourse with him. Thus, sexual assault by a husband
on his wife is not considered to be a crime; a wife is expected to submit. It is thus very
difficult in practise to prove that sexual assault has occurred unless she can demonstrate
serious injury. The report of the Special Reporter noted that light sentences in sexual
assault cases can send the wrong message to perpetrators and to the public at large; that
female sexual victimisation is unimportant.65 In such countries, how will the violence
against women be curbed at all?
Criminal law has to be the one that takes stock of social reality of the place and the
people so it has to be true to the kind of story the women may have to narrate in this
country. It has to be representative in character and has to take notice of the kind of
treatment meted out to women and hence not be patriarchal so as to ignore the male
proclivities and criminal form of deviancy at the cost of women. Official surveys reveal
that male participation in criminal form of deviance is on the increase worldwide and also
attest to the fact that women are the easy targets, so has the volume of crime against
women witnessed disproportionate increase. 66 The UN Population Fund states that more
than 2/3rds of married women in India, aged between 15 to 49 have been beaten, raped
or forced to provide sex. In 2005, 6787 cases were recorded of women murdered by their
husbands or their husbands’ families. 56% of Indian women believed occasional wife-
beating to be justified.67 The rampant increase of this crime which is clearly elicited by
statistics calls for its immediate criminalization. With the criminalization of marital rape,
women achieve formal equality under the law and in their marriages – women are
recognized as autonomous persons, not property. The criminalization of marital rape helps
to establish a culture of accountability for women‘s human rights, and to improve the
physical safety and security of women. It contributes to the creation of societies that
respect women‘s rights, and helps to reduce the vulnerability of women to other forms of
violence. It protects women from a form of violence that has serious health consequences,
including the spread of HIV/AIDS. Ending marital rape immunity means that in taking
marriage vows, women are not required by law to cede control over their own bodies. In
short, married women should always have the right to say NO to sex at any time, in any
context, for any reason.
64
C.B.Mamoria, Social Problems and Social Disorganisation, (1981) 1047
65
Report by the Special Reporter to the UN, Ms. Radhika Coomaraswamy, 1994
66
Crime in India(1998) National Crime Records Bureau, Ministry of Home Affairs, New Delhi; Hindelamg M.J,
“Race and Involvement in Common Law Personal Crimes”
67
Marital Rape and the Indian Legal Scenario, Priyanka Rath
55
8
The spatial dimension in women’s fear of crime
Hannah Christopher, Srinivas Tadeppalli and G. Subbaiyan
Introduction
As major forms of anti-social behaviours, crime is always one of the most important
issues gaining most attention and concern from human society because they cause death,
injury, fear, damage, and inconvenience as well as huge financial expense and loss. Crime
is the result of a complex interaction of economic, social, cultural factors, alongside the
physical environment that houses it. The feeling of safety in the physical environment
hosting activities of all types is influenced by a range of factors. It is difficult to separate the
relative contributions to fear of crime by social and cognitive components of territorial
functioning and the physical components emerging from territorial marking. Several
interdisciplinary studies aim to examine the factors that impact fear of crime and how the
feeling of security can be promoted through laws, policies, environmental design and
educating the public about their safety and the actual victimization risk. This paper is an
attempt to study the impact of the built environment surrounding the bus shelters, on the
spatial behavior of women and their perception of security during the waiting time.
Women and Fear of Crime

Studies have been made in the area of ‘Fear of crime’ for several decades and it still
attracts interest from social, economic, political and research perspectives. Studies show
that elders, women, urbanites and people belonging to lower social and economic
background are among the selective groups that fear crime more than the others (Hale,
1996 ). Across all researches, women consistently seem to fear crime more than men,
despite their risk of victimization being lower than men. Women carry weapon, dress
modestly, travel in groups, use motorized transport to protect themselves from people
with unpredictable nature. Women make more daily trips but travel fewer miles; Women
chain trips. Women try not to frequent places where the potential for sexual attack is
perceived to be high (Valentine, 1992). Women express more fear and constrain their
mobility, self-expression and social experience or engage in behavioural fear to lower their
chances of victimization (Sur, 2012).
Research points out that individuals worry about crime when they feel a lack of
control over the situation as they appraise a threat and worry about the consequence of
risk. Women’s vulnerability due to difference in physical capabilities with men, inability to
control interaction with strangers makes them fear that they are most often the ‘targeted
victim’ (Jackson, 2009). Ferraro tries to explain women’s worry about crime through his
sexual assault hypothesis. He points that for any type of crime (theft, physical attack or
The Spatial Dimension in Women’s fear of crime
verbal abuse) the end result could be sexual assault and thus making women fear crime
more than men, despite their lower victimization rates. Moreover, women’s rape and
sexual assault rates are ten times higher than men’s. This prominent risk of victimization
makes women more likely to be fearful of rape or sexual assault (Ferraro, 1996).
Women and the Spatial Dimension of Public Space

Women feel that the space around her is an extension of her personal space that either
deprives her of her right to experience it or gives her the freedom to explore it.
Conventional beliefs accept the private spaces as women’s realm while portraying the
public sphere is predominantly the man’s space. Significant revisions have happened in this
century shuffling the household and family structure, changing the division of household
responsibilities and bringing more women on the streets. Women’s increasing
involvement in employment has thus altered this personal space of woman. Perception of
security behind closed doors varies from the perception of security on streets. Thus this
study aims to understand women’s perception of the built environment and study the
impact of the physical features of this built surrounding on their fear of crime.
The Study
The bus stops taken for study were selected in the city of Tiruchirappalli, the fourth
largest city (corporation) in Tamil Nadu. Bus transport is the major form of public
transportation catering to an approximate population of 1 million. Approximately 100 bus
stops are provided and maintained by the city corporation authorities. 14 bus stops were
chosen for investigation based on the various aspects considered for the study. The features
include land use of surrounding areas, lighting in and around the bus stop and the visible
openings and set back details of the surrounding buildings. A total of 248 women waiting
at the bus stops were surveyed to ascertain association between the features of surrounding
built environment and fear of crime at bus stops.
Analysis and Results

The variation in the mean fear of crime of people among bus stops was analyzed using
Analysis of Variance (ANOVA) and bus stops were grouped based on pair wise
comparison of bus stops level mean fear of crime using post hoc analysis with Tukey’s
method. ANOVA revealed a significant variation in the total (combined day and night
time) fear of crime [F (13,402) =10.174, p<.001] among the 14 bus stops.
ANOVA revealed a significant difference in the total (combined day and night time)
mean fear of crime [F (3,412) = 33.352, p<.001] between the four bus stops groups. The
post-hoc analysis indicated that mean fear of crime of people at bus stops (group IV) with
good mix of land uses and without negative uses; and bus stops (group III) with medium
mix of land uses and without negative uses were significantly (at 0.05) lower than the
mean fear of crime of people at bus stops (group II) with medium mix of land uses and
with negative uses; and bus stops (group I) with low mix of land uses and with negative
uses.
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SASCV 2013
There was a significant difference in the night time mean fear of crime among the
seven bus stop groups [F (6,409) =17.966, p<.001]. The post-hoc analysis indicated that
mean fear of crime of people at bus stops with good street lighting and surrounding
premises lighting, and in which the bus shelter lighting is present were significantly (at
0.05 level) lower than all other bus stops. It was noticed that surrounding premises lighting
was the second influential factor next to street lighting, whereas shelter lighting did not
effectively influence the fear of crime more particularly when the street lighting was good.
There was a significant difference in the level of total fear of crime of people between
the six bus stop groups classified based on the site layout buildings [F (5,410) =19.149,
p<.001]. analysis indicate that bus stops located in places where all or most buildings are
attached buildings without compound walls and detached buildings with compound walls
offer more surveillance. Fear of crime of people at bus stops with less number of
surrounding building openings and outdoor spaces visible from the bus stop was higher
than that of bus stops with more number of surrounding building openings and outdoor
spaces visible from the bus stop. The mean fear of crime of people at bus stops with more
number of building elements such as niches, projections, large columns that block prospect
and offer concealment was higher than that of bus stops where these elements either not
present or less in number.
Multiple regression analysis was conducted to determine the best linear combination of
independent variables (People’s perception about contribution of land use, lighting, layout
of buildings, visible openings and hiding elements of buildings) in predicting the fear of
crime of people waiting at the bus stops. Land use yielded the highest beta weight (-.319),
followed by hiding elements (-.174) lighting (-.168), and openings and outdoor spaces (-
.149). The adjusted R2 was .378, which suggested that thirty eight percent of the variance
in fear of crime was explained by the independent variables in this model.
Conclusion
Features of physical environment provide natural surveillance to public and enhance
the perceptions of personal security of people. Gender seems to be strongest predictor of
personal level fear of crime at bus stops. Among the prominent features of the built
environment the land use mix seems more influential followed building features like
visible openings and building setbacks. The influence of street lighting on fear of crime
was more evident than the influence of bus shelter lighting and surrounding premises
lighting. Thus peoples’ opinion about the contribution of these physical features of the
built environment, on their perception of security, is significantly dependant on the
specificity of the individual features.
58
9
From a victim of abuse to homelessness
Helena Menih
In 2006 the number of homeless people in Australia reached 104,676 which were five
per cent higher than five years previously (ABS, 2008). In response to the increase in the
homeless population, the Australian government published a White Paper proposing to
halve the homeless population and offer supported accommodation to rough sleepers by
the year 2020 (FaHCSIA, 2008). One of the main suggestions was to intervene early to
prevent homelessness. In order to prevent people from becoming homeless, the reasons for
homelessness need to be explored. Furthermore, in order to decrease the number of
homeless people their needs and coping strategies have to be examined to recognize and
establish the solutions that would achieve the goals of halving the homeless population.
This project aims to examine women’s pathways into homelessness, the main reasons for
homelessness and their experiences of homelessness. The project is grounded in the
experiences of homeless women themselves.
Parker and Fopp (2004) point out that Australian research is predominantly
quantitative and that qualitative analyses of homelessness are relatively undeveloped.
Furthermore, the research that has been conducted in the United Kingdom, North
America and Australia, has been carried out predominantly on men (Parker and Fopp,
2005), which demonstrates an obvious gap in the knowledge in the field of homelessness.
Thus the need for a more in-depth understanding of why women become homeless and
how they cope with homelessness is essential. As a result, this research project aims to give
‘voice’ to homeless women and to make them visible. This requires an exploratory
research design, which is used in instances where limited knowledge exists on the research
topic (Brewer, 2000). The qualitative approach adopted for this research enabled the
researcher to explore and provide an understanding of interactions of experiences and
meanings of the research participants. This was achieved with ethnography. The research
methods employed include participant observation and life history interviewing.
In this presentation some preliminary findings from ethnographic research with
homeless women in Brisbane (Australia) will be presented. Essentially, the findings
confirm the importance of sensitive ethnographies to give voice to vulnerable urban
‘others’. Throughout the participant observant phase and life history interviews it was
established that one of the common reasons why women become homeless is violence at
home, which may be physical, sexual or verbal. Since this project uses qualitative
methods, the percentage is not known. What is known, are the stories of violence some of
women on the streets of Brisbane told.
SASCV 2013
Zorza (1991), in a study in Philadelphia found that domestic violence was the most
common reason (with 42 per cent) for women’s homelessness. When these women tried
to escape abuse they ended up on the streets or in the shelters. However, even when
being sheltered there was no guarantee of escaping abuse, as most shelter only allow short
stay, which meant that in a search of a roof over the head most of the women returned to
their abusers (Zorza, 1991). Up to 31 per cent of women in New York returned to their
home. The concern Zorza (1991) raised is of great importance, since Healy (2002)
explains that 45 per cent of women in Australia named domestic violence, sexual, physical
or emotional abuse as the main cause for their homelessness.
Throughout the interviews in this research project it was established that when women
seek safety after leaving their ‘safe haven’ a lot of them find comfort on the streets. Why
would the streets be safer is something only these women can explain? The interviews
demonstrate that even after experiencing the streets in their true colour these women did
not return back home. They stayed and kept going. Some of them are now settled in their
‘own’ home and some are still surviving on the streets looking for a way out.
Chamberlain and Johnson (2000) prepared an early intervention research paper for
homelessness where they discussed five patterns of at risk population, referring to people
who are in housing crisis. When at risk population is not being addressed properly this can
lead to loss of accommodation which can result in homelessness and this can in some cases
lead to chronic homelessness. Chronic homelessness can be very hard to exit for majority
of population (Chamberlain & MacKenzie, 1992). The final pattern of at risk population
focuses on women who are at risk due to domestic violence (Chamberlain & Johnson,
2000). Here the emphasis is on the search for alternative accommodation which is safe and
secure. Women’s refuges/shelters are considered one of the essential services that enable
women to access safe accommodation when escaping domestic violence (Chung,
Kennedy, O’Brien & Wendt, 2000).
For an early intervention the emergency shelters are essential. Nevertheless,
throughout the interviews it was established that if a woman does seek sanctuary within a
shelter, she will not spend enough time there to escape ‘imminent’ homelessness. Further,
due to the lack of available beds in emergency shelters she might be turned away. In the
city of Brisbane there are approximately 4000 homeless women (all types of homelessness)
and only three emergency shelters. In 2010 there were a total of 46 beds dedicated to
women, 30 to young people and over 200 for men in the city of Brisbane (Actnow,
2010).
This presentation concludes that one of the most prominent reasons for women’s
homelessness is violence they experience at home. Further, early intervention literature
suggests that one of the essential steps towards preventing homelessness for women, who
experience violence, is the importance of emergency shelters. The reality is different.
There is a clear lack of emergency shelters that would accommodate women seeking
sanctuary. This consequently means these women find safety on the streets
60
10
Domestic violence as form of crime against women
(Legal framework and practice in Nepal)
Hema Pandey
Crimes against women are found to be present in different parts of the world in
different forms. Rape, pornography, prostitution, trafficking, sexual harassment, female
genital mutilations, accusation of witchcraft, domestic violence are various forms of
violence against women (Sangraula, 2010). Domestic violence ranks top among these
which very often is not reported in the formal justice mechanism but is mostly prevalent
in the internal spheres of the society. In South Asia, (40- 70)% of women and girls report
experiencing some form of physical, sexual, or emotional abuse, and half of all women
face violence in the home (Asia Foundation, 2010).
Domestic violence are existing in various forms such as alcoholism related physical and
mental torture, gender based beating women, incest, polygamy, marital rape, sexual abuse,
burning, murder of wife or daughter - in - law, humiliating verbal abuse, dowry related
torture, emotional insult and economic deprivation, family coercion to abide by certain
form of conduct or behavior, discrimination in treatment: less health care, inadequate
foods, excessive workload, restriction on social relations, education (Sangraula,1998) and
alike. Despite of the laws to get legal remedy, victims of the domestic violence are more
victimized because "domestic violence is a private affair and hence not of the kind which
would attract the attention of others and this, along with a number of other inhibiting
factors on the part of the victim and her relations, leads to an abysmally low reporting to
law- enforcement agencies" (Siddique, 2001). Nepal, a state party to CEDAW has been
committed towards its obligation by framing Domestic Violence Offence and Punishment
Act 2009 and Its Regulation, 2010 and amending other concerned laws too. However,
due to weak remedial procedures (Informal Sector Service Centre [INSEC], 2012) and
numbers of others factors, victims are less prone to Criminal Justice System. Thus, this
paper tries to analyze the prevailing legislation in this regard along with the real existing
scenario in Nepal.
Method
The Researcher has prepared this paper with Analytical as well as Case Law Study
Method. For the purpose, information and data are collected from the concerned
Legislations i.e. Domestic Violence (Offence and Punishment) Act, 2009, Textbook,
Journal Articles and Reports from various institutions i.e., INSEC. Additionally, two
landmark cases relating domestic violence decided by the Supreme Court of Nepal have
been purposively referenced.
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Result
An overview of the Legislation
Article 20(3) of the Interim Constitution of Nepal, 2007 provides that no physical,
mental or other form of violence shall be inflicted on any woman, and such an act shall be
punishable by law. Domestic Violence (Offence and Punishment) Act, 2009 is one of the
major significant achievements in criminalizing domestic violence, punishing the offenders
and protecting the victim of domestic violence.
Criminology Perspective
The Act defines domestic violence as an offence punishable by law in a very
comprehensive way which includes any form of physical, mental, sexual and economic
harm and also the acts causing reprimand or emotional harm caused by a person to a
person with whom s/he has family relationship.
Penology Perspective
The Act has provided the punishment from NC3000/- up to 25,000/- fine or 6
months of imprisonment or both for the persons committing the act of domestic violence.
Additional 10 % punishment is awarded to the persons holding the public post if commits
an offence of domestic violence and who repeats the offence. Comment: The amount of
punishment is very low. Even discretionary power can be exercised by judge to fix
punishment. Additionally, punishment approach is not reformative because the person
committing domestic violence even after the completion of the imprisonment may not
realize his/her mistake and can develop the sense of revenge against the victim or
complaining person. It would be dangerous to the victim and perpetrator both.
Victimology Perspective
The Act has defined victim as any person who is, or has been, in a domestic
relationship with the defendant and who alleges to have been subjected to an act of
domestic violence by the perpetrator. Complaint mechanism seems to be liberal since any
person who has reason to believe that an act of domestic violence has been, or is being, or
is likely to be committed, may immediately lodge a written or oral complaint in Police
Office, National Women's Commission or Local body. Victim of the domestic violence
can even directly enter into the court for justice. Additionally, the court can pass various
orders against the perpetrator to provide immediate protection till final decision of the
case, if it seems necessary from the preliminary investigation. Further, the court can order
the perpetrator to compensate the victim on the basis of an act of domestic violence and
degree, the pain suffered by the victim and the economic and social status of the parties.
Comment: the definition is not wide enough as it does not incorporate the persons who are
dependent on the victim. There is no any supervising mechanism to see whether the
perpetrator has obeyed the court order or not. Likewise, it has not provided the measures
in case if victim of an act of domestic violence need long term protection. Similarly, law
62
Domestic Violence
cannot define pain because pain suffered by the victim even within in the family
relationship has zero tolerance and has actually no language to express it at all.
Procedural Aspects
Time limitation is 90 days to lodge the case and its state party case. The cases shall be
heard in close camera proceeding if the victim so requests. However, does not restrict
disclosing the identity of the victim through the means of public media prior to the court
proceedings. Further, disputes can be settled through reconciliation if victim so desires.
However, there is no any mechanism which could observe whether the reconciliation has
been actually executed or not. The case filed under this Act has to be decided within 90
days from the date of the statement made by the respondent which is actually long.
Court's Observation
In the case of Sapana Pradhan Malla and Others, challenged and amended provision of
National Code Number 9 and 9(a) of the Chapter on Marriage which allowed the
husband to have second marriage, if the wife suffered from any incurable contagious
sexual disease or was incurably mad. According to the Court, such grave conditions of
mental and physical disease required to be confronted by the husband and not run away
from his responsibility. Creation of the possibility of another marriage and validation of
the marriage would create domestic violence which had to be stopped (National Judicial
Academy, 2010). In the case of Jyoti Poudel and Others (writ no 064-WO- 0186 of
2064), Supreme Court of Nepal gave an order to establish Fast Track Court for hearing
cases relating to violence against women, especially domestic violence.
Practical Scenario
Number of the victims, sex and age: in the year 2011, 648 cases of violence against
women were reported among which 272 cases were particularly the event of domestic
violence (INSEC, 2012). All victims are female and (18- 30) age group are found highest.
Causes of domestic violence: patriarchal norms and values, imbalanced social structures,
poverty, illiteracy, male dominance and so on give rise to domestic violence. 13 women
were killed by the family members of the husbands in dowry related crimes in various
places and husbands were often culprit. Likewise, 44 women were killed on the allegation
of disobeying family members, for objecting to the consumption of alcohol by male
members of the family (INSEC, 2012).
Conclusion
This paper must be interpreted with its limitations. Domestic violence is studied from
criminology, penology and victimology perspective. The crime of domestic violence in
Nepal is prevailing in various forms. Despite of constitutional and legal guarantee of right
of women to be free from violence and get legal remedy in case of the violation of the
very right, women are rarely making complaint in formal justice mechanism. Due to very
long formal process, long duration in decision making, lack of effective execution
63
SASCV 2013
mechanism and alike, women are less interested towards criminal justice system.
Additionally, state has failed to establish the Fast Track Court to settle the disputes
involving violence against women, especially domestic violence even after the court's
order. Thus, researcher suggests making necessary amendments in the Act to provide real
justice to the victim of domestic violence on time with establishment of Fast Track Court
or Family Court.
References
Asia Foundation. (2010). Nepal-Preliminary Mapping of Gender Based Violence Retrieved on
25/10/2010 from http://asiafoundation.org/resources/pdfs/GBVMappingNepal.pdf
ISSC. (2012). Human Rights Year Book. (ed.). Kathmandu: Informal Sector Service Center.
NJA. (2010). The Landmark Decisions of the Supreme Court, Nepal on Gender Justice. Lalitpur:
National Judicial Academy.
Sangraula, Y. (2010). Jurisprudence: The Philosophy of Law. (ed.). Bhaktapur: Kathmandu
School of law.
Sangraula, Y. (1998). Violence against Women: Nepal's Situation, Retrieved on 15/08/1998
from http://www.academia.edu/196352/Violence_Against_Women_Nepals_Situation
Siddique, A. (2001). Criminology Problems & Perspectives. (ed.). Lucknow: Eastern Book
Company.
64
11
Crime against market women and reporting practices
in Oyo, Oyo State, Nigeria
Johnson Ayodele
Introduction
There are several difficulties that impinge on the collection of reliable statistics on
criminal activity and victimization in Nigeria (Alemika, 2004). Being a multi-faceted
social challenge, crime has no easy fix. Nevertheless, crime reporting is one of the most
effective public responses to crime issues. Here, the unwillingness of market women to
report crimes or their tendency to underreport them is critical to overcoming the dearth
of data problem. The history of crime and its reporting by women in contemporary
Nigeria has focused essentially on the interactions that occur among the victim, criminal
justice system and the offender. In the quest to discover a great deal about how certain
crimes are and are not reported; the network of social intervention, gender composition of
crime reporters, the twin spectacles of the apprehension and ‘escape’ or ‘release’ of
offenders have stimulated this inquiry.
The effect of crime on market women’s businesses can be devastating for the wider
community in the following regards: it often subjects women traders to repeat
victimisation and disruptive turnover; crime affects their ability to meet their customers’
deadlines, attract new customers and ultimately cause them to face the risk of businesses
closing down and putting local patronage at risk. Business crimes affect profitability; deter
investment and scarce financial resources are drained partly through crime prevention
measures. On the whole, crime is a drain on the economy, inhibiting progress and
damaging competitiveness. It imposes direct and indirect costs on the business, and it is
often the impact of crime, rather than the direct cost, which is most devastating (Robson
and Teague, 2005).
Therefore, any assault on the business sector is therefore an assault on economic
vitality, business stability and social wellbeing of all Nigerians. It is the realisation of this
that makes an inquiry into crime reporting practices of market women an overwhelming
desire. Granted that many market women may be dissatisfied with the outcomes of formal
legal remedies because they ultimately may fail to provide a sense of justice, reporting their
crime experiences to the police as a part of an integrated effort at crime prevention is yet
about the best way that market women can avoid bearing enormously burdensome direct,
personal costs of often unseen but devastating personal effects of crime. However, the
undue exposure of market women to victimization and the attendant underreporting of
their experiences of crime is a serious problem in Nigeria and has become an important
issue for public policy. It is therefore, imperative to provide adequate and timely
SASCV 2013
information about the dynamics of the victimisation of women traders at the various
markets in Oyo town. The only way to achieve this important objective is to stimulate
women traders to form and display structured crime reporting culture in the study area.
Methods
The study location was Oyo town, mostly inhabited by the Yoruba people. The
population for this study essentially comprises female traders aged 18years and above, who
are resident and do their trading in Oyo town. The study randomly selected 210 female
traders at Akesan, Sabo and Mosadoba markets in Oyo town as respondents to copies of a
questionnaire. These markets were selected based on their strategic population of traders,
customers and volume of economic exchange that take place at the markets. The cultural
characteristics of these markets make respondents selected from them quite representative
of the population for the study. Also, five focus group discussions were conducted to
capture the underlying thoughts of market women’s experience of crime, their crime
reporting practices and possible ways of ensuring safer commercial interactions in Oyo
markets. Focus group discussion respondents were selected through purposive sampling
(opinion leaders such as market women leaders, police officers, customers).
Both qualitative (Focus Group Discussions) and quantitative (Questionnaire
Instrument) methods were used for data gathering. Focus group discussants were selected
across different socio-economic backgrounds within the study area. Each of the FGDs
consisted of eight participants. To make the sample size representative of the entire
population of market traders in the study area, three markets were randomly picked from
the markets in Oyo town. From each of the three markets, seventy respondents were
randomly selected to respond to copies of a questionnaire. In all, 200 copies of a
questionnaire were correctly completed, and analysed for the study. From these responses,
information about respondents’ socio-demographic characteristics, exposure to
victimisation and crime reporting practices were captured. Some striking expressions were
used as ethnographic summaries to strengthen and validate quantitative analysis where and
when necessary in this paper.
Findings
From the survey, theft of money is more pronounced as 20 (60.6%) respondents
confirmed that their victimisation involved theft of money, 7 (21.2%) held it involved loss
of food items and 6 (18.2%) said it was moveable economic items at Oyo markets. The
fact that many other informal conflict resolutions structures exist side by side with the
police in Oyo town to which victims could channel their reports account for the spread
revealed by this study. Twenty five (65.8%) reported their victimisation to Town
Associations; 7 (18.4%) directed theirs to traditional rulers and 6 (15.8%) reported to
Oodua People’s Congress (OPC). In spite of the necessity of crime reporting to crime
control, rather than suggesting that police should be reformed, market women 19 (50%)
recommended that the government should invest in mass security education and 19 (50 %)
recommended that voters should elect good leaders to ensure public safety.
66
Crime against market women
Conclusion
Just as a bird cannot fly with one wing, the economic recovery of Nigeria cannot be
actualised by Nigerian men doing business alone while excluding Nigerian women. For
the economic agenda to thrive and meet post-modern expectations of development, it
must be desirably engendered so that it does not, inadvertently, become endangered. It is
in the light of the foregoing that it becomes obvious that the victimisation of market
women and their unwillingness to report their experiences to the police will injure crime
statistics and worsen public safety. The little succour provided by informal social control
mechanisms may also be significantly made insignificant if appropriate steps are not taken
to kindle women traders’ commitment to proactive crime reporting. A secure female
population of traders will almost inevitably engender socially and economically self reliant
families, low matrimonial frictions and stable society. Since security plays a prominent
role in the economic relevance of market women; families should endeavour to build
around these vulnerable economic actors a network of support that does not only protect
them from being well unprotected against victimisation but encourage them to report
crimes to the police. On its part too, government should overhaul agencies of public safety
to make them people driven and command public confidence so that crime reporting will
become a matter of course to all citizens, especially market women.
Recommendations
To reduce crime against market women and kindle the reporting activities of the few
that might affect them in Oyo, the present study recommends first and foremost that
market women should favour a paradigm shift from the mindset that crimes against
businesses are natural costs of doing business and therefore facts of business life.
Alternatively, they should overcome their cultural limitations and begin to disclose crimes
they have been traditionally disinclined to report. To attain this, public policy should
simplify crime reporting procedures to empower women to report crimes against their
varied economic interests and imbibe the culture of business risks insurance so as to enjoy
compensation in times of inevitable victimisation and invest more on crime prevention
strategies for less cost of business crime.
67
12
Security aspects of the elderly woman population:
The role of social forces
Jyothi Vishwanath
Introduction
Globalization68 and urbanization have potently drawn the younger generation, aspiring
brighter futures, away from their native lands and aged parents, towards the large industrial
centres, towns, cities and countries. These urban crystallized centres of economic activity,
witnessing increasing inflow of migrants and massive unemployment, foster a class of
persons with evil intentions of amassing wealth wrongfully by easy means; thereby
constitute breeding grounds for crimes and criminals. The elderly persons especially the
single women pose a soft target for these urban money craving criminals. In their
declining age and health, leading isolated lives due to the unfortunate death of their spouse
and migration of children, they are gripped by the increasing fear of untimely death caused
at the behest of these criminals.
Indian Population – Compostion and Dynamics

Population ageing is a significant emerging world demographic phenomenon.69
According to United Nations Population Division, India’s population aged 60 and above
will reach from 8% in 2010 to 19% in 2050;70 that of 65 and above may increase from 5%
to 14% and those aged 80 and above will triple from 1% to 3%.71 The proportion of
widows aged 60 and above stands higher at 54% as compared to 16% of the widowers.72
68
Globalization denotes a process of integration of an economy with the rest of the world. It refers to integration of
economies across the world particularly through trade, investment and free financial flows of capital, labour and
technology. See Bhumali (2006), pp.1-2 for details; see Loots (2002).
69
United Nations (UN) statistics point towards explosive growth of aged populations across the globe. By 2050,
around 1/3rd i.e., 33% of the people living in the world's most developed countries viz., North America, Western
Europe and parts of Asia will be at least 60 years old, up from less than 12 percent in 1950.
70
India’s 60 and older population is expected to encompass 323 million people. -www.prb.org accessed 7 October
2012 at 1.40 p.m.
71
A steep increase is expected in the number of very old people i.e., above 80 years which is projected to grow by a
factor of 8 to 10 times between 1950 and 2025. -www.krepublishers.com accessed 7 October 2012 at 3.25 p.m.
72
This increase accompanies with it a variety of social, economic, health & security challenges. The stark reality of
the ageing scenario in India is that presently there are 77 million elderly persons & this number is presumed to touch
a staggering 177 million in the next 25 years. This is mainly because life expectancy has increased from 40 years in
1951 to 64 years today. -Prakash, Indira Jai. (1999). Ageing in India, retrieved October 17, 2012 at 10.24 a.m from
http://www.who.int/hpr2/ageing/ageinginindia.pdf.
Security aspects of the elderly women population
Indian elderly population is currently the second largest in the world73 due to many
factors.74
Conceptualisation of Elderly Woman

Gender, an important variable, influences quality of life at all ages. Men outnumber
women at all ages till about 70 years in India. Only in the very old age group, 80 and
above (Dandekar, 1986) women population outnumbers that of men.75 Older lonely and
isolated women are a growing presence in India facing triple jeopardy of age, gender and
poverty.76 Extension of life in later years amounts to extended widowhood for women due
to cultural practice of men marrying younger women and uncommon widow
remarriages.77
Globalization, Urbanization and Crime

By 2025, two-thirds of the humanity will domicile in cities (Narasaiah, 2007a). High
crime rates deciphering in poorer neighbourhoods with higher population density,
deteriorated living conditions and a huge unemployed labour force is a horryfying impact
of globalization and urbanization. Urban tensions manifest through increasing violence
and brutal crimes (Narasaiah, 2007b). Indian urban centres present a pathetic picture of
overcrowding, congestion, slums and deviances (Narasaiah, 2007c), growing gap between
the rich and the working class, forcing a significant economically and socially deprived
human segment turn violent and criminal in nature.78
An industrial society, imbibed with values of competition and achievement, inevitably
involves degradation of the elderly (Brogden & Nijhar, 2000a). The elderly status declines
with the loss of economic power and geographical mobility of younger generation
(Brogden & Nijhar, 2000b), thereby leading to dissolution of extended families and
isolated elderly life. Social isolation, dependency, physical ailments and mental feebleness
makes them more vulnerable to crime (Brogden & Nijhar, 2000c).
Elderly Persons especially Woman as Crime Victims

Frequent murders of the home alone elderly and more particularly, the elderly woman
proves their utter vulnerability to brutal crimes. The 2005-2006 National Family Health
73
Ibid.
74
This population dynamics & demographic transition in the Indian population structure is the combined impact of
increasing life expectancy, rapidly declining fertility, mortality & morbidity rates, an overall improvement of the
quality of life, better knowledge of preventive & curative health care & largely available health services to large
segments of the population.
75
Except among the older population, the ratio of male is higher as compared to that of females in India due to
factors like female feticide, female infanticide, vast number of deadly crimes against woman, maternity mortality &
dowry deaths.
76
Supra n.6.
77
Ibid.
78
Around 60% of the people in the cities in India live in burgeoning, impoverished squatter settlements. See
Narasaiah (2007), p.1 details.
69
SASCV 2013
Survey79 in India found that around 5 % of the Indians aged 60 and above lived alone
while around 14 % of the Indians aged 60 and above lived with only a spouse. Old-age
security for women acquires prominence since women tend to live longer than men.
Currently, Indian women aged 60 can expect to live two more years than their male
counterparts.80 Due to their frailty,81 they become natural victims to the opportunistic
offenders and perpetrators, (Brogden & Nijhar, 2000d) the latter being vile, evil and
callous and mostly family members, caregivers, service providers and neighbours in whom
the elderly have trust.82
Female victims outnumber the male victims.83 It has to be borne in mind that elder
woman population is less exposed to street or public crime as compared to the younger
generation (Brogden & Nijhar, 2000e). They face the risk of physical and sexual abuse,
theft, robbery, hurt, kidnap, pickpocket, cheating, assault, molestations, rape and murders
for property and money. Financial and property frauds and material exploitation too are
common.
Conclusion: Role of Social Forces

For appropriately curbing the crimes against elderly woman with heavy hand and
assuring them proper protection, the legislators, society, neighbours, police and judiciary
all need to join hands and take initiatives in the right direction. A holistic approach, with
particular emphasis on an active and empowered citizenry should be carried out vigorously
to curb criminality and abuse of the elderly women and for making their sunset years truly
a golden age.
References
Bhumali, A. (2006). Globalisation and Human Rights. New Delhi: Serials Publications.
Borgden, Mi., & Nijhar, P. (2000). Crime, Abuse and the Elderly. New Delhi: Lawman
Private Limited.
Narasaiah, M. L. (2007). Urbanisation and Human Rights. New Delhi: Discovery Publishing
House.
79
The National Family Health Survey (NFHS) is a large-scale, multi-round survey conducted in a representative
sample of households throughout India. For details refer http://hetv.org/india/nfhs/index.html accessed October 12,
2012 at 1.59 p.m.
80
www.hsph.harvard.edu accessed October 7, 2012 at 3.04 p.m.
81
The elderly people are viewed as senile, lonely, used-up bodies, rotting away and waiting to die. -Troll, I. and
Smith, J. (1976) “Attachment through the Lifespan”. Human Development, p.2.
82
http://www.newkerala.com/topstory-fullnews-82549.html accessed October 7, 2012 at 11:09 a.m.
83
Gruesome crimes have been committed against senior citizens living in Delhi in the last few years. Overall, 500
murders of senior citizens were committed in Delhi in 2005, 511 in 2004 and 547 in 2002. So far this year,
according to police records, the city and the national capital region (NCR) have already witnessed 18 murders of
elderly couples. In addition, out of the 18 murders last year, 11 took place in south Delhi which is inhabited mostly
by the upper middle class and rich. The motive was mainly robbery, as the police claim the city’s elderly are soft
targets. -Sr.Ctz get hearing Retrieved October 7, 2012 at 3.04 p.m from www.silverinnings.com.
70
13
Law relating to crimes against women under Indian Penal Code
with special reference to Assam
Kasturi Gakul
Women represent the very kernel of human society around which social
transformation must take place. Social progress can be achieved through gender equality
which forms the basis of a just society. However even in the 21st century no country
around the world including India has been able to claim that it has achieved cent percent
gender equality. Gender inequality becomes more apparent in an environment of gender
based violence and crimes against women. Any crime against women is an affront to her
inherent dignity and is an impediment to the achievement of equality, justice and peace.
The Universal Declaration of Human Rights 1948 under Article 1 proclaims that all
human beings are born free and equal in dignity and rights. UDHR also asserts that everyone is
entitled to all the rights and freedoms set forth in UDHR without distinction of any kind
such as race, sex, colour etc. The words ‘all human beings’ and ‘everyone’ include both men and
women. Yet women seem to have been relegated to category of non-humans in many cases
where crimes are committed against them as if women do not deserve respect and dignity
but must be recipient of unwarranted pain, shame and humiliation.
Crimes against women in India are increasing at an alarming rate inspite of Indian
Penal Code (IPC) being in force. The percentage of total IPC crimes in India has
increased from 8.8 in 2007 to 9.4 in 2011as per National Crime Bureau Records (NCBR)
2011. The present paper will primarily analyze the situation of crimes against women
under Indian Penal Code 1860 in Assam.
Objectives of the Paper

1. To identify different crimes against women as incorporated in Indian Penal Code
1860,
2. To analyze the data relating to crimes against women under IPC perpetrated
against women in Assam from 2007 to June 2012,
3. To highlight the causes for increase of crime against women in Assam,
4. To put forward constructive suggestions to bring changes/ amendments in IPC to
safeguard women against victimization, and
5. To give general suggestions for mitigating the crimes against women in Assam.
Methodology
The methodology applied in the present paper is Analytical and Descriptive method.
SASCV 2013
Sources of Data
Both primary and secondary sources have been used. For the purpose of this paper,
data relating to crimes against women under Indian Penal Code (IPC) 1860 in Assam has
been collected from sources such as office of DIG, CID Assam, Assam State Commission
for Women, Guwahati Assam, Assam Human Rights Commission, Assam and some non-
governmental organizations.
Crimes against Women (CAW) under Indian Penal Code (IPC) 1860
Laws relating to women are those enactments which are intended exclusively for
upliftment and protection of dignity and status of women in society. Women in India may
be victim of general crimes such as murder, cheating, robbery, etc, however only those
crimes which are especially perpetrated against women thereby victimizing them are
characterized as ‘Crimes against Women’. Crimes against women in India are broadly
classified under two categories- Crimes under IPC and Crimes under the Special and
Local Laws (SLL).
This paper is confined only to the following crimes against women under IPC – Rape
(Sec.376 IPC), Kidnapping and Abduction (Sec.363-373), Cruelty by Husband (Sec.489-
A), Molestation (Sec.354) including Sexual Harassment (Sec.509) and Dowry Death
(Sec.304B).
Analysis of Data
Table 1 - Crimes Against Women (CAW) Under Indian Penal Code (IPC) in Assam
from the year 2007 to 2011*
Crimes under IPC 2007 2008 2009 2010 2011 Total Percentage
Variation of
2011 over
2010
Rape 1437 1438 1631 1721 2011 8238 16.9
Molestation 789 1268 1389 1611 1446 6503 -10.2
Dowry Death 100 73 159 143 162 637 13.3
Kidnapping and 1471 1613 1906 2486 2998 10474 20.6
Abduction
Cruelty by husband 3000 3410 4335 5189 5745 21679 10.7
Total 6797 7802 9420 11150 12362 47531 10.9
*Source- DIG, Office of CID, Guwahati, Assam
Table 1 depicts an increase in the number of CAW under IPC in Assam from 6797 in
2007 to 12362 in 2011. The total number of CAW reported was 47531. Rape: Increasing
trend in number of rape cases has been observed from 1437 in 2007 to 2011 in 2011. A
substantial increase of 16.9% was recorded in 2011 over 2010. Molestation: Incidents of
molestation in Assam have decreased by 10.2 % in 2011 over 2010. However from 2007
72
Law relating to Crimes against Women
to 2011, cases have increased from 789 to 1446. Kidnapping and Abduction: A substantial
increase of 20.6 % in 2011 over 2010 has been observed in these cases. It has increased
from 1471 in 2007 to 2998 in 2011. Dowry Death: The cases of dowry death have
increased from 100 in 2007 to 162 in 2011. Substantial increase of 13.3% observed in
2011 over 2010. Dowry was hardly heard of being practiced in Assam. Yet the data in
Table 1 clearly indicates that in Assam, dowry is prevalent and demand for dowry coupled
with cruelty by husband has led to many dowry deaths-total of 637 cases from 2007 to
2011. Dowry death comprises a small number of the total number of CAW. However rate
of increase over time in dowry death and cruelty by husband is alarmingly high. This is
conformity with the study done by Sharma and Das (2005) for the time period 1997-2002
in Assam. Cruelty by Husband: Among all CAW under IPC (Table 1) highest number of
cases has been reported under cruelty by husband which was 21679. These cases have
increased from 3000 in 2007 to 5745 in 2011. Substantial increase of 10.7 % in 2011 over
2010. This is in conformity with the findings of Mridula Devi (2009) for the time period
1998 to 2007 in Assam. Cruelty by husband is a commonly occurring atrocity on women
(Medhi, 2005).
Table2 - Number of cases registered under IPC on Crimes Against Women in 2007*
Crimes under Case Registered Case Solved Final Police Investigation
IPC Report
Rape 1437 496 126 815
Kidnapping 1471 301 275 895
Dowry Death 100 20 01 79
Molestation 789 496 198 95
Cruelty by 3000 1088 310 1602
Husband
Total 6797 2401 910 3486
*Source- Assam State Commission for Women (ASCW), Assam
Table 2.1 - Number of cases registered under IPC on Crimes Against Women In
2008*
Crimes under Case Case Solved First Report Police
IPC Registered Investigation
Rape 1437 806 151 480
Kidnapping 1613 523 419 671
Molestation 1368 756 268 344
Cruelty by 3410 1756 503 1151
Husband
Total 7901 3879 1346 2676
* Source- ASCW, Assam
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Table 2.2 - Number of cases registered under IPC on Crimes against Women In 2009*
Rape 1631 835 208 588
Kidnapping 1906 627 683 596
Molestation 1389 713 391 285
Cruelty by 4355 2197 721 1437
Husband
Total 9440 4428 2017 2995
*Source- ASCW, Assam
Table 2.3 - Number of cases registered under IPC on Crimes Against Women (Caw) from
January to May 2010*
Rape 637 285 72 280
Kidnapping 1025 246 257 522
Molestation 593 301 147 145
Cruelty by 2014 808 330 876
Husband
Total 4322 1665 812 1846
An analysis of Table 2, 2.1, 2.2, 2.3 reveals that from 2007 to May 2010 total number
of cases registered relating to CAW under IPC with ASCW was 28460 out which 12373
cases were resolved. Highest number of cases registered was in the year 2009 i.e. 9440.
‘Cruelty by husband’ recorded the highest number which was 12779. The total number of
cases under police investigation was 11003. Investigative Agency has failed to discharge
their duty properly as 51.3% in 2007, 33.9% in 2008, 31% in 2009 cases of CAW were
still pending at the end of these years ,thus delaying the dispensation of justice to victims.
Table 3 - Number of complaints received regarding Crimes Against Women in Assam

th
by ASCW from the year 2007 to 30 June 2012*
Crimes under IPC 2007 2008 2009 2010 2011 2012(30th Total
June)
Rape 04 10 05 04 04 09 36
Dowry/Dowry Death 09 22 05 06 12 12 66
Cruelty by Husband 12 45 25 25 56 57 220
Kidnapping 03 08 04 - 03 04 22
Sexual harassment - - - - - 02 02
Total 28 85 39 35 75 84 346
74
Table 3 depicts that total number of complaints received by ASCW on CAW under
IPC from 2007 to 30th June 2012 was 346. Highest complaints were received with regard
to Cruelty by husband which was 220.
Table 4 - Number of cases relating to Crimes Against Women in Assam received and
disposed of by Assam Human Rights Commission (AHRC) from 2008 to September
2012*
Crimes under IPC 2008 2009 2010 2011 2012 Total Cases
September Disposed
Rape 01 03 - - 01 05 02
Dowry / Dowry 03 03 - - - 06 04
Death
Kidnapping 01 - 01 02 01 05 02
Molestation, Sexual 03 01 - - - 04 04
Harassment
Cruelty by Husband - - - - 01 01 0
Total 8 7 1 2 3 21 12
*Source – AHRC, Assam
Table-4 shows that a total of 21 cases of CAW under IPC were received by AHRC
from 2008 to September 2012 of which 12 cases were disposed.
Causes of Crimes against Women in Assam

Women in Assam enjoy a very good degree of autonomy as compared to their
counterparts in India. However it is sad that as per the latest report of NCBR 2011 Assam
has second highest rate of crime against women at 36.9 during 2011 as compared to 18.9
crime rate at the National level. The NCRB report states that there were 2, 28, 650
incidents of crimes against women in the country out of which Assam registered 11, 503
incidents.
There are a number of causes which are instrumental in increasing crimes against
women in Assam. Insurgency and internal conflicts in Assam have led to army operation
such as ‘Operation Rhino’ which had resulted in rape, murder, molestation of large
number of women (MASS, 1994).
Government indifference coupled with corruption has been the most aggravating cause
of crimes against women in Assam (Dutta, 2012). Most often government orders probes
against culprits of CAW only to appease the public outcry. CCTVs have not been
adequately installed by government of Assam in public places.
Social stigmatization attached to CAW causes the victim ending up as a accused as the
women who speaks out/ complains against their offenders are subjected to public scrutiny
who discuss about her dress, character, why she was out of home etc. Sometimes victims
and their families not do co-operate in police enquiry for fear of social reputation (Medhi,
2005). Some local media also create negative publicity against victims. Intolerance towards
75
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freedom of women to live and move about independently among the so called ‘civilized
men’ and phasing out of moral values are threatening the very fabric of Assamese society.
Male –dominance in the non-tribal Assamese Society has rendered many women silent
restricting them from challenging social values and norms on the pretext that it is only
women who bears the duty to protect her family reputation.
Lethargic and unresponsive-aggressive attitude of police is also matter of concern in
Assam. Their trivialization of CAW and habitual failure to provide timely response and
prompt investigation often discourage women from reporting against crimes. Insufficient
number of women police in Assam as they comprise only 5.3 per cent of entire police
force for 3.11 crore population of Assam (Census of 2011).
Punishment under IPC relating to CAW is not proportionate to the victimization of
the women. It does not act as an effective deterrence as evident from the increase of CAW
in Assam from 2007 to 2012. Stringent penal provisions against offenders can deter others
from perpetrating CAW.
Incidents of CAW in Assam

A minor girl was raped and murdered on 3rd July 2002 in the waiting room of a travel
agency in Assam. Victim’s family went through a horrible ordeal in the quest for justice.
Societal reaction did expedite the action against culprits. In 2007 an Adivasi girl was
stripped naked and assaulted by a mob of men in broad daylight in the very streets of
Guwahati. Late arrival of the police complicated the situation and she ran naked to save
her life. In 2012 she is still fighting for justice. In July 2012 Assam along with the rest of
India watched in horror as a mob of more than fifty men molested a woman of 24 years on
a busy road leading to capital as she came out of a pub at night in Assam. Police arrived
late and government action initiated only after pressure from public and non-
governmental organizations. A girl was gang-raped by army jawans in North Lakhimpur.
The victim died bearing marks of inhuman torture on different parts of her body. Post
mortem blocked by culprits. Assam government offered one lakh rupees which the
victim’s family refused (Devi, 2009).
Constructive suggestions to bring changes/amendments in Indian Penal Code

Provisions under IPC on CAW do not address the psychological trauma, public
humiliation that the victimized women endure.
Rape law under Sec 376 IPC must be amended to address forced penetration of
objects and parts of the body into the vagina and anus, and forced oral or anal intercourse.
Attempt to rape must also be made a criminal offence under IPC. In many judgments, the
Courts have reversed the convictions under Sec 376 to Sec 354. This devalues the pain a
woman suffers at the hands of lustful men. Moreover aggravated forms of rape such as
marital rape should be recognized as a criminal offence punishable with minimum seven
years of imprisonment. Indian law does not permit a girl below 18 years to marry, then
how can IPC have a provision which exempts a man who has intercourse with his wife
76
who is 15 years. Minimum sentence for rape must be increased from 7 to 10 years.
Provision for compensation to victims must be made.
Punishment under Sec. 354 and Sec 509 must be enhanced so as to act as effective
deterrence. Imprisonment of seven years must be imposed.
Law requires that in dowry death cases, cruelty by husband or relatives must be
proved. This provision is not feasible as it is normally very difficult to prove cruelty after
death of victim. Minimum imprisonment for bride burning and dowry death should be
enhanced to life imprisonment or capital punishment in rarest of rare cases. Bail should
not be granted in where wife is burnt.
General Suggestions
• Positive attitudinal changes must be brought about in the society towards victims of
crime. People should realize that emotional support to victims can work as a
panacea for their physiological and psychological trauma. Counselling should be
provided to victims.
• Women must be empowered through education and awareness programmes about
their rights. Provisions of making justice legal system more responsive and
disseminating knowledge on issues of gender sensitization as per National Policy for
Empowerment of Women 2001 must be properly implemented.
• Recommendation of Malimath Committee to establish specialized courts for
dealing with CAW should be implemented. Speedy procedural laws in case of rape
must be brought about for simple and speedy trials. Concerned government must
work in collaboration and co-operation with women, public and civil society to
bring into force constructive and practical reforms in laws, regulations and policies
which are women friendly. Government should take prompt action in combating
CAW and order immediate impartial probes and enquires.
• It is very crucial that woman must break away from shackles of silence and be
responsible for fighting against crimes that threaten their human right to live free
from violence.
• Stringent action must be taken against police who refuse to record First
Information Report in time.
• More women police personnel must be deployed for handling CAW in both in
normal times and also during insurgency or internal conflict situations.
• Police patrolling at all times in public places must be intensified.
• ASCW and AHRC should be given more autonomy and enforcing power to
implement their decisions rather than being only a recommendatory body. Literal
interpretation of law by courts may lead to miscarriage of justice, so the Judiciary
must resort to judicial activism and give liberal and creative interpretation of law.
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Conclusion
Crimes against women can never be justified, but are only condemnable. Humanity
takes a step back with every act of crime. Assam known for its calm public culture is
drawing attention for crimes against women leaving much to be desired for the safety and
security of women. It is hoped that State government initiative in November 2012 in
setting up a women task force-Verangana to deal with CAW and installing CCTVs will
just be the beginning of concerted strategies to be adopted for emancipating women
against victimization. Law must be complimented by social vigilance to bring a wave of
social activism to fight for establishing a peaceful egalitarian society in Assam.
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14
Victims of Battered Relationship in India
Mani Prakash and K. P. Thressiamma
Introduction
From time immemorial, women being a physically weaker sex have been subjected to
violence. The origin of abuse and exploitation has been seen in various religious cultures.
For many years rape, domestic abuse, and other forms of violence against women were
considered to be private matters, best kept silent in the family. Efforts to eliminate such
abuses were deemed futile and when placed against “real issues,” concern with gender
specific violence is often still minimized as trivial84.
Violence against women is increasingly being recognised as a major political, social,
legal, economic and developmental problem. Whether domestic violence operates as
direct physical violence, threat, or intimidation, it perpetuates and promotes hierarchical
gender relations. It is manifested in several forms, but all serve to preserve male control
over resources and power.85
The process to bring about a change in the situation has begun on the legal front. The
law in India provides elaborately for the protection of women against violence and cruelty
in domestic life. There are various provisions in the Constitution and other statutory laws
which give account of special protection to the rights of the women. Yet, a lot need to
change in the social arena. Unless, the society recognises and condemns strongly the
present practices of oppression, it shall be difficult to win a battle against violence only on
basis of law.
This paper seeks to analyse the violence in intimate relationships with special focus to
victims of battered relationships in India, how this assault on women creates a gap in the
administration of justice and what are the legal provisions to bridge this gap, whether the
existing legislations are adequate and proper to deal with the problems of battered women
and what remedies can be suggested to reduce battering of women in Indian Society.
84 Green, D. 1999. Gender Violence in Africa: African Women’s Responses. Macmillan Press, Hampshire
and London.
85 BATTERED WOMEN: A SOCIO-LEGAL PERSPECTIVE OF THEIR EXPERIENCES IN NAIROBI
Tom G. ONDICHO, Center for African Area Studies, Kyoto University, African Study Monographs, 21(1): 35-44,
January 2000.
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Nature of the Problem

Battering of women is transmitted from generation to generation. It is both widespread
and dangerous. It is found in many cultures and religious communities in the world. For
instance, in Mahabharata one sees that ‘Youdhishtira’ pawned his wife as chattel when he
was gambling (indulging in dyootham) with Kauravas.86 A medieval Christian scholar
propagated Rules of Marriage in the late 15th century, which specified:
When you see your wife commit an offense, don’t rush at her with insults and violent
blows...Scold her sharply, bully, and terrify her. And if this doesn’t work...take up a stick and beat
her soundly, for it is better to punish the body and correct the soul than to damage the soul and spare
the body...Then readily beat her, not in rage but out of charity and concern for her soul, so that the
beating will redound to your merit and her good87 (new book).
Koran says “Men have authority over women because Allah had made the one
superior to the other, and because they spend their wealth to maintain them.”88 It is
clear from these instances that the battered women syndrome is not a new one. And it is
not limited to any social and cultural groups in the world.
Usually, battering of women remains hidden and the available information
underestimate the extent of abuse. There are many reasons why all forms of violence
against women including battering go underreported. First is the need to protect the
family privacy and dignity. Because people generally believe that incidents of battering
within intimate relationships undermine a family’s image of public respectability. Second is
the fear of subsequent family aggression in case the incident of battering is reported.
Finally, the legal system’s response towards victims of battered relationship has been
generally ineffective.
Definition of Battered Relationship

Many terms have been used to qualify the act of violence against women including
woman abuse, domestic violence, battering, assault, spouse abuse etc. Domestic violence
against women is most often battering, which has been defined by Campbell and
Humphreys as repeated physical and sexual assault by an intimate partner within a context
of coercive control.89 Article 2 of the Declaration on the Elimination of Violence against
Women provides that ‘...Violence against women shall be understood to encompass, but
not limited to, inter alia,
(a) Physical, sexual and psychological violence occurring in the family including
battering, sexual abuse of the female children in the household, dowry-related violence,
marital rape, female genital mutilation and other traditional practices, harmful to women,
non-spousal violence and violence related to exploitation.
86 Nair G.Rajasekharan, 2011., Gender Justice: Under Indian Criminal Justice system, Eastern Law House, New
Delhi. P-22
87 Domestic violence law- a comprehensive overview of cases and resources by Nancy K.D. Lemon, Audir and
Winfield Publishers of legal commentary published in 1996.
88 Supra P-25
89 Arriaga B. Ximena & Oskamp Stuart, 1999. Violence in intimate relationships, Sage Pub. London p-165
80
Victims of Battered relationships in India
In India, the Protection of Women from Domestic Violence Act 2005 recognises
battering of women even though the word ‘battered women’ is not used in the Act.
Under this Act, Domestic violence means and includes, inter alia; “causing hurt, injury or
danger to life, limb, health, safety or well being whether mental or physical.
Further the term cruelty defined in the Code of Criminal Procedure includes “any
conduct, which is likely to drive the woman to commit suicide or to cause grave injury or
danger to life, limb, or health of the woman.90 This definition includes psychological or
physical acts which may cause bodily injury or mental agony.
Who is a Battered woman?

In State v Kelly91, Justice Wilentz noted this definition from a mental health expert,
circa 1984 “Battered woman is one who is repeatedly subjected to any forceful physical or
psychological behaviour by a man in order to coerce her to do something he wants her to
do without concern for her rights. Battered women include wives or women in any form
of intimate relationships with men. Furthermore, in order to be classified as a battered
woman, the couple must go through the battering cycle at least twice. Any woman may
find herself in an abusive relationship with a man once. If it occurs a second time, and she
remains in the situation, she is defined as a battered woman."
Indian Legal System’s response to Battering – Promises and Pitfalls

In India women are subjected to violence and abusive treatment from time
immemorial. All the same there are many legislative measures to protect and safeguard the
inherent dignity and worth of women. The following Constitutional and Statutory
measures are particularly directed towards curbing the violence arising out of battered
relationships.
• Constitution of India guarantees dignity of the individuals irrespective of sex,
religion, race, caste or place of birth. It makes special provisions92for the
upliftment of the status of women.
• The Protection of Women from Domestic Violence Act 2005 is the major
enactment that deals with violence between spouses. It covers all women who are
or who have been in abusive relationship. The Act empowers the Magistrate to
pass ‘protection orders’ in favour of the victim of abuse to prevent the abuser from
subjecting the victim to further violence.
• The main objective of Section 498-A93 is to protect a woman who is being
harassed by her husband or relative of the husband.
• Section 354 of the Indian Penal Code makes an assault or use of criminal force to
any woman with intent to outrage her modesty, a crime.
90 Criminal Law (Second Amendment Act 1983)

91 97 N.J. 178 (1984)
92 Constitution of India 1950. Art 15(3)
93 Criminal Law (Second Amendment) Act of 1983
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• Section 509 of the Indian Penal Code provides for the acts that are intended to
outrage the modesty of a woman. For instance uttering any word, making any
sound or gesture, exhibiting any objects etc.
• Adultery is a most damaging offence that occurs in an intimate relationship. It has
irreparable impact on the psychological health and cause mental agony to women.
Section 494 of the Code make it a crime and provides for punishment.
• Section 113 A and 113 B of the Indian Evidence Act94 and Section 304 B (1)
make a presumption of dowry death where the death of a woman is caused by any
burns or bodily injury or under abnormal circumstances within seven years of
marriage.
An analysis of the above legal provisions reveals that there is no dearth of legislations in
India to deal with the instances of battered relationships effectively. Legislations exist but
seldom implemented or sometime provisions are strict but not adequate. For instance, the
legislative will to eliminate this age old violence is often half-hearted. For even though the
issue is deep rooted and wide spread, there is no specific legislation to deal with it. In
India there is no concept of spousal /marital rape. It is important for the law to
acknowledge that the ‘marital rape’ is a rape notwithstanding the relationship between the
parties.95 Further Section 509 prescribes only a nominal punishment for insulting the
modesty of a woman. Even though both Sections 354 and 509 are aimed at protecting the
woman, they may not be adequate enough to serve the purpose intended by these
provisions. However, the legal system is not a complete solution to battering unless the
problem is equally condoned by the public at large.
Towards the legal road to freedom -Suggestions
9 There is necessity for relook to the provisions in the law relating to the Protection of
Women from Domestic Violence, so as to define crime arising out of battered
relationships clearly.
9 Code of Criminal law needs to be amended to the extent of having a specific section
providing for the punishment for crime arising out of battered relationship.
9 The concept of marital rape needs to be given legal sanctity.
9 The time has ripened to depart from the traditional response to abuse such as
reconciliation of the partners to mandatory arrest and punishment of the batterers by
the police.
9 Media must play an active role in promoting civilised attitude in the society in the
area of violence in intimate relationships.
9 Proper and pro-active response from the law enforcement agencies can deter
violence of battered relationship.
9 Organising women in group to raise a collective voice against the systemic
oppression and torture committed against them.
94 Criminal Law ( Amendment) Act of 1986

95 Supra, see p. 2 at 163
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Victims of Battered relationships in India
Conclusion
The struggle for power and control is at the heart of battering process. It is as old as
civilization. Unfortunately status of women in India is no better as any other in the world.
On one hand we have many legislations to protect women from all forms of violence on
the other hand the laws are neither adequate nor strictly implemented. It is true that the
woman suffer injustices first by the man who promised to love and care for her and second
by our system of justice. In life there is no honor in silent suffering. There is no affection
and comfort to be found in love that is abused. The need of the hour calls for strict
implementation of the existing laws and collective commitment of the public at large to
liberate Indian women from crimes arising out of Battered relationships.
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15
Legal Control of Social Monster of Dowry in India: An Analysis
Manjit Singh Nijjar
Introduction
Dowry is one of the most despicable, detestable and condemnable vice that has been
afflicting Indian society. It has spread its tentacles everywhere, has engulfed every section
or echelon of our society and has eaten away the moral values on which it thrived. The
human greed has reached such irresistible limits that married women are being killed for
not bringing sufficient dowry. The unabated incidents of exploitation, harassment, torture,
suicide and killing of brides for want of dowry are sending shock waves to civilized
society- a repository of human rights and gender justice.
Historical Background and Causes of Dowry

The social and spiritual doctrines have a tremendous impact on the system of dowry
which was generally unknown in early Hindu Society but in rich families some gifts were
given to the bridegroom at the time of marriage. It is only in medieval times that we find
the dowry system assuming alarming proportions1 and even remained practiced during
Mughal period2. Even the British rule could not contain this practice inspite of its
disapproval as a social policy. In due course of time, the practice of dowry, which initially
was more or less voluntary, assumed the attributes of coercion, compulsion and force and
more over it also engulfed the traditionally non-dowry practicing communities such as the
Muslims, the Christians, the Parsis, and the Jews.
The problem of dowry is multi factor phenomenon and some of the main causes of it
are Marriage of daughter as moral and social duty of parents, Social security, Arranged
marriages, Marriage within caste and religion, Lack of proper inheritance to girls, Moth
and candle relationship, Materialistic attitude and consumerism, Inferior status of women,
Status symbol, Educational inequality, Economic inequality and unemployment, Role of
black money, Migration toward cities, Rigid divorce laws, Misuse of loan, Imitation and
rotation of money, Lack of proper enforcement of laws etc.
Laws Prohibiting Dowry

Dowry attracted prohibitory legal attention when King Deva Raya II of Vijaynagar3 in
15th century promulgated a fiat prohibiting it in South India. It was followed by Sind Deti
Leti Act, 19394, Bihar Dowry Restraint Act, 19505, Andhra Pradesh Dowry Prohibition
Act, 19586 and at national level Dowry Prohibition Act, 19617 was passed for banishing
this vice through pain of penal law. Besides this new substantive and procedural provisions
were incorporated in the general criminal law and sections 498-A and 304-B were added
Legal control of social monster of Dowry in India
to the IPC 1860 whether cruelty to married women and dowry death were made
cognizable offences. Similarly, section 113-A and 113-B were inserted in the Indian
Evidence Act 1872 to enlarge the scope of section 306 of the IPC and to raise the
presumption of culpability of husband and his relatives in case of dowry related offences.
On the recommendation of Joint Parliamentary Committee and the Law Commission of
India, The DPA was amended by the DP (Amendment) Act 1984, which made the
provisions of the Act more stringent and effective. The DPA defines the term dowry,
makes penal provisions for giving or taking dowry, penalty for demanding dowry, ban on
advertisement and declaring agreements for giving or taking dowry to be void. If dowry is
given it is to be for the benefit of wife or her heirs. Section-7 makes provisions for
cognizance of dowry offences and under Section-8 such offences are cognizable, non-
bailable and non-compoundable. Section-8A deals with burden of proof in certain cases
and 8-B deals with appointment of Dowry prohibition officers. For the proper
enforcement of the Act rules under Section 9 and 10 of the Act can be framed by Central
or State governments.
Dowry Related Offences

Till 1983, the Indian Penal Code, 1860 did not contain any specific provision to deal
with violence against women within the matrimonial home and particularly dowry related
offences. The guilty husband and in-laws could be prosecuted only under the general
provisions of the Indian Penal Code relating to murder, attempt to commit murder,
abetment to suicide, causing hurt, assault or use of criminal force, outraging the modesty
of a woman, wrongful confinement and causing disappearance of evidence etc. The
Criminal Law (Amendment) Act, 1983 created an entirely new offences hitherto
unknown to criminal law in India. Chapter XX-A entitled, “Of Cruelty By Husband Or
Relatives of Husband” which contains only one Section 498-A, was inserted in IPC to
deal with persistent and grave instances of dowry demands etc and such offence was made
punishable with imprisonment which may extend up to 3 years. Despite the DPA 1961
and Section 498-A these laws could not effectively handle the dowry offences and the
constant increase in the dowry death with shocking revelations attracted the attention of
the concerned persons. On the recommendation of the Law Commission of India the
Parliament in 1986 introduced a new law by the DP (Amendment) Act 1986 relating to
the offence of Dowry Death by inserting a new section 304-B in the IPC. Such dowry
death was made punishable with imprisonment for a term which shall not be less than 7
years but which may extend to imprisonment for life.
Return of Dowry and Criminal Breach of Trust

There are several causes and types of dowry, but in most of the cases, whatever be its
form, it is given for the use and benefit of woman. As the only medium of dowry is wife
and it comes with the wife, so it should remain with the wife and if required, should go
with the wife. In different parts of the country there are customs regarding return of
dowry in case of divorce or estrangement. Such provisions are also under Section 27 of
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the Hindu Marriage Act 1955, Section 42 of the Parsi Marriage and Divorce Act 1936,
Section 8 (1) of the Family Courts Act 1984. Section 6 of the DPA also lays down that
dowry must be held in trust for the wife and must be transferred to her within the
stipulated time. Non-return of dowry has been declared as a criminal breach of trust under
Ss 405 and 406 of the IPC.
Evidence in Dowry Related Offences

In dowry offences the prosecution hardly gets direct evidence and many a times the
case is based on dying declaration, circumstantial evidence, or evidence of neighbors. The
Indian Evidence Act 1872, which was not of any appreciable help to the prosecution till
1983, was amended along with DPA to create presumptions regarding cruelty, harassment
and dowry death. Section 8-A was inserted in the DPA and Sections 113-A and 113-B
were added in the Indian Evidence Act to achieve the desired results.
Role of Enforcement Agencies

Law without enforcement is no law at all. In the context of the dowry related offences,
the police, prosecutors, dowry prohibition officers and non-governmental voluntary
organizations have been assigned specific roles for enforcement of the law and assist the
court in bringing the guilty to book. Role of police is very important to prevent dowry
crime, bring the offenders to justice, filing of FIR, investigating the crime, recording
dying declarations, examination of witnesses, preparation of charge sheet, inquiry into the
un-natural death etc. Prosecutors and DPOs play very important role at different stages of
prosecutions. Role of lower judiciary is particularly to take cognizance of the offence,
granting bail and sending the offender on remand. Similarly higher judiciary plays an
important role in interpreting the provisions of dowry prohibition law according to the
changed social scenario to provide justice to the helpless dowry victims. The sentence in
dowry related offences can be death, life imprisonment, imprisonment or fine.
Dowry Offences and Indian Judiciary

Indian higher judiciary has discussed different facets of dowry issue in the following
important judgments:
• Shobha Rani v Madhukar Reddy AIR1988 SC 121
• State of West Bengal v Orilal Jaiswal AIR 1994 SC 1418
• Lichamadevi v State of Rajasthan AIR1988 SC 1785
• Pratibha Rani v Suraj Kumar AIR 1988 SC 628
• State v Laxman Kumar AIR 1986 SC 250
• State of Uttar Pradesh v Ashok Kumar AIR 1992 SC840
• Shanti v State of Haryana AIR 1991 SC 1226
• Appasaheb and Another v State of Maharashtra 2005
• Hiralal v State AIR 2003 SC 2865
• Baldev Singh v State of Punjab AIR 2009 SC 913
86
Legal control of social monster of Dowry in India
• Kanti Lal v State of Rajasthan AIR 2009 SC 2703

• Dasrath v State of Madhya Pradesh (2010)12 SCC 198
• Uday Chakraborty v State of West Bengal AIR 2010 SC 3506
• Vijay Kumar v State (2010)2 SCC 353
• K M Reddy v State of Andhra Pradesh (2011)2 SCC 790
• Bachni Devi v State of Haryana (2011)4 SCC 427
• Ashok Kumar v State of Haryana AIR 2010 SC 2839
• Bansi Lal v State of Haryana AIR 2011 SC 691
• Preeti Gupta v State of Jharkhand AIR 2010 SC 3363
• Lalita Kumari v State of UP AIR 2012 SC 1515
• Sushil Kumar v UOI (2005) 6 SCC 281
Dowry Related Crimes during 2007-2011 and Percentage Variation in 2011 over
2010
Year8 Variation in
Crime 2007 2008 2009 2010 2011 2011 over
Head 2010
Dowry 8093 8172 8383 8391 8618 2.7 %
Death
S-498-A 75,930 81,344 89,546 94,041 99,135 5.4 %
DPA 5623 5555 5650 5182 6619 27.7 %
The officially reported incidents of dowry death have increased from 8093 in 2007 to
8618 in 2011 and the cases of cruelty to married women from 75,930 in 2007 to 99,135
in 2011 and similarly the cases under DPA have risen from 5623 in 2007 to 6619 in 2011
showing a constant alarming increase in all dowry related offences.
Suggestions
Dowry is very serious problem for our society and for its proper handling a multi-
pronged strategy is required and some of the submissions in this regard are as under:
(A) Legal Action

(1) Amendments in the Dowry Prohibition Act 1961
• Proper definition of giver, taker and abettor of dowry offences
• Compulsory registration of marriage with complete list of gifts
• Appointment of Dowry Prohibition Officers
• Statutory ceiling on marriage expenses
• Dowry complaints by friends, NGO’s etc.
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(2) Amendments in the Penal Code and Procedural Laws

• Enlargement of scope of s 498-A IPC and s198-A of Cr PC etc. by
including friends, NGO’s etc. in these sections.
• Efforts to check misuse of dowry prohibition law by liberally invoking
provisions of s 211 of IPC and s 250 of CrPC.
• Clear provisions regarding proper recording of dying declaration
• Post mortem in all cases of unnatural deaths of married women
• Investigation of dowry offences by senior police officials
• Compensatory provisions in s 304-B
• Compounding of dowry offences in exceptional cases
(3) Amendments in other laws

• Demand of dowry as a ground of divorce u/s 14 of HMA1955etc.
• No voting rights to persons convicted for dowry offences
• Application of Coroner’s Act 1871
• Legal aid to dowry victims
• Special courts to decide dowry cases
• Restraint on second marriage
• No remission and B Class facilities to convicts in dowry offences
• Provisions in State and other Civil Service Rules concerning prohibition of
dowry
• Role of banks and other financial institutions
(B) Social Action

• Girl’s education and removal of socio economic inequalities
• 2 ) Role of relatives and neighbors
• 3 ) Role of women’s and other commissions and organizations
• 4 ) Social boycott of dowry offenders
• Publicity and propaganda
• 6 ) Role of political parties
• 7 ) Role of Panchayats and Municipalities
• 8 ) Role of religion
• 9 ) Dowry- less mass marriages etc.
The discussion is ended with the hope that let ancient virtues of Indian Culture
reflecting humanism and human rights pervade entire fabric of the Indian Society and rid
it of its materialistic allurements which weigh humanity in monetary terms. Strong
resurgence of public opinion supported by law should banish devil of dowry from the soil
of saints who provided rich cultural heritage which remains an essence of modern civilized
society committed to respect human rights of all sections of the society especially of the
weaker sex whose protection is the primary responsibility of every member of society.
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16
Female criminality in India: Causes and preventive measures
Mili Kishore Kumar and K. Jaishankar
Introduction
The history of mankind reveals that the woman has been the foundation stone of a
family in particular and society in general. Especially in India, a woman is seen as
preserver of social norms, traditions, customs, morality and family cohesiveness. In present
world a woman has taken up added responsibility of making a mark of her own to have an
identity along with nurturing her family. However, it is sad to see that women’s
achievement is also getting extended towards criminality in the social, cultural, economic
and political milieu of India. Female Criminality in India is at rise along with the increase
in crime against woman. The issue has reached to an alarming level which has compelled
all the socially responsible scholars to focus on root cause of female turning to criminal
activities in larger numbers. Female criminality has been theoretically stated as
complicated; less understood and subject to easy control. The social environment
contributes a lot to the making of women criminals. This paper deals with type of causes
of female criminality emerging due to socio-economic changes and provides
recommendations to prevent women from becoming offenders.
The gravity of the challenge increases manifold when we go through the available data
on crime from the National Crime Records Bureau (NCRB). While women criminals are
still a minority- they comprise only 6.2% (NCRB Crime report 2011) of the criminals
convicted for crimes under IPC (Indian Penal Code). The Crime in India Reports reveal
that the number of females arrested for criminals activities in 2001 were 1,44,608 and this
shot up to1,93,555 in 2011. Also, interestingly, the nature of crimes committed by them
too, is gradually witnessing a sea change- from softer crimes like drug trafficking and
prostitution to heinous crimes as murder. 3439 women were arrested for murder in 2005;
3812 in 2007; 4007 in 2009 and 4443 in 2011 that is an increase from 5.4% in 2005 to
6.3% in 2011 (NCRB figures).
Review of Literature
Female criminality is a part of Criminology that has generally been neglected due to
the low crime rate of women. It is observed that all of the traditional Criminal Justice
theories are theories that were created to explain male criminality. Women make up a
small percentage of offenders. Rising female crime rates make up much less than 10
percent of total crime rate. Thus, both social and monetary resources are spent on the
male crime phenomenon which has a larger impact.
SASCV 2013
Theories of Female Criminality

Most early theories of female criminality focus on individual characteristics
(physiological and psychological) not economic, social or political forces. In the
nineteenth century, Lombroso and Ferrero (1895) wrote a book called, "The Female
Offender". Their theories were based on atavism; a belief that all individuals displaying
anti-social behavior were biological throwbacks. The born female criminal was considered
to have the criminal qualities of men and the worst qualities of women. Frances
Kellor (1873-1952) found very few of Lombroso's findings could be replicated. Instead,
she found the social environment that the criminal came from was an important crime
predictor. Clara "Jean" Weidensall (1900's) found reformatory inmates scored lower on
most tests; they had lower IQs and were more frustrated, unstable, suspicious and
unthinking. Weidensall and Kellor were women but they were too influenced by the
stereotypes of the time and identified women as the breeder of criminals and elevated
criminal women to the status of "social menace". William Isaac Thomas (1863-1947)
extends the biological argument to include psychology, but it was still based on underlying
biological assumptions. He believed that with better socialization into "natural" gender
roles we could eliminate female criminality. Criminologists like Kingsley Davis (1908-
1997) believed that prostitution was a structural necessity; that it served a needed function
in society. Predominant theories such as Thomas (1907) and later, Pollack (1961), believed
that criminality was socially induced rather than biologically inherited. Pollack (1961)
believed, it is the learned behaviour from a very young age that leads girls into a masked
character of female criminality, that is, how it was and still is concealed through under-
reporting and low detection rates of female offenders. He further states, in our male-
dominated culture, women have always been considered strange, secretive and sometimes
dangerous.
Sheldon (1896-1980) and Eleanor (1898-1972) Glueck, in their work Five Hundred
Delinquent Women (1934) identified both social and hereditary (biological) factors of
female offending. They believed both mental instabilities and marginal economic
circumstances contributed to crime. Suggested treatment options included isolation. The
contemporary theorists reject earlier theories based on psychological and physiological
viewpoints. Criminal behavior, as Sutherland and Cressy insisted, is learned through
interaction with other persons. The learning includes both techniques for committing the
crime and a more subjective element- the specific direction of motives, derives,
rationalisations and attitudes. Role theorists like Heidensohn and Hoffmanoffer
explanation of female criminality in terms of social differentiation of gender roles.
Hoffman emphasised that different socialisation given to girls expect them to be non-
violent and do not allow them to learn how to fight and use weapons. It prevents the
women to acquire necessary technical ability or strength for crime. Meda Chesney-Lind
and Lisa Pasko (1997) in their book entitled, The Female Offender: Girls, Women and
Crime, provide a revealing look at how public discomfort with the idea of women as
criminals significantly impacts the treatment received by this offender population. Bhosle
(2009) in her work, Female Crime in India and Theoretical Perspectives of Crime,
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Female criminality in India
examines nature of criminals and trends of female crime and attempts to provide some
theoretical perspectives of female criminality.
The Present study

The purpose of this study is to recognize causes of Female criminality in India and
discuss the preventive measures to bring down the rise in crimes done by women.
Studying the available data, it is observed that along with the increase in total crime rate,
crime committed by women is increasing. The total percentage of female criminals among
the total criminals arrested for committing various crimes in 2001 has risen from 5.4% to
6.2% in 2011. Looking at the figures one would think that it is hardly 0.8% increase in a
decade. However, going into details, it is observed that the nature and severity of crimes
in which women are involved has undergone drastic change. Earlier there were lesser
records of women involving in heinous crimes, however as time passed, women arrested
for much harder and sophisticated crimes is at rise.
Causes of Female Criminality

Causes based on biological viewpoint postulated by early criminologists were baseless
and does not apply to women in India.
Psychological Viewpoint
Women who are not passive and content with their traditional roles as mothers and
wives are maladjusted. Maladjusted women refuse or fail to internalize the values
associated with the role in the society. Women convict\s display emotional instability,
insecurity, rejection or frustration. They would have encountered harsh living conditions,
disappointments in love and a large number of unfortunate experiences which generally
made it difficult for them to face realities of life. Stress is higher for women on average
than for men, primarily due to blocked opportunities, and the conflicting message of
motherhood versus work. Women with lower social status experience higher stress, on
average, than women with higher social status. Women are afraid to express anger because
it could alienate those around them. So they suppress anger and most women cope by
changing anger to guilt, failure, and sadness. Women “bottle up "their feelings until it
finally explodes in lethal violence. Women experiencing peaks of stress are more likely
than men to explode with episodes of extreme uncontrolled violence. Situations that cause
continuous stress and isolation combine with poor coping skills and the over controlled
personality to result in violence.
Sociological Viewpoint
A plethora of writings on sociological viewpoint emerged during the last few decades.
This viewpoint stress upon how social factors lead to a woman turning a criminal. Women
in India, in spite of so much development and awareness face inequality in every phase of
life. Equality for women is not practiced as it is stated in Constitution of India. Due to
facing inequality, women miss most of the opportunities in life which in turn affect her
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financial independence and thus her economic status is lowered. Women in our society
are always expected to understand and adjust according to the world changing around her.
This unequal position of women in society due to social oppression and economic
dependency on men and the state needs to be addressed. In most ways, crimes women
commit are considered to be final outward manifestations of an inner medical imbalance
or social instability.
Feminist/Liberation Theories
When women received social equality, they would also expand their liberation into
illegal activities. With greater access, greater opportunity for crime would follow;
especially financial and white collar crimes like fraud and embezzlement. Women have so
many choices of which they didn't before. The involvement of women in terrorist
activities, smuggling, violence, communal riots etc. witnessed the adoption of
untraditional trends of crime by them, defying all available theories and trends of crime,
because most of these crimes are problems of structural immorality and ethnic affinity.
These explanations do not explain crime situation in India in spite of the fact that in our
country there is a Women's Liberation Movement. This movement is confined to the
urban areas whereas a large number of female criminals in our society come from the rural
areas where women never talk of equal rights with men and there is no breakdown of
sexual inequality.
It therefore, becomes the need of the day to study the problem from fresh angle in
order to understand the phenomenon in its totality- recent trends, etiology, personality
traits and its impact on society. Family tensions or 'under-the-roof culture' (Gibbons,
1976), Self-concept deficiencies and perceptions of lack of opportunity (Datesman et al.,
1975), and Excessive weight or other physical problems (Cowie & et al., 1982) are some
of the causes.
Apart from the above mentioned theories, India has a deep-rooted social stigma of
considering a girl child as burden. This stigma compels women to kill their girl baby in
the womb/ after birth or abandoning/selling off. It compels women to commit crime for
dowry or family honor. Compels women to drag their girl child into the world of flesh
trade or marry off at early age. In turn the victims living in denial and cruel milieu set by
her own, ends up becoming a hardcore criminal. This situation involves a mix of all above
mentioned theories.
Data
In order to understand the rise in Female criminality, it is necessary to see beyond the
percentage of crime committed by female as compared to total crime in a year. When we
observe the percentage, it appears to be very small or insignificant. However, when
referred to the actual figures, one could understand the difference. Below given is the
detailed table of Persons Arrested Under IPC Crimes During 2011, (Crime Head-Wise
and Gender-Wise):
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2011
Percentage To
Sl.No. Crime Head Male Female Total Total
Male Female
1 MURDER 66150 4443 70593 93.7% 6.3%
ATTEMPT TO COMMIT
2 MURDER 72895 3179 76074 95.8% 4.2%
C.H. NOT AMOUNTING
3 MURDER 6928 160 7088 97.7% 2.3%
4 RAPE 28112 766 28878 97.3% 2.7%
KIDNAPPING &
5 ABDUCTION 54956 2527 57483 95.6% 4.4%
6 DACOITY 16758 250 17008 98.5% 1.5%
PREPARATION &
ASSEMBLY FOR
7 DACOITY 11360 19 11379 99.8% 0.2%
8 ROBBERY 35252 294 35546 99.2% 0.8%
9 BURGLARY 66819 1549 68368 97.7% 2.3%
10 THEFT 197401 6806 204207 96.7% 3.3%
11 RIOTS 334525 19461 353986 94.5% 5.5%
CRIMINAL BREACH OF
12 TRUST 23284 760 24044 96.8% 3.2%
13 CHEATING 88147 4717 92864 94.9% 5.1%
14 COUNTERFEITING 2063 67 2130 96.9% 3.1%
15 ARSON 12077 303 12380 97.6% 2.4%
16 HURT 479835 36063 515898 93.0% 7.0%
17 DOWRY DEATHS 19814 4764 24578 80.6% 19.4%
18 MOLESTATION 52069 1698 53767 96.8% 3.2%
19 SEXUAL HARASSMENT 9687 193 9880 98.0% 2.0%
CRUELTY BY HUSBAND
20 AND RELATIVES 139403 41298 180701 77.1% 22.9%
IMPORTATION OF
21 GIRLS 203 18 221 91.9% 8.1%
DEATH DUE TO
22 NEGLIGENCE 90046 267 90313 99.7% 0.3%
23 OTHER IPC CRIMES 1144506 63953 1208459 94.7% 5.3%
TOTAL COGNIZABLE
24 CRIMES UNDER IPC 2952290 193555 3145845 93.8% 6.2%
(NCRB figures)
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Crimes that has highest percentage of female share (2009-2011)

Sl.No. Crime Head 2011 2010 2009
CRUELTY BY HUSBAND
1 AND RELATIVES 22.9% 22.8% 23.7%
2 DOWRY DEATHS 19.4% 21.2% 22.2%
3 IMPORTATION OF GIRLS 8.1% 13.6% 22.4%
4 HURT 7.0% 7.0% 6.9%
5 MURDER 6.3% 6.1% 6.4%
6 RIOTS 5.5% 5.4% 5.6%
Female arrested under IPC harsh crimes in figures (2009-2011)

Sl.No. Crime Head 2011 2010 2009
1 DOWRY DEATHS 4764 4937 5182
2 MURDER 4443 3798 4007
ATTEMPT TO COMMIT
3 MURDER 3179 2921 2748
KIDNAPPING &
4 ABDUCTION 2527 2349 2031
5 MOLESTATION 1698 1557 1280
6 SEXUAL HARASSMENT 193 206 159
Observing two of the above tables, we can understand that women are most arrested
in the domestic violence cases. Be it Cruelty by husband and relatives or dowry deaths,
both has woman harming another woman.
Preventive Measures
Preventive measures for Indian context could be divided under three sub-headings:
Preventive
As one of the very popular proverbs states, ‘Prevention is better than cure’, it is always
wise way to start with prevention even before venturing into correcting what already has
gone wrong. Government of India has already introduced several provisions to fight the
stigma of inequality in our country and generate equal opportunity for women. However,
due to poor implementation of law and plans, condition of women in most the states
remain as it was decades ago.
Women are victimized and crime against women is rising day by day, which in turn
influences female criminality. Under the preventive measures to be taken, Government
should encourage the following:
1. Compulsory Sex education and general awareness classes for women
2. Constructive social action movement to bring in people power to implement law
and plans
3. Pre-marital and post-marital counseling for women and her family, which is must
for women to know her right against crime and induce harmony in family
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4. Treat domestic violence cases harshly to avoid future crimes

5. Law against dowry must be implemented properly
Corrective and supportive

Corrective and supportive measures are a must for women who are dragged in to
criminal activities due to social, political and economic compulsions but are willing to lead
a good life. Women are mostly tagged as 'criminals' not because they had 'criminalist
tendencies' but because their family male members were so tagged. Most of the thefts
committed by women are not the result of psychological or social aberrations but are due
to family and economic compulsions. Women convicted for minor thefts are mainly
housewives who usually lack money to be able to buy things which were later stolen.
Many are cases wherein a woman after completion of her punishment for a crime
committed is not allowed to return to normal and safe life due to societal pressure. For
such women and also for the female criminals spending their term in prisons, proper
counseling, guidance and support should be given to prevent them from going back to
their old life.
Above mentioned measures are being carried out in various prisons, social and
charitable trusts/agencies. However, they are very meager as compared to women who
need a change.
Rehabilitative
Rehabilitation needs ample support from Government to set up institutions for helping
out women who are either victimized or have turned criminals due to unavoidable
circumstances in life. Women arrested in several cases would have played
secondary/supportive roles. Their involvement in the offence is closely tied to woman's
role as a wife. They seem to commit crimes in roles auxiliary to men, in keeping with
their sex roles. Such women need to be adopted by rehabilitation centers’ to train them to
be independent and learn new ways to support themselves financially to lead a life of
content.
Conclusion
Female criminality in India does not show a particular trend or reason. Nor do any of
the above theories sufficiently prove the causes for the crimes committed by female. The
social environment contributes a lot to the making of women criminals. Women who
have been abused, the chances of them taking to crime are high. But in most cases, it is
more to do with the patriarchal society. According to psychologist Bhagat, “Men get
women into crime". It appears that female offenders have lost faith in social system.
Despite constitutional guarantees of equal rights and privileges, women's fate could not be
changed. Discrimination prevails from birth till last breath. Even her education, her
involvement in every work equally is not enough to give any credit to her. The problem
becomes manifold when despite her awareness and ability she is to obey orders of man (in
form of father, brother, husband etc.) of lesser ability. Her own opinion is brutally crushed
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overheard and she is subjected to victimisation because she is a woman. So they end up
taking law in to their hands. Thus, in Indian context it is a must to give women her
deserved space and respect in the society to reduce crime against women and in turn
female criminality.
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17
Violence on women in the name of culture - Emphasis upon
appropriate interpretation of laws relating dowry death
A. Nagarathna and K. Sachidananda
Introduction
Giving and taking dowry is an immemorial traditional practice of not just in India but
also of Bangladesh, Pakistan, Sri Lanka and Nepal. The System of giving valuables to the
daughter in India was in vogue since earlier days and was justified as her pre-mortem
right, since a married daughter was legally incapable of inheriting her father’s property
(Sarkar, 1987) and to accord her economic security. In the ancient texts what went with
the bride was regarded as her Stridhan (Bride’s wealth) and law recognised her absolute
ownership over it to the exclusion of everyone including the husband (Sarkar, 1987).
Crimes on women in the name of culture

The cultural practice of giving and taking dowry in course of time, took form of
crime, victimising women. Violence on women in the ‘name of’ and ‘for’ dowry is on
increase not just in India but in other south Asian countries such as Bangladesh, Nepal,
and Pakistan.
According to a report of National Crime Records Bureau, total of 2,276 female
suicides due to dowry disputes were reported in 2006, that is six a day on an average (Zee
News Bureau Report, 2007). While in 2010, 8391 dowry death cases were reported across
India, meaning a bride was burned every 90 minutes (Bedi, 2012).
Indian Legal Framework – Problems and perspectives

In order to curb this misuse of the cultural practice of dowry, India has passed various
regulatory laws. Indian Penal Code, Criminal Procedure Code and Evidence Act were
amended by the Criminal Law (Second Amendment) Act, 1983 so as to deal with this
menace more effectively.96 These changes were made keeping in mind the alarming
increase in the number of dowry related crimes and the difficulty in investigating such
96 Through this Act, Section 304 B and 498-A were inserted into Indian Penal Code. According to Section 304B, if a married women dies an unnatural death within seven years
from the date of her marriage and if it could be established that soon before her death, she was subjected to cruelty in relation to dowry by her husband or in laws, the law presume
that her husband or such in-laws who subjected her to cruelty caused her death, hence the burden of proving innocence shifts upon such accused. Section 498A deals with cruelty
on women, whether connected with dowry or not. Both offences are cognizable and non-bailable in nature. On the other hand, Section 198A,which is inserted into Criminal
Procedure Code, apart from making the offence non-bailable also empowers the court to take cognizance of the offence either upon a police report, or upon a complaint made by
the aggrieved party or by a woman’s parents, brothers, sister, etc. Section 113-A and 113-B, inserted into the Indian Evidence Act, 1872, provides for presumption of guilt of
‘abetment’ and of ‘causing death’ upon the accused, if a married women commits suicide or dies an unnatural death within seven years from the date of her marriage, upon proof
of certain facts.
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offences as they are often committed within four walls of a home where it is easier to
cause destruction of evidence97.
As the liability under Section 304B read with Section 113 B of Indian Evidence Act
and 307 read with Section 113A of Indian Evidence Act are based on presumption, the
nature of punishment is lesser in comparison to the punishment generally inflicted for
‘causing death’. In a 2010 case, Indian Supreme Court emphasised upon the possibility of
imposing death sentence for dowry death cases. The Supreme Court, expressing serious
concern over dowry death cases, where young women are being killed, said that such
offences are to be treated as the ‘rarest of rare' ones and extreme punishment of death
should be awarded to offenders [J. Venkatesan, 2010]. It is important to understand that
“there is distinction between section 302, 304B and 306 of IPC, if charge is framed under
section 304B, but after recording and appreciation of evidence the case proved to be a
caused under section 302, the charge can be altered and the accused can well be punished
under section 302 and if the court finds that the case under section 302 to be a rarest of
rare cases, then the offender can very well be awarded with capital punishment [Law
Commission of India, 2007]. On the other hand, for a case clearly falling under section
304 B, the Indian Law Commission even though did not recommend death penalty, has
favoured the increasing of the minimum sentence from seven years to ten years in such
cases [indlaw, 2007]. But in practice, provisions relating to culpable homicide are seldom
utilised against offenders even in cases genuinely requiring its application.
In addition to Indian Penal Code, the Dowry Prohibition Act of 1961 prohibits the
giving and taking of dowry. Strangely the Act exempts the application of the law to
“presents which are given at the time of a marriage to the bride or bridegroom (without
any demand having been made) provided that such presents are entered in a list, if such
presents are of a customary nature and its value is not excessive in terms of financial status
of the person giving such presents” (Section 3(2)). It is this exemption which is often
misused by people practicing the system of dowry. Unfortunately, the amendment
proposed by the Ministry of Women and Child Development, instead of taking recourse
to curb the menace has resorted to the ‘monitoring’ path, according to which the list of
gifts, in form of a sworn affidavit, has to be notarized, signed by a protection officer or a
dowry prohibition officer and kept by both the parties, failing this can invite heavy penalty
including a three-year term in jail for not only bride and groom but also their parents
(The Indian Express, Jan 18, 2010).
Interpretation of the term ‘dowry’ is done very narrowly, thus exempting ‘demand
associated crimes from the ambit of dowry related law. Indian Supreme Court in Satbir
Singh v. State of Punjab98, restricted the meaning of the term dowry as “any property or
valuable given or agreed to be given in connection with the marriage” and hence
97 In BHOORA SINGH –V- STATE 1992 ALJ 749

It wasobserved: “such crimes are generally committed in the privacy of residential homes and in secrecy, independent and
direct evidence is not easy to get. This is why the legislature has by introducing Secs. 113A and 113B in the Evidence Act tried to strengthen the prosecution hands by permitting a
presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within seven years of marriage.”
98 AIR 2001 SC 2828
100
Violence on women in the name of culture
exempted “the customary payments in connection with birth of child or other

ceremonies” from legal liability (Supreme Court, 2001)99.
Adding to the above, the problem of misuse of these laws, resulting in ‘legal terrorism’
has raised strong criticisms against such women centric legal approach by men. It is
essential to check the abuse of law with effective measures.
Conclusion
Dowry Death continues to haunt Indian society in spite of special laws existing to
tackle the menace due to various reasons, such as cultural backing to the system, erroneous
interpretations of laws associated with skimpy form of liability.100 It is essential to use
appropriate provisions and make accurate interpretations of such provisions to effectively
deal with crimes committed in the name of the culture of dowry. This requires solutions
to the current problems of misapplication and misinterpretation of laws.
99 Ibid.
100 Liability of offenders under section 304B is lesser serious, for being based on presumption.
101
18
Facets of crimes relating to women and the trend of criminal
justice – The Indian context
N. Ravi
‘A society in which women is not subjected to any discrimination, violence,

exploitation, sexual harassment, etc’, was the goal sought to be achieved when the
founding fathers of the Constitution of India incorporated certain special provisions101 in
favour of and for the benefit women. We have miles to go to see the light of such a
society.
In addition to the socio-economic and educational factors, the biological weakness of a
woman makes her an easy and vulnerable victim to tyranny at the hands of men. “Indian
woman is unjustly treated as unequal by society for the genetic sin of her discriminated
sex”102 Attributing lower status to women in society, thereby dominating over and
discriminating against women, all these have culminated into their regular exploitation and
victimization, further developing into institutional and situational violence against them.
And the outcome is crimes against women which kept changing with time and place,
mindset and techniques.
Crimes of any kind as under the traditional law could be committed against women.
However there are certain crimes which are specific to women contained under several
provisions103 of Indian Penal Code, though not in a separate chapter entitled ‘offences
against women’. Rape, dowry deaths, cruelty and physical and mental torture by husband
and relatives, abduction with ulterior purpose, kidnapping and importation of girls,
molestation and intimidation could be cited as some of the offences which specifically
relate to women. In addition, a number of offences are perpetrated against women in
different forms as identified and dealt with under certain special laws104
The most humiliating aspect of crimes against women is the fact that the status of women in
the hierarchal structure of the society comes in the way of securing justice for her. It is
horrifying that in some of the specific crimes against women, say dowry death, cruelty and
torture, violence is unleashed against women by another women as an abettor, accomplice
101
Articles 14,15,16,19,21,23,39 and 51A of Constitution of India
102
Iyer Krishna.V.R: ‘Humans without Rights’
103
Chapters XVI,XX,XXA, of Indian Penal Code, some important provisions being
Ss.304B,306,354,363,366,366A&B,367,368,372,373,374,375,376,376A,B,C,D,377,405,406,494,497,497A &506.
104
Immoral Traffic (Prevention) Act, Indecent Representation of Women (Prohibition) Act 1986, Medical
Termination of Pregnancy Act 1971, Commission of Sati (Prevention Act)1987, Dowry Prohibition Act, 1961, Child
Marriage Restraint Act Pre-conception and Pre-natal Diagnostic Techniques(Prohibition of Sex Selection) Act
1994, Protection of Women from Domestic Violence Act 2005, Information Technology Act etc.
Facets of crimes relating to women
or as the offender herself. Sexual harassment of a female is a real menace which is on the
increase due to legislative inadequacy and “it is a gender discrimination against women
and is incompatible with the dignity and honour of female”105 Sex determination and
selection and the consequential feticide and infanticide establishes the inferior status of
women. Systematic rape, sexual slavery and forced pregnancy require a particular and
effective response.
How far the set of laws reflect the required change in legislative mind-set over the period
of transformation in view of and in pace with the new demands of time106 and new trends
of crime against women? Does it require a complete refurbishing of the substantive and
procedural laws? Whether the legislations and the legal system under which the criminal
justice is administered are gender-neutral is the oft-raised question.
With regard to rights of persons who get involved in the criminal justice process, made
available107 throughout the process from the very stage of arrest to sentencing and
imprisonment, the law is gender-neutral in the sense that it makes all those rights as available
to a male arrestee, under-trial, accused, convict and a prisoner are available to a female also
and prohibits any discrimination based on sex. In case of women those rights are
furthered under Criminal Procedure Code which emphasizes108 that a woman cannot be
taken to police station for interrogation after sunset, arrest of a women should be done
with the assistance of a women police personnel, search of women arrestee should be done
by a women police adhering to high degree of decency and not affecting the dignity of
women.
The problem is the way in which crimes against women, the victims and women
accused of offences have been dealt within the criminal justice system. The social status of
woman compounds her gender justice. For the victims of crimes like rape sexual assault
and exploitation public exposure is most agonizing than the crime inflicted on her. There
has been a lot of criticism regarding the treatment of these victims in the court during
examination. Often necessitates the judicial interpretation to specify norms of appreciation
of evidence in such crimes. For the offence of adultery committed by the husband,
criminal law does not give his wife, certainly affected by his adulterous behavior, the right
to prosecute him.
The Judicial endeavour and contribution, in terms of progressive interpretations, in the
enforcement, promotion and protection of the rights of women, in criminal justice is very
significant. Where there is a legislative vacuum, the Supreme Court took the lead and laid
down a number of guidelines in a plethora of decisions. The landmark rendering in
Vishaka v. State of Rajasthan109, wherein the Court defined “Sexual Harassment”, opened
up the vistas for any woman employee who is subjected to any sexual harassment of any
105
Visaka v. State of Rajasthan, AIR 1997 SC 3011.
106
In the context where women have become more independent, have to step out of the confines of their home to
earn a living, and are being increasingly exposed to non-traditional tasks.
107
Envisaged and protected by the Constitution and Criminal Procedure Code.
108
Sections 41,46(2), 51(2),53(2)
109
AIR 1997 SC 3011.
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kind can take recourse to initiating criminal proceedings, disciplinary action and also seek
compensation from the guilty employer and other persons responsible for the harassment.
As interpreted by the Supreme Court110 the provision of law111 dealing with crime of
adultery is to protect institution of marriage and not woman.
Protecting the right of women under criminal law, the Supreme Court held1122that
when prosecuting for the offence of outraging the modesty of women normally the
testimony of the victim should be accepted and that such testimony should inspire
confidence of the court even if there is absence of any corroboration in the case. The
D.K.Basu113 commandments apply equally to women and a hence the female on arrest
should be provided with such information and vested with such rights as specified by the
Supreme Court. In recognition of the biological differences and special needs of women,
certain rights are specifically related to women are provided, more of them envisaged,
enforced and promoted by judicial renderings114.
In police station there should be provision for keeping the female suspects in a separate
lock-up, not along with male suspects, and should be guarded by female constables. It is
necessary that the interrogatories of a women should be carried our only in the presence
of a woman police. That the arrested female has a right115 to be medically examined should
be informed to her and should be allowed to exercise that if opted. It is a requirement that
the magistrate before whom the female arrestee is produced should enquire whether she
has any complaint of torture in police custody.
The legal system, though sensitive to some of the problems faced by and the issues of
women, as it is observed, takes a paternalistic view of women and women rights. Its
tendency to see women affected by crimes committed against them as victims to be
protected and not as citizens who require rights should thoroughly change. Women
should be shown special treatment wherever they interfere in the system whether as
complainants, victims, accused, witness or inmates of institutions.116 The state shall
endeavor to set up specialized institutions with exclusive jurisdictions for meeting the
needs of women coming in contact with the criminal justice and correctional system. As a
device to enforce and protect women rights, the National Women Commission is vested
with the power, as one of its functions, to inspect or cause to be inspected a jail, remand
home, institution or other place of custody where women are kept as prisoners or
otherwise and to take up with the concerned authorities for remedial actions if found
necessary.
110
Revathy v.Union of India,AIR1988 SC 835.
111
Section 497 of Indian Penal Code
113
State of Tamil Nadu v. Karuppu Swamy and Others1993 1SCC 78
114
D.K.Basu v. State of West Bengal, 1997 Cr.l.J, 743.
115
Sheela Barse v.State of Maharashtra, AIR 1983SC378
15
.Ss. 53 & 54 of Criminal Procedure Code.
116
National Policy for Custodial Justice to Women, as recommended by the Expert Committee on Custodial Justice
104
Facets of crimes relating to women
The legislature and the judiciary should seek to give women a greater control over
their lives. They must be promoted to reach the position that they stand out and resist the
tyranny. Any legislation would have effect only when the mentality and perception of
people about women drastically change. More of awareness campaign for the mass
concerning the menace of violence, torture, harassment, dowry deaths and cruelty should
be taken up by media, state and religious organizations.
105
19
Rape: A study from the perspective of victims in Nepal
Neetij Rai and Bikash Thapa
Introduction
Rape is one of the heinous crimes which have been in almost every society through
ages. Rape, being a combination of illegal sex and violence is a traumatic experience for
the victim (Qadri, 2009). The term “rape” is derived from the Latin term ‘Rapiod’
meaning to seize or take by force (Curzon, 1993). However, over the years its definition
and scope has broadened.
Ballentine’s Law Dictionary defines Rape as having of unlawful carnal knowledge by a
man of a woman, forcibly or against her will (Anderson, 1969). Similarly, Blacks Law
Dictionary has defined rape as an unlawful sexual intercourse without consent after the
perpetrator has substantially impaired his victim by administering, without the victim’s
knowledge or consent, or drugs or intoxication for the purpose of preventing résistance. It
may include sexual intercourse with a person who is unconscious. Marital status is now
usually irrelevant and sometimes so is the gender (Garner, 2011).
Most crime constitutes two parties, namely criminal and victim. But generally, the
criminal justice system has paid the whole attention to the crime and criminal only
(Pradhananga, 2002), while the victim is often neglected.
However, Rape is a lot different from other crimes as it shatters the life of victim and
compels to bear the agony throughout the life. It not only amounts to a brutal attack on
integrity and dignity of women but also unjustifiably disregards her legitimate control over
her body (Vibhute, 2002). It not only is associated with the physical trauma itself, but it
also involves the infliction of immense psychological trauma (Chapman, 2001).
Rape being inhuman offence not only inflicts serious wound against victim’s personal
liberty but also affects the entire society (Curzon, 1993). Mental health professionals agree
that rape is a stressful situation that may have an immediate and disruptive impact on a
victim's emotional and psychological state (Hilberman, 1976).
Rape victims may display feelings of fear, anger, shock, and anxiety in an overt,
hysterical fashion immediately following the attack, or may appear stable, calm, or
subdued (Burgess & Holmstrom, 1974). Recent research shows that a year following the
rape, victims "are more depressed, get lesser enjoyment from their daily lives, report being
more tense and fatigued and report more interpersonal problems" than women who have
not been raped (Ellis, Atkeson & Calhoun, 1981).
Methodology
The research is doctrinal. Researchers have collected data from primary and secondary
sources of data from various journals, websites and books and only focused on the cases
Rape
regarding rape. Researchers have analyzed the adequacy of laws and case laws of Nepal in
the light of the findings of the doctrinal research.
Findings: Nepalese Context

Nepalese Laws
There is no separate Act regarding rape in Nepal. A Chapter on “Rape” is enumerated
in the National Code, 2020 (1963). However, the National Code has been amended 12
times and during the passage of time some amendments has also been in the laws regarding
rape. Nepalese law [Rape, Sec.1] defines rape as- A person is liable for the offence of rape
if he procures sexual intercourse with or without the consent of women under 16 and
without the consent of women above 16.
Explanation
a. Consent obtained by threat, fear, undue influence, fraud, abducting may not be
termed as consent.
b. Consent obtained when one is not in consciousness may not be termed as consent.
c. Even if there is slight penetration, then also it may be termed as rape.
There are some provisions in regard to the victims.

9 Punishment is inflicted as per the age of victim. ( Rape, Sec 3)
9 Additional punishment is inflicted to perpetrators who commit rape to
handicapped or pregnant women. ( Rape, Sec 3a)
9 Provision of Marital Rape. (Rape, Sec 3)
9 The investigation must be conducted where possible by a policewoman, if not
than by policeman in presence of woman social worker. ( Rape, Sec 10a)
9 The hearing must take place in the camera court. ( Rape, Sec 10b)
9 It is state party case and limitation to file a case is 35 days. ( Rape, Sec 11)
9 The woman is entitled to get compensation from the perpetrator as per the
nature of loss she has born. Even if she is dead, her minor children, if any, are
entitled to get compensation. ( Rape, Sec 10)
9 A rape victim has right to abort till 18 weeks if she conceives during the
incidence. ( Homicide, Sec 28b )
9 Any person who rapes or cause to rape with intention to inherit her property is
not entitled to get her inheritance. ( Rape, Sec 9)
Nepalese Practice
In the case of Sapana Pradhan Malla v NG (Nepal Government) (Nepal Kanoon Patrika
{NKP} 2065, P 1458) the court held that since the limitation provided by the Sec 11 of
Rape chapter is insufficient to provide justice to the victim hence, the court issued a
directive in the name of Nepal government to make necessary arrangements regarding the
increase in the limitation of rape.
Similarly, in the case of Triratna Chitrakar v NG (NKP 2066, P 784) it was observed
that keeping in mind the social, psychological, physical, intellectual, economic harm and
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SASCV 2013
other life long impact sustained by the victim the provision of compensation is stated,
hence the victim need not go according to the legal provision of chapter on ‘Punishment’
to obtain her compensation.
Similarly, in the case of NG v Mubarak Mir Musalman (NKP 2067 P 1588) the court
held that harm sustained by the victim is main element to be identified in the case of rape.
Physical, mental and psychological damage is irreparable harm sustained by the victims in
rape cases.
Moreover, in the case of NG v Pawankumar Yadav etal (NKP 2067 P 1802) it was
observed that when both the rapist and victim are children, then if the court only
emphasizes the rights of rapist child then the rights of victim child will be encroached and
would cause havoc in the society. If it is interpreted that the child victim should not be
compensated like the adult victim then that would incite impunity in the society.
Conclusion
Victims are now an integral part of criminological study. Previously they were not
given much importance but now the trend seems to be changing and the importance of
protecting the rights and needs of victims is being realized gradually.
Nepalese law has tried to address all the forms of rape. The punishment system is based on
the age of victim which clearly acknowledges victim as the focal point in the offence of
rape. Moreover additional punishment is inflicted to perpetrators who commit rape to
handicapped or pregnant women. The concept of marital rape, adequate compensation to
victim, is also admirable. However, her psychological trauma may never be healed even
by providing her adequate compensation. Similarly, provision of in-camera hearing and
requirement of women investigating officer to record the victim’s statement is also a
commendable provision to maintain the dignity and privacy of victim.
However, the chapter still needs some more clearance on compensation of the victim.
The law remains silent regarding compensation if an insolvent person commits rape.
Similarly, necessary steps should be enumerated regarding the compensation. Moreover,
enough endeavors have not been done to prevent rape through any awareness campaign
and also the state seems passive in rehabilitation of rape victims.
Thus, rape victims, who suffer lifelong physical, psychological and social agony, are
totally different from any other victim. Hence, they need to be given more priority. Thus,
to protect the rights and interest of rape victim is of paramount importance and the
Nepalese law and Supreme Court seems to have acknowledged the fact. However, there
is always a scope to do more.
References
Anderson, W. S. (1969). Ballentine’s Law Dictionary. (3rd ed.). Sanfransisco: Lawyers
Cooperative Publishing Company.
Burgess, A., & Holmstrom, L. (1974). Rape Trauma Syndrome. Psychiatry, 131.
Chapman, A. J. (2001). Death and Deduction- A Reasoned Approach to Forensic Pathology.
Kathmandu.
108
Rape
Ellis, A., & Calhoun, K. (1981). An assessment of Long-Term Reaction to Rape.

Abnormal Psychology, 90. 263, 266.
Garner, B. A. (9thed.). (2011). Black’s Law Dictionary. USA: West Publishing Co.
Hilbermen. (1976). Rape, The Ultimate Violation of Self. American Journal of Psychiatry.
Pradhanga, R. B. (2062). A Study on Rape Law in Changing Context. Nyadeep, 2.
Kathmandu: Government Attorney Section.
Qadri, S. M. A. (6thed.). (2009). Criminology and Penology. Lucknow: Eastern Book
Company.
Vibhute, K. I. (2002). Victims of Rape and their Right to Live with Dignity and to be
Compensated: Legislative and Judicial Responses in India. In K. D. Gaur. (ed.). (2002).
Criminal law and Criminology. New Delhi: Deep and Deep Publications.
109
20
Organization of human trafficking:
Tea hours at Sri Maha Po district, Prachinburi province,
Thailand
Panassaya Angsuwattananon
Problem on foreign labor migration has long been one of problems existing in Thai
society since the political administration was changed from the absolute monarchy to
democracy, which was a system providing liberty to people. Everybody has an equal
liberty, but may be different in people’s role, duty or social-economic situation, which
was considered as laissez-faire system and was not monopolized by the government. This
administration system therefore attracted foreigners migrating into Thailand for liberty. In
addition, they believed that Thailand was full of fertility of resource, while the culture was
opened widely, and Thai people were friendly and generous. These things therefore
stimulated the foreign labors to enter into Thailand for earning their living or having a
business, although such immigration was illegal.
A problem on transnational human trafficking was an important criminal problem
effecting to the image of Thailand. Since the transnational human trafficking processes
were mainly related with the drug trafficking processes, the operators must be influenced
persons, politicians, police officials, or other public officials, having corruption behavior
together with committing the offences. The offences on the transnational human
trafficking always included sexual abuse, especially with female foreigners who were from
Myanmar, Laos, Cambodia, or other foreign countries such as Russia, Vietnam, and
China. Meanwhile, many Thai women were also seduced and threatened by this
transnational human trafficking to have sex trafficking in overseas. The victims were
seduced by being informed that the job in overseas were maid or babysitter. Besides the
human trafficking process having seducing behavior, they also had both physical and
mental abuse, and forced those women to have sex with customers in order to net with
unreal debts or in order to avoid the physical abuse. The operation of the human
trafficking process affected in the national level since the country where explicitly
contained this kind of offences would be pressed and boycotted by the developed
countries and neighboring countries, including be pressed on economy and other social
measures such as suspending the assistance on knowledge, budget, and human resource
under the reason that Thailand neglected to this issue and had no measure to stop this
transnational human trafficking process.
Organization of Human Trafficking
1. Case study on real events at “Tea House” and “Ting Lee Shop” in Sri Maha
Po District, Prachinburi Province
On April 27, 2011, Mrs. Pavena Hongsakul, the chairperson of the Pavena Foundation
for Children and Women, together with Mr. Prawit Chaibuadaeng, the director of
Eastern Special Center, Department of Special Investigation (DSI), and 30 DSI officials
with special team from Pavena Foundation went to a karaoke restaurant, named Tea
House and Ting Lee Shop, located in the edge of Klongrangkokkwang Road, Ta Toom
Sub-district, Sri Maha Po District, Prachinburi Province, in order to arrest the human
trafficking processes that seduced and forced Lao and Thai young women to be a
prostitute in those places. At the same time, more than 20 Lao girls, aged between 13-17
years old, who were seduced to be in custody and forced to become prostitute, were
released. The spy was disguised to be a customer who wanted to receive the sexual
service, which the service fee included 500 baht for hourly service, and 1,000 baht for a
night service. In this regard, the exhibits of list of victims, and both used and new
condoms were found. Moreover, the cruel behavior of this human trafficking process
were found by forcing the women to have sex with at least 5 customers, but those women
only had one meal per day. In case any women failed to follow the instruction, they were
assaulted their body with no water and no meal. The seduction was processed by Thai
agent who informed those Lao women that he would take them to work in the restaurant
in Thailand, and paid 5,000 baht to their parents. After that, the victims were claimed that
the agent had advanced 10,000 baht for travel expense and operational expense. Those
expenses would be settled by deducting from the wage later. When arriving at the
restaurant, the victims were in custody and were forced to be a prostitute. There were 10
men keeping an eye on them for not running away. However, the victims had never
received any wage. On the other hand, they had only one meal a day and some were
assaulted by being squeezed on their neck, being beaten, or punched. Later, the victims
had requested a customer to notify the police and finally they were released.
After being helped by the officials, the victims of the human trafficking process were
physically and mentally rehabilitated at Baan Kredtrakarn Foundation, Pakkred District,
Nonthaburi Province. To have a conversation and to record the testimony of foreign girls
and women, being victims of the human trafficking process, the actual information
showed that those women and girls didn’t know the meaning of prostitution and they
didn’t know that they had to become a prostitute. They only knew that they would work
at the restaurant or massage shop that they could dress modernly.
2. Theories relating to female foreigners being victims in the human trafficking

process
Strain Theory of Robert Merton said that the social culture determined the culture
goals of people in the society that people should struggle or attempt to obtain in what they
want. However, not everyone that can achieve such social goal, the pressure then
occurred. This pressure had occurred in each individual with different level, but it always
occurred with low-social status or low-classed people. This type of people could not
111
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achieve the goal because they were limited in knowledge, expertise, opportunity, and
effort.
According to Merton’s theory about the anomy, the group reacting to social pressure
was found in 5 modes. In the part of the human trafficking, it was categorized as
innovation mode. The human trafficking group accepted the social goal on accepting the
power in the society being from the richness, but they didn’t see the way to get such
richness under the method accepted by the society. Therefore, to achieve the goal by
human trafficking, which was not accepted by the society and it was in negative way, was
a method to lift up the economic status in order to be accepted by the society. This
method on achieving the gold had refused any norm, value, and morals. Meanwhile, the
goals of foreign women and girls who were victims of the human trafficking was to have a
better life, to help and support their family, and lastly to use their collected money in their
hometown which was in accordance with the social culture. Those women and girls
aimed to the final goal as determined by the society, but the way to achieve it was very
difficult. They therefore lifted up their social status in illegal way or easily being victims of
the human trafficking process.
Rational Choice Theory that Becker (1968) believed that an individual is free to
decide to act illegally and the selection guideline for illegal act depended on satisfaction or
maximum benefit, or comparing between gigantic benefit and penalty. This was because
Thai law had never seriously penalized the human trafficking process.
The human trafficking process saw this benefit more than the penalty when they were
arrested, or they had a confident that their process was assisted by politicians or police
officials or other corrupted officials to be free from any arrest. The human trafficking
process would return those people with some benefit, but the victims were the foreign
women.
According to the information from foreign women aged 20 years old in “Tea House”
and “Ting Lee Shop”, she said that a man bought her a temporary service (30 minutes) for
800 baht per time. She got only 300, while the owner got 500 baht. In case of a night
service, they charged 2,500 baht per night. The woman got only 500 baht, while the
owner got 2,000 baht. In fact, the victims only got the return in figure, but the physical
money was kept at the owner and deducted for debts and additional expenses such as
accommodation and food. Summarily, those women would never get any money.
From the ledger attached by DSI officials, Tea House had monthly income of
3,000,000 baht. After deducting all expenses, total income was about 1,500,000 baht.
Most of expenses included food and accommodation, and for bribing to the corrupted
officials by levels. Ting Lee Shop had monthly income of 2,000,000 baht. After deducting
all expenses, total income was about 1,000,000 baht.
Feminism was a study on sexual orientation towards attitude, knowledge, and existing
belief that woman was devalued. This was a pressure to have a change in gender which
caused the radical feminism. This feminism viewed that the source of female abuse was
from the patriarchic structure because the belief, social value, political role of male having
long been dominant the female role. Such male dominant didn’t mean to dominate
112
individually, but it was the structure itself that dominated. The society gave the value to
things relating to man and patriarchy rather than of woman and feminism.
Patriarchy means a system evaluated the value of men higher than of women. It was an
attitude dominant and influenced in the society. The result was that female must be
disadvantage and was determined her role, in order to respond to the society where a man
was a leader, more than considering on opportunity and progress of women. The women
were getting rid of a chance to develop their ability and expertise. As a result, women
could not lift up their status by having a better chance than men (Teeranat, 1999;48,
referred in Chutarat, 2003: 15). According to the concept on division of different sexual
role of both male and female, Kate Millet (Kate Millet, referred in Waruni, 2002:90)
believed that it was from the following causes.
Woman’s role involved in the experience relating to role of gender and maternity role
only such as being an housewife, looking after and feeding her children. The female
socialization was molded to be weak and to depend on family which was a basic and main
unit of the patriarchic society. The duty of women in the family was segregated by role of
gender which caused men and women having different level. This segregation was clear
until it was accepted by the society as a normal practice.
It was long cultivated that woman was subordinate of man from culture, society, and
being long raised up, to be a prostitute, like a commodity of sexual response of men. The
victims were in custody of 2-3 armed men who had a duty for delivering those women
when being bought for sexual service. The women and girls were forced to have sex in
the specified place. The men would wait until the sexual service finished. To be labeled as
a weak gender caused these women and girls being frightened to run away, or even to
fight for their own freedom.
Labeling Theories aimed to explain the process of creating the idea of people in the
society on the perception towards the offenders or person having deviational behavior. To
label or to condemn can bring up a deviational behavior or illegal behavior. Harvard
Becker (Becker 1963) applied the principle of symbolic interaction for explaining such
deviational behavior that came from the reaction of people in the society. That was groups
of people in the society created the deviational behavior by determining criteria in order
to differentiate the behavior from the value or social norm to be the deviational behavior.
Then, this criterion was used for labeling some types of people and made those people to
be a man outside the society. This can specify the process of social reaction into 3 steps: 1)
criteria determination, 2) criteria implementation, and 3) Labeling some people to be a
man outside the society. Becker believed that the society consisted of many groups of
people and each group had different criteria. Therefore, the observation was why some
groups of people could determine the criteria to be enforced in the society. Becker called
this group of people that “people who controlled the criteria determination” (Moral
Entrepreneurs). Meanwhile, opinion or value of some groups could not be criteria for
behavior determination. Becker said that the process on labeling people to be a man
outside the society was the most important process. Any person who would become a
man outside the society depended on the result of labeling more than the violation of
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criteria. The significant factor was behavior on circumstances which differently enforced
the criteria or law.
In the part of female foreigners who illegally entered into the country for working,
according to the value of middle-classed men in the society, they opined that these
women were illegal labor trying to smuggling into the country. Therefore, to buy the
sexual service with these women was not wrong. The middle-classed men in the society
therefore seemed like a person controlling the power on determining the criteria under
Becker’s theory. No matter the sexual service was voluntary or not, such middle-classed
men were still self-fish to think that their money spending was correct and labeled these
women that deserved to be bought by the man.
3. Cause Analysis in Foreign Women being Victims of Human Trafficking

Process
Social inequality – Foreign women migrating or moving into Thailand were all no
income and no social opportunity (in their country).
The lifestyle of women in Lao society was similar to that in Thai society which was
under the patriarchic society. Women must be ready for responding the patriarchic
emotion. As for the social opportunity, men must have the right to prior get that
opportunity. To be abused and segregated was a pressure to those women and girls to
make a decision to migrate and change their role by taking care of their family, not
working a home without any return. These women tried to lift up their status that they
were not a property of any men and did not depend on the men. This idea may be a
factor being easily seduced to the cycle of the human trafficking.
Poverty had long been a problem and was difficult to solve. The poverty was a strategy
that the human trafficking process used for seducing those women and girls. They lied to
the victims about getting a better life with their own income to support the family, and
the remaining income can be kept for their future.
When Lao entered into the democracy society in 1975, the new ruling government
under the socialist ideologies has applied the centralized economy until 1986. Then it
changed to the liberal economy. After that, Lao government encountered the problems on
environment, society, culture, and fairly income distribution. These reflected that the
change of economic nationalism can lift up the materialism living of people in the city to
be better. Conversely, this created an economic gap between urban and rural society. To
focus on money and power led to the exploration of things important to the society. To
acquire the money must exchange with working. The phenomenon of labor migration
from Lao society with economic collapse to the labor society in the industrial neighboring
countries, especially Thailand, had occurred.
Seduction method - The victims were informed by their friends or persons they knew
suggested or found them a job. This seduction may be conducted by the human
trafficking process itself, starting from their hometown. There were 2 seducing methods in
the human trafficking.
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1st Method: By Agent – In this method, the agent or broker would seduce women or girls
who were interested in and decided to work. Such agent or broker was a respectful person
or person in the family or had close relationship with those women or girls.
2nd Method: By human trafficking process – The human trafficking process would directly
approach to those women or girls by making them to believe and agree that to work in
Thailand can help them to earn more income with easy job and well dressed.
Before those women or girls were seduced to be a prostitute, they lived with their
parents or close relatives in their hometown. When those people influenced them to make
a decision based on believing in the human trafficking group, it was a chance to be a
victim.
It seemed that those women voluntarily migrated to Thailand, but actually the word of
“voluntary” should be understood correctly that they were voluntary to work, not to be a
prostitute.
From the original country to Thailand, the route would pass the border attached to the
south of the northeastern part of Thailand. Ubon Ratchathani Province was a big
gateway, then through Amnajcharoen and Mukdahan Provinces, to the custom house at
Mekong River Basin, which was about more than 1,000 km. The immigrant smuggling
for illegal entering into Thailand can be divided into 3 methods: 1) by food, 2) by boat,
and 3) by car. All methods were full of troublesome, including hiding from police officials,
military officials in both Myanmar and Thailand. They had to encounter poisonous
animals, epidemic disease, or lack of healthy nutrition with no clean water or fresh food.
They may get serious illness and finally die because of suffering from Malaria and Typhus.
Moreover, in order to be worth for labor smuggling, not to be suspected by the officials,
and to disguise themselves, the truck for transporting the foreign labors was adapted. The
foreign labors were limited their seat in that truck and caused them unable to breath.
Some of them lastly died. Those dead men could not help themselves or asked for any
help. In addition, the immigrant smuggling caused those women, girls, or foreign labors to
have the debts which could not negotiate. They only hoped that when they worked they
could release such debts and can create the new life with convenience.
When those foreign women or girls had entered into Thailand, the human trafficking
process would start by distributing them to the entertainment places where desired the
girls or had already booked for those women or girls. The entertainment place was
considered as a high profitable business, although the expense must be paid to the human
trafficking agent, and to the public officials for safeguard. Only small expenses were paid
to those women and girls. From the evidence found in the restaurant, it confirmed that
the restaurant got the operational profit from providing sex service and such return was
huge and worth to commit the offence.
The said return was a good motivation that made the human trafficking process
committed the crime without considering any correctness. The economic theory said that
a person would have a reasonable process of making decision in committing a crime. As
the Rational Choice Theory of Becker (1968), he believed that an individual was free to
make a decision for conducting illegal action. The approach to select committing the
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crime depended on being satisfied or the maximum benefit. When comparing the huge
profit and penalty to be received, Thai law has not yet provided the penalty for the human
trafficking process. The penalty of the human trafficking under Section 52 said that any
person committed an offence on human trafficking shall be imprisoned from 4 - 10 years,
and shall be fined from 80,000 - 200,000 baht. If the offence under the first paragraph
conducted to a person aged more than 15 years old, but not over 18 years old, such person
shall be imprisoned from 6 – 12 years, and shall be fined from 120,000 – 240,000 baht.
If the offence in the first paragraph conducted to a person aged lower than 15 years
old, such person shall be imprisoned from 8-15 years, and shall be fined from 160,000–
300,000 baht. There was no any penalty for the foreign labors that smuggled and illegally
migrated. On the other hand, the law would protect these foreign labors to get the
protection right under the law. If they run away or were seduced to work, they would be
sent back to their country. Except the case the foreign labors committing other offences,
they would be taken the legal proceeding before sending back to their hometown. With
this regard, the human trafficking process seducing the foreign women and girls has still
remained and be widened.
The journey of women or girls to the prostitution cycle started from a karaoke
restaurant, named “Tea House”, with the debts being claimed that their parents were
already got the money. Those women or girls were forced to be a prostitute in order to
earn money and settle the debt. Every girl was controlled in the upper floor and was
locked in the restaurant. If there is any necessary affair which needed to go out, the man
(fancy man) would ride a motorcycle for them and wait until they finished. They were
controlled, threatened, and forced to work to which they didn’t want. These things made
women having a status as a slave or an object, and were tortured by men. They were
suffered physically and mentally.
4. Guideline for Preventing Foreign Women from being a Victim of Human

Trafficking Process
Guideline for preventing foreign women from being a victim of the human trafficking
process must be from the cooperation of every party, including government officials, and
private sectors in order to heal the victims. Meanwhile, people shall be the eyes of the
officials or at least shall not be a person labeling or destroying the dignity of these foreign
women. There were two phases of preventive guideline, which included short-term and
long-term phases.
Short-term preventive guidelines

• To seriously add the measure of laws enforcement and arrestment process for the
human trafficking by undergoing the prostitution with foreign women. This shall
receive the cooperation from government officials and to help the offender shall be
prohibited. In addition, the law must be effective to every offender without
exception.
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• To provide the penalty for the corrupted officials relating to the human trafficking
process in the case of foreign women prostitution. When finishing the arrestment
process, the information about bribery must be followed and penalized the
offenders because the human trafficking process was conducted in the network.
The criminal organization has clearly divided the duty. Therefore, to solve this
problem, the penalty must be provided for the relevant officials.
• To physically and mentally rehabilitation the foreign victims who were seduced. In
the part of victims, they were sent to Baan Kledtrakan in order to recover their
body and mind. At present, the Prevention and Suppression of Human Trafficking
Fund has been established under the Prevention and Suppression of Human
Trafficking Act B.E. 2551. The fund would be raised in order to help the victims
in their health recovery and for the living expenses in a short period.
Long-term preventive guidelines

• To provide knowledge to foreign labors in both Thailand and overseas in order to
protect themselves for not being a victim of the human trafficking process by
coordinating with the neighboring countries. The trick of the human trafficking
process must be disseminated to the society for their acknowledgement and not
being a victim in this criminal.
• Organizations relating to the employment of foreign labors shall be monitored and
provided the proper work to these foreign labors. Such labors must be legal by
registering with the government.
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21
Woman - Peril of her own sect:
A paradigm of human trafficking in Gujarat, India
Pavithran Nambiar and Suhas Nambiar
The study falls under the purview of violence especially the virulent form that is
termed as the structural violence (Galtung, 1969) which is latent or indirect. This covert
form of violence has been institutionalised within the society as part of its prevailing
system of values and beliefs based on caste, slavery, racism or colonialism which
fundamentally violate the dignity and integrity of individual members” (Gurr, 1971).
Human trafficking remains as a modern-day slavery of labour or commercial sex
exploitation – is the largest criminal industry in the world that generates profits in billions
of dollars every year. It is included in the ‘dark figure’ of unreported crimes makes
information difficult to obtain. Keeping all limitations in mind this study tries to bring out
an existing phenomenon – which is enigmatic to society needs loud thinking from various
quarters especially intellectuals, activists, law maintaining agencies, researchers of our
present day globalized society.
Definition
The UN has defined human trafficking “as the recruitment, transfer, harboring or
receipt of persons by threat or use of force” (Kimbely, 2008). Persons are trafficked for
two reasons: labour or sex. In both cases the victims vary in age and sex from state to state
and the labour trafficking victims are often sexually abused also. This is a serious violation
of human rights that occurs within countries, across borders, regions and continents and
thus around the globe.
Trafficking of humans is primarily carried out for variety of purposes such as sexual
exploitation, forced labour, hazardous job, forced marriage, begging maiming, drug
peddling, petty crimes, domestic servitude, organ transplant or child pornography.
Objective
The rationale behind this paper is to analyze the role of woman in perpetrating female
trafficking in Gujarat. Hence the focus is on cases were women involved in crimes against
other women by deceiving them and pushing them into flesh trade. Moreover, instances
in which women forced other women to practice prostitution were also examined.
Methodology
This study basically empirical, tries to find out how far such a phenomenon is rampant
in an economically dynamic state. The exercise began with library work – various
Women – Peril of her own sect
journals, books, dailies, weeklies etc published in India and abroad were referred.
Unfortunately, indigenous works on human trafficking are scarce made the work all the
more difficult.
Secondary data was collected from Police records of three years, i.e., 2010-2012 all
over from Gujarat. After studying the cases to understand the role of woman in
victimizing other women by luring them under false promises and pushing them into flesh
trade. A few minor girls who were victims had been interviewed. On top of that when an
incident of trafficking of minor girl was reported, the researcher personally met the victim
and interviewed her.
Trafficking and Laws

Important laws pertaining to human trafficking in different forms are mentioned here.
Immoral Traffic (Prevention) Act, 1956,
• Sec. 3 (punishment for keeping brothel)
• Sec. 4 (punishment for living on the earnings of prostitution)
• Sec. 5 (procuring, inducing or taking person for prostitution)
• Sec. 5A (recruiting, transporting, transferring, harbouring, or receiving person for
the purpose of prostitution)
• Sec. 6 (detaining persons in premises where prostitution is carried on)
• Sec. 7 (prostitution in or in the vicinity of public place)
• Sec. 9 (seduction of a person in custody)
In addition to this, various sections of Indian Penal Code, Bonded Labour System
(Abolition) Act, Child Labour (Prohibition and Regulation) Act, Juvenile Justice (Care
and Protection of Children) Act, Transplantation of Human Organs Act, Prohibition of
Child Marriage Act, etc. also exist for registering cases relating to trafficking in different
circumstances.
Gujarat Vista: Cases reported under ITPA in Gujarat during the last 10 years is given
below ITPA, 1956:
Year 2003 04 05 06 07 08 09 10 11 2012(till August)

No.of 63 30 41 82 40 46 30 31 27 20
cases
Woman Brothel Owners:

Majority of these cases involve trafficking of women and children from other states to
Gujarat and pushing them into prostitution. Similarly, there were also many incidents in
which women from inside the state were coerced to be a part of flesh trade. A distinctive
factor in all these incidents is that it was the women who played crucial role in trafficking
and forcing other women and girls into this menace, making it a crime by women against
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other women and girls. To illustrate this, some of the ITPA cases registered in 2010,
2011, and 2012 are examined.
A series of raids carried out at different brothels in Ahmedabad in 2010 resulted in the
arrest of 49 agents/pimps and 57 prostitutes (CID Crime records on human trafficking).
The agents/pimps included 28 women who were brothel-owners. These women brought
women and girls (including minor girls) not only from different places of Gujarat, but
from other states like Maharashtra, West Bengal, Jharkhand and Orissa for running their
brothels. These women/girls were given false promises, assured jobs in Ahmedabad, and
once they reached here, they were forced to engage in flesh trade. If anybody objected to
it, they were locked in rooms, tortured mentally and physically, denied food and freedom
to move around. These women brothel-owners belong to different states and were in
different age groups.
Native state of women brothel-owners
Native state of
women brothel- Number
owners
Gujarat 3
Maharashtra 1
West Bengal 20
Jharkhand 1
Orissa 3
Total 28
Age of women brothel-owners
Age of women
brothel-owners (in Number
years)
18 - <23 9
23 - <28 11
28 - <33 5
33 - <38 1
38 – 45 2
Total 28
2011:
As mentioned earlier, 27 cases were registered under ITPA in 2011 in Gujarat. In this
connection, 64 male and 39 female offenders were arrested.7 Out of the 39 female
offenders, 21 women offenders were brothel owners, and they kept women and girls at
their disposal. Age of these woman brothel owners is as given below:
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Women – Peril of her own sect
Age of woman
brothel-owners (in Number
years)
18 - <23 0
23 - <28 1
28 - <33 4
33 - <38 8
38 – 45 6
Above 45 2
Total 21
The arrests were made from all parts of Gujarat like Rajkot, Bhavnagar, Jamnagar,
Ahmedabad, Vadodara, Godhra, Gandhinagar, Junagadh and Surat. Majority (19) of the
woman brothel owners ran their business at their house, one woman ran flesh trade at a
beauty parlour and another at a guest house.
2012:
In 2012, up to August, 20 cases were registered in which 51 males and 31 female
criminals were arrested (ITPA, 1956). Of these female offenders, 18 were running their
own brothels. They used to bring women and girls from all parts of Gujarat and from
other states.
Purpose of the case study

To prove the role of women in enticing and forcing their fellow-beings to sex
trade/practice. For further illustration, five cases of brothel owners and four cases of minor
girls trafficking are given.
Reasons of being perpetrator and victim of sex trade

From the study, role of women is clearly evident. Human trafficking starts with the
abduction or recruitment of a person and it continues with the transportation of the
person from his or her place to another destination and is followed by exploitation
(Richard, 1992).
• The foremost reason is poverty and despairs and leaves their place on promises of
employment.
• Ignorance of the consequences of trafficking.
• Availability of cheap labour.
• Demand for sex
• Organized crime
Impact of trafficking
• Trafficking survivors undergo psychiatric, depressive, psychotic disorders.
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• Depression and suicidal thoughts are common.

• The mental state of survivors includes helplessness, withdrawal, disassociation, self
blame, etc.
• Stigmatized and outcast and facing moral and legal isolation.
• Vulnerable to HIV/AIDS infections, drug addiction and high risk abortions.
Findings of the Study

• Women played crucial role in running brothels, they lured women and girls, and if
needed, forced them to engage in flesh trade.
• Women have significant role in ‘selecting’ girls and trafficking them to Gujarat.
• Women traffickers were known to all the victims’ families.
• They took advantage of poverty of the victims’ families.
• They lured victims’ families through false promises that they could get work for
their wards in Gujarat.
• After bringing girls to Gujarat, they are forced to engage in flesh trade. Those did
not budge were locked in rooms, threatened, beaten and not given food.
• Economically well off women also indulged in girls’ trafficking.
• All these cases involve crime by women against women.
References
CID Crime records on human trafficking.
Galtung, J. (1969). Violence, Peace and Peace Research. Journal of Peace Research, 6. pp.
167-190.
Gurr, T. R. (1971). Why Men Rebel. Princeton: Princeton University Press.
ITPA. (1956). Cases reported under ITPA in Gujarat during the year of 2003-2012.
Immoral Traffic (Prevention) Act, 1956.
ITPA. (1956). Important laws pertaining to human trafficking in different forms in
Immoral Traffic (Prevention) Ac, 1956.
Kimbely, A. M. (2008). The Trafficking of Persons: National and International Responses. New
York: Peter Lang Publishing Inc.
Richard, C. (1992). Terrorism, Drugs and Crime in Europe. Routledge: New Fetter Lane
London ECHP4EE.
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22
Interpersonal crimes against and by women:
An Indian perspective
F. Peter Ladis, Ganeshappa Deshmane and Sujata Tikande
Introduction
“All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a
117
spirit of brotherhood.”
Article 1 of the Universal Declaration of Human Rights has influenced many leading
legal systems of the world against many forms of discrimination on various bases including
sex or gender. The Indian legal system too incorporated this nondiscrimination policy in
its very Constitution to eliminate all forms of discrimination. India has been a traditionally
male dominated society over the history making women to suffer from many social and
economical disabilities. Thus, there arose the need of providing special provisions for the
upliftment of women and got incorporated under Article 15(3) of the Indian Constitution
whereby the State is not prevented from making any special provision for women. To
give effect to this provision various Acts were enacted some of which are remedial in
nature while others are penal.
Women are considered as one of the vulnerable group of people and their vulnerability
has been the reason for crimes being committed on them making them further vulnerable.
The International Community has made several attempts to protect women from the
predominance of male chauvinism. But the problem, as identified by the authors, lies on
the crimes committed against women by women where women are both the victims as
well as the criminals. The authors have made a systematic analysis on this concept and this
research paper is an attempt to show how the judiciary has interpreted such penal statutes.
The object of this study is to contribute certain valuable suggestions whereby strict
interpretation of penal statutes needs reconsideration at modern times to grow with the
growth of humanity.
Jurisprudence of Strict Construction of Penal Statutes

One of the important philosophical principles that the criminal legal system has
incorporated is that even if ninety nine criminals go unpunished one innocent should not
be hanged. This jurisprudential thought has its implications both for good and bad effects
in the society. The good effect is that punishment is not that so easy as the crime has to be
117
Article 1, Universal Declaration of Human Rights, 1948.
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proven beyond reasonable doubt. The bad effect is that the criminal proceedings have
taken years and decades for the final decisions taking the statistics of the pending cases to
new heights. The crime dies with the criminal and so many criminals go unpunished
because of the lengthy procedures to prove the guilty beyond reasonable doubt and this
takes the crime rates high in few societies.
While construing a provision in a penal statute if there appears to be a reasonable
doubt or ambiguity, it shall be resolved in favour of the person who would be liable to the
penalty. If a penal provision reasonably be so interpreted as to avoid the punishment, it
must be so construed. If there can be two reasonable constructions of a penal provision,
the more lenient should be given effect to. Punishment can be meted out to a person only
if the plain words of the penal provision are able to bring that person under its purview.
No extension of meaning of the words is permissible. A penalty cannot be imposed on the
basis that the object of a statute so desired.118
The strict construction of penal statutes can be manifested in the following four ways:
• in the requirement of express language for the creation of an offence;
• in interpreting strictly words setting out the elements of an offence;
• in requiring the fulfillment to the letter of statutory conditions precedent to the
infliction of punishment; and
• In insisting on the strict observance of technical provisions concerning criminal
procedure and jurisdiction.119
On the one hand the above manifestations help to prevent the unnecessary
punishments meted by the innocents. On the other hand many criminals because of want
of proper dispositions go free. Thus, there is a need for change of understanding of such
principles of interpretation when it comes to penal statutes.
An overview of crimes by and against women in India

At the very outlook of the crimes against women gives the impression that commonly
the crimes are committed by men against women. However, a clear analysis ought to be
made not on the number of criminals and crimes but on the average of crimes and the
offenders. In other words, the total number of crimes against women is not the question
but the varieties of crimes meted by women ought to be considered. When such analysis is
done, one can realize that the average of crimes against women by women will exceed
that of men against women.
For example, the common crimes against women by men are rape, adultery,
molestation, domestic violence, etc., whereas there are various other crimes committed
against women in which women play the main role in the crime. Prostitution or human
trafficking of women, dowry death, bride burning, abortion of female foetus, pre-natal
diagnosis, etc., are the crimes where women play the key role being one of the offenders.
118
T. Bhattacharyya, The Interpretation of Statutes, 6th Edition, Central Law Agency, Allahabad, 2006, p. 89.
119
See, Maxwell, Interpretation of Statutes, 12th Edition, pp.239-240.
124
Interpersonal crimes against and by women
The in-charges of the brothels in the major cities of India are the women who have
employed few men as dalal, the middle man, to run prostitution. Such examples of crimes
by and against women can be multiplied. A report on ‘Elder abuse and crime in India’
released by Help Age, India, after the study of nine cities in the country says, “Nationally,
daughter-in-law emerged as the major abuser of the elderly (63.4 per cent) followed by
son (44 per cent) in the year 2011”120
Although the official figures of arrested persons in India during 2011121 indicates more
men than women, study is yet to be conducted to bring out the above mentioned average.
In most of the cases, women are either bailed out or acquitted from their criminal liability
when they are co-offenders for the reasons and privileges enjoyed under Article 15 (3) of
the Constitution of India.
Provisions for the protection of women and their interpretation

Historically Indian women have been enjoying few privileges in the society in spite of
the atrocities meted by them. They are worshipped as deities and cursed as devils;
respected for good fortune and rejected for bad omen. The Indian Judiciary has taken
lenient views to protect the weaker sex or the vulnerable group of people when it comes
to the conflict of rights. However the power vested with the judiciary is to interpret only
and the strict construction has to be given to the penal statutes. When there is an
ambiguity or doubt, the benefit will always go in favour of the accused or the offender
and not in the interest of the victim or the State.122
The following are the few of the enactments in India that have been enacted to protect
the rights of women:
• Dowry Prohibition Act, 1961
• The Immoral Traffic (Prevention) Act, 1956
• The Protection of women from Domestic Violence Act, 2005
• The Indecent representation of Women (Prohibition) Act, 1986
• The Child marriage Restraint Act, 1929
• The medical Termination of Pregnancy Act, 1971
• National Commission for Women Act, 1990
• The Equal Remuneration Act, 1976
In interpreting the penal provisions of these Acts the judiciary is bound to give a strict
interpretation and no objective of the Act has to be construed. Because of such strict
construction, the benefit of doubt goes in favour of the accused who, many at times, is a
woman in this study.123
120
http://www.aimpf.org/now-bahu-assumes-the-role-of-abuser (visited on 02.11.2012)
121
http://ncrb.nic.in/CD-CII2011/additional_tables_cii_2011.htm (visited on 02.11.2012)
122
Kuldep Singh and Anr v. State of Punjab, II (2004) DMC 628; Kans Raj v. State of Punjab, AIR 2000 SC 2324;
Pawan Kumar v. State of Haryana II, AIR 1998 SC 958; Salamat Ali v. State of Bihar, AIR 1995 SC 1863.
123
Refer the above cases of Indian Judiciary: The accused women mostly mother-in-law have been acquitted due to
want of sufficient evidence or witnesses; benefit of doubt has gone in favour of the accused.
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Conclusion and Suggestions

In the light of the above discussion the authors have come to the conclusion that the
principles used for the interpreting the penal statutes have served their purpose to a large
extend. However, when it comes to the fact where the crimes are committed by and
against women, these principles have been found to be inadequate to do justice. The
following are some of the suggestions the authors would like to put forth for the effective
implementation of criminal justice:
• While interpreting the penal statutes where women are the victims and the
criminals, harmonious construction could be practiced as an exemption to the
common principle.
• Jurisprudence of Compensatory Justice must be included in the provisions of the
enactments.
• In the absence of the compensatory provisions, the judiciary should construe the
provisions in such a manner that the victims get adequate compensation. Such
compensation should be recovered from the women offender and from the assets of
her husband or guardian.
• Awareness of the rights of women especially when victimized by women should be
spread as it is done when crime committed by men.
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23
Combating the problem of Trafficking of women for the
purpose of prostitution: Nepalese perspective
Ranjeeta Silwal and Salina Kafle
Introduction
Nepal from the historical times has been under the patriarchal control, and this control
of societal system objectifies women as a sex commodity and takes prostitution as a
traditional occupation of women (Sangraula, 2011). For e.g. the Badi community and
Deuki system along with the practice of sending daughters to serve the ruling class which
also involved sexual works {esp. Nuwakot and Sindhupalchwok district} (Evans &
Bhattarai, 2000). In this context, act of trafficking is simply regarded as the means to
supply the service providers to fulfill the demand of the sex market. The possibility of the
human trafficking is due to the constant demand and the buying and selling of the person
as the commodities. Thus, Sex trafficking is a ‘large scale, highly organized and profitable
international business venture transcending state borders and nationalities of women who
supply the commodity of sex and of men who demand it’ (Bertone, 2000).
The market economy of trafficking consists of certain “Push” factors: Gender
discrimination and the feminization of poverty, social and economic disadvantage
including disturbed and difficult family background like divorce, alcoholism, sexual,
physical and emotional abuse (Sanghera, 2000) contributing to the vulnerability of women
and the “Pull” factor: the demand for the commercial sex. The pimps and the brokers
play a bridging role and turn it into their selfish opportunity of victimizing girls and selling
them for prostitution.
The term ‘trafficking’ is not novel to anybody aware about the proliferating crime
syndicates, especially transnational, looming large and threatening to rapture the very
fabric of human society. Human Trafficking and Transportation (Control) Act (HTTCA)
2064, partially complying with the UN Trafficking Protocol in its Section 4 defines that if
anyone commits acts for selling or purchasing a person for any purpose or use someone
into prostitution, with or without any benefit, extract human organ except otherwise
determined by law, or go for in prostitution that shall be deemed to have been committed
human trafficking. The State Cases Act defines the crime of trafficking in women and girls
as an offence against the state of Nepal.
Methodology
The research is doctrinal. The researcher has collected data from primary and
secondary sources of data from various newspapers, websites and books and only focused
on the cases regarding the trafficking of women for the purpose of prostitution and
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ignored other trafficking related article. The researcher has analyzed the adequacy of laws
and Policies of Nepal in the light of the findings of the doctrinal research.
Findings
In the offence of Human trafficking "Victim" means a person who is sold, transported
or put into prostitution (HTTCA, 2007). The trafficked victim substantial deprivation of
the fundamental rights gets associated with their Right to live with the dignified life.
Every year 20,000 girls are trafficked to India only (Kantipur, 2012). From April 2011-
January 2012, Maiti Nepal only rescued 2,133 girls from being trafficked (Republica,
2012). For rescuing the victim and punishing offenders human trafficking i.e., enjoys extra
territorial jurisdiction (Acharya, 2009)
Trafficking is a crime because of the elements of abuse and the violations that are
committed against women not because of the movement or mobility per se (Sanghera,
2000).
For the restoration, rehabilitation and reintegration to the society different legislative
measures has provided the rights of the victims. Anti- Trafficking law of Nepal has
incorporated several provisions effective to victim which includes:
• The victims are compensated with the fine received from the offender. A court
shall issue order to provide compensation to the victim which shall not be less than
half of the fine levied as punishment to the offender (HTTCA, s. 17(1)).
• Trafficking cases should be tried in-camera court proceedings (HTTCA, s.5).
Further, the act safeguards right to confidentiality of the person who puts written
request to remain unnamed for reporting the offence committed or may be
committed. And respecting the victim's privacy "no one shall publish or broadcast
the real name, photograph or any information which is detrimental to his/her
character"(HTTCA, s. 25). However, some seriousness is required for the
implementation of this provision.
• The burden of proof lies to the defendant. The motion maker does not have to
collect the evidences to prove the guilt. (HTTCA, s. 9).
• NG has been providing financial and technical support to eight rehabilitation
centers established by different organizations. Center manage for the social
rehabilitation and family reconciliation of the person stationed at the Center and
medical treatment and consultation service and facility to the victims.(HTTCA, s.
13)
Different Approaches for Access to justice for victims of Human Trafficking

Prevention Dimension
The establishment of District Committees on Controlling Human Trafficking in all 75
districts in 2009/10 and National Committee on Controlling Human Trafficking
(NCCHT) led by the MOWCSW is another important step that has been made for the
prevention of trafficking.
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Combating the problem of trafficking of women
Protection Dimension
The state mechanism as Nepalese police along with NGO’s and INGO’s have been
monitoring to control crime especially for the control of the laborer for the illegal
migration is essential to protect women and children from the trafficking. The protection
can be carried out in the time of attempt or after the commission of the crime. It cannot
be denied the active involvement of the NGO’s and INGO’s in the field of anti-
trafficking (The Himalayan Times, 2068; Gorkhapatra, 2069). There is no time limitation
for legal remedies and the victims can file the case against traffickers at any time. Thus, the
different approaches can be applied for the restoration of the victim to the society and for
administering justice to them.
Crime Control Approach

The Nepalese legal provisions are more concentrated to the criminals rather than to
the access to the victims. The principle concern of the repressive crime control strategy is
to stop crime, not violation and exploitation of women, whose interests are secondary, or
presumed to be generally served, by stopping the criminals (Pearson, 2001).
Conclusion
There is no authentic government data to state the total number of victims nor are the
traffickers and ways used to deceit the girls. Albeit Nepalese laws use the 'protection',
'prevention' and 'prosecution' method, it oversight the victim's perspective. Furthermore
the laws of Nepal are rather retributive than right based. It cares more about the
punishment to the offender than the right of victim i.e. the laws are not victim centric.
There are many NGO’s/INGO’s and even the government departments functioning
to combat and nullify trafficking from the country and have achieved it to some extent.
Despite that, lack of victim centric laws is the major loophole. Thus, the writers suggest
the government and the responsible authority to amend the laws making it more victims
centric.
References
Acharya, M. P. & Bhattarai G. (2009). Criminal Jurisprudence. (1sted.). Kathmandu:
Authors.
Acharya, M. P. (2000). Criminology. (4thed.). Kathmandu: Ratna Pustak Bhandar.
Aradau, C. (2008). Rethinking Trafficking in Women: Politics out of Security. (1sted.). New
York: Palgrave MacMillan.
Bertone, A. M. (2000). Sexual Trafficking in Women: International Political Economy
and the politics of Sex. Gender Issues, 18.
Cole, A. (2006). Reconceptualising Female Trafficking: The Inhuman Trade in Women,
Cardozo. Journal of Law & Gender, 12.p. 789.
Flowe, M. (2010). The International Market for Trafficking in Persons for the Purpose of
Sexual Exploitation: Analyzing Current Treatment of Supply and Demand. North
Carolina Journal of International Law & Commercial Regulation, 15. p. 669.
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Joshi, S. K. (2010). Human Trafficking in Nepal: Arising concern for all. Kathmandu
University Medical Journal, 8(1). Retrieved on 20th August, 2010, from
http://kmc.academia.edu/Sunil/Papers/176124/Human_trafficking_in_Nepal_A_risin
g_concern_for_all
Judges’ Workshop on Combating Trafficking in Women and Children. (2010).
Kathmandu: National Judicial Academy, Retrieved on 15th August, 2010, from
http://njanepal.org.np/index.php?option=com_rokdownloads&view=file&Itemid=15
9&id=52:judges-workshop-on-combating-trafficking-in-women-and-children
Kara, S. (2009). Sex Trafficking: Inside the Business of Modern Slavery. New York: Columbia
University Press.
Kathmandu School of Law.
McCabe, A. K., & Manian, S. (ed.). (2010). Sex Trafficking, A Global Perspective. Maryland:
Lexington Books.
Sanghera, J., & Kapur, R. (2000). Trafficking in Nepal: Policy Analysis: An Assessment of
Laws and Policies for the Prevention and Control of Trafficking in Nepal. Retrieved
on !0th July, 2000, from
http://asiafoundation.org/resources/pdfs/nepaltraffickingassesment.pdf
Sangraula, Y. (2001). Trafficking of Girls and Women in Nepal. Kathmandu: Kathmandu
School of Law.
Sangraula, Y. (2010). Jurisprudence the Philosophy of Law. (1sted.). Kathmandu:
130
24
Prostitution: Criminalization or victimization of women
Rishab Garg and Ritwik Sneha
Prostitution is an ancient profession which has not seen recession in any era. It is a
crime where a person who earns the monetary benefit is punished and tabooed but the
person who derives an equal pleasure remains untainted. The earliest traces of prostitution
have been found in the Sumerian civilization in Southern Mesopotamia which dates back
to 2400 B.C. (Lemer, 1986). The ancient religious system of "Devadasi", or maidens
dedicated to God, dates back to the 3rd century A.D. (Pande, 2008).
Prostitution in Asia is not a profession its slavery, you cannot escape or leave this
profession, the best way out is to die of AIDS (Mam, 2008). The profession has seen
continuous growth paving its way through trafficking and exploitation of women in the
past few decades. The face of prostitution in Asia has many expressions. It ranges from
women and girls who are tortured, beaten and threatened to offer themselves at the beck
and call of their pimps and customers. The other face is depicted by those women who are
willingly selling their bodies, hidden behind the walls of five star hotels and luxury resorts.
Government of various nations have penalised prostitution to uphold the dignity of
woman as well as put an end to certain allied crimes. These laws have definitely saved
various children, adolescents and women from the trappings of the flesh trade but the
questionable part arises in regard to the deterrent effect of these laws. The business is still
booming under the veil. These laws need change from being penal to rehabilitative in
cases of prostitution as its distinct characteristics separate it from other contemporary
crimes.
The women in prostitution are offenders given that the law penalises this profession.
These women are mostly victims of hormones, circumstances and sometimes of men
(Lacey, 2008). Even if buying and selling is symbiotic most of the times in sex trade, the
psyche of a woman cannot handle the use of their bodies for lascivious purposes for a long
time, thus they fall prey to mental disorders such as lack of trust in people, self abhorrence,
lack of self confidence which acts as a centrifuge pulling them further towards crimes such
as drug abuse, drug peddling and such other minor offences. The female prostitutes are
active objects and are selling their labour power in an open market forgetting the fact that
they are the most vulnerable segment of the wage earners (Rosen, 2011).
The dichotomy in the laws and its sheer ignorance towards the reasons behind the
actual causation of crime is a gruesome problem. The rationale behind every law is
constant that is to deter crime. In the case of prostitution, law and crime does not have a
strong linkage at all. The law is all on papers and does not even reach the periphery of
crime. In the same way, laws of the countries which penalise only the woman for being
involved in sex trade are not deterring the crime. (Geis, 1972) These laws provide a
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pseudo feeling of protection and content in the minds of the citizens who think these laws
will be effective in curbing the crime of sex trade but reality has painted a different
picture.
The 'force' factor behind entering this profession cannot be undermined. The
combination of socio - economic pressures on women throw them into this vicious
profession and though the finality of their act may seem to be voluntary but their choice
was actually inevitable. Poverty, illiteracy, the lack of employment opportunities,
professional skills coupled with the sexual inequality makes an abysmal combination which
pushes women and girls into prostitution.
The victimization of small girls aged between four to ten years who are kidnapped and
sold in the flesh markets. They are taught the skills of this profession at an early age and
are prepared to embrace the profession as their sole career option. (Mam, 2008) In such a
situation, the law makes no distinction between these victims of circumstances and those
who willingly imbibe the essentials of this profession. In the eyes of law both of them are
criminals and hence deserve punishment. These girls when they reach their twenties are
already victim of rape, physical assault, psychological distress, childhood trauma and
posttraumatic stress disorder. (Farley, 2003)
Generalising the punishment in case of prostitution means treating the victim in the
same way as the criminal. There have been cases where young girls have been enticed by
men to run away from home in the name of love, money, fame and later they sold them
to the highest bidders. In such cases, ignorance of the victims is their only crime and the
treatment they get from the law enforcement authorities is for the same. There are various
cases where girls from Nepal were brought to India under the aforementioned influences
and were sold in the red light areas of the cities. In few cases when these girls managed to
run away they were sent back to their brothels by the law enforcement officers. These
girls were denied help from all the four corners then they are blamed for their miseries.
The question which we need to ask ourselves is that are we seriously working towards
eradicating this crime? The apparent answer seems to be negative. From the law to its
enforcement every perspective attached to this crime is stigmatised. The presumption of
guilt on the part of woman, on one point can be considered to be deterrent but it is not
rehabilitative. The practitioners of this profession needs rehabilitation not biased
punishments. Keeping the legal approach apart these women are also victims of the value
system. The woman who sells her body is tainted and marked as a "bad woman" but a
man who enjoys her company is not stigmatised at any step. The phallocentric society has
emanated this unequal status for men and women. Hence, one of the reasons behind
persistence of this crime is the male dominated society. The women are criminalized due
to their lesser bargaining power. They are made accost with the demands of men to
balance the morality of the society.
A categorization among the women captured in this profession is essential to provide
rehabilitation to those who are in need of it. The proper implementation of the laws made
to curb the menace of prostitution needs to distinguish among the women and separate
the victims from those who enter the profession for the perquisites of affluence, out of
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Prostitution
curiosity, due family-related psychological disturbances or rebellion against society and

some incidental causes could be low-paying job or job insecurity.
The Supreme court of India in its positive initiative towards rehabilitation the sex
workers in the landmark judgment of Budhadev Karmaskar vs the State of West Bengal,
stressing on the right to live with dignity guaranteed under Article 21 of the Constitution
of India which circumscribes the prostitute's right to live with dignity held that a five
member panel should be set up to make a list of those sex workers who wished to be
rehabilitated and work towards providing alternative means of livelihood to the sex
workers.
The role of media is immense in educating the public about the victimized women
and acts towards changing the traditionally biased attitude towards prostitutes and handles
the problem in a better way than the government.
References
Farley, M. (2003). Prostitution, Trafficking and Traumatic Stress. New Delhi: The Haworth
Press Inc.
Geis, G. (1972). Not the Law's Business: An Examination of Homosexuality, Abortion,
Prostitution, Narcotics, and Gambling in the United States. United States: National
Institute of Mental Health.
Lacey, N. (2008). Women, Crime and Character. New Delhi: Oxford University Press.
Lener, G. (1986). The creation of Patriarchy. New Delhi: Oxford University Press
Pande, R. (2008). Prostitution and Beyond, An Analysis of sex work in India. New Delhi:
Sage Publications Ltd.
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25
Economic Power of a Mother: The Truth behind the Veil
Ritika Behl
We all are well aware about the fact that a child is prone to various kinds of abuses.
Such abuses can be divided primarily into four heads: emotional abuse, physical abuse,
sexual abuse and neglect. Though apparently neglect and emotional abuse appear to be
similar, the needs of children are different and are even dealt differently in both.
This paper revolves around the emotional child abuse which is suffered by children on
the hands of their working mothers’. There is no exhaustive definition of a working
mother but generally they can be defined as ‘that mother who is juggling her responsibility
towards her career and her motherhood’. It is said the home is the first school for a child
and his mother is the first teacher, the first individual with whom a child starts interacting.
Indeed a mother is the primary role model in every child’s growing years. Thereby it is
also evident that the child is dependent on his mother for his emotional, physical and
psychological wellbeing and development.
Further a child is even hungry for her care and undivided attention, at least during
infancy. Infancy is the stage when a child starts developing. A child’s motor skills change
rapidly during the first two years which require close observation and interaction with the
child. The foundation of Cognitive and Social-emotional development of a child is laid in
the first five years of his life. Care refers to the behaviours and practices of caretakers
(mothers, siblings, fathers, and childcare providers) to provide the food, health care,
stimulation, and emotional support necessary for children’s healthy survival, growth, and
development. Thereby the ‘mother’ is not the lone caretaker of a child. The word
“caretaker” is inclusive of mother, her spouse and family primarily.
Child emotional abuse has been observed as an extreme habitual pattern of hostile or
aggressive parenting which impairs the full development the faculties of a child. It has
been observed by various researchers that many parents who abuse their children were
themselves maltreated as children and this behavioral pattern stems from their childhood
events only. The emotional child abuse can lead to lower IQ and lower educational
achievements besides impairing the moral reasoning of a child including less empathy, less
compliance and less developed conscience. It opens gateways towards criminal tendencies
and various mental problems like depression, anxiety etc.
The available resources are always given extreme importance whenever child
development is an issue. But what many don’t realize is that optimum utilization of
available resources is also another inevitable aspect. Such resources can be divided into
human, economic and organizational resources. Human resources include the caregiver’s
knowledge, education, physical and mental health; and their confidence. Economic
Economic power of a Mother
resources include caregiver’s autonomy, control over available economic resources and
control over time. Organizational resources deal with alternate caregivers, community care
arrangements and emotional support provided to the primary caregiver. These resources
can be optimally utilized at community, district, national and international levels.
Why working mothers’?

Another question which comes to mind is why is it so important for a woman to
work? An economically independent mother is open to more access to resources of care.
The education of woman is a key factor which affects her status, in home and society. It
further affects the kinds of care practices which can be followed by her for the child. The
financial autonomy and decision making power are the key potentials for which it
becomes necessary for a woman to work, especially when she’s deciding to plan a family.
When we understand that we can optimally use limited resources for the best of child we
begin to understand that enhanced care giving would be an indispensable aspect. A child
has to be understood as a product of family and community as a whole. A mother though
responsible; is not the sole responsibility holder with respect to a child.
Here the focus has been on working women because their circumstances themselves
have seeds of emotional abuse. It has been extremely important for the women of 21st
Century to be financially independent and self-reliant. The gravity varies from society to society
but indeed when motherhood has professional growth as its competitor it can definitely lead to
imbalance in certain forms. A working mother is more plausible to be a victim of professional
stress and anxiety, which coupled with inharmonious relations with spouse and/or his
family, can further worsen the matters. Besides the aspect that a mother is a working
woman, crucial role is played by her husband and family. The support which such
alternate caregivers have to provide to the mother and the child starts from the stage of
pregnancy itself and should be extended for an infinite period.
Presence of other factors

Conjointly presence of many other factors like alcohol and drug abuse and domestic
violence can also aggravate the scale of emotional abuse of a child. The emotional security
and trauma suffered by a woman who is affected herself by alcohol/drug abuse or because
of her spouse increases the pressure on her mind whereby the frustration levels rise
impeccably. The wounded mother is more susceptible to be a blamed mother. Such
women many a times suffer from guilt, shame and inadequacy which can interfere with
their parenting skills. They are at a risk of either becoming overprotective towards their
child or neglectful. Many a times they might have been inadequately nurtured themselves.
Adequacy of Indian Laws in dealing with emotional abuse of children

Since India became independent it was required to fight against various plagues of the
society. From the very beginning children and women were made an essential part of the
pathway towards development. Impeccable efforts were made to adhere provisions of
Convention on Civil and Political Rights, and Convention of Economic, Social and
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Cultural Rights, which were ratified in 1979. If we would assay the Five-year plans which
have been undertaken by Indian government since independence we can conclude that
the reforms have rotated around few issues. These issues undeniably were the pivotal steps
towards progress. Such issues were inclusive of health & sanitation, education, nutrition,
child marriage, child labour, child sex ratio etc. The reforms had been directed from
“need based” policies to “right based” policies. However extremely less importance has
been given to the psychological needs, emotional needs and need for care. Though Article
39 of Directive Principles of State Policy is a directive against moral and material
abandonment of children yet no concrete efforts have been undertaken to protect the
children against the emotional abuse.
Various studies have revealed that 83% of the children suffer emotional abuse at the
hands of their parents only and it is equally faced by both the genders. Thereby in a
society where physical abuse is faced by 88.66% of the children and the offenders are
parents only and where sexual abuse if faced by 53.22% of children, certain reformative
policies specifically working on emotional abuse are impending. India ratified the
Convention on Rights of Child in11th December, 1992. Article 19 of the Convention
works as a detriment against abuse and neglect of children but has not been given a
corporeal shape.
Steps required to be undertaken

In many countries around the world uttermost emphasis is given on child protection
against emotional abuse especially at the hand of parents. The majority of programmes
focus on victims or perpetrators of the abuse. Very few emphasize primary prevention
approaches aimed at preventing child abuse and neglect from occurring in the first place.
The variety of solutions which can utilised by a country depends on various factors like
poverty, social capital, education and other factors, specially varied characteristics of
parents.
Family Support Programmes

There have been a high level of development in parental practices and the programmes
which provide family support have been extended extensively. The approach adopted by
such programs generally is to educate parents on various issues of child development and
help them in improving/ enhancing their skills in managing their child’s behavior.
Though most often these programs have been intended to be utilized by those families
where the abuse has already occurred or are under a high risk of such occurrence, it would
be beneficial if proper education and training is provided in this area. Responses to child
abuse and neglect depend on many factors, including the age and developmental level of
the child and the presence of environmental stress factors.
Training and Education

Such training and education should be provided to not just parents but also prospective
parents. In an Asian country, Singapore the parental training starts at secondary level of
136
education itself with the name of “preparation for parenthood” classes. For such families
where child abuse has already occurred there the approach is to prevent any such further
occurrence of abuse and to minimize the effect of the abuse that has already taken place.
For example under the program Wolfe et al, random mother-child pairs were assigned
either to the comparison group. Mothers who had received such training reported fewer
behavioral and adjustment issues with their children. Further it was proved that mothers
who underwent such training had run a lower risk of maltreating their children.
Family visitation
These have been tested to be most beneficial as they help in full utilization of
community resources and help in limiting the risk of youth crime also. During the home
visits, information, support and other services to improve the functioning of the family are
offered. One such program is run in Cape Town, South Africa under the name of ‘Parent
Centre’, home visitors are recruited from the community, trained by the centre and
supervised by professional social workers. Families are visited monthly during the prenatal
period, weekly for the first 2 months after birth, from then on once every 2 weeks up to 2
months of age and then monthly until the baby reaches 6 months. At that time, visits may
continue or be terminated, depending on the supervisor’s assessment. Families may be
referred to other agencies for services where this is felt appropriate.
1. Training for health care professionals

Training the health care professionals to analyse and realise the presence of various
symptoms of emotional abuse whether at health centres or in schools should be
emphasised. The health care professionals should undergo training for the same as there is
no straightforward method of reaching the actual presence of abuse.
2. Legal Remedies
There can be legal systems which can be devised to check the emotional abuse of a
child but since India is a developing country the challenges are aplenty. Therefore the
government at state and central level has to consider various elements before considering
and implementing a legal remedy. Though the stringency of a remedy may vary from state
to state or society to society what should be kept in mind is that it works as a deterrent
more, than a punitive legal principle.
Mandatory and Voluntary Reporting

This sort of reporting has been made a part of legal system by various developing
countries like Israel, Rwanda, and Sri Lanka besides many developed countries like United
States. The reasoning behind the introduction of mandatory reporting laws was that early
detection of abuse would help forestall the occurrence of serious injuries, increase the
safety of victims and foster coordination between legal, health care and service responses.
Various types of voluntary reporting systems exist around the world, in countries such as
Croatia, Japan, Romania and the United Republic of Tanzania. In the Netherlands,
suspected cases of child abuse can be reported voluntarily to one of two separate public
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agencies. Both these bodies exist to protect children from abuse and neglect, and both act
to investigate suspected reports of maltreatment.
Child Protection Services

Child protection service agencies investigate and try to substantiate reports of suspected
child abuse. The initial reports may come from a variety of sources, including health care
personnel, police, teachers and neighbours. If the reports are verified, then the staffs of the
child protection services have to decide on appropriate treatment and referral. Such
decisions are often difficult, since a balance has to be found between various potentially
competing demands – such as the need to protect the child and the wish to keep a family
intact. The services offered to children and families thus vary widely.
Community Based Efforts

Community based efforts may focus one single units like schools or on the whole
community, which can be divided into various sectors for the purpose.
School Based Programmes

Generally the main objective of these programs has been to make children aware about
the sexual abuse. These programmes have further trained the students to recognise
threatening situations and how to communicate to an adult about any such incident. Such
type of programmes can further be designed to help children analyse the presence and
continuance of emotional abuse at home. Children can further be trained and such skills
can be provided to them that they are able to lower the effect of such emotional abuse.
Another important step that can be taken even by school authorities, including teachers, is
that behavioural abnormalities should be duly ascertained.
Prevention and educational campaigns

Widespread prevention and educational campaigns are another approach to reduce
child abuse and neglect. These interventions stem from the belief that increasing awareness
and understanding of the phenomenon among the general population will result in a
lower level of abuse. This could occur directly – with perpetrators recognizing their own
behaviour as abusive and wrong and seeking treatment – or indirectly, with increased
recognition and reporting of abuse either by victims or third parties.
Societal Approaches
Most of the programs primarily deal with the child and the offender but do not address
the root cause of the issue. The main cause can be a variety of factors like poverty,
illiteracy, employment opportunities etc. Further it has been noticed that increasing the
availability and quality of child care, rates of child abuse and neglect can be significantly
reduced. Research from several countries in Western Europe, as well as Canada,
Colombia and parts of Asia and the Pacific, indicates that the availability of high-quality
early childhood programmes may offset social and economic inequalities and improve
child outcomes
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International Treaties
There are various International Treaties and Conventions which directly relate with
child abuse. They have undoubtedly paved the way for various developments in relation
to child rights and protection.
In November 1989, the UN General Assembly adopted the Convention on Rights of Child.
A guiding principle of the Convention is that children are individuals with equal rights
to those of adults. Since children are dependent on adults, though, their views are rarely
taken into account when governments set out policies. The Convention on the Rights of
the Child provides clear standards and obligations for all signatory nations for the
protection of children. The Convention on the Rights of the Child is one of the most
widely ratified of all the international treaties and conventions. Its impact, though, in
protecting children from abuse and neglect has yet to be fully realized.
Recommendations
There are a series of methods and policies which can be devised to prevent and to
minimise the effect of emotional abuse on children. The focus can vary from family and
schools as a unit to community being divided into various sectors. It has to be
implemented in such a format that root cause of the problems can also be averted in some
manner. The initiative has to be taken by and specific efforts for the same have also to be
undertaken by various governments units, researchers, health care and social workers, the
teaching and legal professions, nongovernmental organizations and other groups.
Better assessment and monitoring

Specific efforts have to be taken towards this direction that a proper assessment of such
abuse should be made possible. Every school must have a group of pediatrics who can help
in analysing the development of the children of the school, especially in primary classes,
where the effect of emotional abuse can be most intimidating. A proper investment
mechanism has to be devised by the government to monitor emotional child abuse. It
might consist of collection of case reports, surveys, which can be conducted periodically,
where academic institutions and health care departments can be of immense help and
support. It is essential that systems for responding to child abuse and neglect are in place
and are operational. In the Philippines, for example, private and public hospitals provide
the first line of response to child abuse, followed by the national criminal justice system,
which helps the child in attaining expert help and support at all stages.
Policy Development
Governments should assist local agencies to implement effective protection services for
children. New policies may be needed: a) To ensure a well-trained workforce in this area;
b)To develop responses using a range of disciplines, Doctors, Pediatrics, Sociologist; c) To
provide alternative care placements for children; d) To ensure access to health resources; e)
To provide resources for families.
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Conclusion
Emotional child abuse is a serious global disease which is isn’t biased between
developing and developed countries. Although the developed countries have realised the
pitfalls of such abuse, developing countries are still on the pathway to accept emotional
abuse as a deterrent to their society. Recognition and awareness, although essential
elements for effective prevention, are only parts of the solution. Prevention efforts and
policies must directly address children, their caregivers and the environments in which
they live in order to prevent potential abuse from occurring and to deal effectively with
cases of abuse and neglect that have taken place. The concerted and coordinated efforts of
a whole range of sectors are required here, and public health researchers and practitioners
can play a key role by leading and facilitating the process.
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26
Chhaupadi: Victimizing women of Nepal
Roshi Bhandaree, Binita Pandey, Manisha Rajak and Pramila Pantha
Introduction
Chaupadi Pratha generally prevails in Hindu society of Mid Western and Far Western
region of Nepal. This practice stems from the belief that when a women/ girl have her
periods, the woman is “impure” and could pollute household. This belief stem out from
the myth that Indra was cursed for killing the Brahmins and this curse was transferred to
women as menstruation. Females are forced to stay in the shed for thirteen days during
their first and second menstrual cycle, seven days in their third cycle and four days of
every other menstrual cycle. The practice of Chhaupadi is also followed by woman during
child birth and for up to eleven days after the delivery (Directive Regarding Chhaupadi
Elimination, 2008). Even their babies are sent to live in these sheds with their mother.
The shed is called Chhaupadi Goth, which has a dreadful living condition with temperature
drop up to freezing zero.
The women and infants are exposed to various infections and long-term ailments.
Even if the lady dies there, the society doesn’t allow the family to bring the dead body
near the house. Every year, newspapers report stories of women raped, killed by wild
animals, bitten by snakes or dead of cold during their stay in the goth. Only a minority of
the rape cases are likely to be reported given the social stigma associated with such
incidents. During a study conducted in Nepalese schools by Wateraid in 2009, only 11
percent of the respondents declared not practicing any form of restriction or exclusion
during menstruation (Wateraid, 2009). Very recently, the chhaupadi system has been
blamed for the extraordinarily high rate of uterine pro-lapse in women where, in one
sample district, “over 60% of women are estimated to be living with the condition”
(Human Rights Council, 2011). According to Nepal’s Monthly Monitoring and Annual
Performance Review Worksheet 2009-2010 average of 96 cases of menstruation disorders
were reported each month by married and unmarried women in the district primary
health center of Dolakha. In 2008, there were 281 deaths due to complications during the
delivery for 100,000 live births in Nepal. This figure, according to numerous experts, is
probably largely underestimated.
The neonatal mortality rate (during the 28 days following the birth) reaches 32 for
1000 live births and a lot of newborns succumb to pneumonia or diarrhea after living their
first days in a cowshed (IRIN, 2009) . Menstruating women are not permitted to take the
nutritious food and milk products. (NWC, 2008)
SASCV 2013
Present Study
The Interim Constitution of Nepal 2063 (2007) has progressive provisions regarding
women’s right. Article 20 has guaranteed the right of women and article 29(2) reads as
“no one shall be exploited in the name of any custom, tradition and usage or in any
manner whatsoever”. Section 12 of Civil Rights Act 1955 has stated no one shall be
deprived of his/her life or personal liberty. Children’s Act 1992 (2048) in its Section 4(3)
has provision of proper health care to the pregnant mothers and the mothers who have
recently given birth to a Child. Section 7 of the same Act has mentioned- no child shall
be subjected to torture or cruel treatment.
There are different human rights instrument assuring women’s right, dignity and
equality with men. UN Charter as well as UDHR assures equal rights, freedom and non
discrimination to everyone. It is also assure that right to liberty of person, it has protect to
person from torture or to cruel, inhuman or degrading treatment or punishment and all
are entitled to equal protection against any discrimination. Article 25 mention that the
right to a standard of living adequate for the health and well being. It give special
emphasize to motherhood and childhood for entitled to special care and assistance.
ICCPR and ICESCR are based on the principle of human dignity, equality,
nondiscrimination, freedom, liberty and justice. Article 2 of CEDAW has urged the state
parties to make policy of eliminating discrimination against women. Nondiscrimination,
equality and state obligation is core principles of the CEDAW. According to article 2(e)
and 2(f) the state parties has to undertake all appropriate measures to eliminate
discrimination against women by any person organization or enterprise and to take all
appropriate measures, including legislation; to modify or abolish existing laws, regulations,
customs and practices which constitute discrimination against women.
Methodology
The 28 incidents of Chhaupadi that occurred in between 2010-2012 A.D were
studied. They were collected from different national newspapers of Nepal through random
sampling method and as well using legislative and case research method the existing laws
and decisions of Supreme Court of Nepal to eliminate Chhaupadi were studied. In every
incidence, the news published date, place (district), age victim, violence against victim, it’s
consequences upon them were collected through tabulation method. The findings were
again statistically tabulated and graphically interpreted through chart.
Results
Total 28 incidents were recorded in news paper articles of the year 2010-2012. Among
them 9 incidents were related to death of the women/ girls, 2 regarding the illness, 7
incidents reflecting the ill practice of chhaupadi. Also 5 regarding awareness program of
chhaupadi whereby one program was ineffective. Rest of the 5 relating to issues of family
ostracism, girls being expelled from school due to chhaupadi, a girl being beaten due to
chhaupadi practice and so on. However it is estimated that the impact is far more grave
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Chhaupadi: Victimizing women in Nepal
then perceived since the recorded data is only from newspapers and not a complete
independent comprehensive research.
The direct victims of this practice are the women from menarche to menopause and
post delivery. However the psychological and sociological impact span throughout the
lifetime of women. This practice is the direct imposition of patriarchy on the biology of
women. The indirect victims of this practice are the children of the victim and if the
woman dies then the family members fall upon this criterion. The perpetrators are the
family members of the victim. In the course of forcefully making them follow this practice
women and girls are physically and mentally coerced.
One of the glaring example of initiatives is the Directive to Eliminate Chhaupadi
Pratha 2008 (Chhaupadi Unmulan garna baneko Nirdesika, 2064). Still, women and girls
are forcefully made to follow this ill practice in the name of culture and tradition. The
literate girls are also being victim.
In the case of Dil Bahadur Bishwokarma vs Council of Ministers (September 2004
(2061/1/19)) the Supreme Court declared the practice as a discrimination against women
and a violation of women's rights, and issued directive orders to the Government to take
appropriate legal and other measures to prohibit this practice. Similarly, the SC underlined
the crucial role of NGOs in carrying out educational and awareness campaigns against
inhumane and discriminatory practices like Chhaupadi. A committee established by the
Ministry Of Health and Population has already carried out an in-depth research on the
adverse impacts of such practices on women’s health.
Conclusion
Equal rights of men and women are inalienable, interrelated, interdependent and
inherent rights. These rights cannot be curtailed in the name of the cultural practice. As
for why women does not report these incidents is because of natural obedience engraved
by ages of practices which makes women believe that she herself is impure. The 21st
century has brought a consciousness among limited demography that such practice is in
fact not good. This change of belief can only be attributed to an increase in level of
education. However the movement of an elimination of this practice lacks an integrated
attempt from all sectors whereby the practice prevails in majority. It is absolutely necessary
to break the belief system through the realization that a culture if harmful is no culture.
‘No harm no culture’ means that chaupady can never be taken as a culture. The
grotesque condition one lives in when suffering from the menstruation cycle can only be
justified in the in realm of injustice. The victim of the crime suffers individually and the
victims usually have the realization that they are not to blame and also aspire towards
rehabilitation. In the case of chaupady the victim accepts violation as fate and considers
discrimination to be natural. This makes it a bigger challenge to combat as the struggle is
not only against the injustice but also towards the change in mentality of all.
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27
Key Players are the Sole ‘Victims’:
Problem of Prostitution in India
Sachin Sharma and B. Jagan Mohan
Prostitution is the oldest profession of the world and having its influence since time
immemorial. With the passage of time the institution is changing radically. But society’s
stereo-type attitude remains same. It is interesting to note that this institution is only
known for women participation, is having their no agency. Whereas if we look at the
definitions of prostitute, in Roman law under Justinian in the digest of 533 which define
prostitute as, “A woman who gives herself publicly for money and not for pleasure.
Further according to J.G. Mancini in his book ‘Prostitutes and their Parasites’ define
prostitute as the act of women repeatedly and constantly practicing in sexual relationship
with anybody, on demand, without choosing or refusing any partner, gain, freely and
without force, her principle object for profit and not for pleasure. In both these definitions
the whole fabric is revolved around women and it completely denies male participation.
Further the society’s view is so narrow that it blames women as only culprit for the
prostitution. Though prostitution is invariably a transaction between two people, but here
it is male partner who always excluded from picture.
Even Suppression of Immoral Traffic in Women and Girls Act 1956 define
prostitution as ‘the act of a female offering her body for promiscuous sexual intercourse for
hire, whether in money or kind.’ It is unfortunate however, that for the ages it is only
women who have been branded and isolated as prostitutes. Here no one is looking the
other aspect of the issue. How someone can deny the fact that without its recognition,
how the institution has got its importance? Here no one is observing the role of the male
partners who act as the customers of prostitutes. Without male participation how it is
possible that institution can flourish in its present form? How can one overlook the fact
that the world’s oldest profession is came into being and is still thrives as an answer to
man’s insatiable thirst for intimacy and physical pleasure. It continues as a counter-measure
to the restriction the organized society imposes on the sexual life of man. Hence here due
to this double mind game of society the prostitutes are forced to live a miserable life.
There is no one bothering about the reasons that why she choose prostitution as
profession. It is evident from various reports that in 80 to 90% cases it is the poverty and
other economic barriers which forced her into prostitution.
Further the approach of law is also narrow on the issue, as it is neglecting the root
cause of the problem and just involves in blame game. Is law is working in the direction
to achieve that stage which leads to create a ‘just society’, where each and everyone can a
live a dignified life in a way they want? In order to make law to be just, it must based on
Key players are the sole victims
Kantian reason, otherwise it would deprive people from freedom and make obstacles in
their natural growth. There is a need to act by following the ontological and
epistemological aspects of law. In order to form just and intelligible law/ proposition, we
have to test it on the conditions of validity, existence and effectiveness. It is only through this
we can create coherence in a changing society and it can be possible by having clear
‘teleos’ of law. Here in order to reach at the roots of problem, one has to understand its
relation with other contributory factors. Trafficking is most important among them and as
it is said that if prostitution is the oldest profession of the world then trafficking is as old as
prostitution. It is the mode to facilitate and enhance the sex trade. Further with the
involvement of women in this process, the relation between prostitution and trafficking
become too complex and harmful. It is the main channel through which interpersonal
crimes are committed against women. In order to find the solution to the debate, one has
to find the roots of the problem, for that one should act with the open mind and eye,
unbiased form all societal aspects. The point is supported by the French Philosopher
Michel Foucault, who in his book ‘Archeology of Knowledge’, pointed that one has to
internalize the things and only then one should formulate his opinion. Hence in order to
overcome the harms of prostitution there is need to have evenhanded public discourse.
Despite criticizing prostitution with naked eyes, there is need to question ‘a priori’
propositions. As a democracy we are following the majority rule and ignoring the
individual’s freedom of choice. Here discrimination of women from womb to tomb is
well known. Due to the narrow mind set of society prostitution is treated as a social evil.
Due to stereo-type behavior of society, our laws and policies on the issue are also biased
with the presumption that prostitution is wrong per se and anyone who engaged in
prostitution by what so ever reason is an accused rather than victim.
According to the Immoral Trafficking Prevention Act, 1956, commercial sex and
soliciting in a public place are punishable offence. The Act is intended to protect women
from being trafficked, i.e. forced or coerced in selling sex. As stated above that sex work is
not itself socially sanctioned but considered immoral, sin or crime. So law enforcement
agencies like police misinterpret the ITPA and go after the sex workers instead of the
traffickers. Thus sex workers suffer harassment both at the hands of traffickers and the
police. The Act is based on the International Convention for Suppression of Trafficking in
Persons and the Exploitation of the Prostitution of others, 1949. On the basis of the
convention to which India is a signatory, ITPA is based on the principle that sex work is
exploitation and is incompatible with the dignity and the worth of the human beings. The
stated goal of the act is to eliminate trafficking; it does not criminalize sex work or sex
workers, but rather act by the third parties facilitating the sex work. Thus Act punishes
anyone maintaining a brothel, living off earning of prostitution and procuring, inducing or
detaining for the sake of prostitution. But this entire system ends up either criminalizing or
victimizing the sex worker, while having a minimal impact on the traffickers or those
responsible for exploitation. Data on the enforcement of the Act indicate that over 90% of
those arrested under the Act are women sex workers. The other includes the brothel
keepers, pimps and clients. Section 7 and 8 of the Act directly target sex workers by
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penalizing sex work in public place and solicitation, respectively. Section 8B, under which
90% of women are arrested, forbids “soliciting in a public place”. Thus a law aimed at
protecting women is being used to punish them.
There are various loopholes in the Act. The one of the main confusion is regarding the
ambit of term ‘public place’, as Act prohibits the prostitution in the public place or in the
vicinity of public place. But there are number of examples where through private areas
situated in a public area, such activities are carried out. Even though there are the
provisions for search of places under the Act, but generally it is only sex workers who are
detained from such places and the main culprits remains absconded. The wide ambit of
the term ‘any person’ used in section 4(1) of Act, which provide punishment for living on
the earning of prostitution. It is troublesome as it can include any individual even the
family members of the prostitutes. Perhaps this may be one of the causes that family
members of sex workers generally ignore them and hesitate in fighting for their rights.
These ways only light of hope for sex workers in fighting for their rights is also got
diminished. Further section 10-A of the Act talks about the detention of sex workers in
corrective institution. If female offender is found guilty under section 7 and her character
is such that it is expedient to detain her. So here section giving the authority to detain a
prostitute on the basis of her character, which is very easy to prove as loose. Hence it is
the time to move a head form debate of legalizing or not legalizing prostitution. One has
to start treating prostitutes as the legal subject. It is their right as a citizen of the country.
By following the new paradigm, prostitution should be treated as the ‘work’, and
prostitutes should be provided with the protection of law so that they can lead a dignified
life. Further there is need to have rehabilitation schemes for them so that one who want to
leave their profession can easily get settled with the societal main stream. But ultimately it
is society’s role which plays a vital role.
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28
Single Mothers - Victim of double jeopardy in the society
Shreya Sinha and Priti Sharma
Single mother and dead father are two sides of the same coin and different ways of
saying the same thing but the former is considered more derogatory. A single woman has
to face a lot of humiliation which a widow does not have to. She is rejected and out
casted from the society. Widowed women are however, somehow ‘ennobled.’ Women
who have the courage to walk out of a marriage when ill-treated should actually be
admired, but instead they are looked down upon as women who could not make their
marriage work. Unmarried single women also face hostility. In most of the cases it is often
seen that it is a woman who makes the life of another woman miserable be it the woman
who is the mistress of a husband or the normal gossiping woman of the neighborhood
looking for some “hot interesting” topic to blabber on.
It is not a simple matter of turning a deaf ear to gossip, but a question of tackling
practical problems like school admissions or getting the children married. Furthermore our
Indian society looks harshly upon divorced women, invariably blaming them for the
break-up. Due to which the woman herself feels inferior. It is the society that hullabaloos
the situation. Society creates crimes against a single mother- the one who has been
deserted by her husband for anyone else or who left her husband for some or the other
reason. This condition of women is prevalent in all sections of the society irrespective of
the age caste, class and social order.
Several times it so happens that the husband commits adultery on the woman and if
she raises her voice then her sanctity is questioned. A house maid was deserted by her
husband because he did not have sons from her and also accused her of having extra
marital affair. He himself however was of doubtful character and married his own
brother’s wife thereby leaving the poor woman and her three daughters. A middle aged
woman having seven children was also deserted by her husband because he thought her to
be adulterous instead it was he who married again. Here both of the husbands had
committed adultery and were neither interested in family planning nor took responsibility
of their children. A woman is battered, tortured, deserted and if luckily divorced then not
given sufficient amount as maintenance in order to harass her mentally and economically.
Even the judiciary system of India has not come forward for the upliftment of the single or
divorced women. In Noor Saba Khatoon v Mhd Quasim124, the supreme court gave only two
hundred rupees as alimony to the divorced woman and her three daughters. The society
thinks that there is no person to safeguard the alone lady so they directly or indirectly
124
1997
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always try to harass her, molest her both mentally and physically. In most of the cases, due
to excessive societal pressures women become guilt ridden and shameful about their
relationship status. They become resentful and take a lot of anxiety about their and their
children’s future due to which they bring out huge personality changes125.
A single married woman is always considered as an open sex distributor by the society,
society always tries to question the character of a single mother because they think she is
not having a person who can fulfill her sexual desire so she is always considered to be
desperate for having a happy sexual life. She is subjected to total isolation by the society. If
a lady solely up brings her child then the society thinks that she is alone because of own
‘bad deeds’ towards her husband and that she deserves to be alone and deserted. But this
isolation does not help her from getting out of the numerous assaults and taunting which a
single mother has to face every moment of the every single day of her life.
The role of single parent is challenging one especially when the family is headed by a
woman. It is more difficult when a woman who has never previously worked outside the
home to work due to the economic deficiency. To add more to this problem the woman
is subjected to sexual harassment at her workplace by her male co workers. She has to do
some or the other ‘favour’ in order to get her work done or to even survive in the
grapevine of the corporate world and if she fails to do such favour then she is harassed
some or the other way like allotment of more night shifts than necessary or by making the
poor lady slop more and more.
The role of a single mother requires that the parent takes on responsibility that may
have been shared by their spouse. Single mothers experience additional role strain as a
parent because they have to perform the duties of both the mother and the father .In
addition to becoming the primary wage earner, a woman is forced to shoulder other
responsibilities of her husband. Due to multiple roles playing a lack of structure and
inconsistent enforcement of parental standards is their due to which most of the children
who are brought up under such circumstances end up being malnourished and delinquent
in nature.
It is not compulsory to up bring a child with a father but a single mother faces problem
in up bringing a child of opposite sex, even if the child is of same sex then it is difficult for
her to protect her. Adolescent boys with a single mother sensitize to appropriate gender
with their mother telling them certain household chores. It is difficult for a single mother
to handle a child of opposite sex because the task asked to them normally narrated by a
father to a son, and even a male is always emotionally strong so it is difficult to make them
understand the things that father should have told them, and that is reason they have to
give negative reaction.126
125
Nidhi Kotwal and Bharti Prabhakar, Post Graduate Department Community Resource Management and
Extension.G.C.W.Parde, Jammu, Jammu and Kashmir, India ,”Problems Faced by Single Mothers”(2009)
126
Olaniyi bojuwoye and Frederick Sylvester “pattern of gender socialization of adolescent boy in single-mother
households: perspectives from a community in Cape Town, South Africa”pg 208-209, gender technology and
development Asian school of technology SAGE publication 2012, London.
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Single Mothers
Majority of mothers cannot make a decision regarding higher education of their

children. For this their poor financial status, lack of knowledge and proper guidance may
be blamed .Majority of the single mothers have found it hard to maintain discipline among
the children due to absence of male members. The mothers complain about loneliness,
trauma and depression and find it difficult to handle the responsibility of child-care and to
establish a routine for their children.127
An Indian women is brought up with the ‘Cinderella Syndrome’ where her prince
charming is her everything, she is taught to be obedient and dependent to her husband
due to which when her so called ‘prince charming husband’ leaves her she is completely
shattered and the society being the sheer opportunist tries to take all due advantage. She is
humiliated and taunted at societal level, battered and bullied or sometimes burned alive
inside her own house by her own parents or in-laws where ever she decides to live work
place. A single mother is sexually harassed or even raped at her work place. It has also
been seen that women who live alone are subjected to higher risks of robbery and murder
unlike the ‘normal married women’.
Thus we can clearly see how brutally the so called 21st century modern society
punishes a poor lady by inventing varieties of crime against her just for the sole reason that
she decided not to suffer any more of her husband’s tyranny or torture but rather stand
alone and fight for herself and her child’s rights.
127
Dave T 2000. Single Mothers at Greater Risk for Depression. Retrieved January 26, 2007 from
http//www.overcomingdepression.com.
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29
Dalit rape victims: An analysis of Victim Justice in India
G. Shunmuga Sundaram, R. Sivakumar and L. Xavier
Generally women faces all sorts of victimization like gender discrimination, female
infanticide, inequality of education, gender harassment, dowry, rape and so on. But rape is
one of the heinous crimes against the women in the world. It’s totally against her will,
unnatural, foreseeable, immorality and illegally. It is a typical crime where the victim has
to suffer mentally, physically, psychologically, socially, culturally and economically for the
rest of her life. In that sense once a victim of rape always a victim (Swamy, 2008). Dalits
literally means that "broken" people, (Untouchables) at the bottom of India's caste system.
Dalit rape is not only the crime against women; it’s mainly the crime against Dalits on the
basis of caste. Normally women and children are vulnerable in our society but Dalits and
Dalit women are more vulnerable and easily a prey for exploiting by the upper caste
people. Traditionally dalit women are kept sadism of verbal abuse, sexual label, unclothed,
forced to drink urine and eat faeces, gender discrimination, politically excluded, illiteracy,
banded labour are only experienced by Dalit women in India. One of worst Devadasi
system is conventionally followed in Indian temples that are to sexually exploit and forced
prostitution of girl child who belongs to the dalit community. Dalit women are threatened
by rape and gang rape as part of showing that the caste is dominated by the higher castes
in India. The statically evident shows that day by day the atrocities against dalit women
especially rape is increasing in India. Generally there were 24,270 rape cases registered in
India. According to National Crime Records Bureau of India (here in after NCRB), three
Dalit women are raped every day and its report 2011 shows that a total of 1,557 cases of
Rape of women belonging to Scheduled Castes were reported in the country during the
year 2011 as compared to 1,349 cases in the year 2010, thereby reporting an increase of
15.4% (Crime in India, 2011).
The majority of rape cases against Dalit women are not registered more often due to
the threat by the dominant caste people. Analyzing the justice of dalit rape victims in
2006, the official conviction rate for Dalit atrocity cases was just 5.3 percent. According to
NCRB the average conviction rate for crimes against Scheduled Castes and Scheduled
Tribes stood at 31.8% and 19.2% respectively as compared to overall conviction rate of
41.1% relating to IPC cases and 90.5% relating to SLL cases (Crime in India 2010).The
lack of protectiveness and improper investigation of law enforcement, dalit women are
hate to approaching them and dislike to register the cases. Dalit Women are also unaware
of their laws and their protective groups like National Commissions and NGOs. Even the
cases are registered due to lack of appropriate investigation by police, repeated
victimization by prosecution in the time of trail and delaying in nature of judgment. So
Dalit rape victims
the victims of dalit women are not consider the legal systems after the victimizations. Its
manly affects the essential life of dalit women. The broken dalit women have lack of
courage to face the legal proceedings and threat by the dominant caste people and finally
the case leads to acquittal in nature.
Dalit women status in India

Contemporarily women in India is empowering in due to the availability of education,
achieve women rights, employment opportunity, political participation and so on. But
dalit women are not like that, very few only come out the obstacles and empowered.
“Dalit women are considered as easily available for all forms of violence. The Indian
justice system cannot serve as a deterrent for crime when there is no consequence for the
perpetrators of violence against Dalit women (Navsarjan, 2012). In India nearly 18 percent
of dalit population with little less than half being women, which mean 90 million dalit
women living in India. Dalits are very few in getting political, financial and high social
status. Even dalit getting political influence they are suffered by dominant caste people. In
India so many dalit women reserved Panchayat constituency are presented but it’s difficult
to nominate the dalit women. Even they are selected as a president they are not rule and
show is power. Dalit women presidents have been facing challenges from their caste
Hindu vice presidents, who have emerged as the biggest threat to democracy
(Palanithurai, 2012). They are harassed by the dominant Caste Hindu coworker and
people of their constituency. In Tamil Nadu very recent dalit women Panchayat leader are
not permit to participate the Independence Day celebration and another one attempt to
murder for implementing panchayat rules. It’s very shocking in Chennai high court Dalit
judge keep on harassed on the basis of caste by the non- dalit court colleagues (he
Hindu,2011). In India most of women manual scavengers and bonded labours are belongs
to the dalit community. Normally they are illiterate and vulnerable in our society.
Atrocities and victimizations of dalit women in India

Dalits women status is vulnerable and pathetic condition in India. In India most of dalit
women are depends upon the landlords for their employments. They are working in daily
wages and bonded labours. So the workplace is the primary sexual violence take place of
dalit women. They face physical assaults, verbal abuse, sexual harassment by the landlords
and supervisor in the place. Most of the brick kiln and match boxing making industry are
female workers belongs the dalit community and they are vulnerable and easily become a
prey for the upper caste people. Then the reporting behavior is very less due to the affect
of employment and some other reasons (Karthika & Jaishankar, 2008). Commonly dalit
women faces violence in public places like streets and in around their villages and towns.
Regularly dalit women face violence’s in within the home. Dalit women face targeted
violence even rape and murder by the state actors and powerful members of dominant
castes used to inflict political lessons and crush dissent with the community (Navsarjan,
2012). Dalit women are forcibly incarcerated, sexually harassed and rape in police stations
and also dalit women faces violence in government sectors become grounds for violence.
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Dalit Rape Cases and its Justice

Justice of rape cases is difficult one in our criminal justice system. According to the
UN Commission on the Status of Women study there were 76 reported cases of rape or
gang rape (20 in Gujarat, 35 in Maharashtra, 21 in Tamil Nadu), nearly (30.9 per cent)
remained pending in the courts and the status of (42.5 per cent) was unknown the nature
of dalit rape cases in India (UN Commission on the Status of Women 2004 to 2009). As per
NCRB, Police closed about 21% of cases under the SC/ST (PoA) Act till 2009 (Crime in
India, 2009). There are 44,864 cases pending charge sheeting in 13 years even after the
investigation. In most of the rape victim know their perpetrator but the conviction of
offender is complicated one. Most of the dalit rape cases are pending in nature due to
main reason for improper investigation of law enforcement and its take to failure of
justice. Incident of dalit rape are mostly gang rape by the upper caste people. In this since
police are failure investigate and arrest the offender even they are arrest the culprit they are
escaping by using the loopholes of law. In Tamil Nadu recorded a conviction rate of
88.70 percent in sexual harassment cases in 2001. But the percentage decrease to 57.05 in
2011.All India Average of sexual harassment conviction rate is goes down in India 27.70
percent (The Hindu, 2012). In famous Poolan Devi case she was gang raped by the
dominant caste persons and no one was arrested. Later she took revenge by killing the
offenders. In Tamil Nadu Vacathi rape case is an example for delayed dalit rape victims’
justice, an evident shown in India. Nearly two decades after only they are getting the
justice. They are doubly victimized - first at the hands of their attackers and later by the
hands of judicial system that fails to offer them protection and justice. A Dalit woman who
is a survivor of rape will face so many obstacles in bringing her case to the attention of the
police and the courts. She will face omitting from her community and family. Finally she
gets difficulty in accessing the justice system.
Conclusion and Suggestions

Dalit rape is one of the inhuman and degrading issues of the Indian democracy. First its
affects the Human Rights in India. In the Indian legal scenario dalit rape victims and their
justice is a questionable one. Our present day system of criminal Justice System and the
social set up is not favoring dalit rape victims. Registered dalit rape cases are only the tip
of the ice berg in India. According to NCSCST (National Commission for Scheduled
Caste & Scheduled Tribes) observed given the large extent of total 5,52,351 atrocities
committed against SCs and 86374 atrocities committed against STs during 1995 -2010
under this 56.3% of cases registered under not in appropriate sections, thereby dilute these
cases causing more and more acquittal and withdrawal. The average rate of pendency in
court is 82.9%. At the end of 2009, 80.5% remained pending for trial across the country
(NCSCST report, 2010).Based upon this analysis to sensitize proper registration of dalit
rape cases in the police station and to conduct proper investigation then only increasing
level of conviction rate. Find the dalit vulnerable areas and opening the Dalit police
station to protect and prevent the dalit from the atrocities. Conduct the ground level
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sexual harassments victim survey in the dalit vulnerable area. Appoint an independent
judicial body to investigate and punish the offenders, including any officials or police.
Creating awareness about the available laws to the Dalit communities and increasing the
reporting behavior. Originate Special court for dealing dalit rape cases and increase speedy
justice. To form the effective monitoring committees in state and district level of dalit
atrocities cases. Government should increase the compensation amount and creating
employment assistance. All of the above so called upper caste people bring to end violence
against the dalit women and perpetrators get stringent punishments in the court of law
without delaying.
References
Karthika, R., & Jaishankar, K. (2008). Victimization of Labourers in brick kiln Industry.
In: P. Madhava Soma Sundaram, K. Jaishankar and S. Ramdoss (Eds.,) (2008). Crime
Victims and Justice: An Introduction to Restorative Principles. New Delhi: Serials
Publications.
Maheswara, N. S. (2008). Restorative Justice to the Victims of Rape – The Indian Legal
Scenario, Crime Victims and Justice. New Delhi: Sage Publications
Navsarjan. (2012). Dalit women at the receiving end. Information from UN Special
Reporter on UN Commission on the Status of Women (CSW) in The Hindu on 25th
September, 2012.
Navsarjan. (2012). Violence Against Women. Information from UN Special Reporter in
The Hindu on September 25
NCRB. (2009). Crime in India Report of National Crime Records Bureau, Ministry of
Home Affairs, Government of India.
NCSCST. (2010). Report on National Commission for Scheduled Caste & Scheduled
Tribes.
News. (2011). Judge alleges caste discrimination. News published in The Hindu, 3rd
November, 2011.
Palanithurai. (2012). Call for quota in post of Panchayat Vice-President- Talking to The
Hindu, Dean and Coordinator of Rajiv Gandhi Chair for Panchayati Raj Studies,
Department of Political Science and Development Administration, Gandhigram Rural
Deemed University.
153
30
Mental health status and alienation of criminal women:
A psychological study
Sylaja Sureshkumar
Introduction
At present It has been widely accepted that crime is not just an accidental
phenomenon, something which exclusively concerns an individual, originating within
him or her and having nothing to do with the surroundings, and social milieu, and also
that it is the frustrating outcome of the social situation which provides stimuli to an
individual leading him or her to criminal behavior.
In the past in criminological studies female offenders are usually not mentioned at all,
either their very existence is ignored or they are held to be too insignificant to be worthy
of consideration. Women are in the way of progress with the men in all areas, and
unfortunately the trend is seen in the criminal area also. Withdrawing from the
stereotyped feminine role they become more hard and tough. In India females are actively
participating in naxal groups.
Hypothesis
There will be significant difference among criminal women, normal women and
criminal men in their mental health status and alienation.
Method
a. Sample
The sample consists of 100 criminal women and two groups of control subjects with
100 normal women and 100 criminal men. Criminal subjects selected from different
prisons in Kerala. Normal women are also selected from Kerala.
b.Tools
(1)M.H.S.Scale
This scale was developed by Gireesan and Sanandaraj (1988). The test measures six
components they are Attitude towards self, Self-actualization, Integration, Autonomy,
Perception of reality and Environmental mastery. The sum of subscale scores is taken as
the Mental Health Status Score. The split-half reliability coefficient of the subscales varied
between 0.73 to 0.89. The validity coefficients using another similar scale varied between
0.73 to 0.87. All these coefficients are significant at 0.1 level.
Mental health status and Alienation of Women
(2)Alien Inventory
This scale was developed by Gireesan & Sanandaraj (1988). The test measures five
components they are Powerlessness, Meaninglessness, Normlessness, Isolation and Self-
estrangement. The sum of subscale scores is taken as the Alien Inventory score. The split-
half reliability coefficient of the subscales varied between 0.67 to 0.73. The validity
coefficients using another similar scale varied between 0.58 to 0.83. All these coefficients
are significant at 0.1 level.
C.Procedure
Permission to conduct the study was obtained from the concerned prison authorities,
and administered individually to the subjects after establishing rapports and scored as per
the manual .The data were analyzed using ANOVA.
Results and Discussion
TABLE 1 –
Means and SD’s of the Mental Health Status and
Alienation for the three groups under study
Criminal Normal women Criminal Men
Variables Women (N=100) (N=100) (N=100)
Mean SD Mean SD Mean SD
Mental Health 230.96 19.70 253.33 21.24 253.72 21.77
status
Alienation 177.39 14.64 154.57 17.22 158.75 17.66
TABLE 2 - Univariate F-ratio withDF1=2 and DF2=297
Variables Among Mean SQ Within Mean SQ F-ratio

Mental Health 16968.95 437.69 38.77*
Status
Alienation 14761.24 274.25 53.82*
*Indicates significant difference at 0.01 level
In the comparison of the three groups for the variable mental health status the F-ratio
obtained is 38.77, and it is significant at 0.01 level (vide table 2). This indicates that
criminal women, Normal Women and Criminal men differ among themselves in mental
health status.
Table 1 shows the means and standard deviations of the three groups for the variable.
Though it is seen that criminal women’s mean value in the variable is lesser compared to
normal women and criminal men, the significant of the difference is not evident. Hence,
scheffe procedure is computed, which identifies the pairs of groups that show significant
differences. The details are given in Table 3.
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1. Mental Health Status
TABLE 3 - Data and Results of Scheffe procedure for the Three Groups for Mental
Health Status
Groups Mean Groups

1 2
3
Criminal Women 230.96
Normal Women 253.33 *
Criminal Men 253.72 *
*Denotes pairs of groups significantly different at 0.05 level.
Table 3 indicates that criminal women differ significantly from normal women and
criminal men in mental health status.
The data and results show that mental health status of criminal women is lower
compared to normal women and criminal men. This means that criminal women are not
self confident or self reliant. They do not have the capacity to evoke empathic, warm or
compassionate response from others. They fail to show resistance to stressful situations.
They lack the unifying philosophy of life, which guides their actions and feelings. They
are not autonomous especially in decision making process. Further, the ways they perceive
the world around them do not correspond to what is actually there, since their perception
is not free from need-distortion. They do not consider the inner life of other people as a
matter worthy of their concern and attention. They lack the ability to solve their
problems, and to meet situational requirements. They do not enjoy recreation, either.
The data and results on the variable mental health status, discussed here support the
hypothesis formulated in this regard.
2. Alienation
TABLE 4 - Data and Results of Scheffe procedure for the Three Groups for
Alienation
Groups Mean Groups
1 2
3
Normal Women 154.57
Criminal Men 158.75
Criminal Women 177.39 * *
*Denotes pairs of groups significantly different at 0.05 level.
The F-ratio of 53.82 shown in table 2 indicates that it is significant at 0.01 level, when
comparing the three groups for the variable alienation. This shows that criminal women,
normal women, and criminal women differ among themselves in the above variable.
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Mental health status and Alienation of Women
Since the F-ratio is statistically significant, Multiple Range Test using scheffe
Procedure is carried out, as before, in order to identify the pairs of groups that show
significant differences. The results are given in Table 4.
The results shown in Table 4 indicate that criminal women differ significantly from
both normal women and criminal men in Alienation. Criminal women have high
Alienation compared to normal women and criminal men as indicated by the data and
results given above. It shows that feelings of powerlessness, meaninglessness, normlessness,
isolation, and self-estrangagement are common in criminal women.
This means that criminal women have no control over the problems of their life in the
protection of their legitimate rights, and privileges. They are unclear as to what they
ought to believe in, and are unsure about the future outcome of their behavior. They
have high expectation that socially unapproved behaviors are required to achieve their
goals. They feel uneasiness in mingling with others, and have the feeling that they are
purposefully deprived from interacting and integrating with others in social, economic,
and religious life. Further, they feel that their engagement in activities are not intrinsically
rewarding, and that their work is valued primarily as a means to nonwork ends.
The results of the present investigation support the hypothesis formulated in this
regard.
Conclusion
The variable mental health status differentiates criminal women, significantly from both
normal women and criminal men. The highest mean score is obtained by criminal men
and the lowest by criminal women.
For the variable alienation, criminal women are found to differ significantly from both
normal women and criminal men. The criminal women get highest mean score and the
normal women get the lowest.
References
Adam, L. H. (1914). Women and Crime. London: T.Werner Laurie, Cliffords Inc.
Ahuja, R. (1969). Female Offenders in India. Meerut: Meenakshi Prakasan, Beegum Bridge.
Garrett, H. E. (1969). Statistics in Psychology and Education. Bombay: Vakils, Feffer and
Simon Pvt.Ltd.
Gireesan, P., & SanabndaRaj, H. S. (1988). M.H.S. Scale and Manual. Trivandrum:
Department of psychology, University of Kerala.
Gireesan, P., & SanabndaRaj, H. S. (1988). Alien Inventory and Manual. Trivandrum:
Department of psychology, University of Kerala.
157
31
Discrimination and victimization of women on the workplace:
Prevalence and characteristics
Vesna Nikolic-Ristanovic
The paper’s focus will be on the presentation of findings on prevalence and

characteristics of discrimination and victimization of women on the workplace obtained
within 2011 nation wide victimization survey of Victimology Society of Serbia. However,
the paper starts with enlisting main international documents which call for elimination of
all forms of discrimination of women, including work related violence (e.g. CEDOW,
ILO discrimination (employment and occupation), and maternity protection convention,
EU Equal treatment directive (2002), Council of Europe Convention on preventing and
combating violence against women and domestic violence). When appropriate, survey
findings are compared with similar findings in other countries.
The survey which findings will be presented is part of a larger study of discrimination
against women in the labor market in Serbia, conducted by the Victimology Society of
Serbia in 2011, in cooperation with the UN Women, within the project "Mapping the
extent and characteristics of gender-based discrimination in the labor market and society
responses to it". The result of the project is larger study co-authored by the author of this
paper as well as by Sanja Copic and Bejan Saciri.
For the purpose of the research, discrimination against women at the labor market was
defined as any unwarranted differentiation or unequal treatment, i.e. omission (exclusion,
limitation or preferential treatment) with the aim to or the effect of hindering, impairing,
disabling or nullifying a woman recognition, enjoyment or exercise of rights at the labor
market, i.e. in the sphere of labor and employment, on the grounds of her sex or other
personal characteristics. The research encompassed both discrimination against women in
the process of gaining employment and discrimination at the workplace. Special attention
was paid to sexual and psychological violence against women at the workplace.
The research covered a period of five years preceding the survey. The data were
collected in the period from August to October 2011.In this survey a combination of
victimization survey and feminist action research methods is used. The data was collected
through face to face interviews. The study included a stratified random sample of 706
women aged 18 to 64 years, from six cities in Serbia. Data were analyzed by descriptive
statistics, chi-square tests and Pearson correlations. In addition to quantitative, a qualitative
analysis of respondents’ answers to open-ended.
The research had an action character, which refers to raising the level of women’s
knowledge and awareness about different forms of gender based discrimination at the labor
market, and providing them information about Victimology Society of Serbia, which they
can approach in cases of discrimination. Finally, this research was policy oriented, which
Discrimination and victimization of Women in Workplace
means that research findings were used as a basis for proposing certain changes of both
legislation and practices in the field of women’s labor rights.
More than half respondents (61.0%) said that they were exposed to some form of
discrimination at the labor market. In addition, 72.2% (510) of respondents had
knowledge that a woman they know (a friend, relative, colleague) was discriminated at the
labor market - 464 (65.7%) women have indirect knowledge of other women being
discriminated while gaining employment, and 372 (52.7%) had indirect knowledge on
discrimination against other women at work.
242 (56.1%) women experienced discrimination in the process of gaining employment,
while 342 (79.4%) experienced discrimination at workplace. Also, 22.1% of employed
women in the sample were exposed to sexual violence. Women were subjected to sexual
comments, unwanted physical contact, proposed sexual intercourse as a condition for
promotion, exposed to pornographic material and raped. When it comes to psychological
abuse at workplace (mobbing), the data shows that 22% of women suffered from this form
of discrimination. When it comes to psychological violence, the obtained data suggest that
it mostly consists from giving women too much work, talking to them with a frown and
slander, which is followed by threats of dismissal, spread of false stories, insults and
humiliation through derogatory words. In most cases psychological violence was
perpetrated by the manager or supervisor (45%) the so-called vertical mobbing, while
horizontal mobbing was less present.
The most common form of discrimination against women during the process of
gaining employment is questioning a woman about her private life during the job
interview, which was experienced by 217 (48%) respondents. The next most common
form of discrimination during the process of gaining employment is commenting on the
physical appearance of a woman, which was experienced by 44 (9.7%) female respondents.
This is followed by other forms of less favorable treatment in comparison to male
candidates - 30 (6.6%), pregnancy and motherhood as an obstacle to gaining employment
- 23 (5.1% ), and expectations regarding sexual relations with a supervisor or other person
in the company as a condition for getting a job - 3 (0.7%).
More than half of 596 women who worked at any moment within the period covered
by the research (342 or 57.7%) have experienced some form of discrimination at the
workplace. Generally speaking, women who work in the private sector (64.8%) are more
exposed to discrimination at the workplace than female respondents who work in the
public sector (48.7%). The respondents who did not sign a contract with the employer
have been increasingly discriminated at work (70.4%) in comparison to women who were
working under an employment contract or other types of contracts (54.3%). Finally, it was
found that women who are employed part-time are to a greater extent subject to
discrimination at the workplace (57%) than women who are working full time (52.6%).
The data showed that female respondents most often face discrimination which is
related to working conditions (256 or 43%): lack of premises, separated from men’s, where
women can change their clothes; obliging a woman to do other duties outside of the job
description, such as making coffee, cleaning, courier and administration jobs; mismatch of
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the machinery or other equipment for women; exposure to other inconveniences on the
grounds of sex (belittling woman's abilities based on prejudice and stereotypes, sexual
harassment, commenting on the appearance and dress, insults, yelling, etc.) or for some
other reason.
Particularly striking is considering a woman’s body as an object, which is visible in
cases of sexual violence at the workplace, but also in cases of commenting woman’s
appearance and sexually blackmailing her (quid pro quo) when gaining employment. At
work, women are faced with inadequate working conditions, particularly in terms of
unconformity of the working place and the obligation to conduct additional duties out of
the job description. Women are obliged to perform jobs that are traditionally considered
to be ‘women jobs’, which is also tightly linked to the gender roles imposed by the
society. The data on gender wage gap and glass ceiling, i.e. week vertical mobility of
women at the labor market also speaks in favor of discrimination against women at the
labor market in Serbia. All these data point out to the need of more intensive work on
patriarchal stereotypes of both men and women, as well as to conducting the research
about them, because they significantly impact position of women at the labor market.
On the basis of all survey findings and their comparison to other surveys and
international documents, recommendations that should contribute to changes of legislation
and practice in order to ensure proper reaction and protection of women against
discrimination and other violations of their rights at the labor market in Serbia are
developed. These recommendations relate to the following: improvement of legislation;
improvement of procedures and practices of relevant institutions/organizations in cases of
discrimination and other forms of violation of women’s rights at the labor market; support
and protection of women against discrimination at the labor market; prevention;
improvement of data recording and research.
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32
Law relating to Violence against Married Women in India:
Whether unleashing Legal Terrorism?
B. Vijaya Laxmi
Introduction
India is a country where the women are treated with great respect right from Ancient
times onwards. At the same time there are the victims right from Ancient times onwards.
This study presents deals with the law relating to harassment, cruelty of husband and also
enlighten that it is a known fact that harassment by husband is a common phenomena in
almost all countries based upon the Law commission reports and the judgments of various
High Courts and Supreme Court, it is said that it amounts to legal terrorism. Whether
really there is harassment committed by the wife towards the husband. The focus is upon
the harassment towards wife and harassment by wife towards husband.
Hypothesis
Cruelty of the wife against husband, husband against wife to be proved, based upon
the judicial judgements and other statistics.
Method
Data is collected from the relevant text books, journals, Law commission reports and
judgements of Supreme Court and lastly from NCRB and VAW statistics.
Historical Perspective
Women are the symbol of unascertainable depths of human sentiments, manifestation
of unscalable heights of selfless affection and sacrifice. Women are the personification of
such was the extolled position of women in the past (Ponnaian, 1992). Violence against
women is not confined to a specific culture, region, country, or to particular group of
women within a Society. The roots of violence against women lie in persistent
discrimination against woman.
Every year millions of Woman Worldwide suffers violence. It may be in the form of
Domestic Violence, Rape, Female Genital Mutilation, Dowry related Offences,
Trafficking, sexual violence etc., Violence against woman takes many forms, physical,
sexual, psychological. These forms of violence are inter-related and effect woman from
before birth to old age. The word woman was derived from “Wifman” that is wife of the man
(Otte, 1993).
In India, woman is compared with “sakti” means power and strength. During Pre-
Vedic period women enjoyed equal rights with that of men. It was after the codification
SASCV 2013
of smrities. Woman were bracketed with shudras and denied the rights. She was only
confined to marriage and domestic life. According to Manu, woman is not fit for freedom
(“na stri svatantryam arthi”) (Ramakrishna Mission Institute of Culture, vol. 2, P. 353). As a
result, woman was treated as bonded labours. The basic rights of a woman are been
deprived. The patriarchal jurisprudence proposed by Manu the law given had degraded
the status of woman4 (Dr. B.R. Ambedkar, Prof. S.S.H. Azmi P. 191).
It was during 19th centaury the father of social revolution Mahatma Jyoti Bapule
sacrificed his life for the upliftment of women. The other social reformists are Ranade,
Chatrapati Sahu Maharaj, who was a descendent of Shivaji and Shri Narayan Guru in
Kerala fought for the upliftment of woman’s position in India (Sreenivasulu, 33 & 34).
The most common form of violence against woman is harassment by the husband.
Violence against woman is not a new wrong; it is prevalent right from Ramayana and
Mahabharata’s reign, when Sita and Draupathi were harassed. Woman are ill treated,
harassed, divorced or killed, still woman suffered in silence till date keeping in view the
increasing violence against women especially young and newly married woman and
growing incidents of bride-burning it became a matter of concern to everyone. The
existing laws are not enough and stringent enough to deal with atrocities against woman.
So the law makers intended to incorporate a new section 498-A. In the year 1983, under
chapter XX-A, under the offenses against marriage. The main object of introducing his
section was to prevent torture to a woman by the husband or by the relatives of the
husband (Gandhi, 2008).
Section 498-A (Cruelty of Husband & Relatives of Husband)

According to section 498-A, “whoever, being the husband or the relatives of the
husband of a woman, subjected such woman to cruelty shall be punishable with
imprisonment for a term which any extend to 3 years and shall also be liable with fine.
Cruelty had not been defined under Criminal Law, but in Russel v. Russel, (1897, Az
395), defined as conduct of such a character as to have caused danger to life, limb or
health (bodily or mentally) or as to give rise to a reasonable apprehension of danger. There
is no hard and fast rule for determining what constitute cruelty. It only depends upon the
circumstances of each case.
Generally speaking, any intentional or malicious infliction of physical or mental
suffering or wanton, malicious, pain upon body, or the feelings and emotions would
amount to cruelty. Physical violence is not a necessary ingredient of cruelty. According to
Law Lexicon, cruelty means the behavior that deliberately comes pain and distress to people
or animals.
It is impossible to give a definite definition which includes all acts and conduct
amounting to cruelty (Sukumar Mukarjee V. Tripati Mukarjee, 1992). It depends upon
the character, way of life of the parties, their social and economic condition, their status,
custom and tradition, sensitivity of the individual victim, education, abnormal behavior,
continues taunting or teasing amounts to cruelty apart from those acts drinking, abusing
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Law relating to violence against Married Women in India
and beating the wife constantly9 (Bammidi Rajamallu Vs. A.P. 2001, Crw 1319),
impotency of husband amounts to cruelty on wife10 (AIR 1981 SC).
Apart from I.P.C., under the Evidence Act, Section 113-A was incorporated, which
says that even if there is a presumption that the wife was harassed by the husband as a
result the woman commits suicide, amounts to cruelty.
This section is applicable to even second wife also (Anisette Sivaprasada Rao v. State of
A.P., 1994 Cri L J 1760).
Constitutional Validity of Section 498-A

Indian Constitution is in the favour of the women. The provisions which are in favour
of woman in relation to 498-A are preamble, which says “the equality of status and
opportunity” to all citizens which means to give equal rights to men and woman. This is
the basis for legislation which give equal status and rights to woman and Article 15(3),
which says that the state to make special provisions for woman and children (Jain, 2005),
because in India woman are facing number of different types of harassment and
inequalities within the family and outside the family from times immemorial.
Section 498-A – Personal Laws in India

Cruelty of the husband is a ground for Divorce (under section 13(1) of Hindu
Marriage Act, 1955). A Hindu Wife can claim maintenance from her husband even while
living separately, if he treats her with cruelty (under Adoption and maintenance Act, 1956,
section 18). A Muslim woman can file for divorce if the husband treats her with cruelty
(Dissolution of Muslim Marriages Act, 1939). It is a ground for Christian Woman if she is
treated with cruelty, (Special Marriage Act, 1954, Section 27(d))
Arguments Favouring Gender Specific Nature of Section: 498-A

A Law can be made gender neutral only if the entire concerned people are on an
equal footing. No one can argue that men and woman in India are on equal plane. Out of
100 cases that are ordered for investigation under section 498-A, only in 2 cases the
accused get convicted. In most of the cases reconciliation takes place at every stage
including at police station, Crime against woman cells and Courts.
Because the trial process is quite lengthy the pending cases are more in number. To
decide a case it takes from 5 to 10 years, and more one it is very difficult to prove cruelty
of a husband, which is committed within the 4 walls of a house, as a result the prosecutor
fails to prove cruelty when the victim is still alive, Section 498-A alone cannot be proved
unless and until combined along with section 304-B and 302.
According to NCRB for every 9th minute one cruelty of husband and relatives of the
husband is committed 85% of the females are the victim of 498-A and ½ of the females are
physically injured and 52% of the total females commit suicide because of harassment.
According to statistics of 2011 the Crime rate against woman is 2,28,650 and out of
which 4.3% of total Crime i.e., 99,135 are 498-A cases reported and only 20.2% is the
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conviction rate approximately in 2,029 cases the accused is convicted (NCRB Crime
Statistics 2011)
World Health Organisation

The most common form of violence experienced by woman globally is physical
violence inflicted by an intimate partner, with woman beaters, coerced into sex or
otherwise abused.
According to WHO study in 11 countries found that the percentage of woman who
had been subjected to sexual violence by an intimate partner ranged from 6% in Japan to
59% in Ethiopia and 1/2 of the woman die from homicide are killed by their current or
former husbands or partners.
Arguments against of Section 498-A

It is 6.5% of the total cases were false at the level of investigation. Many of the accused,
police, judges and lawyers agree that educated and independent minded woman misuse
this section (Section 498-A of the I.P.C.).
It is the opinion of the Court in (Preeti gupta Vs State of Jharkhand, 2010)the
Supreme Court observed that serious relook of the entire provision is warranted by the
legislature. It is a matter of a common knowledge that exaggerated version of the incident
are reflected in a large number of complaints. It is not only the view of the Supreme
Court, it is the view of various High court and earlier also the Law Commission
recommended that this section had to be amended (the Law Commission of India, Report
No. 243, 30th August, 2012) and also the view of Malimath Commission Report 2003, to
amend the law relating to 498-A and make as bailable offences, in 237th report there was a
recommendation that section 498-A should be made compoundable with the permission
of the Court. It was not accepted because misuse was not established by empirical data and
out of social interest it was not amended. In (Sushil Kumar Sharma Vs. Union Of India,
2005), the Supreme Court that in many, complaints under section 498-A were being filed
with an oblique motive to wrick personal vendetta and Supreme Court observed that “by
misuse of the provision, a new legal terrorism can be unleashed”.
In Saritha Vs. Ramachandra (DMC 37 (DB) 2003) the Supreme Court made an
observation that “the Court would like to go on record that for nothing the educated
woman are approaching the Courts for divorce and resorting to proceeding against in laws
under section 498-A. Today there is a rapid demand for the amendment of section 498-A,
and to rescue the husband and in-laws from the clutches of the daughter-in-laws. It is true
that there are some people who misuse this section. There are very less people especially
woman who know that there is a provision under Indian Penal Code which helps them.
The literacy rate for the year 2009 is, men 76.9% and women 54.5% (Ramdas, 2009).
This cannot be justified because there are many literates who are educated as well as
victim of 498-A, according to Hindu culture a married woman tolerates in silence, but
never step out of the home. When it is unbearable then she files a criminal case against the
husband, the married woman also think about the other aspects like the economic status of
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Law relating to violence against Married Women in India
the woman, children, future and families dignity and status in the society. For the sake of
few people, the whole law cannot be treated as Legal Terrorism. This is one section under
Indian Penal Code where the woman can file a criminal case for cruelty. There are many
reasons why the conviction rate is less. It may be because of amicable settlement or death
of the woman or committed suicide by the woman or lack of evidence because the
offence is committed within the four walls of the home and most of the cases are not
reported to the Court of Law (National Violence against Woman Survey Report).
So it is concluded that this section is to safeguard the rights of the married woman as
guaranteed by the Indian Constitution. Though, Law Commission recommendations
made under 243rd and 237th Report there is no adequate proof that this section is misuse. It
is better not to amend the section 498-A. there are other means and ways if false cases are
filed by the victim. Under Criminal procedure code the magistrate can weed out frivolous
cases and he can also punish the victim for filing false cases.(section 200 of criminal
procedure code, 1973).
It is suggested that strictly laws must be implemented, so that false cases may not be filed.
It is the duty of the police officer to investigate the matter as soon as possible because it
is a family matter and it is highly sensitive issue, which may leads to death of the women
members. Counselling centre’s are to be created by the state government, so that the
families may not be broken which leads to juvenile delinquent.
References
1987, Az 395
Ahmad Siddique, A. (2007). Criminology. (5thed.). Lucknow: Eastern Book Company,
AIR 1981 SC
Anisette Sivalpraseda Rao V. St of A.P., 1994 CriLJ 1760.
Aqil-Ahmad, M. (2010). Law, revised by Prof. I. A. Khan, (23rded.). Central Law Agency.
Bammidi Rajamallu/Stat of Andhra Pradesh 2001 & Crlj 1319.
Batuk, L. (2010). The code of criminal procedure, (2nded.). Central Law Agency.
Dr. Ambedkar as pioneer for the upliftment of status of women by prof. S.S. H. Azmi, p.
191
Reddy G. B. (2009). Women and Law. (6thed.). Reprinted in 2009. Hyderabad: Gogia Law
Agency.
Ending violence against women to girls. Retrieved from
http://www.un.org/en/globalissues/briefingpapers/endviol/index.shtml
Gandhi B. M. (2008). Indian Penal Code. (2nded.). Reprinted in 2008. Eastern Book
Company. p.698.
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el II
Pan
Interpersonal crimes against Children and Youth
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33
A womb unknown:
The socio-legal complexities of surrogate child custody
Shubhangi Roy and Sankeerth Vittal
A contract for surrogacy is basically between 3 people, the genetic parents and the
surrogate mother, a contract to finally create a 4th person, the surrogate baby. The concept
is though well researched medically; there is limited literature on its sociological effect.
This paper tries to delve into the complexities of transnational surrogacy and the legal
complexities that it involves and more importantly the possible victimisation and
difficulties that a surrogate child might face.
This scope of child victimisation is trebled in cases of transnational surrogacy due to
the added dimension of conflicting domestic personal laws of different countries.
Countries like Australia prohibit surrogacy while U.S. has historically been the favourite
destination to seek willing brokers (infertility clinics and lawyer that specialise in surrogacy
cases) for facilitating successful surrogacy contracts.
However, over the last decade, outside of the United States, India is quickly becoming
the top destination spot for fertility tourists due to a number of interrelated factors creating
a “perfect storm” for a booming commercial surrogacy market. Beginning in the late
1980s, the United States stood virtually alone as the supplier of a wide array of
reproductive techniques with little regulation. India now provides the same opportunities
with the added attraction of lower costs.128 A couple looking for the option of surrogacy
might save as much as U.S $ 70,000 if they opted for India. Added to this the incentive of
relax legislation; it makes India the surrogacy haven.
Absence of such legislation may perhaps be a boon for parents seeking hassle free
procedures but results in the possibility of many hazards for the surrogate mother and the
child born. One child psychiatrist at Harvard Medical School recently stated that: "A
child conceived and born for the purpose of providing a baby for the father would view
itself as 'property.' . . . That child ... would perceive itself as 'different from the vast
majority of humanity” 129.
Another researcher explains how commodification of the child is a great concern in
such medical procedures. A feeling of abandonment and insecurity is another likely
experience for the new-born. Unlike the cases of egg donation, in case of a surrogacy, the
128
Vikrant Shetty, Surrogacy renting a womb, available at http://www.mightylaws.in/412/surrogacy-renting-womb
129
Hanley, Baby M Witness Cites Risks to Child Taken from Mother, N.Y. Times, Feb. 27, 1987, at 22, col. 5
SASCV 2013
foetus bonds throughout the nine months with the surrogate mother. “In most cases, such
mother already has a family of her own. There are two reasons for this: First, having a
child is considered proof of her fertility; second, by having had a child it is thought that it
will be easier for her to give up the new baby because the surrogate has first-hand
knowledge of what a child brings to a family.”130 In such cases, the foetus develops a
relationship with the family of the surrogate itself. It might develop a deep sense of
insecurity and fear of abandonment due to this experience of being forsaken at nascence.
Risk of lack of intimacy and absence of warmth in the crucial early years of the child
will be greatly increased in cases of transnational surrogacy due to conflicting or
ambiguous laws on citizenship and parentage of the country of origin of the contracting
couple. In the renowned Baby Manji case, the child was permitted to go to Japan only
after he had lived the first two years of his life in India.131 Absence of clear laws regarding
the parentage and citizenship of surrogate children, unlike laws of adoption, create greater
risk of alienation of such children.
Also, there exists a need to study the psychological impact of such surrogacy on the
existing children of the surrogate mother. In a particular testimony published by the
newspapers during the Baby M trials in the United States of America, a surrogate mother
confessed that her children hated her for abandoning their “little brother”132.
Ethnicity of the child is another problem that has to be contested. Those making the trip
to India are not just people of Indian descent who want a baby who resembles them.
Increasingly, they are white couples that have no problem with the idea of having brown
babies through traditional surrogacy or gestational surrogacy but with the egg of an Indian
donor.
Though India is an upcoming market with few children of an age to be suited for in-
depth study, three decades of scrutiny of IVF techniques in Britain has resulted in
recognition of the emotional maelstrom inherent in the creation of life. The result is that
not only do British doctors consider the scientific possibilities of having a child, but also
the impact of assisted reproduction on a child's emotional wellbeing, human rights and
racial identity. Just because you can do something does not mean you should, is the
maxim in Britain. The opposite appears to be the case in India133.
Of even more concern, say critics of India's unregulated IVF industry, is the way that
some doctors try to maximise profits by overdosing donors with hormones to stimulate
them. "The amount of drugs pushed into them is way above the recommended dose," says
Dr Puneet Bedi, a Delhi-based consultant obstetrician and gynaecologist specialising in
foetal medicine. "If guidelines say to give 10 shots, they'll give 20 to increase the harvest
130
Supra n.1
131
Baby Manji Yamada v. Union of India, W.P (C) N0. 369 of 2008
132
Matthew Tieu, Oh Baby Baby: The problems of Surrogacy,
http://www.bioethics.org.au/Resources/Online%20Articles/Opinion%20Pieces/1901%20Oh%20Baby%20Baby%20
The%20Problem%20with%20Surrogacy%20MT.pdf
133
Raekha Prasad, The Fertility tourists, The Guardian, International ed,30 July 2008, available at
http://www.guardian.co.uk/lifeandstyle/2008/jul/30/familyandrelationships.healthandwellbeing
168
A womb unknown
rate and optimise their conception rates. Because IVF is a completely commercialised
industry in India, it's all about delivering to whoever's paying, thus, even before a child is
born, it is being subjected to harmful chemicals and hormones which at the end of the day
lead to unimaginable consequences.134
Further, in an adoption, the mother is able to give the child up to an agency who then
finds parents who are best suited to take care of the child. With commercial surrogacy, the
child is often given to the parents who are willing to pay the most money to the surrogate.
Thus, in commercial surrogacy, there are no safe guards to see that a child gets the best
home available for it, leading to courts equating commercial surrogacy with taking
advantage of a woman’s financial distress in order to take her child135.
Yet amidst such great ambiguity, the trade of surrogacy flourishes. It further
encourages infertility clinics to formulate their on procedural guidelines and even indulge
in unscrupulous practices. The extent of this arbitrariness of these rules can be estimated
from the anecdotal information that one of the leading surrogacy clinic of the world,
located in Anand, extends the option of surrogacy to heterosexual couples with medical
complications but not homosexual male couples who suffer from a similar biological
handicap.
Thus, there exists an urgent need to regulate this mushrooming practise of commercial
surrogacy. However legislating on the issue is a knotty problem since it involves possible
tweaking and amalgamation of labour laws, Law of contracts, basic human right issues,
Family law, law of adoption, Law of citizenship etc. The next hurdle is the conflict of
personal laws of different countries.
The need of the hour is an international regulation in the form of a United Nation
Convention providing a framework within which the laws of the signatory countries
should be formulated. Indeed, the Special Commission on the Practical Operation of the
Hague Convention of 29 May 1993 on Protection of Children and Co-operation in
Respect of Intercountry Adoption noted the increasing incidence of international
surrogacy arrangements and “recommended that the Hague Conference should carry
out further study of the legal, especially private international law, issues surrounding
international surrogacy”136. A negotiation initiated at this time would perhaps be the most
effective instrument as domestic surrogacy laws in most countries are mere seedlings that
would eagerly absorb the international regulatory norms established. Even a mere
negotiation, if promptly initiated, would provide the nations with the basic expectations
and concerns that it needs to incorporate in their domestic laws.
134
Mahendra Kumar Singh, New laws to reign in ‘Womb business’, Times of India, Oct 31 2007, Delhi ed,
available at http://articles.timesofindia.indiatimes.com/2007-10-31/india/27963092_1_surrogate-motherhood-
surrogacy-childless-couples
135
Cara Luckey, Commercial Surrogacy: Is Regulation Necessary to manage the Industry?, available at,
http://hosted.law.wisc.edu/wjlgs/issues/fall_2011/luckey.pdf
136
Special Commission on the Practical Operation of the Hague Convention of 29 May 1993 on Protection of
Children and Co-operation in Respect of Intercountry Adoption, June 17-25, 2010, Conclusions and
recommendations Adopted by the Special Commission, ¶¶ 25-26, available at http://
www.hcch.net/upload/wop/adop2010concl_e.pdf
169
34
Child Victimization:
Victimization to Criminality as an example of child labor
Abhay Awasthi
Introduction
Child labors are the children who lack the development due to sharing benefit to the
other through his labor. There are situations when child labor comes in existence and
these situations develop from the victimization of the children. Whenever any sort of
social problem synchronizes with a child as social victim, it fabricates victimization of child
that may be other serious criminal activity or crime related problem. Child labor is an
example of this synchronization where multiple types of crime allied with it from early
stage to the end. Theory of crime development talked about the two types of offenders
and continuity of antisocial behavior across the age and situation. One type of offenders is
who begin antisocial behavior in early childhood and continue in life and other type of
offender begins in only adolescent age and discontinue in rest of life (Adler & et. all,
2000). Child faces victimization of these crimes at different stage and continuity of these
victimizations turn a child labor in child conflict with crime. This process of developing
criminal starts with drug addiction, petty crimes and concludes in a serious crime like rape,
murder, violence etc. There are more chances of continue antisocial behavior in life if
Children spend more time independently and live on their own earned resources with
regular victimization. Mostly all missing and runaway children are child labors who are
exempted from legal intervention of child labor. Poverty can be considered as single
reason of child labor but not the main reason of whole problem.
It is very common thinking among the parents that if they have more children means
they have more hands for earning. Although parents have not resources to bring up not
even a single child, they produce more children. Parents want to spend life on earning of
their children. These thinking of person are the main backup of increasing child labors and
still problem stay alive.
Due to industrialization, urbanization people who have not any own resources to earn,
start moving towards the cities in search of livelihood. Children of these families spend life
whether by working with the parent to help them or working separately to support family
or wandering on street till the parent could finish work. Some time, parent send children
in other cities to work and some time they work outside to his main residence. In both
cases the children moves towards the city where they become labors. At other hand,
factories and Industries need cheap and plenty labor to increase profit. Due to many
reasons like soft and small body part, long work time without complaining and can be
handled easily to take any work at any time, children suit their requirements (Molankal,
2008).
Child Victimization
Therefore this is the problem of children where we must have to stress on native
situations along with the concentration of children. We must have to again look the
problem from other side where child start or have to start labor. Punishment is the
ultimate deterrent measures but dissolving the cause of the situations owing to that
vulnerability has made, can be a total elimination of problem.
Aim
To find a better ultimate solution after feeling the gravity of these children’s
experiences and mental status at different steps of victimization as child labor by
interpretative understanding.
Methodology
The methods used are case study and case analysis as the primary and secondary source
of data which includes child labor cases of boys, cases of CWC, unstructured interview of
children and participatory unstructured interview of workers who are in touch with the
‘children’ from long time (‘Children’ who face early and regular victimization),
Participatory and Non participatory observation of process of reintegration and
rehabilitation of child labors and children in crisis on the street.
Experience and analysis

At early stage of a development after victimization child labor behave like Retreatism
and by the time they indulge in criminal/antisocial activity with neutralization feeling.
Neutralization not in the sense that what they are doing is correct but in sense that what
else they can do this is their life (Dharmendra, 2008).
Child as labor is the child development after victimization either primary or secondary
or as most serious abusive form of problem. Primary victimization is first time
victimization or victim of any direct deeds which effect his normal development,
protection, and survival’ like natural enormities, abuse, rape victim, trafficking,
kidnapping, death of parents, etc. Secondary victimization is second time victim for same
or direct victim of others’ victimization like domestic violence, alcoholism, corruption,
communal violence, Rape, Prostitution (Sex related crime), honor crime etc. Third level
victimization is where child is indirectly affected by the others’ decisions like restoration to
the family, divorce case, separation, institutionalization under welfare system etc. These
levels of victimization are not only due to how many time they victimizes while it is also
the level of effect as victim. Child victimization can be continuous by the time is Regular
victimization. And victimization come directly or through person is early victimization.
Dynamic and reciprocal causal chain of events supports a developmental perspective of
offending (Adler & et. all, 2000). Type of victimization, Time period and intensity of
victimization decide persistence of behavior whether as deviant or normal. There are
main two slabs of child labor. First when child work in knowledge of family on home or
away from home and other when child work without knowledge of family. One more
category where child works in knowledge of parent but get missed. The number of
171
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second and last category is so much high than the first. The condition of child labor out of
family knowledge is more serious and fatal. When child come out from family he had lot
of stress and positive thinking due to many reason, he become a victim of situations
created by parent or society. After that when he try to survive, he become the victim of
other crime as benefit to the others due to vulnerability. When he comes in welfare
system, he becomes the victim of implementation process and system created for the
protection of him. When he realizes and wants to go back in the family, he becomes the
part of punishment because till the time he does not get the compensation, he cannot go
back to family. And if due to some reason child do not want to go back his family after
coming in welfare system; the child has no option to be free. In last, child has to run away
from the institution and work for food and life. If children run away from home due to
dysfunction of family and social problem, they have no option to go in same atmosphere
where one is his parent was the reason of his departure from home. There are more
chances to leave home again and come in same life once again. Children never stay in
home or go back to family if they have to leave home more than 3 or four times. At early
stage of a life course they behave like ‘Retreatism’ and by the time they indulge in
criminal activity in which they have feeling of neutralization. Neutralization not in the
sense that what they are doing is correct but in sense that what other they can do, ‘this is
their life’. It starts with drug, pick pocketing, and sexual abuse and goes in different path
of crimes. They forms gangs for dominance in which they decide their own area, place of
living, use of money, protection of member, ways of survival, financial and instrumental
resource. This life concludes in two main ways whether they become criminal or
facilitator of the process as the family of same children who have only one future, “future”
of street children cum child labor.
Discussion and conclusion

Children as Child labor are just the start of failure of social and welfare system of any
society in the world. During the pre-independence period first time child labor prohibited
in law through Indian Factory Act 1881 and stress was on the age and time length of work
while after independence, a long journey of amendments has been made to elimination of
child labor problem and condition of work place was included in point of focus. After
appointment of Factory Commission in 1884, Gurupadswamy committee in 1979
recommended that it would be better to improve working condition of areas and
prohibited hazardous work instead of any attempt to eliminate child labor which is
unpractical. In result child labor (prohibition and regulation) Act 1987 was enacted. And
in 1987 The National Policy on child labor was adopted as action plan (Molankal, 2008).
The policy talked about the NCLP centre which is unfortunately impractical
implementation guideline. Since the policy adopted it couldn’t be implemented in proper
way till the date. NCLP covers merely six lakh children in 266 districts of India. After 25
years now it is again on the table of amendment (NCCL Report, 2012).
Some organization claimed that in past few years the numbers of child labor have
decreased. A child labor converts from labor to drug addict, street children, and beggar or
172
Child Victimization
conflict children or trafficked or in other problem or crime is not meant that numbers of
child labor are decreasing. It is occupying different extended form which is not considered
yet. There would be a stratified implementation policies in which level of implementation
must be assigned in different hands. The single point of intervention is not enough to
work out any social problem. Elimination of roles and responsibilities of
guardian/government from arraign would never strength the thinking of child friendly
atmosphere.
References
Adler, F., et al (2000). Criminology. New Delhi: Tata McGraw-Hill. pp.160-161.
Dharmendra. (2008). Sociology. New Delhi: Tata McGraw-Hill. pp.34-38.
Molankal, G. M. (2008). Child Labour in India: An Overview. Retrieved on 25/09/2012
from http://www.childjustice.org/wsecl/papers/Molankal2008.pdf
NCCL Report. (2012). Global March against Child Labor. Report of National consultation
on child labor in India; GMACL & Bachpan Bacho Andolan.
173
35
Reform of laws and institutions pertaining to sexual offences
against children in India
Anupam Jha
Introduction
Children are the hope of every country and laws on protection of children’s rights are
considered as fundamental to usher that hope forward. However, the data on sexual abuses
of Indian children tells a different story of a dumb society not willing to respond to their
needs. Sexual offences against children in India have been rising and the response of law
and institutions to protect children’s rights has been evolving one step forward and two
steps backward. As Indian Penal Code has become ineffective to protect children from
sexual abuse, the Parliament enacted a new law in 2012, namely, The Protection of
Children from Sexual Offences Act. This law is a hope for Indian children, substantial
chunk of who are sexually abused within and outside the family. National and State
Commissions for the Protection of Child Rights and Special Courts for Children are also
created to protect children’s rights. However, there is a need to reexamine the impact of
these laws and institutions on the aspirations of child rights advocacy groups and
institutions working in India. This paper is an endeavor to address the strengths and
weaknesses of the present law and institutions catering to the protection of child rights in
India. This paper is divided into three main issues; (i) problem based on actual data at
national and state levels; (ii) current laws and institutions; (iii) Socio-psychological issues
related to sexual abuse.
I. Data on Child Sexual Abuse

Child abuse constitutes all forms of physical and/emotional ill-treatment, sexual abuse,
neglect or negligent treatment or commercial or other exploitation, resulting in actual or
potential harm to the child’ health, survival, development or dignity in the context of a
relationship of responsibility, trust or power.137 The subject of child sexual abuse is a social
taboo in India and hence data collection on this issue is the most problematic one.138
Nevertheless, Indian Government conducted a rare official research and data collection on
137
W.H.O. adopts this definition, available on www.who.int/topics/child_abuse/en (last visited on 1 November
2012)
138
See the social problems related to sexual abuse of children generally in Asha Bajpai, Child Rights in India: Law,
Policy and Practice (2004), Pinki Virani, Bitter Chocolate (2000); S. Rai, Problem of Child Abuse in India (2012),
M.S. Bhattacharya, A Saga of Agony and Shame: Child Labour and Child Abuse in India and the SAARC Countries
(2007); S.C.Singh, Child Sexual Abuse and Exploitation in India: Perspective Frontiers and Legal Protection (2011);
Divya Bhardwaj, Child Abuse (2006); Bernard Gallagher, et al., International and Internet Child Sexual Abuse and
Exploitation (Research Report of Huddersford University, U.K.) (2006)
Reform of Laws and Institutions
Child Abuse, which was published in 2007.139 According to this study, sexual abuse is
defined as severe forms of sexual abuse, including assault, rape, sodomy, touching,
fondling, forcing a child to exhibit his/her private body parts, photographing a child in
nude, forcible kissing.140 Out of the total of 2211 respondents, 42% of the children faced at
least one form of sexual abuse or the other. Dispelling the earlier myth that girl children
are vulnerable to sexual abuse and such abuse is prevalent in joint family, this study comes
out with a finding that 48% of boys and 39% of the girls faced sexual abuse and such abuse
is prevalent not only in joint families but in nuclear families too.141 Majority of the abusers
were people known to the child and strangers were a minority. Another data collection
was conducted in the State of Goa in 2000 by a research team led by Vikram Patel of
London School of Hygiene and Tropical Medicine. 811 Class XI students were made
respondents comprising rural, urban, boys and girls. According to this report, a third of the
respondents had experienced some form of sexual abuse.142 Differences in risks were found
for urban and rural school students; while rural boys were more likely to have experienced
coercive sexual intercourse than urban boys (10.3% v2.5%), urban girls were more likely
to have experienced any form of sexual abuse than rural girls (37.2% v 25.4%). A similar
exercise was done by B.R.Sharma, and Manisha Gupta in the city of Chandigarh, where
they found that in majority of the cases, child sexual abuse goes unnoticed and unreported
on account of the innocence of the victim, stigma attached to the act, callousness and
insensitivity of the investigating and law enforcement agencies. A child who is sexually
abused is traumatized for life but it is only much later in life that such people seek medical
help.143According to latest National Crime Records Bureau data, rape against juveniles
increased from 399 in 2001 to 858 in 2010.144 Molestation and sexual harassment increased
from 380, 105 respectively in 2001 to 546, 174 in 2010.145
II. Laws and Institutions to prevent Child Sexual Abuse

After the recent passage of a special law on child sexual abuse by Indian Parliament,
namely, The Protection of Children from Sexual Offences Act, 2012, the laws and
institutions in India have been given complete overhaul. Earlier, the Indian Penal Code,
1872 did not recognize sexual abuse of boys. Only offences against minors could be
punishable. Sexual abuse not amounting to rape, for example, groping, harassment,
fondling, touching, use of children for pornography were not punishable even against girls
except ‘outraging the modesty of a woman’. The new Act defines a child as any person
139
Ministry of Women and Child Development, Government of India Report on ‘Study on Child Abuse India 2007’,
available on wcd.nic.in/childabuse.pdf (last visited on 2 November 2012)
140
Ibid, p. 73
141
Ibid, p. 74
142
Vikram Patel, Gracy Andrew, Gender, Sexual Abuse, and Risk Behaviours in Adolescents: A Cross Sectional
Survey in Schools in Goa’, 14(5) National Medical Journal of India (2001) 263
143
B.R.Sharma, Manisha Gupta, ‘Child Abuse in Chandigarh, India and Its Implications’, 11 (5) Journal of Clinical
Forensic Medicine (2004) 248
144
Annual Report of National Crime Records Bureau (2011), Table 10.2
145
Ibid
175
SASCV 2013
below the age of 18 years and it penalizes a broad range of sexual crimes such as non-
penetrative sexual assault, sexual harassment etc. The legislation is also marked by the
introduction of special procedures to prevent the re-victimization of children at the hands
of an insensitive justice delivery system. These include measures for establishing special
courts, recording a child’s evidence, for protecting his or her identity, and for providing
children with assistance and expertise from professionals in the fields of psychology, social
work, and so on. To provide for relief and rehabilitation of child, as soon as the complaint
is made to the Special Juvenile Police Unit (SJPU) or local police, these will make
immediate arrangements to give the child, care and protection such as admitting the child
into shelter home or to the nearest hospital within 24 hours of the report. The SJPU or
the local police are also required to report the matter to Child Welfare Committee within
24 hours of recording the complaint, for long-term rehabilitation of the child. The
National Commission for the Protection of Child Rights (NCPCR) and State
Commissions for the Protection of Child Rights (SCPCR) have been made the
designated authority to monitor the implementation of the Act.
III. Socio-Psychological Issues Related to Child Sexual Abuse

Despite a bold attempt in reforming laws and institutions by the Indian Parliament, its
society considers child sexual abuse as a very private matter which should not be disclosed.
According to one author, there is a conspiracy of silence. ‘Khandani Izzat’ (family honor)
prevents the family members from breaking the silence, especially in the cases of girl
sexual abuse.146 Parents in India tend to view their children as their property and not as
human rights bearing individuals.147 Lack of child education also contributes to silence.148
Children cannot communicate their problems in front of police, court and investigation
agencies. Second issue is related to the matter of rehabilitation and reintegration of the
Child after sexual abuse. Often, the abused child finds himself/herself unable to reintegrate
within the society unless either the accused is punished or he is relocated. Another issue is
the child marriage before the age of 18. In India, many children are married before they
attain the age of 18 and hence the new law seems anomalous as no marriage can be
consummated without sexual intercourse. Consent for marriage before 18 is regarded as
irregular and not void. But the new law has imposed blanket ban on sexual association
with the persons below 18.149 These anomalies must be removed as the prevailing societal
realities do not conform to the aspirations of the Indian Parliament.
146
Pinki Virani, Bitter Chocolate (2000) at p. 39
147
Erica Dahlstorm, The Global Problem of Child Sexual Abuse and Exploitation (2007), at p. 14
148
Ibid.
149
Bachpan Bachao Andolan v. Union of India (2011) 5 SCC 1; Abbas Hussain v. Govt (NCT of Delhi) (Crl. A
291/2011); Childline Foundation v. Allan John Waters (2011) 6 SCC 261; Sakshi v Union of India (2004) 5 SCC
518
176
Reform of Laws and Institutions
IV. Suggestions
• To establish national, state, district, talk helpline number for the target group of
children has become very important,
• To enroll every child in the school and prevent drop outs,
• Age of consent should be lowered to sixteen years,
• Parents and the victim must be rewarded for reporting the abuse cases,
• Rehabilitation homes should be well equipped with basic amenities and
educational facilities,
• Legal aid should be provided to the poor children, and
• Pedophiles should be given medical-psychiatric treatment.
177
36
The reasons why children and youth commit crimes
Aranee Vivatthanaporn
In the night of 27th December 2010, the defendant was a 16-year-old girl. She was a
youth who drove car with a speed higher than one specified by law. The defendant acted
in negligence, without precaution that people shall have up normal nature and conduct.
While driving, the defendant changed lanes too frequently. As a result, her car collided
with a public van. Losing its balance, the public van was whirled, bumped into edge of
toll way and turned over. The van driver and passengers were bounced off from the van
and fall on the ground. 9 persons were killed and some were seriously injured. Many
qualified people were lost because of this accident. It was so difficult to remedy the loss.
From the above case is not really about the negative effects of bad parenting and global
culture at all. Instead, your example is actually about privileged children getting off being
punished or having to pay anything because their parents can use their advantaged
positions, and their power and influence, to corrupt the judicial system to protect their
children no matter how bad the behavior of their children. And such privileged children
would likely have escaped punishment 50 years ago in Thailand too, just like in the ‘van’
example now. Whereas, unlike Thailand, privileged children in the EU, US or Australia –
whom you should note are also influenced by global culture, just like privileged children
in Thailand – are likely to be subject to same treatment by the justice system as children
from less privileged backgrounds in the EU, US or Australia.
Of course, that claim is not exactly true either, because for example, black youth in the
EU, US or Australia are often not treated the same by the judicial system as white
Western youth. In summary, your ‘van’ example shows that socio-economic disadvantage
and the gap between rich and poor families cause juvenile delinquency and this is made
worse in Thailand by a corrupt judicial system which is open to influence and interference
by powerful individuals. The same problems arise in Russia and India. It might be
interesting to compare your case study of the ‘van’ with a possible parallel case study of
accidents caused by underprivileged youths holding motorbike races on the motorways of
Bangkok during the night. Nowadays, technology has many positive aspects but, in the
wrong hands, it can become dangerous. Technology is a value tool but is somewhat
misused by today’s teen. The two main forms of technology affecting teenager’s cell
phones and the Internet have brought about major changes in our lifestyle. This
technology has allowed teens to have inane communications and in doing so, contributes
to the dumping down of society. We spend more time corresponding with our friends on
cell phone and the internet than we do working or participating in activities which
The reasons why child and youth commit crimes
expand and challenge our minds. As a result, personal/social interaction and the related
moral and family values have suffered a setback.
In a society which encourages both parents to work outside the home and too much,
that means providing a better and more comfortable life. When both parents work too
much, they usually have less time for their children. They forgot that what matters more
to kids is when their parents show interest in them.
During the evolution of human species, it would have been the babies who stayed
close to their mothers who would have survived to have children of their own and Bowl
by hypothesized that both infants and mothers have evolved a biological need to stay in
contact with each other. These attachment behaviors initially function like fixed action
patterns and all share the same function. The infant produces innate “social releaser”
behaviors such as crying and smiling that stimulate care giving from adults. The
determinant of attachment is not food but care and responsiveness. Bowl by suggested
that a child would initially form only one attachment and that the attachment figure acted
as a secure base for exploring the world. The attachment relationship acts as a prototype
for all future social relationships so disrupting it can have severe consequences.
What are the Causes of Juvenile Delinquency?

Understanding the causes of juvenile delinquency is an integral part of preventing a
young person from involvement in inappropriate, harmful and illegal conduct. Four
primary risk factors can identify young people inclined to delinquent activities: individual,
family, mental health and substance abuse. Often, a juvenile is exposed to risk factors in
more than one of these classifications. In this case delinquent activities are:
Family
Effective Parenting Styles
1. Child neglect less support and less control: neglected children expected less support
and more conflict from mothers in response to displays of negative emotion and
reported that they were more likely to attempt to inhibit the expression of negative
emotion.
2. Authoritarian-traditional: This parent values obedience. Commanding the child
what to do and what not to do, rules are clear and unbending. The parent pours
the “right” information into the child who is considered an empty vessel.
Misbehavior is strictly punished. This child is less self-confidence aggressive, less
creative
3. Permissive-liberal: supportive but with less control. Children are encouraged to
think for themselves, avoid inhibits, and not value conformity. Parents take a
“hand-off” approach, allowing children to learn from the consequences of their
actions.
4. authoritative-democratic : more support combined with more control
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SASCV 2013
Family factors which may have an influence on offending include: the level of parental
supervision, the way parents discipline a child, particularly harsh punishment, parental
conflict or separation, criminal parents or siblings, parental abuse or neglect, and the
quality of the parent-child relationship.
Children brought up by lone parents are more likely to start offending than those who
live with two natural parents. It is also more likely that children of single parents may live
in poverty, which is strongly associated with juvenile delinquency. However once the
attachment a child feels towards their parent(s) and the level of parental supervision are
taken into account, children in single parent families are no more likely to offend than
others. Conflict between a child’s parents is also much more closely linked to offending
than being raised by a lone parent.
If a child has low parental supervision they are much more likely to offend. Many
studies have found a strong correlation between a lack of supervision and offending, and it
appears to be the most important family influence on offending, When parents commonly
do not know where their children are, what their activities are, or who their friends are,
children are more likely to truant from school and have delinquent friends, each of which
are linked to offending. A lack of supervision is also connected to poor relationships
between children and parents. Children who are often in conflict with their parents may
be less willing to discuss their activities with them.
Prevention
• Therefore every parent must pay attention and take good care of descendant. They
should be educated and learned all aspects including rules and regulations of society,
right and duty they should have, disciplinary, living a quality life and focus on
spiritual value more than material value.
• Qualities that parents can intentionally role model include: honesty, integrity,
compassion, dependability, high standards and values.
• John Bowlby believed that the relationship between the infant and its mother
during the first five years of life was most crucial to socialization. He believed that
disruption of this primary relationship could lead to a higher incidence of juvenile
delinquency, emotional difficulties and antisocial behavior.
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37
Child sexual abuse: A malady that lacks alleviation
Argha Kumar Jena, Biswadeep Ghosh and Tanusree Kar
The advent of technology in that of the streetwise world is something that has often
proved to be a menace. One of the instances is when Child Sexual abuse via the
unstoppable force of “Internet” attains a titanic form. As it is said, when we see children
playing near adults, we tend to worry less about the desirable result. This fear has been
existent since children began playing stickball on urban streets or kickball on suburban
playgrounds150.But little is apprehended that how the blooming flowers of innocence acts
as bait to the rat like pedophiles and online child sex offenders and letting the same fear
now exist in an evolved form wherein it animates the discussion of children’s growing
proximity towards the virtual world151. Taking into consideration the present scenario of
the society and its phase as per the domain of the referred menace, all that this
“civilization” requires is a “Rattrap” for such reluctantly abhorrent rats.
The requirement of such “Rattraps” is what forms the objective of this presentation.
There exists a multiplicity of forms of Child Sexual Abuse. As far as domain of the web-
media is concerned the former along with its ironically updated operators, who reluctantly
and pathetically use their developed skills to such a misuse which comply in toto with the
Theme of this paper. There has always been a pedantically proven and practically
witnessed fact that these kind of users including pornographers were always amongst the
first to recognize and exploit the potential of each new wave of communication
technology, which in this case in the “Internet”152. As is the case that by the late 1980s,
150
See Robin Fretwell Wilson, Children at Risk: The Sexual Exploitation of Female Children After Divorce, 86
CORNELL L. REV. 251, 259-62 (2001) (noting the stereotypical image of child molesters as "strangers in trench
coats" loitering near school yards despite the fact that such men could not account for the 1 to 3 million cases of
child sexual abuse that occur each year). Two recent examples illustrate the visceral concern that arises when adults
gravitate to children's play areas. In 2007, a California court ordered Jack McClellan, a self-described pedophile, not
to come within ten yards of any place where children congregate. Robert Jablon, Order Targets Self-
DescribedPedophileA, SSOCIATED PRESS, Aug. 24,2007. McClellan raised suspicion after authorities discovered
his website discussing his interest in young girls, replete with photos of children in public places. Id. In the second
case, a twenty-nine-year-old convicted pedophile posed as a twelve-year-old and enrolled at a local middle school.
Amanda Lee Myers, Sex Offender Pleads to 7 Criminal Charges, ASSOCIATED Press, Sep. 11, 2008. Authorities
eventually arrested him for fraud and possession of child pornography. Id.
151
See Megan Twohey, Kirk: Second Life Dangerous to Kids, Says Online Network is Vulnerable to Predators,
CHI. TRm., May 6, 2008, at 2, available at http://archives.chicagotribune.com/2008/may/06/news/chi-online-
predator-alert-06-mayO6 (noting that the rapidly expanding virtual world of SecondLife poses a risk for children).
Before the advent of social networking sites, concerns about the risks to children playing online focused on chat
rooms and pornography.
152
Johnson 1996
SASCV 2013
pedophiles and child pornography enthusiasts were among the most experienced and
knowledgeable members of the computerized communication world, so they were well
placed to benefit from the many technological leaps of the next few years153.
Adult Pornography is a section wherein the adults (as ascertained by the prevailing Law
of the land) consents to engaging themselves into sexual activity and at the same time
consents the audio-visual recording of the same, which is later circulated often for
commercial purpose. It is the matter of such “consent” wherein the question of “Sexual
Abuse” in relation to “children” comes in the very forefront. In this context it is a
mandate to covey that the Children as per their “natural conscience” which might also be
a synonymy to “maturity” cannot consent to their abuse be it physical i.e. engaging them
into sexual activity, as well as pictorial wherein they are photographed in occasions of
nudity and in several sexual context. Therefore, undoubtedly child pornography by
definition is abusive and coercive. Every depiction of sexual intercourse with real children
is considered to be molestation, which is by far a criminal act. Liberal democracies take it
upon themselves to protect third-vulnerable parties, and children are perceived as worthy
of protection against adult abuse. Therefore the element of “consent” aids in ascertaining
what is an “offense” in the aforementioned context.
Pertaining to what has been indicated above, the former triggers the discussion to the
elephant in the room. The age of consent for engaging into sexual activity differs from
one country to another. In the England, the age of consent is sixteen. In Canada, it is
between sixteen and eighteen years of age. In Australia, the criminal code speaks in favour
of young people under the age of sixteen. In some US states (i.e. Indiana, Iowa), the
specified age is fourteen. Thus a universal age for consent to pornography in order to
prohibit Child Sexual Abuse is visibly absent. This however proves to be another
opportunity for the rats. These abusers and pedophiles reluctantly enough take advantage
of circulating these pornographic pictures and videos across the globe, at the same time
escaping from the so called “prohibitory laws” which suffer from unevenness as far as the
international perspective is concerned.
The creators and the current operators of the Virtual world and its array of easy
communication levels have responded to the acute possibility of child exploitation with a
variety of approaches. Firstly, compartmentalizing the end users by the element of “age”.
Secondly, by providing age restrictions on admission and also imposing restrictions on
sexual act which involves a child-like avatar, known as “age play”154 However, sadly
enough not all of the websites use the all or any of the protective or rather restrictive
measures but most of them take recourse to one or more155. For example, Linden Lab, the
creator of Second Life, responds to the risks to children by using all three approaches.
153
Jenkins 2001, p.47
154
See infra notes 41-52 and accompanying text (discussing the efforts of virtual worlds like Second Life
and The Sims Online to restrict access to minors).
155
See Fairfield, supra note 11, at 1233-39 (discussing the various filtering technologies employed by virtual world
designers). Some virtual worlds screen for illicit content. For example, Dotsoul provides a PG-rated world that
prohibits anything sexual on-world, as does their There, which minors can access if their parents register them.
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Child sexual abuse
The type of all other offences involving that of “virtual sex” over the webcam, and
also its two types and their elaboration is abundantly dealt with in the main paper. The
differences in various terminologies used in the circulation and usage of such illicit and
sexually abusive material is aptly described and elaborated. For example, the difference
between “child erotica” and “child exploitation material” has been incorporated along
with several other terminologies that find relevance in such context. Also all other child
sexual offences that are possible over the Internet is also aptly dealt with in the main paper.
Coming to what we’ve referred in this paper as ironically potential “Rattraps”, the
previous campaigns that have been held in order to address the menacing issue referred
hereto is elaborated. For example, Sisyphean struggle against the online child sex
offenders. Apart from what steps have been taken and what steps according to the
perspective of the students should be taken is put forward in the form of an empirical
study in this paper. Therefore, having given a bird’s eye view on what the whole paper is
going to explore and try to renovate the issues along with the potential remedies along
with relevant suggestions is promised to be delivered in this very paper.
Dotsoul, http://www.dotsoul.net (last visited Sept. 29, 2009); There, http://www.there.com (last visited Sept. 29,
2009). Because this Article addresses the risks to children playing in spaces not intended for them, it does not
consider this method of protection.
183
38
Rights of the children of armed conflict in Kashmir
Asma Jan
Introduction
When we talk of Kashmir conflict, we get entangled with many issues and every
issue needs proper treatment and the will for resolution of its long standing sufferings
and grievance. Kashmiris have been victims of the oppression for the sins which they
have never committed. As Kashmiri population in general has been suffering in one or
other way due to the on-going conflict from more than two decades now. From
beginning of the Kashmir conflict, gross Human rights abuses were reported in
different forms be in the form of innocent killings, enforced disappearance, detentions,
torture, fake encounters, Half Widows, Widows, Orphans, Rapes, Molestations, etc.,
and more tragically there has hardly ever been any accountability from the state
institutions against the perpetrators of abuse.
Although every section of Kashmiri society irrespective of gender, age, etc..., has
been affected due to violence but here author specifically would like to bring in to
the discussion, the Plight of Kashmiri Children who are also known as the “Children
of Conflict”, as they are born and grown up under the shadow of fear and terror in
the conflict ridden valley which people thought as the paradise on the Earth and now
has become the world’s most beautiful Prison. Children of Kashmir have been always
silent victims of oppression by different means and they do not grow up with good
moments of childhood but with the memories of crying and wailing of people for their
lost dear ones.
In Kashmir, Children are not the victims of orphan hood only but from last few
years, minors of this region are being victimized by means of imprisonments and illegal
detentions and the worst thing is that these children, mostly school going are also being
slapped by the state draconian laws like the infamous Jammu and Kashmir Public Safety
Act (PSA) of 1978.Moreover, these children are detained at different detention centers
with adult Prisoners, as no juvenile homes are found in Kashmir and these Juveniles are
tried in adult courts.
Statement of the problem

According to the different sources, right from the beginning of the insurgency in
Kashmir in 1989 there have been many reports of gross human rights violations taking
place with the Kashmiri detainees be the adult or minors in different state detention
centers. There have been the reports of illegal detentions, Slow trials and even no trials,
over-crowded jails, incidences of torture, lifelong Physical disabilities caused by the
Rights of Children of Armed conflict in Kashmir
beating, interrogation and inhumane treatment by the prison authorities, in humane

living conditions, objections for family visits to prisoners, non implementation of legal
aid, detentions on fabricated grounds, Prolonged detentions, detentions under draconian
acts, custodial disappearance, custodial deaths and many more such issues.
One of the, a report issued by the Research Section of Kashmir Media Service, states
that, “Indian troops and police personnel martyred 452 children from January 2000 till
May 31, 2011 and the killing by the paramilitary forces have rendered 107,418 children
orphaned since 1989” (Kashmir Media Service, 2011)
Above all there is neither any implementation nor any concept of international
instruments like International human rights law, international humanitarian law and
others with respect to Kashmiri detainees and as a result even both minors along with
adults are languishing in jails under inhumane conditions.
Literature Review
As Kashmir witnessed to the massive uprisings from last few years in the form of
Protests and demonstrations by the people of Valley and the human rights scenario got
further aggravated. As per the reports in Greater Kashmir of 22 March 2011, According to
the official statistics 5255 persons including 799 students were arrested across the state for
allegedly resorting to stone pelting between January 1, 2010 and February 28, 2011
including 4,982 from Kashmir only.
The report also reveals the official press release that, 554 persons were detained under
PSA in Jammu and Kashmir from January 2008 to August 2009 and 322 persons detained
under PSA from January to September 2010.
In the words of a report by (International Human Rights Association of American
Minorities, 1990) that says,
“Constant disturbances in the valley have changed the entire life pattern of inhabitants,
especially children. The entire concept of childhood has undergone a radical change in the
valley. The children do not go to kindergarten or learn nursery rhymes or play with the
toys, as normal children would do. Neither are they brought up under the loving tender
care of their parents in a free atmosphere. Instead their memories of childhood consist of
an atmosphere surcharged with fear, terror, constant violence, unrest and constant
insecurity ".
Although there are not many studies done on the Children of Kashmir with respect to
the conflict but few of the studies that have been conducted in recent years shows the
pathetic conditions of the Kashmiri Children. According to a study (Dabla, 2012), the
conflict situation for 20 long years has played havoc with the past and endangered the
future of children. They have suffered in all fields, especially education, health, economy,
culture, family life and so on. The study further revealed that six prominent groups of
children have emerged in Kashmir who can be called ‘prime victims of violence’. (i)
Orphaned children [estimated number 97,800]; (ii) Disabled children [2,000 – 3,000]; (iii)
Mentally deranged and Physically diseased children [about 3,000]; (iv) Children of
185
SASCV 2013
compromised-surrendered militants [6,000 – 10,000]; (v) Children of imprisoned-LOC

youth [4,500 - 5,000]; (vi) Child victims of violence [in thousands].
Another Study done by the Asian Centre for Human Rights bought out a report
Juveniles of Jammu and Kashmir: Unequal before the Law & Denied Justice in Custody.
The report came up with stark revelation on the grim human rights situation in the state,
the fact finding report says that the juvenile justice system is rotten and needs a complete
overhaul. It states how young children, boys and girls are treated almost like adult
criminals (Asian Centre for Human Rights, 2011).
A Case of Child Detention

Here, author will state only one case of Child detention without going into more
details. The extent up to which the state can go may be understood by the fallowing case
of a minor, (Greater Kashmir, 2012) reports about the detention a minor. The 12-year old
named Faizan Sofi, a 6th class student was arrested by Jammu and Kashmir Police for
waging war against India?
Pointing towards the authorities, on the detention of Faizan, Director of Human
Rights Law Network, Colin Gonsalvez said; “How can you book a 12-year old youth for
waging war against India? How can you book him on such a severe charge when he is just
holding a stone in hand? He cannot wage the war by pelting a stone. The maximum stone
can do is that it can cause damage.” As Faizan was arrested and was subsequently booked
under harsh sections of Ranbir Penal Code and Crpc: section 121 (waging war against the
State), 307 (attempt to murder), 147 (rioting), 148 (rioting, armed with deadly weapon),
149 (member of unlawful assembly), 152 (assaulting or obstructing a public servant when
suppressing riot), 427 (mischief causing damage) and 435 (mischief by fire or explosive
substance with intent to cause damage).
State Draconian Acts

Jammu and Kashmir Public Safety Act (PSA) 1978
The Act promulgated in 1978 (Amended in 1987 and 1990) empowers the State
government to detain a person without trial for two years under the pretext of
maintenance of public order. The Act fell short of the recognized norms of justice, such as
equality before law, the right of the accused of appearance before a Magistrate within 24
hours of arrest, fair trial in public, access to counsel, cross examination of the witnesses,
appeal against conviction, protection from being tried under retrospective application of
law, etc. Even the provisions of the Act, though already unsatisfactory, have been
consistently violated. The detainees are not informed of the reasons of their arrest and they
are kept in custody for a much longer period of time than stipulated in the Act.
Juvenile Justice Act 1997

Juvenile Justice Act was introduction in 1997 in the State of Jammu and Kashmir but
this act has been very much criticized since its inception. This act apart from putting the
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Rights of Children of Armed conflict in Kashmir
delinquent s on trial in normal courts but the J&K Juvenile Justice Act also recognizes the
boys less than 16 years old as minors while under central law, the age of a juvenile is 18.
Other Legal Instruments

There are number of legal Instruments available for the Children both in the
Indian Laws as well as in the International laws that guarantees rights of Children in
General and in during the conditions of Armed Conflicts in Particular. Few of these
instruments are:
• Indian Constitution
• International Humanitarian Laws
• International Human Rights Laws
• The United Nations Convention on the Rights of the Child
• United Nations standard minimum rules for the Administration of Juvenile Justice
(The Beijing Rules), 1985.
• United Nations rules for the protection of Juveniles Deprived of their Liberty,
1990.
References
ACHR. (2011). Juveniles of Jammu and Kashmir: Unequal before the Law & Denied Justice in
Custod . New Delhi: Asian Centre for Human Rights.
Dabla, B. A. (2012). Protect child rights. Kashmir Life. Retrieved on 21st October, 2012
from http://kashmirlife.net/protect-child-rights/
Greater Kashmir. (2012). Faizan detention triggers cry for child rights in JK. Retrieved on
21st October, 2012 from http://www.greaterkashmir.com/news/2012/Sep/2/faizan-
detention-triggers-cry-for-child-rights-in-jk-33.asp
IHRAAM. (2012). The children's situation in Jammu & Kashmir occupied by India.
United Kingdom: DOI: International Human Rights Association of American
Minorities, 1990. Retrieved on 21st October, 2012 from
http://www.crin.org/docs/resources/treaties/crc.23/India_IHRAAM_ngo_report.pdf
Kashmir Media Service. (2011). Men in uniform continue to victimize Kashmiri children.
Retrieved on 18th December, 2011 from http://kmsnews.org/archives/news/men-
uniform-continue-victimize-kashmiri-children
187
39
Representing Child Victims of Crime (in Criminal Court) –
Giving the victim a voice
Dana Pugach
Introduction
The legal struggle against the sexual abuse of children, as well as other serious offences,
is of international concern. The growing awareness has meant that more children are
involved in criminal proceedings, often as witnesses for the prosecution. However, this
involvement may come at a price and the problem of secondary victimization of child
witnesses is particularly poignant, as is the problem of exercising their rights. Listening to a
child victim's wishes is a complicated and delicate area, often best served by a middleman - a
specializing lawyer.
Based on the assumption that a child victim's voice should be heard and that his
interests should be taken into account throughout the legal proceedings, the presentation
will introduce the benefits of an independent legal representation of child victims throughout the
legal process, as the best way to serve these goals. The presentation will use comparative
law (including international tools) and will refer to the vast knowledge gathered in the
Noga center in eight years' experience in representing child victims of serious crimes.
The Presentation
Background:
Victims' Rights as independent rights and the Noga Center: Listening to the victims is
a major concept of the ‘victims’ revolution’ which has taken place over the last 30 years,
changing concepts of criminal law. The Noga Legal Center for Victims of Crime was
established in order to offer legal advice and representation to victims of serious crimes, to
educate professionals, to promote legislation and to raise awareness in Israel of the needs of
the victims.
The special problem of child victims and witnesses, particularly victims of

sexual offences/violence:
Child victims (especially those of sever crimes, i.e. sexual offences) suffer from
particular difficulties, in the legal system as well as elsewhere. The child can’t exercise his
own rights, more often than not he has been harmed by a relative/parent/friend of the
family, which makes the situation complicated and the support of adults’ uncertain, and
even the older child may need help in order to understand proceedings and their meaning
(including the repercussions of closing the case).
Representing Child Victims of Crime
The law: Israel: Victims of Crime Rights Act, 2001

S. 4(a): Adapting rights of children: ‘…considering his age and his capacities, and in
light of the CRC’s principles’
Key issues that exemplify the difficulties children face at every stage of the legal
process
I. The right to be heard (which includes the right to be informed and considering
children's views)
II. The right to safety and to be protected from harm
III. The right to privacy
IV. The right to compensation/restitution (VIS)
International standards 1989 – The UN Convention on the Rights of the Child.

Key principles: Benefit of the child, right to participation, evolving capacities.
Guidelines on justice in matters involving child victims and witnesses of crime,
2005
The solution in Israel – special child interviewers and the children do not have
to testify.
The Israeli experience with testimonies of children in criminal proceedings has been
vast and unique, as the testimony is introduced to the court via a mediator, an expert who
interviews the child and records the interview. The result of this advanced system is that
many more cases of child victims are brought before the courts, and while not all victims
have to testify in person (and hence be subjected to the possibility of a 'secondary
victimization').
The benefit: most children do not testify in court.
The cost:
1. No cross examination.
2. A corroborative evidence is required when the child doesn’t testify.
3. If he is not allowed to testify, the case may be closed for lack of evidence.
4. This solution only helps during the trial itself but all the other problems of the
child witness do not get solved.
The suggested solution in this presentation: (based on our experience at the Noga
Center): independent legal representation: A. Legal representation. 2. Guardian Ad
Litem. Overview, pros and cons.
The presentation will introduce the benefits of an independent legal representation of
child witnesses throughout the legal process, as an answer to the unique problems the
children are facing, using comparative law and examples from our experience in
representing children and throughout the different stages of the criminal justice system:
• Pre-trial (during police investigation etc.)
189
SASCV 2013
• Trial (emphasizing issues that are related to testifying, plea agreements, disclosure
of private materials etc.)
• Post-trial (restitution, restriction orders, protecting privacy, etc.)
The lawyer's role:

• Represent the child’s interest in pleas
• Insist on a thorough investigation
• Ask for special measures (including a delayed/early court appearance)
• Appeal against closure of cases
• (safety, privacy, compensation and restitution)
B. The difference between a lawyer and a Guardian Ad Litem

In those cases where a parent is the offender or the parent is incapable of making
decisions, a lawyer may not be enough and there may be a need for making decisions for
the benefit of the child, even if in conflict with his own wishes. Appointing a GAL is the
solution as the GAL is responsible to the court and not to the child’s parents. However, it
is a costly and complicated procedure that puts a lot of responsibility on the appointed
lawyer.
C. A partial solution regarding compensation/restitution: appointing a lawyer to

handle the money for the child, with the court’s supervision.
References
UNICEF. (2012). Child Friendly version of the guidelines. Retrieved on 22nd June, 2012
from http://www.unicef.org/voy/media/Document.doc
Pugach. D. (2012). "Are We Over-Protective? A Comparative Critique of the Israeli
Criminal Justice Approach to Child Witnesses", ch. A, B, E. Retrieved on 10th June,
2012 from
http://www.noga.org.il/index.php?type=get_page&page_data%5bid%5d=9539&page
_type=1&cookie_lang=en&the_session_id=f2b51d9b8db1a95c071b1fd6f347af36
The Economic and Social Council. (2012). Guidelines on Justice for Child Victims and
Witnesses of Crime, The Economic and Social Council, UN. Retrieved on 10th June,
2012 from http://www.cnpcjr.pt/preview_documentos.asp?r=2182&m=PDF
UNODC. (2012). Model law and training modules: Justice in Matters involving Child
Victims and Witnesses of Crime, United Nations Office on Drugs and Crime, Vienna
(Published by the UNODC, 2009-2010). Retrieved on 3rd July, 2012 from
http://www.unodc.org/documents/justice-and-prison- reform/Justice_in_matters.pdf
190
40
Violation of the rights of children living in a slum setting
Harshita Harshu
A child is a human between the stages of birth and puberty. The legal definition of
"child" generally refers to a minor, otherwise known as a person younger than the age of
majority. It is however defined as any person under the age of 18 years in the ‘Juvenile
Justice (Care and Protection of Children) Act, 2000’.
According to UN Convention on the Rights of the Child, 1959 a child means every
human being below the age of eighteen years unless under the law applicable to the child,
majority is attained earlier.
Children's rights are the human rights of children with particular attention to the rights of
special protection and care afforded to the young,[1] including their right to association
with both biological parents, human identity as well as the basic needs for food, universal
state-paid education, health care and criminal laws appropriate for the age and
development of the child.
Statement of the Problem

On 29th April, 2010 the Municipal Corporation of Delhi accepted before the Supreme
Court the fact that nearly half of million Delhilites live in slums, JJ clusters and
unauthorized colonies. This acceptance by the MCD reveals the pathetic condition of
people living in the slums of the city.
A slum in India is defined as 'a cluster inside urban areas without having water and
sanitation access'. Slum children are those who live in conditions far below human
standards. Their stomachs are barely filled with food and they hardly get a healthy
environment to live in. The children hardly go for school as they have to earn breads for
their families. Nothing called hygiene shows existence in their lives and thus there is a
clear difference among the slum and non slum dwellers and thus every second children are
abused and deprived of their very basic rights of education, nutrition and hygiene. Thus
the study was taken up to identify the rights of the children and thereby find out ways and
means to help the children to be benefitted by the rights bestowed on them under the
Constitution of India. The fundamental rights of education and protection of life and
liberty are to be focused more in the study as these are the two basic rights required by the
children. The children should be ensured that they get these rights. Now even The Right
to Free and Compulsory Education has been enacted in the year 2009 but still the children
of the slums remain uneducated and out of school indulged in all kinds of jobs they can
find to earn themselves a living.
SASCV 2013
The study aims at answering the following research questions:

1. What is the present living condition of the children in the slums?
2. What are the rights denied to the children living in the slums?
3. Are the parents aware about their children’s rights?
4. What is the role played by the NGOs working for the upliftment of the children?
5. What measures can be taken up to improve the condition of the children in the
slums?
Objectives
• To identify the rights denied to the children living in a slum setting.
• To study the attitude and awareness of the parents of children living in a slum
setting.
• To study the role of NGOs in the upliftment of children living in a slum setting
• To suggest some measures to improve the condition of children in the slums.
Locale of the Study

The locale covers the ‘National Capital Territory of Delhi’.
Universe
The Universe of the study constitutes of the children, their parents residing in the
slums and the NGO workers working in the slums located in different areas of Delhi.
Research Design
Exploratory Research Design.
Sampling
Random Sampling for the slums was done and from every slum children and the
parents were selected using the convenience method. Expert opinion was taken from the
experts in the field. They were selected on the basis of work done and the position held
by them in their respective field.
Source of Data Collection

Primary source - Children of 6 to 14 years of age, parents of the children and NGO
workers.
Secondary source – The Constitution of India, The United Nations Convention for Rights
of Child and The Right of Children to Free and Compulsory Education Act, 2009.
Research Tool for Data Collection

The tools for data collection are interview schedule and quasi participant observation.
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Violations of the rights of Children living in slum setting
Data Analysis
The whole data was sorted out, tabulated into the tables according to the categories
made and the code sheet and later analyzed with the help of various statistical techniques.
Results and Findings

Rights denied to the children living in a slum setting:
• The children are forced to use toilets in the open or in public toilets which were not
clean enough.
• The water problems do exist in almost all the slums.
• Corporal punishment is a feature faced by most of the children.
• The pupil teacher ratio to be more than 1: 45.
• Thus the children are definitely denied their right to survival but their right to education
cannot be said to be denied but is not realised by the children completely.
Awareness and attitude of the parents of the children living in the slums:
• The maximum parents were found unaware about their children’s rights accruing to
them
• The parents hardly earn a very good income to help their own stomachs.
• The parents have the attitude that punishing the child has a deterrent effect on them.
• The parents perceive the environment of the locality not fit for their children’s
proper growth.
• Most of the parents were not very enthusiastic regarding their children’s studies.
• Most of the parents have their plans for their children’s future but those plans are not
for the child’s benefit in any manner.
To suggest ways and measures to improve the condition of the children:

• The ones violating the RTE Act or other rights of children should be punished
very strictly and action should be taken against them immediately.
• The Act needs amendment and the Constitution needs to be monitored very
strictly.
• The schools need to be oriented about their duties towards children.
• The health and sanitation facilities need to be improved and later maintained.
Conclusion
The children are not strong enough to understand the difference between the right or
the wrong and nor will they able to fight for themselves. The children need people to
stand for them and help them fight for their rights. The children have been denied the
right of survival to a great extent. Even though the children are going to school it does
not mean that the children’s right to education is fulfilled to them till they are realize all
the entitlements made to them under the right to education.
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Children in conflict with law
at different stages within the justice system
Intezar Khan
Introduction
Any child who comes into conflict with law faces a continuous chain of problems
which start even before his apprehension - the antecedence. It has a strong impact on his
family and to a great extent on his entire future. Though the Juvenile justice (Care and
Protection) Act, 2000 reiterates about the rehabilitative component for the child, in many
occasions it is observed that children face dire consequences after their entry into the
Juvenile Justice System. However, this depends to a great extent on the individual child,
his/her personality and the support services available to his/her in the family and
community. Unfortunately, many of the children belonging to this category do not have
the adequate and appropriate support system that can play a remedial role in their future
thus leading to the same vicious cycle of criminality. It can also have a long term
psychological impact on the child after going through the judicial proceedings which leads
to situations of stigma and discrimination in the society, having bitter consequences on the
child and his future, demanding psychosocial intervention.
The post institutionalization period for the child is equally traumatic if he/she is
stigmatized in the community. To add on to it, if they do not receive the adequate care
and protection from their immediate family and friends during that stage, it can lead to a
lot of hardships that the child needs to endure. It so happens that many a times, the child
becomes lost to his/her surrounding and ends up falling into the same path Pursuing
studies after the apprehension and detention in the institution is another major hustle the
Child has to encounter. It so happens that the child feels ashamed to go to school, loses
interest in studies or prefers to engage in some work. On the other hand, there can be
hesitation from the school authorities to reinstate the child in school with the fear that it
might lead to a negative impact on the other children.
How they enter in the Justice System?

Majority of the children in conflict with law come from the lower socio-economic
background. Most of the parents are either illiterate or have a low education. They are
often taken for ride by lawyers or other legal agents. They end up spending a large
amount of money and time while going through the inquiry and trial. It is often observed
that children entering the Juvenile Justice System and their parents have no clue
whatsoever about the legal procedures their rights and entitlement.
Children in Conflict with law
According to Articles 37 and 40 of the Convention of the Rights of the Child (1989)
Children in conflict with the law have the right to treatment that promotes their sense
of dignity and worth takes into account their age and aims at their reintegration into
society.
International laws have long recognized that formal criminal justice systems should deal
only with young people who have committed serious and violent crimes and who pose a
real security risk to others. Detention should always be a measure of last resort and for the
shortest possible time. Yet children continue to be criminalized inappropriately and
exposed to a system that is often violent and frequently disapproving.
Most of bail cases often remain unattended in terms of counseling. All the children
who commit offences face trauma of different kinds and they need some kind of
intervention after being released on bail. The families also need to be worked with.
How are cases received by JJB/Procedures?

Child in conflict with law has the right to be treated in ways that promote the child’s
reintegration in assuming a positive role in society. The arrest, detention or imprisonment
of a child may be used as a last resort. It is therefore necessary as a part of comprehensive
policy for juvenile justice to develop and implement a wide range of effective measures to
ensure that children are dealt with in a manner appropriate to their well-being, and
proportionate both to their circumstances and the offence. As far as child in conflict with
law is concerned, JJ Act prescribes that while giving the verdict, it is important that the
JJB considers the age of the child because their age determines their mental development.
If a child of 3 years hits another child, then, the child cannot be punished for such an act.
Moreover, punishment for a child should not be like that meted out to an adult.
If a child of seven years commits murder, the police can leave the child under section
82 of IPC. However, under section 83 of IPC, if a child of 7 to 12 years commits theft to
fulfill his own interest and knows that it is an offence, then, he is punishable. However, it
depends on the decision of Magistrate and most importantly, on the capability of the
lawyers/police/probation officers etc of how they present the case and make the
Magistrate understands the child in relation to the situation. The Board is responsible to
take decision keeping in view the best interest of the child.
In the Pre-production stages of a child before the Board, the Police play a crucial role.
With sensitivity and understanding of the child’s situation leading to his/her apprehension,
they can assume the responsibility of resorting to non-judicial proceedings in restoration.
But, due to their lack of awareness on these issues, the child is straightaway produced
before the Board in a monotonous fashion. In dealing with CCL, the Police or the
Juvenile/Child Welfare Officer from the nearest police station, shall not be required to
register an FIR or file a charge-sheet, except where the offence alleged to have been
committed by the child is of a serious nature such as rape, murder or when such offence is
alleged to have been committed jointly with adults; instead, in matters involving simple
offences, the Police or the Juvenile/Child Welfare Officer from the nearest police station
shall record information regarding the offence alleged to have been committed by the
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child in the general daily diary followed by a report containing social background of the
juvenile and
Circumstances of apprehension and the alleged offence and forward it to the Board
before the first hearing.
Institutions for children in conflict with law

An important provision for children in conflict with law in relation to their
rehabilitation needs that make the entire judicial proceedings different from that of an
adult is in the establishment of Observation Homes and Special Homes for their care and
protection with the main focus on reformation and rehabilitation. .
(a) Observation Home

When an order has been passed by the JJB, a child may be sent to an Observation
Home or Special Home. An Observation Home is for the temporary reception of a child
in conflict with the law, and a Special Home is for the reception and rehabilitation of a
child in conflict with the law.
- Separate observation homes for girls and boys;
- Classification and segregation of juveniles according to their age group preferably 7-11
years, 12-16 years and 16-18 years, giving due consideration to physical and mental status
and the nature of the offence committed.
(b) Special Home

Separate special homes for girls above the age of 10 years and boys in the age groups of
11 to 15 and 16 to 18 years; Classification and segregation of juveniles on the basis of age
and nature of offences and their mental and physical status.
The Care and Development Plan for each child in the institution should be executed
as per the child’s requirements and most importantly emphasis should be laid on
reformation. The child should be provided with counseling support in order to deal with
the past/present history and accordingly plan for the future. Behaviour modification
should be one of the intervention methods for children of this category in order to
prevent recidivism and also prepare the child to lead a different life with a positive attitude
and outlook.
Who is responsible to address the problems?

In order to address the problems faced by the children, everyone in the society has to
take part so as to prevent the juvenile from re-offending and falling into the same vicious
cycle. Pathological family, deprivation of love and care, dire conditions of poverty having
being identified as some of the contributing factors for children to come into conflict with
law , it is imperative that they need to be addressed with a concerted effort of the entire
community and the State to protect the children and provide them the best in life.
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42
Rehabilitating the exploited children and
the criminalized youth of India
Joel Devavaram, David Augustine Karunakaran and Arun Ji
In this paper, the authors would like to highlight the causes which go into the making
of a youth offender and also suggest some solutions to it. When a youth under the age of
18 commits an offence, it is called juvenile delinquency. Instead of sending him/her to a
regular jail, he/she will be sent to a Juvenile Justice Board which tries to reform the youth
offender through observation and counseling.
Certain gruesome incidents that were perpetrated by youth offenders have shocked the
nation. The following incidents that occurred in Tamil Nadu were also reported in the
newspapers.
• A youth from an educated and affluent family studying I year medicine ran over a
girl killing her on the spot. The girl was his former schoolmate and the reason
attributed to it was ‘jilted love’. He was arrested and let on bail.
• In another bizarre incident, in Chennai a school kid pounced on his teacher and
literally butchered her to death. The reason that could be attributed to this was
psychological stress.
Many factors can be cited for the deviant behavior of these juvenile delinquents. The
abnormality of their behaviour in their houses, in schools and in other respectable places
are pointers to this. A lot of socio-psychological factors can influence a normal teenager.
The following are some of them:
• Peer pressure
• The lure of easy money
• Alcohol and drugs
In The Hindu published at Visakhapatnam dt. Aug.6, 2012 an article on family
problems leading to juvenile delinquency appeared. It was authored by B. MadhuGopal. A
17 year old boy was arrested for stealing from ATMs. Once a customer entered his PIN in
the ATM he used to tell him that the machine was not working. After the customer left
absent mindedly without cancelling the transaction the boy would enter, complete the
transaction and withdraw money from the customer’s account. As this boy hailed from a
good family background, he was stricken with remorse when he appeared before the
Juvenile Justice Board. Another case, a 17 year old hockey player accidentally stabbed his
senior player to death on New Year-eve celebrations at Kailasapuram. The youth stabbed
his senior accidentally over a trivial cause that is the cutting of a cake. The reason is
excessive intake of alcohol. Mostly school children and college students land into trouble
by initiating their peers who gradually initiate them into bad habits.
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Teenage Girls Led Astray

Teenage girls from a poor background are easy prey to rich boy students hailing from a
rich background as they ply these girls with costly gifts and money. This is the main
reason for teenage pregnancy. The Observation Home in which they are kept, provide
them with food and give them counseling till their release. Parents cannot advise them as
they themselves are involved in extra-marital affairs resulting in a broken family. The girls
are then blackmailed and made to pose for obscene photos. Eventually the lure of easy
money leads them to imbibe alcohol and take drugs. In a fit of anger and self-hatred, these
girls commit suicide.
Neighbourhood
The neighbourhood in which a teenager is brought up and the school in which he
studies also plays an important part in shaping his/her character. When teachers cannot
cope with the stress and frustration associated with working with these difficult students,
they react to minor problems with instability, fear, counter aggression and negative
thinking which escalates the frequency and severely of the child’s aggressive behavior
(Morrison & Skiba, 2001; Reinke & Herman, 2002).
Overcrowding in schools also pose a serious problem. Because they assemble together
large numbers of at-risk youth, schools can become breeding grounds for the development
of criminal offending, especially when there is little adult supervision (Cohen & Felson,
1979).
Drug Pedlars
Teenage youth are exploited by drug pedlars and forced to supply their clients with
drugs. Even, if they are caught by the police they would not be exposed to that sort of
treatment which would be given to an adult. Eventually the couriers themselves become
junkies and turn into hardened criminals like hired killers.
Teenage Street Gangs

Now the scourge pervading corporation cities is teenage street gangs. They mark their
territory and roam in it with deadly weapons. If a member from another gang enters their
territory, he is treated as an intruder and severely thrashed-sometimes even killed.
Influence of Movies
Modern films set a bad example to the adolescent youth including teenage girls. Some
pattern of deviant behaviour are defying authority-Police, teachers and parents, teenage
romance involving sex, admiration for anti-heroes and trying to behave like one.
Usually juvenile delinquency is restricted to petty thefts like stealing vehicles (two
wheelers and cars) eve-teasing, roaming the streets at odd hours during the night and
being picked up by the police for questioning and shop-lifting. But now there is a shift
from these petty crimes to serious crimes like murders.
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The Medical Angle

Now there is also a medical angle to the behavioural pattern of juvenile offenders. In
an article published in Guardiandt. Fri.19 Oct 2012, Dr. Dean Burnett, a doctor of
neurosciences, Cardiff University opines that most of the young offenders have suffered
traumatic brain injury (TBI). ‘Repairing shattered lives’ an article underscores this aspect.
They are as follows,
• Head injury is a very serious matter.
• Contusion is serious enough, even if it does not cause lasting damage.
• Given the complexity of the brain and uncertain nature of brain injury, the
eventual consequences of traumatic brain injury can vary considerably, potentially
leading to serious disorders such as schizophrenia.
Legal View
The authors will point out an important code of criminal procedure of 1860.Even the
penal laws such as the Indian Penal Code, 1860 exempts children under the age of 7 years
from criminal responsibility (sec.82). It also exempts children between the age of 7 to 12
years, who have not attained sufficient maturity of understanding to judge the nature and
consequences of their conduct, from criminal responsibility (sec. 83). The Act also
provides some protection to the children from the evil designs of the adults (sec.363-A).
Now the age for juvenile delinquents has been raised to 18.
Suggestions
• Rehabilitation for youth offenders have been set up all over India.
• The movements of the released juvenile offenders must be monitored carefully.
• Love, care and affection must be given to the juvenile offenders lodged in Juvenile
Detention centers.
• Parental love is very important to prevent juvenile delinquency.
• Yoga and Meditation would also serve to ease the stress of the youth offenders.
References
Cohen, L. E., & Felson, M. (1979). Social change and crime rate trends: A routine activity
approach. American Sociological Review, 44. 588-608.
Dean Burnett(2012). The Guardian. Retrieved on 19th October, 2012 from
http://www.guardian.co.uk
Legal Services India. (2012). Juvenile Justice System and Its Delinquency in India. Retrieved
on 25th October, 2012 from http://legalservicesindia.com/article/juvenile-justice-
system-&-its-delinquency-in-india-1031-1.html
Morrison, G. M., & Skiba, R. (2001). Predicting violence from school misbehavior:
Promises and perils. Psychology in the Schools, 38(2). 173-182.
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43
A nurture perspective on Children in Conflict with Law:
Homes sans role models
Jonathan Rodrigues
Introduction
Every child needs a home – a place to love and be loved. A home is a child’s primary
social atmosphere from where he picks up those little virtues of life. These early
experiences with parents and siblings help build his/her personality and develop an
attitude towards different life situations. For many adolescents though, the family
atmosphere isn’t as nurturing as it should be. These youngsters therefore leave home in
search of love and understanding. He/she deviates from the course of normal social life
and exhibits behaviour which may prove to be dangerous to society and / or to oneself. A
Juvenile delinquent is thus, incorrigible or habitually disobedient.
Theories and Research

The “Interpersonal maturity level”, proposed by John Riggs, William Underwood and
Marguerite Warren classifies delinquents as: Over-inhibited Child, Un-socialized
aggressive child and Socialized Delinquent child.
An Over-inhibited Child suffers from an inferiority complex and is normally shy,
apathetic, worried, sensitive and submissive. Meanwhile, an un-socialized aggressive child
has an assaultive tendency, besides a cruel and malicious liking for mischief. An intolerable
temperament and inadequate guilt feelings, probably due to parental rejection, makes him
defy authority. Lastly, a Socialized Delinquent child is characterized by bad companions,
gang activities, furtive stealing and has grown up being a truant from schooldays.
Anti-social environmental role models:

a) School Dissatisfaction - Some students get dissatisfied with school life. Parental
irresponsibility, unmanageable student teacher ratio, lack of entertainment and sports
facilities in school, indifference of the teachers may contribute to a child seeking fun and
attention elsewhere. Such dissatisfied students become regular absentees in schools and
start wandering on their own and become gamblers, eve-teasers, pick-pockets, drunkards,
smokers and drug addicts.
b) Films and pornographic literature have also added to the magnitude of delinquency.
Cinema, television and obscene literature may often provoke sexual and other impulses in
adolescents. Hence, they start their adventure in satisfying these desire, in the process of
which, commit crimes. According to psycho-analytical view, the delinquent is an
individual who is governed by the pleasure principle- immediate pleasure and immediate
satisfaction of needs - so he becomes a victim of his own impulses.
A nurture perspective on Children in Conflict with Law
Family is the first socializing vehicle that shapes the expression of drives. A child has
limited control over his/hers family’s emotional dynamics. Parents may be neurotic,
schizophrenic or alcoholic. They may be physically abusive or rejecting. The child turns
into the ‘scapegoat’ and this symptomatic carrier of a family pathology, stems not from
personal inclinations, but from family’s structural problems.
Public behaviour is visible and to some extent controllable; but what goes on behind
the closed doors of homes, is largely invisible and beyond control. Child is the inevitable
reposition for the accumulated frustrations. Lacking retaliatory power, children have little
choice but to suffer the consequences – produced at courts or send to rehab homes- of
being diagnosed as emotionally disturbed children.
Quality of parental affection and love defines if a child will turn delinquent or not.
Delinquents feel that mothers love them the most and also feel their fathers should love
them more. They claim their parents feel embarrassed to openly express affection, also
admitting that they are embarrassed to return the affection. They also complain of parental
hostility, however identify and associate more with their mother’s ways and characteristics.
Differences in self-concept distinguishes delinquent from the non-delinquent. The pre-
condition of law-abiding or delinquent behaviour is found in the concept of self and
others acquired in primary group relationships. This concept of ‘self’ can work negatively.
Attributing characteristics and tags can influence young boys and girls to accept the
ascribed roles. Active, aggressive, impetuous, violent behaviour is not always delinquent.
Equating healthy deviance to delinquency encourages the child to subscribe to the
branding.
Present Study
A nurture perspective on Juvenile Delinquents, (aged 14-18 years) housed at Apna
Ghar, Goa is a case study, aimed at obtaining an in-depth view, of the behaviour of
individuals identified as the Juveniles. The project will uncover the unknown motives and
desires that led them to break the law.
Tools used
An Interview guideline (developed by myself), consisting of various questions. It
covers aspects such as: Family background, Previous Offending History,
Academic Progress, Temperament & Lifestyle, Personal Life & Interests, and lastly, Social
Life and Inter-personal relationships.
Findings & Inferences

• The study reveals a poor bonding between the inmates and their fathers. Boys
normally tend to see their fathers as role models and the lack of love and support
from their idols can lead them to get into bad peer company, leading to status
offences, such as drinking and smoking and drugs, when they were still underage.
• Not all are dangerous, most are situational delinquents. Most of them simple people
who in the process of satisfying their youthful desires (license less riding, drinking
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and smoking.) have broken the law. The only difference is that they have no one
to bail them out, unlike the families of rich kids to get bail, within hours of arrest.
• These youngsters lived NORMAL lives like the rest, until they disobeyed the law.
They shared stories about their childhood, schooling, the pranks and sports they
played; and some even whispered about little crushes and intimate relationships.
• In case of one ‘Juvenile D’ (in the case study), who is basically a lost and found
teen, who was later conspired into stolen goods trade; the biggest help by the law,
would be to get him back on a train that leads to his hometown.
Suggestions and Conclusion

Home and Society
• Equal attention, unconditional affection: Kids hatch feelings of animosity and stunted
self-worth, besides negative role model characteristics of biasness and nepotism.
Even when scolded or corrected, the child should still feel loved.
• Healthy recreational habits: Encouraging kids to play sports, visit parks and beaches,
dining as family, helps in socializing. Abstain from drinking, smoking and
gambling, thus preventing addiction and incorrigibility.
• Preliminary Encyclopedia: Ignorance isn’t bliss, since a curious mind is never at peace.
Children hear and see new things every day, it is essential that parents reply to the
questions and opinions they have on love, war, sex, relationships etc.
• Changing gears with Peers: Growing up with peers is essential (even if they are
deviant) for healthy mental development and emotional maturity. Not keeping the
right pace (more time spent with adult youth and elders) could rob the child of his
childhood innocence and fun.
• No one is born ‘bad’: The public attitude towards Juveniles must also change. We
normally brand young criminals as disturbed and abnormal characters. Labeling is
unhealthy and unfair. They deserve a chance to make amends and rebuild their
lives.
• Taught to teach: a teacher’s ideas, virtues, opinions & remarks define a child’s future;
positive or negative, a child behaves as he has been told or forced to believe.
• It is a sacred career; as delicate as a surgeon, a teacher should to learn to appreciate,
attend, guide and correct every individual, both subjectively and impartially.
Homes away from Home

• Quality guardians: Police officers/counselors/matrons at Probation or Rehab homes
should be well trained in basic Criminology and Psychology, hence equipped with
skills and techniques to deal with mental and emotional needs of the young
inmates. Characters with wrong intentions should not be employed or allowed to
associate.
• BAN solitary confinement: The atmosphere should be that of a home – loving,
hospitable and free. There should be ice-breaking sessions, games and group
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A nurture perspective on Children in Conflict with Law
activities that will induce them to re-socialize and connect with everything good.
Treatment instead of punishment; mistake instead of crime (JJ Act 2000.)
• Re-live Augustus dream: Probation has strayed away from its original concept of
nurturing and mentoring youngsters. Community service, educational rectification,
counseling and ought to be compulsorily provided, supervised, analyzed and
reported. For some, a suitable job will keep them employed and make them more
responsible in their day to day lives. Here again, their progress has to be constantly
evaluated.
• Adopt hopeless s/orphaned: Children without a home or family should be adopted by
the State. Eradicating beggary and street children nuisance will curb most
delinquent acts. The state should also take more control over misused and harassed
kids. A special home where there can be taught civics, manners and vocational
skills, would make them eligible for responsible jobs.
References
Andry, R. G. (1971). Delinquency and Parental Pathology, revised edition. London: Staple
Press.
Reckless, W. C., Dinitz, S., & Murray, E. (1956). Self-concept as an Insulator against
Delinquency. American Sociological Review, 21.pp. 744-46.
Kruttschnitt, C. (1994). Buddy, can you par-a-digm? Three predictive models of deviant
development. Journal of Research in Crime and Delinquency.
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How restorative and solution-focused interventions can be used
to address crime and offenses against and by youth
Lorenn Walker
Introduction
The Western criminal justice system (CJS) mainly focuses on offenders and uses a
blaming and punishment model as its normative intervention. This is true even when over
90% of all felony defendants in the United States (US) plead guilty to offenses (Hall,
2009). Despite the US’s massive incarceration rates, the CJS generally fails at preventing
wrongdoing and assisting victims. Without parental rehabilitation and reentry efforts, the
children of incarcerated parents suffer (DHHS, 2007). CJS experts commonly believe that
the CJS provides a “criminal process [that] has become notorious for ‘revictimization’ or
‘secondary victimization,’ for many child victims” (Gal, 2011, citations omitted).
“Restorative justice emerged in the 1970s as an effort to correct some of the weaknesses of
the western legal system while building on its strengths” (Zehr, 2013). Restorative justice
is advocated for children and youth crime victims over the CJS (Gal, 2011).
Restorative Justice Practices

”Restorative justice is a broad term which encompasses a growing social movement to
institutionalize peaceful approaches to harm, problem-solving and violations” (Suffolk
University, 2012). RJ is “is victim-centered and looks at how ‘victims,’ very broadly
defined, are affected and can be healed” (Boyes-Watson, 2003).RJ practices provide the
opportunity for people affected by wrongdoing to consider and express what they
personally need to heal. In an RJ process, each individual affected by a crime is respected,
and usually offered equal participation opportunity, but no one is forced to participate.
Development of Hawai’i’s Restorative Practices for Children

Native Hawaiians have been using ho’opnopono, a restorative practice, for centuries to
deal with interpersonal conflicts for families and children (Hosmanek, 2012). Modern
restorative interventions for Hawai’i’s children and youth have been used since 1996, and
include ‘Ohana Conferencing for child welfare cases. This model has proven cost effective
and shown to bring healing for children and families (Walker, 2005).
Juvenile Justice Restorative Practices in Hawai’i

In 1999 a Hawai’i restorative pilot project was developed that diverted 102 juvenile
offenders from the CJS. The project benefited many children even in a case where the
juvenile offender denied accountability for his wrongdoing (Walker, 2002). The project is
Restorative solutions focused interventions
cited by the United Nations’ UNICEF organization as a resource for the restorative
diversion of youth from the CJS (UNICEF, 2012).
Restorative practices also address and prevent repeat violence for youth harmed in
bullying incidents with other youth. This author has personal experience in this regard. In
2000 her 13 year old son was assaulted at school by another student. A restorative
intervention was held with herself, her son, husband, the youthful offender, his father, and
the school principal participating with a facilitator. For six years following the incident the
two boys had no more conflicts and attended school together peacefully. Furthermore the
process helped build community by also increasing understanding and positive
relationships between the parents and the school (Walker, 2001, in van Wormer &
Walker, 2013).
Application of Solution-Focused Methodology to Restorative Practices

In 2002 solution-focused brief therapy (SF) methodology was first used and applied with a
restorative intervention in Hawai’i. It was used for victims where the offender did not
participate, or offenders were unknown to the victims (Walker, 2004). Most criminal cases
go without anyone being identified or arrested in the US. The project helped victims find
healing despite not knowing who harmed them or not wanting to have personal contact
with them.
The solution-focused approach and public health learning principals are consistent with
restorative practices. RJ, SF, and public health practices are strength-based, goal oriented,
use positive motivation, and recognize that relationships with others are key to learning.
Since 2004 Hawai’i has been using SF with RJ interventions developed for children and
youth (Walker, 2004) in a variety of pilot programs.
Hawai’i’s Restorative Intervention for Homeless Youth

A restorative circle practice – the Waikiki Circle – was piloted for groups of homeless
youth who suffered serious social injustices and victimization, along with a few youthful
offenders. The project provided a number of circles over a four-month period with an
average 5 youth participating at each circle. Forty four percent (44%) of the youth succeed
in meeting goals they set for themselves at the circles including finding employment and
housing (Walker, 2008).
Hawaii’s Restorative Reentry Planning Processes

Incarcerated youth, and youth of incarcerated adults, in Hawai’i have also benefited
from a reentry planning process. The Huikahi Restorative Circle has been provided for
youth in correctional institutions, and for youth whose parents are incarcerated. The circle
process addresses reconciliation and other needs necessary for a healthy life including
desisting from crime and substance abuse. The circles also address victimization the
children and family members have suffered and have been evaluated to show healing can
result (Walker & Greening, 2010).
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Outcomes and Evaluations of Hawai’i’s Restorative Practices

Hawaii’s interventions have been researched and show promise for healing children
and youth and building individual resiliency out of incidents of wrongdoing and injustice.
An unfortunate experience may be considered a trauma and a deficit to the personality, or
it can be considered as a stren and something that strengthens the personality (Hollister,
1967). This idea can be narrated, and promoted in restorative practices for developing
resiliency (Walker, 2000). Restorative practices have been shown to be more healing for
people than the CRJ.
References
Boyes-Watson, C. (2003). Refining Justice: An Interview with Carolyn Boyes-Watson,
Ikeda Center for Peace, Learning, and Dialogue. Retrieved on September 20, 2012, from
http://www.ikedacenter.org/thinkers/boyeswatson_int.htm
DHHS. (2007). Assistant Secretary for Planning and Evaluation Research and Practice.
Symposium on Marriage and Incarceration: A Meeting Summary. Retrieved on September
19, 2012, from http://aspe.hhs.gov/hsp/07/marr-incar/report.pdf
Gal, T. (2011). Child Victims and Restorative Justice: A Needs-Rights Model. New York:
Oxford University Press.
Hall, D. (2009). Criminal Law and Procedure. Albany N.Y: Delmar Cengage Publishers.
Hollister, W. G. (1967). The Concept of Sterns in Education: A Challenge to Curriculum
Development. In E. M. Bower., & W. G. Hollister. (eds.), Behavioral Science Frontiers
in Education. New York: John Wiley & Sons.
Hosmanek, A. (2012). Cutting the Cord: Ho'oponopono and Hawaiian Restorative
Justice in the Criminal Law Context, Pepperdine Dispute Resolution Law Journal, 5(2).
Article-6. Retrieved on September 20, 2012, from
http://digitalcommons.pepperdine.edu/drlj/vol5/iss2/6
Suffolk University. (2012). Restorative Center for Restorative Justice, College of Arts &
Sciences. Retrieved on September 19, 2012, from
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45
Review of Laws for Protection of Children from abuses in India
Ravishankar K. Mor
“No child below the age of fourteen years shall be employed to work in any factory or
mine or engaged in any other hazardous employment”156 this fundamental Right against
exploitations of children given under Constitution of India have also been protected by
many legislations in India such as “No child who has not completed his fourteenth year
shall be required or allowed to work in any factory”157, “No child shall be employed or
permitted to work in any of the occupations set forth in Part A of the Schedule or in any
workshop wherein any of the processes set forth in Part B of the Schedule is carried on:
Provided that nothing in this section shall apply to any workshop wherein any process is
carried on by the occupier with the aid of his family or to any school established by, or
receiving assistance or recognition from, Government”158. So also Hon’ble Supreme Court
of India while interpreting these legal and Constitutional Rights have done utmost to
protect the rights of children from exploitation at the hands of the employer as in case of
M.C. Mehta v. State of Tamil Nadu159 declares “Children can be employed in the process
of packing but packing should be done in an area away from the place of manufacture to
avoid exposure to accident”. Also under Part-IV of the Constitution, Article 39 (e)and (f),
Article 41 and 45, Directives are issued for Government to have the policy for protection
of childhood and protection of children from exploitation, free and compulsory education
etc. Newly added Article 21A have granted Fundamental Right to free and compulsory
education for children up to 14 years of age. Beside Constitutional provisions there are
many Central and State statutes like, The juvenile Justice (care and protection of Children)
Act 2000, The women's and Children's (Licensing) Act 1956, The Child Labour
(Prohibition and regulation) Act 1986, The Bonded Labour System (Abolition) Act 1976,
Indian penal Code 1860, The Immoral Traffic (Prevention) Act 1956, and The Child
Marriage Restraint Act 1929, they are enacted for the protection of Children from abuses.
But when it comes to protect from the crimes against them legislative measures taken
in India till today are not even closer to any other civilised society in the world. Let us
have a look at Constitutional Provisions No any specific provision can be identified which
speaks of peculiar position of Children as victims of sexual or other crimes, nor any
specific chapter is inserted under Indian Penal Code 1869, except an offence of
156
Article 24, Constitution of India 1950
157
Section 68, The Factories Act 1948
158
Section 3, The Child Labour ( Prohibition and Regulation ) Act 1986
159
AIR 1991 SC 417
Review of Laws for Protection of Children
Kidnapping160, hardly any difference is made in case of crimes committed against

children, they are included within the meaning of “men” and “women”161. In such
circumstances crimes against children are treated on equal footing with any other victim in
the society and not as a socially prone victim due physical and mental incapacity. In this
regard work of Hon'ble Supreme Court of India is laudable as from time to time they
issued guidelines through its various decisions for protection of children from abuses e.g.
Krist Pereira Vs. State of Maharashtra and others (Cr. W. P. 1107 Bombay High Court,
1996), M. C. Mehata Vs. The State of T.N. (A.I.R. 1997, S.C. 699), Bandhua Mukti
Morcha Vs. union of India (AIR 1984, S.C. 802).
Latest is the only legislative good work done by the government in this regard. The
Protection of Children from Sexual Offences Act, 2012, has been passed by the Lok Sabha
today, 22nd May, 2012. The Bill was earlier passed by the Rajya Sabha on 10th May, 2012.
The Protection of Children from Sexual Offences Act, 2012 has been drafted to
strengthen the legal provisions for the protection of children from sexual abuse and
exploitation. For the first time, a special law has been passed to address the issue of sexual
offences against children. Sexual offences are currently covered under different sections of
IPC. The IPC does not provide for all types of sexual offences against children and, more
importantly, does not distinguish between adult and child victims.
The Protection of Children from Sexual Offences Act, 2012 defines a child as any
person below the age of 18 years and provides protection to all children under the age of
18 years from the offences of sexual assault, sexual harassment and pornography. These
offences have been clearly defined for the first time in law. The Act provides for stringent
punishments, which have been graded as per the gravity of the offence. The punishments
range from simple to rigorous imprisonment of varying periods. There is also provision for
fine, which is to be decided by the Court.
An offence is treated as “aggravated” when committed by a person in a position of
trust or authority of child such as a member of security forces, police officer, public
servant, etc.
Punishments for Offences covered in the Act are:

1. Penetrative Sexual Assault (Section 3) – Not less than seven years which may extend
to imprisonment for life, and fine (Section 4)
2. Aggravated Penetrative Sexual Assault (Section 5) – Not less than ten years which
may extend to imprisonment for life, and fine (Section 6)
3. Sexual Assault (Section 7) – Not less than three years which may extend to five years,
and fine (Section 8 )
4. Aggravated Sexual Assault (Section 9) – Not less than five years which may extend to
seven years, and fine (Section 10)
160
Section 359, Indian Penal Code 1860.
161
Section 10, Indian Penal Code 1860, The word "man" denotes a male human being of any age; the word
"woman" denotes a female human being of any age.
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5. Sexual Harassment of the Child (Section 11) – Three years and fine (Section 12)
6. Use of Child for Pornographic Purposes (Section 13) – Five years and fine and in
the event of subsequent conviction, seven years and fine (Section 14 (1))
The Act provides for the establishment of Special Courts for trial of offences under the
Act, keeping the best interest of the child as of paramount importance at every stage of the
judicial process. The Act incorporates child friendly procedures for reporting, recording of
evidence, investigation and trial of offences. These include:
• Recording the statement of the child at the residence of the child or at the place of
his choice, preferably by a woman police officer not below the rank of sub-
inspector
• No child to be detained in the police station in the night for any reason.
• Police officer to not be in uniform while recording the statement of the child
• The statement of the child to be recorded as spoken by the child
• Assistance of an interpreter or translator or an expert as per the need of the child
• Assistance of special educator or any person familiar with the manner of
communication of the child in case child is disabled
• Medical examination of the child to be conducted in the presence of the parent of
the child or any other person in whom the child has trust or confidence.
• In case the victim is a girl child, the medical examination shall be conducted by a
woman doctor.
• Frequent breaks for the child during trial
• Child not to be called repeatedly to testify
• No aggressive questioning or character assassination of the child
• In-camera trial of cases
The Act recognizes that the intent to commit an offence, even when unsuccessful for
whatever reason, needs to be penalized. The attempt to commit an offence under the Act
has been made liable for punishment for upto half the punishment prescribed for the
commission of the offence. The Act also provides for punishment for abetment of the
offence, which is the same as for the commission of the offence. This would cover
trafficking of children for sexual purposes.
These are some of the salient features of the Act which has yet to receive the Assent of
Hon’ble President of India and then to wait for publication in Official Gazette of
Government of India. Sixty Five years have been passed of an Independent India, now a
little wisdom is shown by the Indian legislature in Protecting Children from Abuses, hope
mush more wisdom shall prevail upon them and this Act will sooner see the light of a
meaningful morning.
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46
Influence of Media Violence on Youth and
their tendency to commit Crime
Neethu Susan Cherian, E. Enanalap Periyar and Amit Gopal Thakre
Introduction
For most of human history, people have lived lives dominated by violence. From
primitive hunters killing for food through centuries of society built around warfare,
violence has never been less a part of the human experience than it is today. All forms of
media like the video games, internet, television, movies, press (newspapers, magazines)
books, radio etc, through which violence is depicted, have an impact on the youth. This
project focuses on the youth who develop the tendency to commit crime due to the
influence of media violence.
Violence in the media

Research into the media and violence examines whether links between consuming
media violence and subsequent aggressive and violent behavior exists. Although some
scholars had claimed media violence may increase aggression, this view is coming
increasingly in doubt both in the scholarly community and was rejected by the US
Supreme Court in the Brown v EMA case, as well as in a review of video game violence
by the Australian Government (2010) which concluded evidence for harmful effects were
inconclusive at best and the rhetoric of some scholars was not matched by good data.
The debate regarding the exposure of media violence of causing anti – social behaviour
and tendency to perpetrate crime has been going on for a long time. There are arguments
that media violence should be censored so as to avoid societal violence. Violence has
always played a role in entertainment.
Effects of Media Violence

While it is difficult to determine which children who have experienced televised
violence are at greatest risk, there appears to be a strong correlation between media
violence and aggressive behaviour within vulnerable "at risk" segments of youth (Beresin,
2010). Media violence produces short-term increases by priming existing aggressive scripts
and cognitions, increasing physiological arousal, and triggering an automatic tendency to
imitate observed behaviours. Media violence produces long-term effects via several types
of learning processes leading to the acquisition of lasting (and automatically accessible)
aggressive scripts, interpretational schemas, and aggression-supporting beliefs about social
behaviour, and by reducing individuals’ normal negative emotional responses to violence
(i.e., desensitization).
SASCV 2013
There has been increasing violence in media such as televisions and films. The patterns
of media violence depicted in American films are entering Indian films, apart from
American films that are directly reaching the Indian public through media (Barak, 2000).
In this era of globalisation, swift technological advances have had significant bearings
on our understanding of the social world. Internet services, satellite television, and the like
are expanding at an unbelievable pace, creating both excitement and confusion in the
minds of the youth and children (Misra, 2009).
There are reasons to believe that media violence causes tendency to commit crime as it
first became available in the United States and Canada in the 1950s and violent crime
increased dramatically in both countries between 1960s and 1990. Many people see this
connection, (Freedman, 2012).
Methodology
The data collection is done in field by interviewing the respondents through detailed
schedule of questionnaire. The questionnaire has close ended questions. They were all of
multiple choices in nature. Personal Interviews were also used for data collections. The
area of study is Kottayam district. The Sample Size is 100 students of Baselius College,
BCM College and Marian School in Kottayam District. The type of sampling used by the
researcher for the perform this project is Non-probability sampling. The Sampling
Method used for the study by the student is “Purposive sampling”. Data is collected by 2
methods i.e., Primary Source of data and Secondary source of data. The primary source of
data was collected directly from the students. The secondary source of data was collected
through websites, books, journals and articles.
Major Findings
• Majority of the respondents agree that the students can resist the influence of media
violence.
• 52% of the respondents feel that their friends don’t think they are prone to
violence.
• Majority of the respondents watch violent movies either always or occasionally.
• Majority of the respondents never play pranks which has little violence in them.
• Majority of the respondents always gets disturbed by violent scenes.
• Majority of the respondents always read violent materials.
• Majority of the respondents always have prolonged effects of violent scenes.
• Majority of the respondents have never emulated violence.
• Majority of the respondents have never been a victim of violent prank.
• Majority of the respondents have never been a victim of violence.
• Majority of the respondents have never been tempted to act on violence in media.
• Majority of the respondents have never been influenced by media acts.
• Majority of the respondents have never been a volunteer in any campaign against
violence.
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Influence of Media Violence on Children and Youth
• Majority of the respondents have never attended awareness programmes on combat

of violence.
• Majority of the respondents have never been a victim of peer pressure to commit anti
social acts
• Majority of the respondents agree that media violence is exaggeration of real life.
• Majority strongly agree that minor offences should be ignored by parents.
• Majority of the respondents have always stood up against violence
• Majority of the respondents are fully aware of the positive and negative sides of
media violence
• Majority of the respondents like watching violent movies at home.
• Majority of the respondents agree with the fact that even adults can be swayed by
media violence
• Majority of the respondents like watching violent movies with friends.
• Majority of the respondents agree to the fact that parents should monitor what their
children watches.
• Majority of the respondents agree that children should be given lenient punishment
when they commit serious offences.
• Majority of the respondents feel that movies insights their violent instincts more.
• Majority of the respondents agrees to the fact that boys are more prone to aggressive
behaviour than girls.
• Majority of the respondents agree that violent video games have a relation with
aggressive behaviour.
• Majority of the respondents never think about killing the person they dislike.
Suggestions
From the findings the researchers suggests that the right age for children to be exposed
to violence in media should be between the age of 16 to 21 years as it is often the time
when one has the ability to distinguish between right and wrong. During this age youth
tend to become both physically and mentally mature and capable of judging that violence
in media has no or little connection with real life. Its better not to expose children below
13 years to media violence as it is during this age when things have a very strong impact
on their minds and might affect them in the wrong way as they are not aware of the
positive and negative acts of media violence. However, exposure at any age can have
different impact on different individual depending on various other circumstances, moral
values their environment and ones attitude towards life; for example, some may not be
able to distinguish between reality and fantasy even after being an adult.
Children should be capable of distinguishing reality and fantasy. It’s the youth time
when a person starts to go through ups and downs in life and improves interaction with
others. The researchers recommends condensing the depiction of bloodshed in media as
the findings show that it is through media that majority of the public gets prejudiced easily
and as we cannot bring media violence to a complete end we should only try to reduce it.
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This can be done by not amplifying facts of real life and by broadcasting in such a way that
will not have a prolonged affect on the individual. Through this way less number of
individual will get influenced and will indirectly reduce the tendency to commit crime.
The researchers suggest some ideas to imitate media violence in real life. We should try
to improve the society in which one lives as this also place a very important role in
developing tendency to commit crimes. Parents should sit with their children while
watching movies. They should make them aware of the ill effects of violence. Understand
what is reality and fiction. One should use good language and think before acting
violently in front of children. Counselling in schools and at home is to be held basically on
the value of one’s life. Censoring of violent scenes and banning violent video games.
Proper guidance should be given to children in their childhood itself about the merits and
demerits of media. Proper time regulation should be done by parents on their children
watching TV. Media should not show violence alone but in fact show the pain it causes.
Awareness should be given, about the bad effects of violent acts and the truth of life.
Reality about life should be understood.
Conclusion
This paper intended to glance into the influence of media on adolescence for their
inclination to perpetrate crime. It has also attempted to study the awareness against
violence through media on today’s youth. Most of the individuals keep track of a variety
of issues and studies through media. No one can be at different places at one time, so to
know about things going on within the world, people have a propensity to depend on
media whether it be books, newspapers, journals, website etc.
This paper calculates the youth’s tendency to commit crime and by doing so the
student tells about how the youth gets influenced by the media especially the violence
shown by the media. We might not be a witness to violence but can see it or feel the pain
of violence through media, (Potter, 1999). The student also attempts to analyse the change
in behaviour of the youth influenced by the violence in media.
The researcher concludes that depiction of media violence is good to an extent as it
helps us to recognize some realities in life. It is meant only for entertainment, leisure and a
moment of joy or for gaining knowledge. One should understand the purpose and act
accordingly. But these days media violence has become intense, so it is better if violence is
controlled and not depicted to a large extent.
Finally, the tendency created also depends on oneself and how one takes media
violence. We must develop self understanding about good and bad things in life. A person
if has a strong willpower can resist the influence of media violence.
References
Carter, C., & Kay, C. (2006). Weaver Violence and the Media. Philadelphia: Open
University Press. p. 206.
DeKeseredy, W. S. (2011). Contemporary Critical Criminology. Oxon: Routledge.
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Freedman, L. J. (2003). Media Violence and Its Effect on Aggression: Assessing The Scientific
Evidence. Canada: University of Toronto.
Gentile, A. D. (2003). Media Violence And Children: A Complete Guide For Parents And
Professionals. U.S.A: Praeger Publishers.
Jupp, V. (1989). Methods of Criminological Research. New York: Routledge.
Katz, E. H. (4thed.). (2010). The Handbook of Media: The Complete Guide To Advertising
Media Selection, Planning, Research And Buying, New York: Routledge.
Kirsh, J. Steven. (2006). Children, Adolescents and Media Violence: A critical look at the
Research. California: Sage Publications.
Kumar, S. (2006). Effect of Media Violence on Children. Media Violence, 3(2). India:
Department of Sociology, University of Lucknow.
McLuhan, M. (2001). Understanding Media: the extension of man. New York: Routledge.
Polkinghorne, D. (1983). Methodology for the Human Sciences, Systems of Inquiry. Albany:
State University of New York Press.
Potter, W. J. (1999). The Media Violence. California: Sage Publications.
Salifu, A. (2008). The Impact of Internet Crime on Development. The Journal of Financial
Crime, 15(4). Emerald Group Publishing Limited. pp. 432 – 43.
Smith, S. (1996). Positivism and beyond. In Smith and et.al. (eds.), (1996). International
Theory: Positivism and beyond. Cambridge: Cambridge University Press.
215
47
Crime against children:
Realising gaps in Criminology and legislation
Reshma Lesle and Jayachithira Bhaskar
Introduction
A child is defined as a person not having completed 18 years of age. Child abuse is a
state of emotional, physical, economic and sexual maltreatment meted out to a person
below the age of eighteen and is a globally prevalent phenomenon. according to WHO:
''Child abuse or maltreatment constitutes all forms of physical and/or emotional ill-
treatment, sexual abuse, neglect or negligent treatment or commercial or other
exploitation, resulting in actual or potential harm to the child's health, survival,
development or dignity in the context of a relationship of responsibility, trust or power.
Working Definition of Child Abuse

The following working definitions of child abuse have been adopted:
Child abuse refers to the intended, unintended and perceived maltreatment of the
child, whether habitual or not, including any of the following,
Psychological and physical abuse, neglect, cruelty, sexual and emotional maltreatment.
Any act, deed or word which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being. Unreasonable deprivation of his/her basic needs for
survival such as food and shelter, or failure to give timely medical treatment to an injured
child resulting in serious impairment of his/her growth and development or in his/her
permanent incapacity or death. Physical abuse is inflicting physical injury upon a child.
This may include hitting, shaking, kicking, beating, or otherwise harming a child
physically. Emotional abuse (also known as verbal abuse, mental abuse, and psychological
maltreatment) includes acts or the failure to act by parents, caretakers, peers and others that
have caused or could cause serious behavioural, cognitive, emotional, or mental
distress/trauma. Sexual abuse is inappropriate sexual behaviour with a child. It includes
fondling a child's genitals, making the child fondle an adult's genitals, sexual assault
(intercourse, incest, rape and sodomy), exhibitionism and pornography. To be considered
child abuse, these acts have to be committed by a person responsible for the care of a child
or related to the child (for example a baby-sitter, parent, neighbour, relatives, extended
family member, peer, older child, friend, stranger, or a day-care provider). Child neglect is
an act of omission or commission leading to the denial of a child's basic needs. Neglect can
be physical, educational, emotional or psychological. Physical neglect entails denial of
food, clothing, appropriate medical care or supervision. It may include abandonment.
Crimes against Children
Educational neglect includes failure to provide appropriate schooling or special educational

needs. Psychological neglect includes lack of emotional support and love.
The Specific Objectives of this Paper are

• To assess the magnitude and forms of child abuse in India;
• To study the profile of the abused children and the social and economic
circumstances leading to their Abuse;
• To facilitate analysis of the existing legal framework to deal with the problem of
child abuse in the country; and
• To recommend strategies and programme interventions for preventing and
addressing issues of child abuse
These are the main objectives of the paper i.e., to assess which all forms of child abuse
are seen in India and to know which all are the socio economic circumstances that is
leading to child abuse and to analyse the existing legal system dealing with child abuse in
India and make necessary recommendations to prevent child abuse.
Forms of Abuse Prevailing in India

Physical Abuse
The Indian society, like most societies across the world, is patriarchal in structure
where the chain of command is definite and inviolable. In such power structures parents,
both fathers and mothers, consider their children as their property and assume a freedom
to treat them as they like. Thus, not only do parents and teachers adopt harsh methods of
disciplining children, there is also little opposition to this harshness. The underlying belief
is that physical punishment encourages discipline in children and is for their betterment in
the long-run. There is enough scientific proof to the contrary and evidence suggests that
sometimes it is parent's inability to raise their children, and their frustrations find a
manifestation in the form of beating them or causing other physical harm. Severe physical
maltreatment also takes place outside family situations and the most common and known
forms of it are corporal punishment in schools and physical abuse at work place. Working
children have a high probability of being abused by their employer or supervisor. The
reasons could be dependence of the child on the employer and the vulnerability of the
child, who is a soft and available target for the anger and frustrations of the employer. The
same goes with teachers in schools and every other person resorting to physical abuse of
children.
In India there is a widespread belief that the family is ultimate and supremely capable
of looking into the best interests of the child. In fact interference in anyone's family
matters is perceived as infringement on the privacy of the family. As a result, a lot of abuse
remains hidden within the family and remains unreported. Apart from family members,
abuse in schools and work place, children are also abused in street by police and other
adults. Thus, Children who have been repeatedly subjected to physical abuse carry the
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effects of it all through their life and often also end up as perpetrators of violence
themselves.
Sexual Abuse
The subject of child sexual abuse is still a taboo in India. There is a conspiracy of
silence around the subject and a very large percentage of people feel that this is a largely
western problem and that child sexual abuse does not happen in India. Part of the reason
of course lies in a traditional conservative family and community structure that does not
talk about sex and sexuality at all. Parents do not speak to children about sexuality as well
as physical and emotional changes that take place during their growing years. As a result of
this, all forms of sexual abuse that a child faces do not get reported to anyone. This silence
encourages the abuser so that he is emboldened to continue the abuse and to press his
advantage to subject the child to more severe forms of sexual abuse. Sexual abuse is
defined as severe forms of sexual abuse and other forms of sexual abuse.
Severe forms of sexual abuse includes Assault, including rape and sodomy, Touching or
Fondling a child, Exhibitionism- Forcing a child to exhibit his/her private body parts,
Photographing a child in nude, and other forms of sexual abuse includes: Forcible kissing,
Sexual advances towards a child during travel, Sexual advances, towards a child during
marriage situations, Exhibitionism- exhibiting before a child and Exposing a child to
pornographic materials.
Emotional Abuse and Girl Child Neglect

Emotional and psychological maltreatment of children is the most complex type of
abuse - invisible and difficult to define. The following are indicators of emotional abuse:
Humiliation: Humiliation of a child refers to the degradation of the self esteem of a
child by parents, care-givers or any other persons, often in the presence of others.
Instances of humiliation include treating harshly, shouting, belittling, name calling and
using abusive language while addressing children. Comparison: Parents and other caregivers
often compare one sibling with the other or one child with the other in terms of their
physical appearance and other characteristics, thus affecting the social, emotional, and
intellectual development of a child. Girl Child Neglect: Girl child neglect is the failure to
provide for the all round development of the girl child including health, nutrition,
education, shelter, protection and emotional development. This also includes aspects of
gender discrimination.
The Existing Legal Framework to deal with the problem of Child Abuse in
India
Nineteen percent of the world's children live in India. Harmful traditional practices
like child marriage, caste system, discrimination against the girl child, child labour and
Devadasi tradition impact negatively on children and increase their vulnerability to abuse
and Neglect. Lack of adequate nutrition, poor access to medical and educational facilities,
migration from rural to urban areas leading to raise in urban poverty, children on the
218
streets and child beggars, all result in breakdown of families. These increase the
vulnerabilities of children and expose them to situations of abuse and exploitation. There
are various legal frameworks for the protection of child. They include the following.
Constitution of India
The Constitution of India recognizes the vulnerable position of children and their
right to protection. Following the doctrine of protective discrimination, it guarantees in
Article 15 special attention to children through necessary and special laws and policies that
safeguard their rights. The right to equality, protection of life and personal liberty and the
right against exploitation are enshrined in Articles 14, 15,15(3), 19(1) (a), 21, 21(A), 23,
24, 39(e) 39(f) and reiterate India's commitment to the protection, safety, security and
well-being of all its people, including children. Even though these fundamental rights are
available in the constitution still the children are abused in factories, street, no proper
education is given etc. This means that they are not aware of their rights .so proper
awareness must be given to the children.
The Indian Penal Code.

• Foeticide (Sections 315 and 316)
• Infanticide (Sec. 315)
• Abetment of Suicide: Abetment to commit suicide of minor (Sec. 305)
• Exposure and Abandonment: Crime against children by parents or others to expose
or to leave them with the intention of abandonment (Sec. 317)
• Kidnapping and Abduction:
_ kidnapping for extortion (Sec. 360),
_ kidnapping from lawful guardianship (Sec. 361)
_ kidnapping for ransom (Sec. 363 read with Sec. 384),
_ kidnapping for camel racing etc. (Sec. 363)
_ Kidnapping for begging (Sec. 363-A)
_ kidnapping to compel for marriage (Sec. 366)
_ kidnapping for slavery etc. (Sec. 367)
_ kidnapping for stealing from its person: under 10 years of age only (Sec. 369)
• Procurement of minor girls by inducement or by force to seduce or have illicit
intercourse (Sec. 366-A)
• Selling of girls for prostitution (Sec. 372)
• Buying of girls for prostitution (Sec. 373)
• Rape (Sec. 376)
• Unnatural Sex (Sec. 377).
Even though IPC provides punishment for these offences committed against children.
A child doesn’t know these are offences committed against them. Therefore legal
awareness must be given to them from lower classes onwards.
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The Juvenile Justice (Care and Protection of Children) Act, 2000

This legislation provides proper care to children in conflict with law. It prescribes a
uniform age of 18 years, below which both boys and girls are to be treated as children. A
clear distinction has been made in this Act between the juvenile offender and the
neglected child. It also aims to offer a juvenile or a child increased access to justice by
establishing Juvenile Justice Boards and Child Welfare Committees. The Act has laid
special emphasis on rehabilitation and social integration of the children and has provided
for institutional and non-institutional measures for care and protection of children. The
non-institutional alternatives include adoption, foster care, sponsorship, and after care.
Important provision relating to child abuse is Section 23: Punishment for cruelty to juvenile or
child: The Act provides for punishment, (Imprisonment up to six months), Section 24:
Employment of Juvenile or Child for Begging: The Act provides for punishment
(Imprisonment for a term which may extend to 3 years and fine), Section 26: Exploitation of
Juvenile or Child Employee: The Act provides for punishment (Imprisonment for a term
which may extend to 3 years and fine).
The Immoral Traffic (Prevention) Act, 1956

In 1986, the Government of India amended the erstwhile Suppression of Immoral
Traffic in Women and Girls Act 1956 (SITA), and renamed it as the Immoral Traffic
(Prevention) Act (ITPA) to widen the scope of the law to cover both the sexes exploited
sexually for commercial purposes. "Child" under ITPA means a person who has not
completed the age of sixteen years and "prostitution" means the sexual exploitation or
abuse of persons for commercial purpose.
Child Labour (Prohibition and Regulation) Act, 1986

The Act was formulated to eliminate child labour and provides for punishments and
penalties for employing children below the age of 14 years in from various hazardous
occupations and processes. The Act provides power to State Governments to make Rules
with reference to health and safety of children, wherever their employment is permitted.
It provides for regulation of work conditions including fixing hours of work, weekly
holidays, notice to inspectors, provision for resolving disputes as to age, maintenance of
registers etc. Even though this Act is there, studies show that so many children are
exploited in their work place. Many children come from rural areas and work in hotels
and factories in urban area for their livelihood. This type of practise must be eliminated
and proper measures must be implemented.
The Prohibition of Child Marriage Act, 2006

The Child Marriage Restraint Act, 1929 has been repealed and the major provisions of
the new Act include:
Every child marriage shall be voidable at the option of the contracting party who was a
child at the time of the marriage; The Court while granting a decree of nullity shall make
an order directing the parties, parents and guardians to return the money, valuables,
220
ornaments and other gifts received; The Court may also make an interim or final order
directing the male contracting party to the child marriage or parents or guardian to pay
maintenance to the female contracting party to the marriage and for her residence until
her remarriage; The Court shall make an appropriate order for the custody and the
maintenance of the children of child marriages; Notwithstanding that a child marriage has
been annulled, every child of such marriage shall be deemed to be a legitimate child for all
purposes; Child marriages to be void in certain circumstances like minor being sold for the
purpose of marriage, minor after being married is sold or trafficked or used for immoral
purposes, etc.; Enhancement in punishments for male adults marrying a child and persons
performing, abetting, promoting, attending etc. a child marriage with imprisonment up to
two years and fine up to one lakh rupees; States to appoint Child Marriage Prohibition
Officers whose duties include prevention of solemnization of child marriages, collection of
evidence for effective prosecution, creating awareness and sensitization of the community
etc. Even though this Act provides punishment for child marriage, and still child marriage
is prevailing in India, especially in rural areas. This is because these types of legislations are
only in paper to an extent and not in practice.
The Commissions for the Protection of Child Rights Act, 2005

The Act provides for the Constitution of a National and State Commissions for
protection of Child Rights in every State and Union Territory. Apart from these
legislation, there are other legislations’ such as Guardian and Wards Act, 1890, Factories
Act, 1954, Hindu Adoption and Maintenance Act, 1956, Probation of Offenders Act,
1958, Bombay Prevention of Begging Act, 1959 etc. there are also certain national
policies such as National Policy for Children, 1974, National Policy on Education, 1986,
National Policy on Child Labour, 1987, National Nutrition Policy, 1993 etc.
International Conventions and Declarations

India is signatory to a number of international instruments and declarations pertaining
to the rights of children to protection, security and dignity. In 2005, the Government of
India accepted the two Optional Protocols to the UN CRC, addressing the involvement
of children in armed conflict and the sale of children, child prostitution and child
pornography. India is also a signatory to the International Conventions on Civil and
Political Rights, and on Economic, Social and Cultural Rights which apply to the human
rights of children as much as adults. Three important International Instruments for the
protection of Child Rights that India is signatory to, are: Convention on the Rights of the
Child (CRC), Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), SAARC Convention on Prevention and Combating Trafficking in
Women and Children for Prostitution.
Conclusion and Recommendations

Child abuse is a problem to be studied in national basis. The purpose of this paper is to
establish that child abuse exists and also to provide the information base that will help
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SASCV 2013
Government to formulate, legislation, schemes and interventions to deal with the

problem. The primary responsibility of protecting children from abuse and neglect lies
with the families. However, communities and civil society are also responsible for the care
and protection of environment and provide a safety net for children who fall into
vulnerable children the overarching responsibility is that of the state and it is the state that
has to create a protective environment and provide a safety net for children who fall in
vulnerable and exploitative situation.
General Recommendations
Policy and Legislation: The present National Policy on Children 1974 needs revision
and there is a clear and established need for a separate National Child Protection Policy. In
addition, every state should set up a State Commission for the Protection of Rights of the
Child and formulate Plans of Action for Child Protection at the district and state levels.
There is also a clear and established need for a National Legislation to deal with child
abuse. The proposed legislation should address all forms of sexual abuse including
commercial sexual exploitation, child pornography and grooming for sexual purpose. It
should also deal with physical abuse including corporal punishment and bullying,
economic exploitation of children, trafficking of children and the sale and transfer of
children. The legislation should also look at mechanisms of reporting and persons
responsible for reporting.
Protocols: In order to enhance the standards of care and build a protective environment
for children in the country, there is a need to develop standard protocols on child
protection mechanisms at the district, block and village levels, defining roles and
responsibilities of each individual and agency. Such protocols should also lay down
standards and procedures for effective child protection service delivery including
preventive, statutory, care and rehabilitation services for children
Scheme on Child Protection: There is a need for national scheme. A scheme should
identify vulnerable families and children, prevent vulnerabilities and provide services to
those in need. The scheme should strengthen statutory support services provided under
the Juvenile Justice (Care and Protection of Children) Act 2000 for children in need of
care and protection and children in conflict with law.
Outreach and Support Services: The study has revealed that the majority of abuse
cases take place within the family environment, the perpetrators being close family
relatives
Tracking Missing Children: Children go missing for a number of different reasons.
Difficult and abuse situations at home often force children to run away; economic
compulsions make them move to urban and semi-urban areas in search of a living; and
sometimes they are trafficked for domestic work, other forms of labour or commercial
sexual exploitation
Advocacy and Awareness: The media should be used to spread awareness on child
rights. Debates and discussions with participation of children can be a regular feature on
222
electronic media in order to enhance people's knowledge and sensitivity on child

protection issues.
Specific Recommendations
Children in schools
Schools as compared to other situations are the safest place for children and therefore
efforts should be made to increase the enrolment and retention of children in school by
adopting innovative, child friendly methods of teaching. Children’s' participation in
meetings held by village education committees on issues dealing with school functioning,
governance and maintenance of facilities at school, should be encouraged.
Children in institutions
India continues to use institutionalization as a method of providing services to children
in difficult circumstances. Although internationally it is now an established fact that
institutionalization is not in the best interest of the child, yet, in countries like India,
where the number of children in need of care and protection is very high and the non-
institutional methods of care are not developed, the institutionalization of children will
continue till alternatives are identified. In the light of this the following recommendations
are made: a) Juvenile Justice Boards, Child Welfare Committees and Special Juvenile
Police Units should be set up in each district and manned by sensitive and trained
personnel, b) In existing institutions, standards of care should be established and
maintained. Institutions under the Juvenile Justice (Care and Protection of Children) Act
2000 are corrective institutions. Children in conflict with the law in these institutions
should be provided with all the opportunities to reform and develop into responsible
citizens. The present state of the existing institutions leaves a lot to be desired, c) Every
home should have a management committee whose members, along with members of the
community and civil society, should be involved in the efficient running of these
institutions and prevention of abuse. Children should also be encouraged to participate in
the management of the institutions.
223
48
Child soldier phenomenon:
A challenge to international humanitarian and human rights law
Asha Verma and Ruchi Lal
They tied the boy’s hands behind his back and beat him unconscious. Then they
propped him up in a chair and turned to Grace with the orders that ‘shoot him’ with the
threat that “if you miss, you will replace him in the chair’. So Grace stood 20 feet away,
took careful aim and pulled the trigger162.
Grace was ten year old when she killed the boy in Sudan. She’s one of the 300,000
child soldier estimated to be present around the world today.163
According to UNICEF, a child soldier is any person under 18 years of age who is part
of any kind of regular or irregular armed forces, used either as combatants or as cooks,
porters, messengers and spies. Children are preferred to be recruited as soldiers for the
simple reason that they are easier command than adults, are highly motivated, and are
dedicated.164 The countries with the highest number of child soldiers in the world in the
governmental forces are Afghanistan, Colombia, Sri Lanka, Iraq, and Sudan, to mention a
few. In situations of violence not amounting to armed conflict also children constitute a
significant part of armed groups165 like those prevailing in cities of Brazil; Central America,
South Africa, and Nigeria166 In India also there are reports of children being recruited by
Maoist and militant groups in the torn states of Andhra Pradesh, Chhattisgarh, Jharkhand
Manipur, Nagaland, Assam and Jammu and Kashmir.167
Reasons
There are numerous factors which can lead a child to become a combatant such as
personal experiences of brutal acts leading to the wish for revenge; survival tactics such as
the act of defending one’s family; social and political manipulations and adolescent
ideologies. Some of these factors explain the recruitment of child soldiers in Sierra Leone.
162
Gallagher.M.S. (2001). Soldier Boy Bad: Child Soldiers, Culture and Bars to Asylum. International Journal of
Refugee Law. 13 (3 3),10
163
Harvey.R (2003). A Guide to International Humanitarian and Human Rights Law, International Bureau of
Children’s Rights retrieved on 5th november2012 from http:// www.essex.ac.uk/armedcon/story_id/000044.pdf .
164
Barstad.K. (2009). Preventing Recruitment of Child Soldiers: ICRC’s Approach. Refugee Survey Quarterly.
27(4), 143.
165
Rosenblatt. R (1983). Children of War, London, New English Library.
166
Poretti. M (2009). Preventing Children from Joining Armed Groups. Refugee Survey Quarterly. 27(4), 124
167
Canadian Armed Forces Recruiting information, “How to join”, retrieved on 5th November2012 from
http://www.forces.ca/v3/engraph/resources/howtojoin_en.aspx?bhcp¼1#be
Child Soldier phenomenon
168
Their recruitment can also be forced one as happened in northern Uganda where
children are abducted and forced into soldering with threats of death.169
International instruments for the Protection of Child Soldiers

Though the children are entitled to the protection of Universal Declaration of Human
Right 1948, International Covenant on Civil and Political Rights and International
Covenant on Economic, Social and Cultural rights,170 the child soldiers are also
specifically protected by the various international instruments as listed below.
I. United Nations Convention on Rights of Child 1989(CRC)

The convention defines child as “every human being below the age of 18 years unless,
under the law applicable to the child, majority is attained earlier.171 Article 38 of the
Convention provides that children under 15 years of age should not be recruited and that
governments should prioritise the protection and care of children.172 Article 39 relates to
the post conflict care of children, obligating States to assist the physical and psychological
recovery and social reintegration of children who have been victims of armed conflict.
Though Article 38 endorses the language of Art. 77(2) of Additional Protocol I to the
Geneva Convention 1949,173 it is not as emphatic as Article 4(3) of Additional Protocol II,
governing non-international armed conflicts.174
This implies that restrictions contained in CRC with regard to recruitment of child
soldiers do not extend to internal conflicts or non-state armed groups.175
168
Secutity Council Report, Children in Armed Conflict. (2012), retrieved on 12th November2012 from
www.securitycouncilreport.org/children-and-armed-conflict.
169
Mullin. C.M. & Loughry.M(2004) , Investigating Psychosocial adjustment of Former Child Soldiers in Sierra
Leone and Uganda. Journal of Refugee Studies, 17(4), 461.
170
International Covenant on Civil and Political rights 1966, International Covenant on Economic, Social and
Cultural Rights, 1966. Other significant human rights treaties include the American Convention on Human Rights
1969, the African Charter on Human and Peoples’ Right 1981 and the African Charter on the Rights and Welfare of
the Child 1990.
171
Article 1 of Child Rights Convention 1989.
172
Kahurananga.R, Chidren Affected by Armed Conflict: Child Rights Law vs. Compliance retrieved on 7th
November 2012 from http://www.childjustice.org.
173
77(2) of Additional Protocol I to the Geneva Convention 1949 provides that the parties to the conflict shall take
all feasible measures in order to ensure that the children who have not attained the age of 15 years do not take a
direct part in hostilities and, in particular , they shall refrain from recruiting them in armed forces.
174
Article 4(3)(c) children who have not attained the age of fifteen years shall neither be recruited in the armed
forces or groups nor allowed to take part in hostilities;
175
Olasunkanmi Anwo.J & Fatula.O. (2007). Child soldiers Phenomenon and the Response, ISIL Yearbook of
International Humanitarian and Refugee Law, VII, 10.
225
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II. Optional protocol to the Convention on the Rights of the Child on the
involvement of children in Armed Conflict 2000176
With regard to a State’s armed forces, Article 1of the Protocol requires States to “take
all feasible measures” that any under18 year old within its armed forces do not take a
direct part in hostilities. This is a leap from Article 38 of the CRC, which prohibits those
under the age of fifteen from taking a direct part in hostilities.177 Article 2 prohibits the
compulsory recruitment of children below the age of 18 years into a State’s armed forces.
This is also step ahead of CRC, which does not specifically mention compulsory
recruitment restrictions. Article 4 refers to armed groups that are different from state
armed forces, a category which was not specified in CRC.178
III. International Humanitarian Law

Under IHL, the prohibition of the recruitment and use of child soldiers were
undertaken with the adoption of the1977 Additional Protocol I179 and Additional Protocol
II 180 to the 1949 Geneva Conventions. Article 77(2) of Additional Protocol I requires the
parties to an international armed conflict to ‘take all feasible measures in order that
children who have not attained the age of fifteen years do not take a direct part in
hostilities and, in particular ,they shall refrain from recruiting them into their armed
forces’. Article 4(3) (c) of Additional Protocol II, applicable in armed conflicts not of an
international character, provides that ‘children who have not attained the age of fifteen
years shall neither be recruited in the armed forces or groups nor allowed to take part in
hostilities’.
IV. Rome Statute of International Criminal Court, 1998,

The age of 15 years was once again used as the threshold for recruitment and
deployment in the Rome Statute of the International Criminal Court, 1988, which lists
the recruitment of children less than 15 years of age for the purpose of direct to
participation in international conflicts, and in conflicts not of an international character, as
a war crime.181
Recent Decisions
On 14 March 2012, the International Criminal Court gave its decision in The
Prosecutor v.Thomas Lubanga Dyilo wherein Thomas Lubanga, a warlord who had operated
in the Ituri region of the eastern Democratic Republic of the Congo, was convicted of the
176
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed
Conflict, entered into force12 February 2002. As of12 April 2012, the Optional Protocol had 14ratifications.
177
Supra note 12
178
Ibid
179
Additional Protocol I deals with Protection of Victims of International Armed Conflicts
180
Additional Protocol II relates to the Protection of Victims of Non-International Armed Conflicts.
181
Article 8(2) (b) (xxvi) and Article 8(2)(e)(vii) of Rome Statute of International Criminal Court.
226
Child Soldier phenomenon
crimes of conscripting and enlisting children under the age of 15 years into his armed
group.
On 26 April 2012, the Special Court for Sierra Leone (SCSL) found the former
President of Liberia, Charles Taylor, guilty of planning, aiding and abetting war crimes
and crimes against humanity including recruitment and use of child soldiers.182
These two decisions are of immense importance in this arena as they have been
successful in sending a powerful signal to the international community at large that
recruitment and use of children in armed conflict will not go unnoticed and unpunished.
Conclusion
Despite there being an elaborate protection mechanism in the form of provisions in
IHL, human rights law, CRC, Optional Protocol etc., the fact remains that child soldiers
are existent in the world today at a large scale. The ideal solution to the whole problem
can be to take concerted efforts to end the ongoing conflicts which are destroying the lives
of millions of children. But in the current international scenario this seems to be a
farfetched dream. Till this dream is realised efforts should be made to enable the child
soldiers to pick up the pieces of their shattered childhoods and to move on towards a
brighter future, free from fear, threats, and violence. Also it is important that the
protection of children in armed conflict and their subsequent rehabilitation and
reintegration should remain high on the global humanitarian and human rights agenda.
182
Sivakumaran.S. (2010). War Crimes before the Special Court for Sierra Leone Child Soldiers, Hostages,
Peacekeepers and Collective Punishments. Journal of International Criminal Justice, 8 ,1009-1034.
227
49
When the child decides to marry:
Some reflections on the legal issues with
special reference to the criminal justice system in India
G. Sreeparvathy
The practice of children being forced to ‘marital bliss’ is one of the challenges faced by
most South Asian countries, particularly India. The emotional and physical stress, a victim
of such a marriage has to undergo and the impact of such early marriages on the
emancipation and empowerment of women need not be over emphasised. The Child
Marriage (Prohibition) Act, 2006, (Hereinafter PCMA) fixes the minimum age for marriage
as eighteen and twenty one for girls and boys respectively.183Despite legislative mandates
and social interventions by activist groups including government agencies, a considerable
percentage of marriages in India take place in violation of the statutory requirement as to
age. However, another issue that is increasingly becoming a concern for the judiciary and
social activists is that of children entering in to marital ties voluntarily either with an adult
or with another minor, without consent or against the wishes of their parents.
These unions are also child marriages as at least one of the parties would be below the
age of marriage. But they raise different and even more complex issues, for the judiciary as
well as the social workers. In addition to personal law issues like validity of such marriages,
guardianship and custody of the married child, these cases involve matters of concern for
criminal law as well. Referred to as ‘run away marriages’ or ‘rebellion marriages’, it is
regarded as a challenge to the honour of the family or community, and are often dealt
with through extra-legal mechanisms like KhapPanchayats and honour killings. It is
pertinent to note here how the parents themselves, who are usually accused of contracting
child marriages becomes complainants here making allegations of kidnapping and rape and
seeking custody of the married child through habeas corpus petitions claiming to be the
legal guardians.184This, at times, involves a manipulation of the age of the girl to benefit
from the provisions of PCMA. On the other hand the eloping couple seeks the protection
183
Sec. 3 of PCMA
184
Flavia Agnes makes the following observation in this regard- It is indeed ironical that the provisions of the
seemingly progressive CMRA come to the aid of parents to tame “defiant” young women, prevent voluntary
marriages and augment patriarchal power than to pose a challenge to it. When child marriages are performed by
families and communities, the provisions of this statute are seldom invoked. Many a time a girl, who is restored to
parental custody, is married off while is still a minor against her wishes. The patriarchal bastions are too strong and
well-fortified for a modernist feminist discourse to enter and change social mores through legal diktats. The only
sphere in which these provisions come into play is during “elopement” marriages where patriarchal power colludes
with the state power. See Marriages of Choice: Articulation of Agency, State Interventions and Feminist Locations,
in Laws Locations: Textures of Legality in Developing and Transitional Societies, UW Law School, Madison
When the Child decides to Marry
of the court through protection orders apprehending danger from the parents and
community, particularly when the marriage is inter-caste.
The response of the judiciary to these issues, have been quite ambivalent frequently
depending on the facts and circumstances and the social conditions prevailing.185 For
instance, it may be seen that the High Courts of the states where the issue of honour
killing is very rampant like the Punjab, Haryana and Delhi more often refuse to send the
child with the parents whereas cases from southern and north eastern parts186 of the
country takes a different approach. The observation of the High Court of Punjab &
Haryana in Ashok Kumar v State,187 as to how the couples performing love marriage are
chased by police and relatives, accompanied by musclemen candidly brings out how the
decision of the court is influenced by the social realities of the times.
Judicial interventions giving validity to the marriage and allowing the minor girl to live
with the husband are many188. In such decisions the courts have also quashed criminal
charges against the husband.189These decision branded as progressive by many has been
condemned as regressive even by women’s groups. The controversies which emerged in
the context of the Delhi High Court decision in Tahra Begum190is testimony to the diverse
take of various stake holders on the issue.191But the courts, even while rejecting charges of
kidnapping, has at times refused custody to the husband irrespective of the wishes of the
minor. On the other hand are decisions where the judge has denied to sustain the validity
of elopement child marriages and held that it amounts to kidnapping from legal
guardianship punishable u/s 361 of IPC.192The question whether a minor who has
contracted marriage with another a ‘juvenile in conflict with law’ also came up and it has
been answered in the negative by the Madras High Court193.
185
MeenaDhandain her study of runway marriages in Punjab enunciates the factors affecting the grant of protection
orders by the High Courts and illustrates the peculiar judicial process involved in such cases. Supra n. 1
186
See the decision in Wajed Aliv.State of Assam, 2012(3)GLT426
187
I (2009) DMC 120 P&H
188
There are a number of decisions in which the judiciary has upheld the validity of child marriage, disregarding the
parental allegations of kidnapping, and permitted the minor girls to join their husbands. See the decisions in
JitenBouri v State of West Bengal, [II (2003) DMC 774] Cal., Manish Singh v. State, NCT Delh[I (2006) DMC 1],
Sunil Kumar v. State, NCT Delhi [I (2007) DMC 786], Kokkula Suresh v. State of Andhra Pradesh [I (2009) DMC
646].
189
Jitender Kumar Sharma v. State, 171(2010)DLT543, the court while allowing the minor to reside with her
husband quashed the criminal charges against him.
190
Mrs.Tahra Begumv.State of Delhi &Ors., MANU/DE/2154/2012
191
For the views of those who argue in favour of the judgement see Flavia Agnes, Consent, Age and Agency:
reflections on the recent Delhi High Court judgement on minors and marriage available at http://kafila.org/tag/delhi-
high-court-judgement/. A contrary view has been expressed by many including the women’s groups. See also
ShaziaNigar Courting Concerns: The Delhi High Court Judgment On Child Marriage, available at
http://www.countercurrents.org/nigar030712.htm
192
For instance, Mr. Avinsah v. State of Karnataka, 2011(4)KarLJ560, the court while denying habeas corpus to the
petitioner (who claimed to be the husband of the minor), held that he has committed the offence of kidnapping and
directed the police to apprehend him.
193
T. Sivakumar v. Inspector of Police, AIR2012Mad62, the Madras High Court answered the question in the
negative.
229
SASCV 2013
Another issue that has come before the courts is with respect to the kidnapping and
rape charges that the parents file against the husband of the minor. According to PCMA, if
the child is enticed or taken out of the keeping of the lawful guardian, such marriages would
be null and void.194 This is in conformity with the existing personal laws which consider
the child below the statutory age of discretion to be under the guardianship and custody of
the parent or other lawful guardians. Now, when a girl elopes with a boy or man of her
choice, the parents often file charges of kidnapping and even rape. Another concern is the
application of the rape provisions in cases of elopement of marriages of minors. The Indian
Penal Code doesn’t consider ‘consent’ of a child below sixteen relevant for the purposes of
rape.195 Thus, in cases of child elopement where the marriage is rendered void by the
courts, sexual intercourse, if proved would attract rape provisions. This has been criticised
by feminists as augmenting ‘patriarchal parental power’ over minor girls.196In addition, the
application of the newly enacted the Protection of Children from Sexual Offences Act,
2012 may also become relevant.
194
Sec. 12. Where a child, being a minor-(a) is taken or enticed out of the keeping of the lawful guardian; or (b) by
force compelled, or by any deceitful means induced to go from any place; or (c) is sold for the purpose of marriage;
and made to go through a form of marriage or if the minor is married after which the minor is sold or trafficked or
used for immoral purposes, such marriage shall be null and void.
195
According to Section 375 IPC sexual intercourse with a child below 16 years with or without her consent is rape.
But if the child is the wife of the man and is above the age of fifteen such intercourse would not be considered rape.
196
In this regard Flavia Agnes says “When we examine the agency which a young girl expresses in an elopement
marriage, the legal provision becomes a weapon to control sexuality and curb marriages of choice. Even though the
criminal provisions regarding kidnapping and statutory rape appear to be protecting minor girls, these provisions are
aimed at augmenting the patriarchal parental power over the minor girl. There are no exceptions in the laws on
abduction and kidnapping that allow a minor to opt out of guardianship, or to leave her parental home on grounds of
domestic violence, child sexual abuse or abuse of parental authority. The use (and abuse) of police power, at the
instance of parents with regard to marriages of choice, works in direct contrast to women’s autonomy, agency and
free will. Supra 1.
230
50
What children say about violence, victimization and
punishment?
Srisombat Chokprajakchat
This study explains concepts of violence, victimization, and punishment by examining

the attitude and perception of juvenile in Nakhon Pathom province, Thailand. The study
is aimed to identify juveniles’ violence, victimization, and punishment perspectives. The
1,873 samples were randomly selected from students in the seventh and tenth grades
around Nakhon Pathom province in Thailand. A self-monitor survey is used. The
researchers also seek ways to protect, prevent, and alleviate juvenile violent behaviors and
victimization.
Research results
For violence, students have a negative attitude (disagree) towards items on possession
of guns, beating up a person for bad mouthing, using violence to get what you want,
using violence to get respect, and seeing myself committing a violent crime in the next
five years. It’s very interesting that an item on possession of guns has the lowest mean
presenting that most students against an ownership of guns. The two statements that
students agree the most are “it’s okay to do whatever it takes to protect myself”, and “I try
to stay away from places where violence is likely”. However, most students are unsure
about the following statements “I think parents should tell children to use violence if
necessary”, “carrying a gun or knife would help me feel safer”, “It’s okay to carry a gun or
knife if you live in a rough neighborhood”, “If a person hits you, you should hit them
back”, “I’m afraid of getting hurt by violence”, and “if someone tries to start a fight with
you, then you should just walk away from them”. Therefore, we should revisit this issue
and try to find a way to create a negative attitude toward violence among our juveniles.
For verbal peer-victimization, verbal peer-victimization is the most common
occurrence in this study. When we compare between male and female, it is clearly
presented that females were verbally victimized at a greater rate than a male counterpart.
Name calling is the most incident occurring in this category. More than one in every
three students was a victim in this act, which about 42.6% of female students identify that
somebody calls them names, and around 33.4% among male students. Moreover, more
than half of the participants indicate that such incidents occurred to them more than once
in the past year. The second most common of verbal peer-victimization is “made fun of
me because of my appearance.” Approximately 69 % of students indicate that they were
made fun of because of their appearance, which female represent roughly 42% and male
represent around 27% of incidents. Lastly, it shows that around 68.4% of students were
SASCV 2013
also made fun of for other reasons. Almost 39 % of female students go through these
horrendous incidents. About one in every four female students has experienced these
events more than once in the past year. Male students encounter such act in a lower rate
than female students, which about 29% answer that they were faced with such events.
For physical peer-victimization, unsurprisingly shows that male participants
experienced every items of physical peer-victimization more than a female counterpart.
In a past year, almost 18% of male students were punched by their peer more than once,
compared to only 7.7% among females. Overall participants were kicked approximately
26.6% among male participants and 21.2% among female participants. This act is the most
common incident in a physical peer-victimization. Male students were hurt physically in
some way roughly 18.6%, and 13.8% among a female counterpart. Both male and female
are less likely to be beat up by their peer which occur about 8% and 2.1 % respectively.
For peer-victimization on attacked on property by gender, It’s very interesting to find
that female generally has a higher rate of victimization than their male counterpart in this
category. The number one wrongdoing is “took something of mine without permission”,
which presents about 76.5% of students (30.5% male and 45.9% female) were experienced
in such incidents. Next, it’s “stole something from me”. Approximately 68.2 % of
students reported that they were a victim of larceny theft by their peer, which 40.2% of
female, and 27.9% of male were a victim of such act. “Deliberately damaged some
property of mine” is the next type of peer-victimization on attacked on property that
students experienced showing around 34.9% of students encounter such incidents. Less
than one fourth of students reported an occurrence that someone tried to break something
of theirs, and these incidents closely occurred to both female and male, 11.8% and 11.1%
respectively.
For social manipulation factors, it showed that female students experience more
victimization than a male counterpart except the first factor, “tried to get me into trouble
with my friends” which 20.7 % of male students indicate that they experienced such as act
compare to 18.3% of female students. But female students report that they experience
such incident only once in a past year, more than male students. “Cruelly behaved against
me” (24.2%) is an act that female participants experience the most and follows by “made
other people not talk to me” act (23.2%). Both male and female participants almost
identically indicate that they experienced someone tried to make their friends turn against
them with a rate of 11.3% and 11.4% respectively.
It’s very interesting to find that generally female students were victimized in a majority
of wrongdoing except physical victimization. We, therefore, need to re-examine this
finding to better understanding this correlation. Gender specific theories and methods will
alleviate an ambiguity of these results and will help us establish an optimal measure to
prevent victimization among our juveniles, particularly in a female group.
For juvenile’s attitude on punishment, juveniles which disciplinary action (verbal
warning, caning, deducting student behavioral score, probation by school officials, or
referral to police) is most appropriate for each infraction type. Verbal warning is favored
by more than half of juveniles (57%) for verbal abuse and is the preferred action for false
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What children say about violence, victimization and punishment
accusations against other students (40.0%) and, surprisingly, personal property theft from
fellow students (31.0%). This figure differs meaningfully from school property theft
(8.4%) where students strongly suggest that probation is the preferred disciplinary action.
Historically, caning was quite common in the Thai school systems. The Ministry of
Education Regulation on Student Punishment (2005) prohibited caning and other forms
of corporal punishment in schools. Despite this, almost a quarter of the students
recommend caning for physical fighting (24.7%), personal property theft (22.9%), and,
interestingly, truancy (22.3%). Deducting from a student’s behavioral score is a common
disciplinary action in Thailand. Approximately half of the sample suggests this is the most
appropriate form of disciplinary action for students who cheat on examinations (50.8%),
followed by truancy (37.7%) and physical fighting (32.5%). The most severe disciplinary
action is referral to the police, and more than half of the sample chose this as the most
appropriate action for weapon possession.
In summary, students indicate that verbal warning is the most appropriate for verbal
fighting (57%), theft of personal property from fellow students (31%), and false accusations
(40%). Deducting student behavioral scores is strongly preferred for physical fighting
(32.5%), cheating (50.8%), and truancy (37.7%). Probation is the favored disciplinary
action for theft of school property (30.8%) and damaging school property (35.4%).
Finally, students appropriately believed that weapon possession is a matter to be handled
by the police (51%). Caning is the only disciplinary action in this survey that is not the
most recommended disciplinary action for any of the infractions.
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51
Educating virtues in order to prevent crimes? Strategies to
minimize interpersonal crimes among children and youth
C. S. John Christopher and Johan De Tavernier
Introduction
“Many people view contemporary world as verging on moral bankruptcy and view
our institutions as failing to inculcate good character” (Kotva, 1996). But it is not a new
phenomenon, since moral panics have occurred throughout recorded history. The
immediate query would be whether human nature as such is more prone to narcissism and
brutality than altruism and benevolence; or whether our society is interested more than
ever before in pessimism rather than in positive human qualities and dispositions. And this
envisages an essential question of our interest: What measures are to be implemented to
ensure human behaviour or to dispose it to the common good and welfare of others? This
paper is primarily focused on the kind of basic virtue education that should be given in
schools to minimize interpersonal crime among children and youth. First of all, we present
virtue ethics, virtue approach and virtue education as a theoretical perspective to preclude
violence in schools. Secondly, we aim to propose three unique orientations that are
attached to this solution: person-centered education, education focused on being rather
than education centered on doing and education that transcends from information to the
level of transformation.
Context
Indisputably, education has been proven to be a great catalyst for ‘change’. This change
has had both positive and negative impacts. Positive since there is remarkable growth in
economy, literacy, health, employment, science and technology, life expectancy etc.
Negative because violence still exists around the world today, despite various attempts to
eradicate it from our lives: we experience an increased number of crimes, wars, terrorist
activities, human right violation, corruption, rapes and to be more specific the violent
juvenile crime against peers, school staff, and property; teen pregnancy, suicides, and so on
among children. Kofi Annan, the former Secretary General of UN, says “violence cuts
short the lives of millions of people across the world each year, and damages the lives of
millions more. It knows no boundaries of geography, race, age or income. It strikes at
children, young people, women and the elderly. It finds its way into homes, schools and
the workplace. Men and women everywhere have the right to live their lives and raise
their children free from the fear of violence. We must help them enjoy that right by
making it clearly understood that violence is preventable, and by working together to
identify and address its underlying causes” (WHO, 2002).
Educating virtues in order to prevent crimes
SNAPSHOTS- 2011
YEA GENERAL VIOLENT CRIME HUMAN CRIME JUVENILE
R CRIME CRIMES AGAINST TRAFFI AGAINST DELINQUE
STATISTICS WOMEN CKING CHILDRE NCY
N
INCID RAT INCI RA INCID RA INC R INC RA INCI RA

ENCE E DEN TE ENCE TE IDE A IDE TE END TE
CE NC T NC CE
E E E
2010 67507 569.3 2,41, 20. 2,13,5 18. 342 0. 266 2.3 2274 255
48 986 4 85 0 2 3 94 0 8
2011 62526 616.7 2,56, 21. 2,28,6 18. 351 0. 330 2.7 2512 283
29 329 2 50 9 7 3 98 5 7
National Crime Records Bureau, Ministry of Home Affairs, India, 2012
In this precarious scenario, we situate a ‘taken for granted’ context namely; ‘school’
which has enormous potentiality as locus for crime prevention though the aforementioned
incidents suggest otherwise. School is an abode where both criminality and victimization
are simultaneously demonstrated. There are students with criminal temperament and there
are children who are very often scapegoats to victimization in the same class room as well.
Of course, children are the most vulnerable and potentially defenceless members of an
increasingly globalised society (Gearon, 2001). However, as Marta Santos Pais, Special
Representative of the UN Secretary General on violence against children articulates,
“education has a unique potential to generate an environment where attitudes condoning
violence can be changed and non-violent behaviour can be learned. From children’s early
years, schools are well placed to break patterns of violence and provide skills to
communicate, to negotiate and support peaceful solutions to conflicts” (WHO, 1998).
Obviously, schools cannot control many factors that contribute to violence. Yet, they can
address a broad range of behaviors, skills, communication patterns, and attitudes that
support and perpetuate violence.
Virtue Ethics and Virtue Approach to Virtue Education

The concept of virtue has a long tradition in ethical theory. Virtue ethics is a
theoretical perspective within ethics which holds that judgements about the inner lives of
individuals (their traits, motives, dispositions, and character), are of great moral importance
than the judgements about the rightness or wrongness of external acts and/or consequence
of acts (Louden, 1998). According to Livio Melina, it is an “ethics of the first person”
which is rooted within the perspective of the subject, who in her/his acting is called upon
to realize acts that are excellent, that directs her/him to her/his own fulfillment and not
“an ethics of the third person,” which is situated within the perspective of the observer,
who evaluates the external act according to its conformity to the rule. David Carr defines
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virtue ethics “as a systematic and coherent account of virtues” (Steutel & Carr, 1999). His
primary concern seems to identify certain traits as desirable, by analyzing and classifying
them with the exposition of their moral significance, in order to justify those traits as
virtues. Concisely, virtue ethicists are not primarily interested in particular actions but
simply interested in persons. Their point of discussion is not what s/he does but who
should s/he become (Keenan, 1998).
The pertinent question which is of great importance with regard to virtue education is
the following: how can virtues be inculcated through education? Aristotle believes that the
inculcation of virtuous character is first acquired by first exercising them through vigorous
practice: “we become builders by building and lyre-players by playing the lyre. So too we
become just by doing just actions, temperate by temperate actions, and courageous by
courageous action” (NE 1103b). In the process, role models often play a significant part.
One can develop a virtuous character by imitating a virtuous person (Vanlaere &
Gastmans, 2007). It is also equally true that virtues of character do not occur or flourish in
a vacuum.
Nonetheless, virtues are acquired not with practice alone. Definitely, virtues can be
learned, taught and practiced. Aristotle further states that virtuous mean is determined by
reason as well, to put it more technically, “by reference to which the practically wise
person would determine it” (NE 1107a). In fact, the acting agent must act first of all with
knowledge; secondly, s/he must make a rational choice, and the choice of the action for
her/his own sake, and thirdly, it must be from a firm and unshakeable character (NE
1105a). The different variables with regard to right mean is codetermined by practical
reason (prudence).
One of the inexorable conclusions to be drawn is the fact that school is one of the
contexts where virtues can be trained and developed. School is a community of persons.
Or else, schools have to be developed as community: the teamwork or collaboration
among all those who involved; the interaction of students with teachers and the school
environment. School is the abode where the character, virtues, attitudes, dispositions,
personality traits and so on are developed and practiced. Essentially teachers become the
agents of transformation and they discharge not only their professional duties but personal
character as well. In fact, the professional goodness of a teacher is not simply a question of
acting according to the professional standards. A good teacher is the one who, through
practice and hard work, has learned to put both heart and soul into the job, and to do as a
matter of course what is expected of a good teacher: to be concerned about the wellbeing
of the students; and to be expert, honest, fair, cordial, reliable and more, and all at the
right time, towards the right person, and so forth (Gastmans, 2002). Thus teachers become
game-changers. They help children to inculcate virtues through constant practice, with
rational knowledge, critical thinking and practical wisdom. Moreover, the mutual and
intimate relationship between teacher and student, which is always a dialogue rather than
monologue, heals those children who are victimized and retrieves those children who
engage in violent and aggressive activities. As Mar Ivanios (2006) exhorts “virtues flow
only from the virtuous”. Teachers are the role model. They are the moral agents. They
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must never forget that students need a companion and guide during their period of
growth. Good teachers can mould good citizens. Good citizens not only stop violence
they also prevent violence. They make good rapport with their neighbour and to the
society at large.
Virtue Education
Once virtue ethics is placed as the theoretical base for the conception of education and
virtue education in particular, the purpose of education also becomes similar to that of
virtue ethics, namely, the development of certain traits, along with the promotion of some
understanding of their moral value or significance through justification (Steutel & Carr,
1999). More precisely, as we indicated before, the virtue approach in education is
primarily focused on cultivation and promotion of virtues. This necessitates the
understanding of the characterization of virtues in different contexts. George Sher (1992)
distinguishes three ways of understanding virtues. In agreement with the Aristotelian
tradition he articulates that “virtues are traits that are conducive to their possessor’s
flourishing, or to a person’s living a life that is in his or her best interest”. The
fundamental question is whether those virtues are traits conducive to the flourishing of
their possessors or others. Meanwhile, on the other hand, the deontological tradition seeks
virtues as traits conducive to right conduct. The crucial question here is not whether a
trait contributes to anyone’s well-being, but whether it leads its possessor to fulfill his or
her moral duties. Similarly, in the perfectionist approach, a trait is a virtue whenever it, or
its possession, has intrinsic value or worth. This position explains virtue in terms of moral
good rather than right, and equates virtues not with character traits that are good for their
possessors, but rather with traits that are good in themselves. At this point, Sher exposes
the presence of profound differences among the three approaches, but, for him, the crucial
question is not what is meant by the term ‘virtue,’ though he identifies virtue as “character
trait that is for some reason desirable or worth having” (G. Sher, 1992, p. 94).On the
contrary, his primary interest is to know if there are any character traits that can be known
to be objectively valuable. In brief, his conclusion brings about the possibility of making a
clear distinction of two categories: there are human values which are not counted as
virtues since they do not belong to the class of character traits; conversely, there are
character traits which are not treated as virtues since they are not seen as worthwhile or
desirable.
The idea of the good life can be classified as the one that is “led” and the one that is
“had”. According to William K. Frankena, when we say that one ‘led a good life’ it
implies that s/he led a morally good life, and we do not necessarily mean that s/he was a
happy woman or had a good life. Again, when we say that s/he had a good life, we mean
that s/he had a happy or desirable one; we do not necessarily mean that s/he was a morally
good wo/man. Therefore, we must distinguish the moral or morally good life from the
happy or non-morally good life (Frankena, 1970). In virtue ethics these two kinds of good
life are normally called the “virtuous life” and the “flourishing life” (Steutel, 1998). In
relation to education, Frankena (1970) distinguishes between two kinds or parts of
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education: moral education or “educating the good man,” [for virtuous life] and non-
moral education or “educating for the good life” [flourishing life]. So, there could be
moral education in view of virtuous living on the one hand, and non-moral education in
view of a flourishing life on the other. If leading a virtuous life is sufficient for a
flourishing life, then educators will concentrate only in preparing children for virtuous
living and the flourishing life will automatically follow. Conversely, if leading virtuous life
is necessary for a flourishing life, then no one can flourish without leading a virtuous life
either. Put succinctly, cultivating virtues is indispensable to preparing children for a
flourishing life (Steutel, 1998). Indeed, this is a defining characteristic of an ethics of virtue
and one of the criteria that distinguishes the virtue approach to education from other
leading approaches, like Value clarification theory and Kohlberg’s cognitive developmental
theory. The basic difference between these two approaches lies in the justification of
moral educational aims: the justification is not deontological but theological (Steutel,
1998). The argument of Sher also takes the same pattern of thought: several traits of
character are considered as virtues not only because of their relevance to the flourishing of
a community or society, but also because we cannot flourish in the absence of them (Sher,
1982). Hence, cultivation of virtues becomes an intuitive element of human flourishing.
On the issue of human flourishing, Carr not only refers to the welfare of the community
or society but also to the well-being of virtuous agent as such: “a sensible man regards it as
in his own interest and therefore wants to be wise, courageous, just and temperate” (Carr,
1991). In this respect, Steutel observes that most virtue ethicists regard living virtuously
not only as conducive to a flourishing life but constitutive of such a life. At the expense of
the rest it can be argued, of course, “education for the morally virtuous life will be an
indispensable part of education for the good life as such” (Steutel, 1998).
In conclusion, this study has sought to reaffirm virtues and virtue approach to
education as the corner stone to minimize the attitude of violence among children
especially when they are in conflict with law. In the following section we propose three
fundamental features or remedial strategies that could prevent crimes and violence among
children.
Person-centered Education
Education can be defined as an ethical practice based on the ethical requirement to
promote the wellbeing of the student by caring for her/him by a personal relationship.
The teacher-student relationship is the heart of education. This is the goal-oriented
character of education. Therefore, education especially in early childhood could be
considered as equal to a nursing care that is discharged to patients. Teachers are caregivers
(nurses) and students are care receivers (patients).
Generally the goal of education is described as the promotion of the well-being of the
students by providing good care in the wider meaning of the word (i.e. on the physical as
well as psychological, relational, social, moral and spiritual levels). Sometimes this is called
holistic education which cannot be reduced to any single technique. It is the art of
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cultivating meaningful human relationships; it is dialectic between teachers and learners

within a caring community (Bosacki, 2001).
Teaching is an ethical practice. The ethical practice becomes concrete through
personal relationship between the teacher and the student. The quality of teaching must
always be seen in the light of the relationship between a unique teacher and a unique
student. The student cannot be considered as a passive object to which an educational
technology is to be applied. On the contrary, educational activities presuppose a reciprocal
interaction between human persons who enter into relationships with each other based on
their uniqueness (Gastmans, 2002). By indulging in teaching, and the attitude and skills
associated with this activity, the teacher enters as a person into a relationship with the
student. The fundamental reciprocity of a relationship of understanding and respect can be
found in the dynamic interaction between these two. This serene environment enables
children to inculcate virtues in addition to academic learning. They are not only given
intellectual formation alone but emotional training as well. Indeed, every educational
endeavour is overtly and covertly oriented towards the inculcation of virtues and character
formation. It is both displaying the personal traits and exercising professional calibers of a
teacher to educate children with character and virtues.
Therefore in a person-centered education the customary educational vocabulary has to
be broadened. In addition to the frequently used rationalistic concepts like principles,
judgements, methods of analysis, intellectual endeavours, etc; the terminologies such as
virtues, character, intuition, vision, spirituality, personality, emotion, moral perception,
and moral sensitivity must also be incorporated as a prominent feature of the educational
package (Gastmans, 2002). Thus, education should never be compartmentalized; rather it
should be oriented towards both intellectual and emotional development of students
simultaneously. The emphasis on the person-centered education springs out new horizons
in the life of the children: a sense of direction and meaning, positive and durable
dispositions, optimistic and constructive attitudes, emotional and poignant maturity,
practical and intellectual wisdom and prudence. On the whole, each student is prepared to
face the complex and challenging realities of life with virtuous and brave face.
Education for Being versus Education for Doing

An American ethicist Richard M. Gula explicates morality in terms of “the sort of
persons we ought to be” and “the sorts of actions we ought to perform.” The sort of
person one is depends to a great extent upon the sorts of decisions and actions one has
taken, and conversely, the sort of decisions and actions which one has taken depend in
part upon the sort of person one is. As a result, “both being and doing or character and
action, constitute independent concerns and must be taken together” (Gula, 1989).The
point of his contention is that “moral goodness depends upon the quality of person that
which is constituted not by rule-keeping behaviour alone, but by cultivating certain
virtues, attitudes, and outlooks” (Gula, 1989).As a result, his emphasis is on what is
happening to the person performing actions rather than on the actions the person
performs. In the light of such points, the role of virtues becomes prominent since virtues
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are those personal qualities that stimulate us to act in a certain ways in a particular
situation. Similarly, the right action comes from a good person. Our interiority,
dispositions, habits, intentions, virtues and character get expressed in our external
behaviour. It is similar to the Biblical saying that the good tree bears good fruits and the
bad tree bears bad fruits. “An ‘ethics of being’ focuses on the good person; an ‘ethics of
doing’ focuses on right actions” (Gula, 1989).What sort of actions should we perform is
the primary concern of ethics of doing. Our actions are the signs that express our
interiority. The distinction between the ethics of being and the ethics of doing also helps
us understand the distinction between “right” action (or judgment of moral rightness) and
“good” action (or judgment of moral goodness). The term “right” answers “What should
I do?” by pointing to actions, on the other hand, the term “good” answers the same
question by pointing to what falls under the notion of virtue – such as motives,
dispositions, and intentions. Morality in the strict sense pertains to the person, to
character. Actions are moral only in a derived or secondary sense because the person
expresses her/himself in actions. Strictly speaking “good” and “bad” properly refers to
person; “right” and “wrong” refers to action.
In the context of increased violence among children, our educational system has to
(re)focus more on training their being, character, dispositions, integrity and unfolding their
potentialities. Education for being is similar to the views of Gula on ethics of being. The
more the students are prepared to be good and virtuous; the better the fruits of their being
would be. Children should be taught the relational dimensions of human persons. The
emphasis on training in obligations or the imposition of prohibitions has to be reoriented
towards the internalisation of virtuous character traits and positive internal motivation.
Thus when students start acting they act as a totality, using both rational and emotional
capacities.
To achieve this virtue approach perspective, educational process has to become a
coordinated team work (teachers, parents, managements, government agencies, etc.)
where teachers play a pivotal role. They must fulfill a number of necessary positive
conditions like: attentiveness to the genuine needs of the children, the responsibility to be
taken to meet their needs, and the competency to be acquired to accomplish the needs
(Vanlaere & Gastmans, 2007). By this way the relationship between the teacher and the
student is weighed. Moreover, the fact of the matter is that children take shape or given
formation or even inculcate virtues only in and through relationship with other persons.
This is not merely a process of transmitting information but a meticulous insistence on
character formation for transformation.
Transcending from Information to Transformation

Education has had two great goals: to help people become smart and to help them to
become good. While emphasising the academic excellence, the integral development of
children which also involves their character is neglected in the present educational
scenario. The focus shifted from character formation to professional and job-oriented
education where acquiring information or knowledge has become the sole objective.
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Acquired knowledge has neither been assimilated nor converted for personal development
and human flourishing. On this backdrop, the role of virtue education becomes
significant. According to Thomas Lickona (1992), “good character consists of knowing
the good, desiring the good, and doing the good. Schools must help children understand
the core values, adopt or commit to them, and then act upon them in their own lives,”
which lead them to transformation. And the educational goals are: the holistic
development of the students; proper orientation of her/his life; and the cultivation of
virtuous attitudes and character or excellence in her/his activity (Gastmans, 2002).
Children should be transformed from passive, violent and cruel temperaments into
motivated members of an oriented, proactive and meaningful school community.
Cultivating good-conduct citizens, preparing well-cultured, educated persons and
moulding persons with esteemed character are the characteristics of this transformative
education. They are the greatest wealth of any nation and teachers play a vital role in
forming them, thus through them the nation is built. The end of knowledge as Mahatma
Gandhi exhorts, “must be the building up of character.”
Conclusion
The primary objective of this paper was to explore and investigate strategies to reduce
violence among children. On the outset we situated school and education as catalysts for
change. Realising the unique characteristics of virtue education, first of all, we presented
virtue ethics, virtue approach and virtue education as a theoretical perspective to preclude
violence in schools. Secondly we proposed person-centred education, education focusing
on being rather than focusing on doing and transcending education from the level of
information to the level of transformation as possible remedial solutions to not only
minimise violence but also as a preventive measure. The efforts and energy put into
education is not an expense but an investment. It is an investment in our children, young
people and future of our nation. Undoubtedly, we can counter violence with virtue.
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l I II
Pane
Men as Victims: Myths and Realities
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52
Balancing of competing interests, women as perpetrators and
men as victims: A comparative relook in the existing legal frame
work of India and Kenya
Durgambini Patel, Sonia Nagarale and Nthenge Paul
Introduction
Kenya and India are based on the Common law system. Both the societies are
patriarchal in structure. Due to social and traditional customs based on patriarchal
structure, women of the world tend to be socially and economically underprivileged. The
protective laws are necessitated to empower them and to eliminate the age old
discriminative practices that have relegated them to a disadvantaged position so that they
can enjoy equal status in all walks of life along with the men folks. However, there are
instances where women due to economic affluence, social status of family or just
vengeance, misuse the protective cloak thrown around them by law. Many a times men
and his family have been at the receiving end i.e., have suffered unnecessary humiliation,
pain and suffering due to false cases and complaints lodged against them by woman who
may be a wife or an acquaintance. The consequences are so serious with some ending up
committing suicide, losing their property, job, etc.
The paper addresses the issue of men as victims; identifying how men have been
victimized in the present social milieu, matrimonial dispute leading to cruelty (S. 498 A of
IPC), sexual abuse and gender neutral laws, and adultery S. 497 IPC.
Victimization of Men in the Present Social Milieu

It is a reality that some men suffer at the hands of women. Statistical data shows that
due to constant harassment by spouses married men are committing more suicides in India
than women, as substantiated by the National Crime Record Bureau (NCRB). In the
year 2010, almost 61,453 married men committed suicide in India, which is twice the
number of married women.197 This is partly attributed to Sections 498 A, 304 B of IPC
(where the husband is liable if the wife dies within seven of years of marriage), as well as
the Domestic Violence Act, 2005 which can put the husband and his relatives in jail. In an
adulterous relation where a woman is married it is only the man who is blamed of
committing an offence never the woman.198 The sections are non-bailable,199 which have
caused untold suffering and mental turmoil.200 In Kenya it was noted that women beat up
197
Available at, ncrb.nic.in/ADSI2010/suicides-10.pdf, accessed on 19th October 2012
198
S. 497 of IPC
199
S. 498A and 304 B IPC are non bailable
200
http://www.rediff.com/news/report/ncrb-stats-show-more-married-men-committing-suicide/20111028.htm,
accessed on 18th October 2012
Balancing of competing interests
or emotionally abuse their husbands and spouses. The Maendeleo Ya Wanaume

(Development for Men) organisation was set up to give men a platform to speak out about
the excesses that women mete out to them. This was necessitated as the society would not
accept that being men they were or could be victims of domestic violence. Almost
460,000 men in 2012 said they had been subjected to some sort of domestic abuse,201 from
160,000 in 2009.
Cruelty to husbands
The Law Commission of India in its 243rd Report,202 has noted the misuse of S. 498A203
of the IPC. In the case of Preeti Gupta v State of Jharkhand,204 the Supreme Court stated that
S. 498A of IPC needed a serious relook by the Legislature, because of many cases where
facts are exaggerated to punish and victimize men. In Sushil Kumar Sharma v UOI
(2005),205 it was noted that S. 498A, has been used by wives/women to punish/harass men
and to settle scores with their husbands/spouses. Many cases are instituted with a motive
to satisfy personal revenge, incidents are exaggerated with a tendency to implicate husband
and all his immediate relations. The court stated there was need for the legislature to
identify ways of curbing proliferation of this vice. It is also observed, that in many decided
cases the husband’s implication later turns out to be unmerited.206 The harsh law, far from
helping the genuine victimized women, has become a source of blackmail and harassment
of husbands and others.207 The Indian Supreme Court has summarized the law regarding
mental cruelty in a matrimonial relationship in Samar Ghosh v Jaya Ghosh.208
Gender Neutral Rape Laws

The Ministry of Law (India) in 2012 has published a Bill, Criminal Law (Amendment)
Bill, 2012, which seeks to pass gender neutral laws in relation to rape and other sexual
crimes. This is because the present rape law in India is not gender neutral and has come
under severe criticism. As per the present law, only a man can cause rape against a woman
and does not include cases where man is victim either by other man (for non-vaginal
sexual acts) or by a woman in situations wherein she can use her position and power to
use a man for sexual gratifications. The proposed law seeks to make both the perpetrator
201
Kenyan men urged to boycott meals in abuse protest, available at http://www.bbc.co.uk/news/world-africa-
17094830
202
This was due to reports of misuse of the section by means of false and exaggerated allegations and implication of
several relatives of the husband. In the year 2011, 340,555 cases under Section 498-A IPC were pending for trial and
as many as 938,809 accused were implicated in these cases. Conviction rate in S, 498A cases is 21.2%.
Available at http://lawcommissionofindia.nic.in/reports/report243.pdf, accessed on 10th October 2012
203
S. 498 A, which addresses the issue of a husband/relative of a husband subjecting a woman to cruelty.
204
AIR 2010 SC 3363
205
AIR 2005 SC 3100
206
Available at http://lawcommissionofindia.nic.in/reports/report243.pdf, accessed on 10th October 2012
207
Malimath Committee’s Report on Reforms of Criminal Justice System, available at
www.pucl.org/Topics/Law/2003/malimath-recommendations.htm, accessed on 23rd January 2008
208
(2007)4 SCC 511
245
SASCV 2013
and the victim of sexual assault to be gender neutral.209 However, there is lots of criticism
from women activists that perpetrators should be gender specific and victim gender
neutral. There are many situations wherein the authors are of opinion, in exceptional
circumstances, when there is strong evidence to prove that men in younger age and
vulnerable and weaker positions either socially and or economically, are sometimes victims
of sexual abuse at the hands of women. Hence, there is need for carefully drafted
procedure when convicting women and the same should involve stringent procedure for
proving guilt beyond reasonable doubt so that the provision is not used against innocent
women. The Law Commission 172nd Report, recommended inclusion of women within
the ambit of rape.210 The law in Kenya relating to rape is Sexual Offences Act, 2006. The
law is gender neutral and women fall within its ambit. As per the Sexual Offences Act,
2006, rape is defined in section 3.
Adultery
As per S. 497211 of IPC i.e. adultery, the same can only be instituted by the husband of
a woman and no court can take cognizance of an offence of adultery except out of the
complaint of the husband. To constitute adultery, sexual intercourse is a necessary
ingredient. Indian adultery law does not regard women as being adulterous only a man is
liable for adultery. The ingredient being that the woman should be married and have an
affair with a man who is not her husband. Thus, even if the woman acted on her own
free will or encouraged/initiated the affair, she is not liable under the act. As observed on
the basis of facts and circumstances, cases under S. 497 IPC, the woman initiates the
relationship and the man due to his emotional vulnerability falls prey, yet the law is
insensitive to the man and punishes him whilst the woman goes scot free.
Conclusion
The paper outlines the main causes of males being abused by women and how law has
addressed abuse, violence by women and the main reasons attributed for male being
abused by women. The paper gives a comparative outlook of how the laws in Kenya and
India have addressed the issue and if laws have curbed proliferation of the crime. It is time
to realize vulnerability of certain sections of men so that the law is able to strike an
appropriate balance between the need of law and the abuse of law
209
Criminal Law (Amendment) Bill, 2012
210
The Law Commission Report wanted the definition of `rape' changed to the definition of `sexual assault' to
make it gender neutral. Available at
http://www.lawcommissionofindia.nic.in/rapelaws.htm, accessed on 17th October 2012
211
Having sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife
of another man, without the consent or connivance of that man…
246
53
Men as victims of intimate partner violence - A global issue
Mukta Mane
Introduction
“Recently, the former Brady Bunch star Barry Williams sought a restraining order
against his live-in girlfriend, who had hit him, stolen $29,000 from his bank account,
attempted to kick and stab him and had repeatedly threatened his life. (Watson, 2010)”.
Cheryl Cole was also convicted for domestic violence against her husband on 8th October
2012 (Kimble, 2012). These are not the only cases where women have accused of
intimate partner violence. Men have been victims of intimate partner violence for decades
together; the only difference is that the number is rapidly increasing. There are many
evidences such as 13th century stone carving in an English church shows a hapless man,
down on the ground, being held down by his hair, while his wife swings a cheese-
skimming ladle (McLean, 2011).
Intimate partner violence is a crime which mostly takes place behind the four walls but
its impact can be seen on the whole society. Intimate partner violence includes physical,
sexual, economic and psychological maltreatment of one partner against another. It has
been affecting hundreds of individuals and families a year socially and leading to health
problems (Hines, 2011). There have been many surveys by various agencies all round the
world to calculate the exact number of male victims of intimate partner violence. The
number they got was small as compared to women victims but not negligible. The major
reason for such unreal number is under reporting of the cases by the male victims.
SASCV 2013
The paper will focus on the following points:

• Myths and Reality relating to whether men can be victims of intimate partner
violence.
• The reasons why women become abusers.
• Impact of intimate partner violence on men.
• Legal policy and other non legal support to such men.
• Need of policy making keeping in mind gender equality.
Myths and reality about men as victims of intimate partner violence:

There are many myths revolving around as to whether men can be victims of intimate
partner violence. Some of the common myths are (Domestic Abuse Helpline for Men and
Women., 2008):
Myth: Real men “handle” their women. Only weak, wimpy men allow themselves to be
abused by women.
Fact: This myth equates being a male victim of domestic abuse with being less than a
man, however, not striking back a woman who is assaulting you takes a good deal of
restraint and fortitude. The three most cited reasons why they chose not to defend
themselves against their partner’s physical assaults are:
• As young boys their parents instilled in them that boys never hit girls and that
idiom has stuck with them into their adulthood.
• They realize that they are, in general, larger and stronger than their partners and
therefore they could cause serious physical harm to their partners should they fight
back.
• If they defend or protect themselves and the police are called, due to mandatory
and pro-arrest policies, they risk being arrested as the perpetrator/aggressor.
Myth: In a domestic dispute, the bigger, stronger person in the relationship is the abuser
and the smaller, weaker person in the relationship is the victim.
Fact: Size, weight, and/or being muscular are not good indicators of whether or not
someone will be a victim or an abuser. This myth focuses only on the physical aspects of
domestic violence. An abusive partner does not need to be bigger or stronger to use
intimidation and threats, rip a phone off the wall to prevent their victim from calling for
help or to use a gun/wield a knife against their victim.
Myth: If it was that bad he would leave, men can easily leave abusive relationships.
Fact: This myth assumes that, unlike a battered woman who is financially dependent on
her abuser and lacks the resources to escape the violence, a man who is in an abusive
relationship has a job and the financial resources to just pick up and leave. However, male
victims face many of the same hurdles that female victims face. According to the fact
sheet, “A Closer Look at Men Who Sustain Intimate Partner Terrorism by Women,” men
stay because:
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Men as victims of intimate partner violence
• They are concerned about the children.

• When they get married, it was for life.
• They love their partners.
• They fear that they will never see their children again.
• They think their abusive partners will change.
• They don’t have enough money to leave.
• They are embarrassed.
• Their abusers have threatened to kill themselves.
The facts give us a fair idea as to how patriarchal system of ours has influenced our
minds. Though we see things happening we deny seeing them just because of the
preconceived notions relating to the traditional roles entrusted to men and women.
The reasons why women become abusers

Some of the reasons for women becoming abusers are (Intimate Partner Violence:
Toward a fuller understanding of male and homosexual victims):
1. Childhood Abuse.
2. Witnessing Parental Violence.
3. Low Attachment.
4. Dominance.
5. Antisocial Personality.
6. Mental Disorder.
7. Less Accepting Attitude.
8. Low Self Esteem.
9. Communication Problem.
10. Poor Anger Management.
11. Dissatisfaction in Marital Life.
It is also somewhat concerning that many younger females indicate that along with
motivations concerning anger expression, they also feel uninhibited to physically aggress
against a partner since they feel it will not really hurt him and he will not retaliate.
(Fiebert & Gonzalez, 1997)
Impact of intimate partner violence on men

Mainly the abuse is verbal, economic, physical, emotional and sexual. The men who
are victims of intimate partner violence silently suffer for fear of being discredited or
ridiculed by the society, which results in a lot of psychological trauma. According to
National Crime Record Bureau (NCRB), the number of suicides in the country has
increased by 40% during the decade 1996 – 2006 ((NCRB) National Crime Records
Bureau, 2010). As in the chart we can see the rate of suicide in married men is more than
that of married women.
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SASCV 2013
Legal policy and other non legal support to such men

As we have seen above male victims suffer equally as female victims. There are no
express provisions for the protection of male victims. Even if they try to register the case
under criminal law prevailing in that country either they are ignored or threatened to be
arrested. The Police agencies do not pay attention to such complaints due to the
preconceived notion that a woman would have been forced defend herself from her
partner. It has been seen that the female perpetrators threaten male victims with the fact
that they will report them as having assaulted themselves. So this too affects the reporting
of the intimate partner violence (Shuler, 2010).
There are various non governmental agencies in different countries who are working
to support the male victims of intimate partner violence. Some of the support groups are:
• Men’s Advice Line and Enquires
• Victim Support’s Male Helpline
• Male Survivors
• Save Indian Family Foundation (SIFF)
• Right of Men etc.
These support groups provide legal, medical as well as other needed help to the male
victims. These groups act as pressure groups and are trying to bring in reforms in the
legislations as well as the thinking of the society.
Conclusion
Over the period of time the feminist have captured the minds of the legislators. When
we talk about intimate partner violence it is presumed to be against women only. The
male victims are totally ignored while making the laws. This thinking process has to be
250
Men as victims of intimate partner violence
changed. As we have seen the men are equally affected so while making the policy the
notion of gender equality should be taken into consideration. Relationship between two
individuals is a very delicate thread which joins them. It is very important to keep a
balance of power and duties in order to keep it intact.
References
DAHMW. (2008). Common Myths about Intimate Partner Violence against Men2012.
Retrieved on 21st October, 2012, from Domestic Abuse Helpline for Men and
Women, http://dahmw.org/wordpress/wp-content/uploads/2008/12/Common-
Myths-about-Intimate-Partner-Violence-against-Men2012.pdf
Fiebert, M., & Gonzalez, D. (1997). College women who initiate assaults on their male partners
and the reasons offered for such behavior. Psychological Reports.
Hines, E. M. (2011). The Helpseeking Experiences of Men who sustain Intimate Partner
Violence: An Overlooked Population And Implications For Practice. Journal of Family
Violence.
Intimate Partner Violence: Toward a fuller understanding of male and homosexual victims. (n.d.).
Retrieved on 17th October, 2012, from
http://intimatepartnerviolence.150m.com/motivesandrisk.html
Kimble, J. (2012). The Rights Of Man. Retrieved on 15th November, 2012, from
http://therightsofman.typepad.co.uk/the_rights_of_man/2012/10/cheryl-cole-the-
latest-in-a-long-line-of-female-pop-stars-guilty-of-domestic-violence.html
McLean, T. (2011). Victim Presentation. Retrieved on 30th October, 30, 2012, from
http://www.aic.gov.au/events/aic%20upcoming%20events/2011/~/media/conferenc
es/2011-victim/presentations/mclean.pdf
NCRB. (2010). A report on Crime in India-2010 . National Crime Records Bureau.
Shuler, C. A. (2010). Male Victims of Intimate Partner Violence in United States: An
Examination of the Review of Literature through the Critical Theoretical Perspective.
International Journal of Criminal Justice, 5(1), 163-173.
Watson, B. (2010, 01 30). A Hidden Crime Domestic Violence against Men. Retrieved
on 15th November 2012, from http://www.dailyfinance.com/2010/01/30/a-hidden-
crime-domestic-violence-against-men-is-a-growing-probl/
251
54
Men - The dominant or excluded gender?
Nayantara Narayan and Rajshekhar Upadhyaya
Introduction
This paper will discuss the above mentioned patriarchal ethos of South Asian countries
in the light of the Indian society. For an objective analysis of status of men in Indian
society, their traditional duties should be understood. Manu, who was amongst the earliest
law givers in Hinduism, through the ideologies provided in the Manusmriti, stated that,
“Where women are honored, Gods are happy. Where women are not respected all efforts
come to naught.” Therefore, it can be inferred that Indian society pays considerable honor
to women but at the same time ties the duty of their care to the man in whose tutelage
she resides. Thus, men are culturally professed to be the providers, care-takers and
protectors of their communities and families who represent the virility and power of the
community.
This brings us to the fundamental question; can the strong masculine traditional man ever be
victimized? Like many other societies the concept of men as victims has been considered a
matter of ridicule more than concern. Men, worldwide, have been handed down a
straight jacket definition of masculinity according to which they are brought up and must
abide by. This definition does not incorporate the prospect of victimization of men at the
hands of women, men or society at large. A man is expected to stand up, by means of
even violence, and not succumb to any other person. As a result of this stringent pre-
conceived notion men are often left unprotected which makes them susceptible targets.
This paper will interpret the facts and observations and apply them to the Routine
Activity Theory and then deal with the various social aspects which can be pivotal in the
evaluation of male victimization. While other theories examine the causes of crimes and
characteristics of criminals, the Routine Activity Theory focuses on the questions of how
do routine activities of people affect their rates of victimization and what attracts offenders
to engage in crimes212. The theory propounds that for a crime to be committed the
following three factors should be present:
• Motivated offender
• Suitable target
• Lack of Guardians
This paper will interpret in spirit these elements to elaborate how there is a high
probability of victimization of men and further discuss remedies that should be sought.
212
Arnold et al., 2005:346
Men – Dominant or Excluded Gender
Motivated offender and Suitable target

The paper will provide a two-fold perspective of the terms offender and victim.
Assumption of male connotation:

The term offender in its colloquial usage has male connotation for the public at large.
Crime in its barest form is considered to be violent, gruesome and vindictive. The
requirement of “strength” associated with the aforementioned elements of crime are more
compatible with the wide spread deep rooted interpretation of masculinity than
femininity. Therefore, for most crimes that catch the public eye, there is an inherent
assumption of a male offender.
The growing sensitization during the 1960s and 1970s towards the existence of
‘vulnerability’ of women who experienced domestic violence at the hands of abusive
partners has changed the perception of victims in general.
As a combination of the above mentioned two basic factors, the perception of men as
offenders and women solely as victims manifested into society’s consciousness and has not
been reviewed ever since despite the legal protection, which will be elucidated further,
accorded to women on a golden platter by virtue of criminal ramifications that are to be
borne even against the slightest disrespect towards them. To think that such laws would be
required for men, let alone be enacted, would be foolhardy in toto.
Inability of men being “wronged:

As stated above the sub-conscious notion of men as victims is often reduced to mere
mockery or is overshadowed by the consuming concern for women empowerment. The
skewed view prevalent in society fails to account for the men who are “wronged” and
remain unprotected. At this juncture, it is important to pigeonhole that it is not merely
crimes by women that men are victimized by. Male violence is also not frowned upon in
society owing to glorification of gasconade virtues of masculinity. On one hand, men are
increasingly finding themselves in precarious positions with the ever improving
empowerment of women and on the other hand they remain victims of petty “playful”
violence by men. Therefore, the need to re-evaluate the underlying assumption of men as
offenders and women as victims is the need of the hour before it creates greater imbalance
and disparity.
Lack of guardians
Under this factor, viability is of utmost importance. In essence, this factor accounts for
the “feasibility” of committing a crime as a cost benefit analysis between the
objective/personal interests sought and the hindrances present coupled with the lack of
adequate preventive and deterrent mechanisms. This factor not only includes the lack of
presence of a person or authority figure who could have prevented the commission of a
crime but also takes into perspective the absence of laws to protect men or the presence of
laws that exploit men. This leads to the misuse of such laws which ultimately brings about
gender asymmetry.
253
SASCV 2013
To give an example which would be discussed in depth in the paper we have rape laws
and the lack of gender symmetry that they emit. This gender bias is a result of both the
vulnerable status of women when it comes to the menace of rape and the over protective
society at large according to which rape is a crime which in its essence is a pathetic excuse
only for a man to showcase his sexual might and greed. Both substantively and
procedurally rape laws in India need to be revisited and should have gender neutrality in
their core aspects.
Another example that must be stated is that of cruelty. Cruelty is available to men as a
ground of divorce under the Hindu Marriage Act. However the same, if looked at from
the point of view of an offence, is for the aid of a woman only. Under the Indian Penal
Code a man cannot file a complaint under Section 498 A. Such laws give women a carte
blanche to do as they please without any fear of reprisals. Imprisonment and the
cognizability of the offence makes the husband an easy target for the estranged wife
thereby leading to his victimization while fully well remaining within legal ambits. The
same is ably supported through relevant statistic213.
Such shocking facts come to light because of asymmetry in laws on the grounds of
gender. These and a few more legal provisions will be discussed at length in the paper to
bring to the front prospective victimization of men at the hands of their spouse and other
females as a consequence of the literal application of such laws.
Intimate partner violence

That it is mostly women who are significantly more likely than men to be victimized
by an intimate partner is well known. But abandoning our search here itself for intimate
partner violence would be totally unfair on those men who have been victimized by their
intimate partners which also includes spouses. The term "intimate partner violence"
describes physical, sexual, or psychological harm by a current or former partner or spouse.
This type of violence can occur among heterosexual or same-sex couples and does not
require sexual intimacy. IPV can vary in frequency and severity. It occurs on a
continuum, ranging from one hit that may or may not impact the victim to chronic,
severe battering214.
In a country as big as ours the possibility that all such cases of IPV might be reported is
highly improbable. Such forms of violence against men are generally not reported as it
would attract shame and ridicule to the complainant. This is due to the belief that such
matters should not be disclosed to all and sundry thereby questioning his very masculinity.
This coupled with the fact that the public is unable to comprehend the possibility of any
213
Data present with the NCRB show that more than 81% people prosecuted under Section 498-A has turned out to
be innocent. The conviction rate was only 10% despite the best efforts made by the litigating wives. Every year
52,000 married men commit suicide in India as against 28,000 married women. The percentage of the married men
committing suicides is thus 86% more than the married women.
214
Centre for Disease Control and Prevention. Intimate Partner Violence: Definitions. Retrieved September, 20,
2012. http://www.cdc.gov/violenceprevention/intimatepartnerviolence/definitions.html
254
Men – Dominant or Excluded Gender
such occurring and this inability has been given leverage and voice by our law makers
who accord no protection to men in such matters. The Domestic Violence Act, 2005
which is an epitome of gender bias presumes that men are immune from the perils of
domestic violence. Therefore the legislature has very conspicuously left out men as victims
from the Act. According to the Act a man’s role is limited to that of an offender and
therefore he cannot approach the authorities under the Act if an act of violence has been
committed against him. This issue will be analyzed and substantiated with statistics in
greater detail in the main paper.
Man victimizing man

This is perhaps the most common form of victimization that is witnessed against men.
Even though such offences are punishable under various statutes and criminal codes what
remains unrealized is the status of men as victims. Male victimization at the hands of
another man is often seen in the light of the gravity, magnitude and seriousness of the
offence and this leads to a loss of identity of the victim. A reverse phenomenon is seen in
cases where women are victimized. Once a crime against a man is committed the police,
investigating authorities and the courts all act in tandem to punish the criminal. Once this
task is achieved the victim is left unacknowledged and the scar of the crime is only his to
deal with. Instances of custodial violence and prison misdeeds are rampant all across the
country. In essence, these offences stem from the knowledge of having total authority
over the offender. Domination is the objective, victimization is the consequence. These
cases are more common when it comes to men especially in correctional facilities and
police custody. More light will be thrown on this inconspicuous evil in the main paper.
Conclusion
The wall of silence that surrounds this topic, owing to its unconventional nature, leads
to the presence of scant literature that analyzes the presence of this problem. Through this
paper it has been argued that there exists a routine in society that has left men exposed
without any protective layer. In today’s unyielding and ever so demanding world what we
witness is an anti apartheid kind of limbo that we project ourselves into. Society needs to
project a balanced picture that does not paint men alone as vicious monsters. This paper
seeks to propagate the presence of an imminent threat to men without creating an
impediment for the worrisome situation of women. The answer to reducing women
victimization is not to start victimizing men, be it intentionally or unintentionally.
255
55
Men of abuse: A legal standpoint
Probal Bose and Tanay Sarkar
Men have always been looked upon as the dominant sex. Evidently, physically and
emotionally, men are supposed to be stronger. This gender stereotyping of men has put
men at a not so equal footing with the other sex. Because of this, men have suffered over
the years, enduring discreetly their discomforts and displeasures. It is a common notion
that only women are victimized with social crimes like harassment and domestic violence.
However, in the recent past it has come to light that men are just as prone to domestic
violence and workplace harassment as women are. The sad truth is that these incidents are
seldom reported let alone looked into. To add to the male gender’s dismay, there are no
legal provisions to protect them against the same. At the outset, the paper would begin by
assigning a proper meaning to domestic violence and abuse of men and what acts/actions
amount to or can be considered as abuse of men. Such construction of abuse has to be
made in reference to the Indian Society, where Male hegemony is considered to be the
sole reason behind exploitation and oppression of women in the Indian society.
Women’s power in the society has been rising and rising over the past two to three
decades now. Justifiably, countries provide separate constitutional provisions for the
upliftment of women and their overall development. Similarly, Indian Constitution
provides for sex to not be a ground of discrimination. Nonetheless, it does mean that men
should also not be discriminated against, in order to provide sufficient safeguards for
women. If men are being the victims of domestic and workplace abuses, there arises a
need to provide them with sufficient relief. The proposed paper intends to establish the
need for such mechanisms required to protect men from such harassment and violence.
The greatest obstacle in providing a sufficient solution for the male victims is that they
rarely come out with such incidents in fear of being labelled as wimps. Society looks
down upon men who revert to complaining about their wives or other female relatives in
cases of domestic violence and as for workplace harassment, it is a common myth that men
cannot be sexually harassed by the opposite gender. This paper would also explore this
point of view highlighting this form of societal perception as an obstacle for insufficient
reporting of abuse of men by women, in special, and would also analyse different reasons
leading to such behaviour of the opposite sex like lack of reliable data, lack of sufficient
redressal mechanism, the impact of such physical damage is perceived to be much lesser
than that in the case of domestic violence against women. Moreover, the current paper
would also evaluate the different characteristics of abusive women, namely, alcohol abuse,
psychological disorders, unrealistic expectations and assumptions.
A relevant point here would be homosexuality. Even after homosexuality being
decriminalised by one of the honourable High Courts, there remains no law to protect
Men of abuse: A legal standpoint
male victims of domestic abuse in homosexual relationships, thereby creating a grey area.
Thus, the Paper would also address the need of enacting such a law protecting men from
homosexual violence and abuse. The Protection of Women from Domestic Violence Act,
2005 and The Protection of Women against Sexual Harassment at Workplace Bill, 2010
are women specific legislations aimed at protecting women from domestic violence in
domestic households and sexual harassment at workplaces, respectively. However, the
same type of experience can be encountered by their male counterparts, both at home and
outside. In today's world, sexual harassment of men at workplaces is not so uncommon.
Thus, with changing times, the law should change as well. Therefore, the authors would
be emphasizing where such grey areas prevail and suggest possible solutions to fill such a
void.
The proposed Paper also uses the ‘Conflicts Tactics Scale (CTS)’, the usual device to
ascertain the severity and frequency of any sort of abuse, to describe the abuse of men
from available range of international data obtained from Canada and Alberta. Data
obtained from Alberta suggests that almost 12% of men cohabiting in a relationship of
marriage or other de-facto relationships suffer abuse from their spousal partners. While,
the data obtained from Canada, suggests even a higher percentage of abuse, amounting to
23% of adult men surveyed for the same. In continuance of the same, the paper also
throws light on abuse of teenage males co-existing in different teenage relationships. The
results being not at all different. Though, all these data have been from other countries in
Europe and American continent, the same shows the plausible threat to Indian men as
well. Due to lack of enough research, data regarding abuse of men in India is not available,
thus a reference to such outstation data is necessary.
Thereafter, the paper discusses in detail other risk factors responsible for abuse of men
and the possible consequences of such abuse on mental and physical health of abused men.
For example, younger men are more prone to abuse than elder ones, which can be
supported by relevant empirical data. Similarly, common law relationships and role
changing situations like change of a job or retirement offer more scope of violence against
men than usual domestic relationships or marriages. It has been a common observation
that men prefer to stay in domestic and violent relationships willing to undergo
tremendous sufferings. The Paper inter alia would also examine the expected reasons for
such behaviour, like, firstly, in order to protect their children and give them adequate care
and parenting, secondly, assuming guilt or blame on account of their own behaviour, and
lastly, the fact of dependency of men over women/ spouse. In addition to the same, the
intended paper stresses on the consequences of emotional abuse rather than that of physical
abuse as the former has a far- reaching and ever-lasting impact than the latter.
At the end, the Paper suggests the need for an exclusive law governing the abuse of
men surviving in both homosexual and heterosexual relationships, which is the true need
of the hour.
257
56
Female bias of matrimonial law in India
Raghav Talwar and Priya Bhatnagar
The Marriage Laws (Amendment) Act, 1976 makes the grounds of divorce common
for a husband and a wife which are provided by Section 13(1) of the Hindu Marriage Act.
Additionally, the wife has certain special grounds for divorce. In India there are numerous
laws for the protection and welfare of a female. They were made keeping in view the then
prevailing not so equal status of a woman in comparison with a man.
“While making special laws for women, the legislation must think of victimized sect of society in
male line”. In India and elsewhere in the world, there are no special laws for male. There is
Dowry Prohibition Act, section 498A in Indian Penal Code i.e. offence of cruelty by
husband and relatives of husband; section 125 in Criminal Procedure Code i.e.
maintenance for wife; Protection of women from Domestic Violence Act. Rather the
specific laws for women are misused by errant women and police officers. The cry of
victimized husbands and their relatives is not heard either in courts or in society. The
practice says that the real purpose of the women related specify laws are misused and
thereby their husbands suffer for no fault.
It is a general notion that in matrimonial disputes the perpetuator of cruelty is always
to be husband being the stronger one and the subject is always the fairer sex i.e. wife. But
it cannot be ruled out that wife can never perpetuate cruelty towards her husband.
Today’s scenario is different. Women are treated at par with men. The concept of
perpetuator always being the husband has gone under carpet and the concept of being
equal in this field too came into existence. So many laws in favor of a woman and no
safeguards against them give her reasons to misuse them against her husband. It is said that
“Nothing can dishonor a knight like divorce”. In today’s society men are becoming
victims too often but unfortunately there are no laws in their favor. Misuse of divorce laws
is becoming very common which were provided to protect the interest of a female.
In Suman kapur v. Sudhir Kapur215

The wife without the knowledge and consent of the husband got her pregnancy
terminated twice. The husband was also not informed about a subsequent natural
miscarriage. A finding was also recorded by the trial Court that the wife was not ready and
willing to perform matrimonial obligations and she always attempted to stay away from
her husband by depriving conjugal rights of the husband. For her, according to the trial
Court, her career was the most important factor and not matrimonial obligations. The trial
215
AIR 2009 SC 589
Female bias of Matrimonial law in India
Court, therefore, held that the case was covered by mental cruelty which was shown by
the wife towards the husband and the husband was entitled to a decree of divorce on that
ground.
There are numerous cases relating to section 497 of the Indian Penal Code i.e. adultery
which states that only a male will be held liable for the offence of adultery and the wife
will not be guilty even as an abettor. There are cases relating to section 4 of Dowry
Prohibition Act and 304B of IPC in which the woman’s family harasses her husband and
his family on false allegations of dowry death. Section 498A of the Indian Penal Code
dealing with the cruelty caused by husband and his relatives is also widely misused, as is
the Domestic Violence Act is also being misused. False allegations by a wife and her family
are made and suits are filed just for the victimization of the husband.
The concept of cruelty has been dealt with in Halsbury's Laws of England216 as under;
The general rule in all cases of cruelty is that the entire matrimonial relationship must be
considered, and that rule is of special value when the cruelty consists not of violent acts
but of injurious reproaches, complaints, accusations or taunts. The cruelty alleged may
largely depend upon the type of life the parties are accustomed to or their economic and
social conditions. It may also depend upon their culture and human values to which they
attach importance.
Lord Pearce also made similar observations;

“It is impossible to give a comprehensive definition of cruelty, but when reprehensible conduct or
departure from normal standards of conjugal kindness causes injury to health or an apprehension of it,
is, I think, cruelty if a reasonable person, after taking due account of the temperament and all the
other particular circumstances would considered that the conduct complained of is such that this spouse
should not be called on to endure it.”
Intention is not a necessary element in cruelty. The relief to the party cannot be
denied on the ground that there has been no deliberate or willful ill-treatment.
Suman Kapur v. Sudhir Kapur217 is an important example.

Mere trivial irritations, quarrels between spouses, which happen in day-to-day married
life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded
variety, which can be subtle or brutal. It may be words, gestures or by mere silence,
violent or non-violent.
In T.Aruntperunjothi v. State218, an attempt had been made to show that the accused
had on an earlier occasion tried to murder the deceased but the same was found to be false
by the trial court holding that there was no evidence that the "accused had already
attempted to burn away his wife".
216
Vol.13, 4th Edition Para 1269
217
ibid
218
AIR 2006 SC 2475
259
SASCV 2013
In Preeti Gupta v. State219, the Court made certain important observations as to

misuse of law by women to victimize their husbands. It is a matter of common experience
that most of these complaints under Section 498A IPC are filed in the heat of the moment
over trivial issues without proper deliberations. Unfortunately, at the time of filing of the
complaint the implications and consequences are not properly visualized by the
complainant that such complaint can lead to insurmountable harassment, agony and pain
to the complainant, accused and his close relations.
The ultimate object of justice is to find out the truth and punish the guilty and protect
the innocent. To find out the truth is a Herculean task in majority of these complaints.
The tendency of implicating husband and all his immediate relations is also not
uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain
the real truth. The courts have to be extremely careful and cautious in dealing with these
complaints and must take pragmatic realities into consideration while dealing with
matrimonial cases. The allegations of the complaint are required to be scrutinized with
great care and circumspection. Experience reveals that long and protracted criminal trials
lead to rancour, acrimony and bitterness in the relationship amongst the parties.
It was observed in Preeti Gupta’s case that a serious relook of the entire provision is
warranted by the legislation. It is also a matter of common knowledge that exaggerated
versions of the incident are reflected in a large number of complaints. The tendency of
over implication is also reflected in a very large number of cases.
The law today seems to be based on the myth that the society is male dominated. In
today’s day and age, where women are not only at par with men, but enjoy an edge over
them in many areas, Matrimonial Law is in desperate need of change.
The criminal trials (and divorce petitions) lead to immense sufferings for all concerned.
Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of
suffering of ignominy. Unfortunately a large number of these complaints have not only
flooded the courts but also have led to enormous social unrest affecting peace, harmony
and happiness of the society. It is high time that the legislature must take into
consideration the pragmatic realities and make suitable changes in the existing law. It is
imperative for the legislature to take into consideration the informed public opinion and
the pragmatic realities in consideration and make necessary changes in the relevant
provisions of law.
219
AIR 2010 SC 3363
260
57
Men as victims: Myths and realities
V. Ramyakrishnan
Introduction
Research in the past few decades has resulted in increasing efforts aimed towards
promoting prevention of violence in workplace as well as personal life has primarily
revolved around women. The topic of man as a victim remains to be one of controversy
and one which has been comparatively neglected in literature. The aim of this research
article is to explore different scenarios where men are treated as victims with a specific
focus on Indian laws and current views of Indian society.
Gender and male victims of rape

Feminists promote the popular ideology that blame for rape is found to firmly focus
around societal hatred of women as well as the existence of a rape supportive, patriarchal
culture (Burt, 1980). Myths of rape are directly related to blaming the victim (Krahe,
1988) as well as traditional view of the woman as a weaker partner in a heterosexual
relationship (Lonsway & Fitzgerald, 1995; McMohan, 2009). However findings of male
victims of rape does not fit into this explanation of rape which is found to present
emphasis on negative gender stereotypes pertaining to women as being a source of blame
attributions (Struckman-Johnson & Struckman-Johnson, 1992) and that are associated
with victim blame for male rape (Davies & McCartney, 2003). Myths related to male rape
which are often prejudicial as well as false related to sexual assault victims are not widely
studied. It is observed that some of these views are found to stem from a traditional view
of what exactly entails masculinity. This indicates that men should be strong, assertive as
well as sexually dominant and most importantly heterosexual (Keane, 2012). There are
also a number of opinions associated with promotion of the concept that "men cannot be
raped" and the ideology that "sexual assault is not as severe for a man as it is for a woman".
This view is still predominant today minimizes the impact of sexual assault on male victim
by placing the blame on the victim itself (Magnin & Ruback, 2012) thereby reducing the
number of reported cases. Keane (2012) notes that the best way to overcome this myth is
to modify rape laws to become gender neutral. Such a growth has been observed in India.
A draft bill passed by the Home Ministry in 2010 stuck to the traditional notion that men
alone could commit sexual assault. However the same bill passed in 2012 was found to be
gender neutral. The aim of this bill is to remove the notion that men alone can be
aggressors while women are mostly victims (Lawyers Collective, 2012). It was observed
that the criminal law (amendment) Bill 2012 defied years of gender stereotypic by
changing the definition of rape in the Indian Penal Code. In the definition of rape the
SASCV 2013
words were changed to be gender neutral by replacing man and woman by offender and
victim (TOI, 2012).
Intimate partner violence and male sufferer

Domestic violence is defined by the Home Office (n.d.) as “threatening behavior,
violence or abuse between adults who are, or have been in a relationship, or between
family members” and “can affect anybody, regardless of their gender or sexuality”. The
Home Office also states that the abuse can be “psychological, physical, sexual or
emotional”. When such a behaviour and violence is found to be between family
members or current romantic relationships it can be classified as intimate partner violence
(Finney, 2004). The dawn of the 21st century brought out the issue that for over thirty
years intimate partner violence was found to be an issue which was focused exclusively for
women with little to no focus on men (Dobash & Dobash, 2004). However there are
growing evidences which suggest that men can also be victims of these acts of violence by
both men and women as aggressors (Decker et al., 2009; Archer, 2000, Goldberg and
Tomlanovich, 1984, Steinmetz, 1977; & Willis & Porche, 2003). Research evidences also
support the view that women can be instigators of physical or verbal violence within an
intimate relationship (Archer, 2000, Richardson, 2005; and Steen & Hunskaar, 2004).
Other studies have reported higher rates of physical violence perpetrated by women than
men (Rouse, Breen, & Howell, 1988), or equivalent rates across genders (Halpern, Oslak,
Young, Martin, & Kupper, 2001).
There is changing views in the society that violence by women against men can only
be for the purpose of self defense and maybe for reasons of anger and control (Follingstad
et al., 1991; and Weizmann-Henelius et al., 2003). It is observed that the Indian Domestic
Violence Act (DVA) of 2005 is a civil law which is found to primarily benefit only
women and presents aggrieved women with measures to promote their civil rights while
presenting them with measures by which they can get protection, home, monetary relief
and temporary custody. However this system is aimed at providing benefits only for
female victims of domestic abuse (Domestic Violence Act, 2005). This situation is
changing in India with emergence of NGOs like the Swatantra Awaz Welfare
Organization, a non-government organization, while lends a helping hand to more than
100 men (Indian Express, 2009). The aim of this organization is to bring forth the idea
that men suffer in silence with respect to being discredited or ridiculed in the society
resulting in increased psychological imbalance and irreparable damage to the abused male.
Another survey conducted by the Save Family Foundation and My Nation Foundation
identified that between April 2005 and March 2006 and found that over 35% of men
faced severe domestic violence at the hands of their wives and in-laws in the form of
verbal, physical, mental, emotional and financial abuse (Indian Express, 2009). In a
decision presented by the High Court (2007) against a case of misrepresented IPV and
dowry allegations it was observed that there is a need to modify the DMV to make it
more general neutral.
262
Homophobia and fault of the victim

Dolan Soto (2005) identifies that “...88 % of gay male victims in 2003 and 91% of
victims in 2004 reported experiencing prior incidents of abuse, with the majority (45%
and 47%, respectively) reporting having experienced more than 10 prior incidents” (p.
34). However it is to be acknowledged that due to cultural morale as well as
marginalization of homosexual men there is lack of empirical evidences to support this
concept. Apart from IPV among homosexual men it becomes important to look at
concepts of homophobia which stems violence against men. Anderson (2004), Burt and
DeMello (2002) and Mitchell et al., (1999) present evidences on the effect sexual
orientation of the perpetuator of violence has on attitude towards male victims. It is
observed that most of this research indicates that gay victims are found to be at blame
when compared to heterosexual victims. There is also empirical evidence which supports
the fact that society negatively evaluates gay victims. Assault has been found to be
pleasurable for gay victims (Davis et al., 2001), less traumatic (Mitcheel et al., 1999) and
less painful (Doherty and Anderson, 2004). The number of reported number male victims
of crime as a result homophobia is quite less (Boyce, 2007). This maybe attributed to
reasons of a number of Indians considering homophobia as illegal (Telegraph, 2011). A
number of gay men in India are today forcibly married off, trapped in a cycle of pretence
and deception. Thus the reality with respect to violence against gay men in India is still
not identified. From the decision made by the Delhi High Court (2009) it is identified
that a landmark Indian case decided by a two-judge bench of the Delhi High Court,
which held that treating consensual homosexual sex between adults as a crime is a
violation of fundamental rights protected by India's Constitution.
Male victims at workplace

The definition of sexual harassment, as per the US Equal Employment Opportunity
Commission (EEOC) is "Unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature" at the workplace. However the new
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill,
2006 indicates that unwelcome sexually determined behaviour such as physical contact,
advances, sexually colored remark against women is a crime with no specific clauses being
identified for men. The bill proposed by the women and child development ministry
identifies a conservative approach with respect to sexual harassment and is found to
overlook the possibility of a male employee being sexually harassed. In a survey by the
Economic Times- Synnovate it is observed that across different cities 38% of men report
sexual harassment (Kapoor, 2012).
Conclusion
Based on this review, men are victimized at an equivalent or even higher rate when
compared to women and that such victimization is often ignored due to discrimination
bias involving gender. The research also identifies that there is increased victimization of
men due to intimate partner violence, domestic violence as well misuse of marriage and
263
SASCV 2013
divorce laws to victimize men. Review of literature also indicates that workplace
victimization of men is on the rise in the form of misrepresented sexual harassment claims,
sexual abuse along with violence in homosexual relationships. From the above
perspectives expressed in literature with respect to the prevalence of men as victims and
the probable methodological and societal barriers in estimating the actual occurrence of
such events, it is quite clear that men in a number of scenarios are victims and this is a
problem which needs to be represented effectively. Applying knowledge gained from
research on female victims will not suffice. Furthermore, comparisons between male and
female victims in order to assert one's importance over the other is a useless and wasteful
endeavor, when resources should be focused on the support of all victims of violence or
harassment as equally important. This focus on male victims drives home the view that
victimization of any individual is considered to be human issue and not a gender issue.
The implication of this study identifies the need to acknowledge and treat all victims of
crimes fairly to solve problems of victimization in India. The ultimate goal of this paper
was to present the idea that the simplistic binary opposition of men as bad/villains and
women as good/victims is not realistic.
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266
58
A silent cry of men
Sarita Kumari and Debashree Singh
Introduction
In Indian society, increase of false matrimonial cases in which innocent family
members go to jail and get harassed by the draconian laws. So that in this article, we will
show that how these divorce laws which were earlier looked down as the savior for the
fairer sex has been evolved as torturous to the male community. We are not dealing with
cruelty and dowry laws in details because these laws are highly misused by the women.
Many women misuse these divorce laws to get easy divorce and in this process they make
the husband guilty of doing things that he and his family has never done.
In case of Adultery where women misuse laws and claim false allegation against her
husband. A number of cases can be cited in this regard were the wife alleges the husband
for adultery basing only on her belief not withstanding any substantial proof to it. This
mainly happens in large joint family were the wife presumes that their husbands are
indulged in some sexual relationship with any of the other female member of the family.
In the case of “Smt. Ashima Sil v. Sri Subhas Chandra Sil”220 the wife filled a petition
because she believed that her husband was attracted sexually to his brother’s wife. She
alleged that once when she was suffering from fever she saw her husband and the woman
inside a room being in intimate position. While it was proved that husband was inside the
room of his brother but not to have any kind of sexual intimacy but to discuss about some
family issues. The court rejected the petition of the wife because of lack of evidence.
The other case that can be cited here is the case of “Sm. Bijoli Choudhury vs Sukomal
Choudhury221 where the wife made false allegation on her husband that he was performing
adultery with one of his student named Latika. The proof submitted by the appellant did
not create probable circumstance for the court to believe in the possibility of such a crime.
Hence the learned Additional District Judge gave the decision in favor of the husband and
dismissed the petition of the wife regarding cruelty. The learned judge held that “The said
allegations are absolutely a myth and that the wife with a view to damaging the reputation
and character of her husband had cooked up the said story. The wife had made false
allegations against her husband by writing letters, making representations and by
circulating leaflets”.222 In such case mere rejection of plaint would serve for no good but
the court should give some kind of compensation to the husband for all the paint he had
been through during the court proceedings.
220
Air 2008 Cal 519
221
Air 1979 Cal 87
222
Air 1979 Cal 87
SASCV 2013
In addition to this there are instances where the wife falsely alleges the husband to have
indulged in adultery just to escape from her own liability. Suppose a husband not being
able to condone any further act of cruelty of their wife files a petition in the court for
divorce, the wife instead of defending herself. In this regard, immediately files a counter-
case offending the husband of committing adultery. This can again come under the
preview of “Misuse of the law of adultery”. A similar situation was evident in the case
“Amarendranath Sanyal vs Krishna Sanyal”223 on where the appellant was, initially the
husband who alleged his wife for exerting cruelty and desertion. But the wife in response
to the said allegations filed a counter case on the husband accusing him of loving the girl
at Konnagore to whom he was coaching. She also alleged that the husband had some illicit
relationship with her. The court in this case referred to the case of “Harendranath Burman
v. Suprova Burman”224, were the court held that unfounded or baseless allegation of
adultery by one spouse against the other constitutes mental cruelty of the gravest character
to warrant divorce. In the case of “Smt. Santana Banerjee v. Sachindra Nath Banerjee’225, the
wife alleged illicit sexual relation of her husband with an office colleague and also indulged
in making reckless, false and motivated allegation against her husband and his close relation
not only in her written statement but also in her deposition. Such act of the wife does not
only torture mentally and physically to the husband but also effects the reputation of the
whole family. Indian society being so conservative and protective such allegation on any
member of the family ruins the life, peace of the members and adversely affects the
reputation of such family. And such damages caused to the family and its reputation is
mostly irreparable and remains constant for a quiet longer period of time.
Moreover, in the case of Anti- Dowry and Cruelty where number of cases are filed by
the women and this law is highly misused by the women. The WHO report says that
daughter-in-laws routinely abuse elders using the stringent anti-dowry laws.
The torment to the men comes from draconian supplies and from presumptions of
Indian law against the natural principles of justice, in pursuit of quick debatable justice for
the woman, with predisposition against the husband and its family. The woman signals
wrong cases to earn an interested purpose hidden that is to say, separation and to blackmail
the husband for silver, the jewelry and ownership. The main reason of misuse behind this
law is to accept easy and quick divorce. But there are lots of reasons also. Another reason
is to accept more silver of service of the husband. In someplace the women make so to
make the life of her husband a living hell, so that they topple over make anything and they
will not be capable of leading a normal life.
Punjab and Haryana High court observed in Jasbir Kaur vs. State of Haryana226 case that
“It is known that an estranged wife will go to any extent to rope in as many relatives of
223
(1993) 1 Cal Lt 301 HC
224
Air 1989 Cal 120
225
Air 1990 Cal 367
226
(1990)2 Rec Cri R 243
268
A Silent cry of Men
the husband as possible in a desperate effort to salvage whatever remains of an estranged

marriage.”
In Kanraj v. State of Punjab227, the apex court observed that “for the fault of the husband
and the in –laws or other relatives cannot in all cases be held to be involved. The acts
attributed to such person have to be proved beyond reasonable doubt and they cannot be
held responsible by mere conjectures and implications. The tendency to rope in relatives
of the husband as accused has to be curbed”.
There are number of cases coming to light where Section 498A has been used mainly
as an instrument of blackmail. It lends itself to easy misuse as a tool for wreaking revenge
on entire families, because, under this section, it is available to the police to arrest anyone
a married woman names as a tormentor in her complaint, as “cruelty" in marriage has
been made a non-bailable offence. Thereafter, bail in such cases has been denied as a basic
right. Several lawyers provided us with instances of the police using the threat of arrest to
extort a lot of money from the husband’s family228.
Apart from above laws, desertion is also one of the main laws where women misuse
the law and abuse her husband. In the case, K.Narayanan v. K. Sree Devi,229 the court said
that there was no sufficient evidence that wife wanted to stop cohabitation permanently,
the husband could not get a decree of divorce on the ground of wife’s desertion.
Desertion is not a criminal offence, it is matrimonial offence. It may be very difficult for
the spouse to prove this act of desertion as direct evidence to this regard is difficult to find.
Desertion is a matter of inference to be drawn from the facts and circumstances of each
case230. An amount to desertion in particular case depends upon the circumstances and
mode of life of the parties which leads to their separate living. When the wife chooses to
stay with her parents voluntarily and she continues to live with her parents for a number
of years, the failure of the husband to institute proceedings for restitution of conjugal
rights would not constitute desertion of the wife by the husband231.
In the following case, where wife living in England, wife wanted an order for the
constitution of conjugal rights. Her husband lived in Calcutta and worked as a partner in
the business. Wife extravagance and tendency not to pay her debts were such that other
partners threatened to expel husband if he brought his wife to live in India. But the court
that there is no desertion, said if the parties are separated for some good cause, and
certainly includes the need to earn a living.232 In today’s life, this is not possible that
husband and wife always live together. There are many circumstances when husband or
wives have to go outside for their future earning or for carrier. Therefore, in those
circumstances they did not claim for desertion because it is a good cause for their family
227
2000 CriLJ 2993
228
Madhu Kishwar, Laws Against Domestic Violence Underused Or Abused? From
http://Www.Indiatogether.Org/Manushi/Issue120/Domestic.Htm
229
AIR 1990 Mad. 151
230
S.N.Agarwal,“Commentary on Law of Maintenance” 5th Ed. ,2010
231
Shobha Dei v. Bhima, AIR 1975 Ori 180
232
G v. G, [1930] P 72, Hill J
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and children. So if they separate for a good cause for their family it does not mean that
they break their relation. It should be understood by both the spouses.
There have been frequent cases where the woman left her matrimonial house within
few days of marriage and filed a long list of “dowry, cruelty, adultery and desertion” in the
complaint filed against the husband.” Wife filed a case of divorce and wanted to be free
from all the responsibility she knew that after that she has the decree to divorce is passed
she will be given maintenance by her husband. But the problem is for husband because
they suffered from depression, legal and financial problems by paying maintenance and
after case there is no reputation in the society. So it is good for both the spouses that law
should be protected both the spouses equally. The equal rights should be given to both
the spouses so nobody can suffer from these false allegations.
The Indian social and legal systems take for granted that most of cruelty, dowry, and
desertion cases are done by husband and his family to wife, but there are no provisions for
crime against husbands and his family members. The life styles of married couple have
drastically changed in last few years. It is not fair to pre-establish that all the matrimonial
crime happens to a wife only in the Indian family. In a typical situation, a wife could act
cruel to her husband physically, mentally or by her anti-social behavior233.The objective of
any law should be to punish the guilty and to protect the innocent person whether culprit
is men or women. So, there should be an amendment in the personal law and right should
be given equally to both the spouses.
233
Nishant Kumar ,”Misuse Of Anti-Dowry Laws To Blackmail” 0n 8/7/2006,
Http://India.Indymedia.Org/En/2006/07/211853.Shtml
270
59
Interpersonal crimes:
A critical study of systematic bias against men
Sukdeo Ingale
Introduction
Throughout world, including India, the socio-legal institutions take it granted that
husband and his relatives harass his wife, and ignore the instances where it is the wife and
her relatives who harass the husband. There are special laws that protect women who
claim to be harassed but same is not the response for harassed men. Husband who seek to
fight-back against such harassment find that they have also to struggle against the
systematic bias of the government, the police and the courts.
Against this backdrop, the purpose of this study is not to set up a “Male against
Female” scenario; or to take away from women, their position of being the “victim”. But
it is to recognize all kinds of victims of Interpersonal crimes and to advocate for need of
support and all types of facilities to women, men, lesbians and gays; irrespective of gender.
Changing Pattern of Interpersonal Violence

Interpersonal violence is essentially about power and control, irrespective of the label
attached to describe the intimate relationship. Domestic (Interpersonal) violence, whether
heterosexual or homosexual, is nothing less than the systematic exercise of illegitimate
power and coercive control by one partner over another (Lundy, S. 1993, p.275). If
compared, relationships in which an unmarried couples lives together, tends to have
higher rates of intimate partner violence (Anderson, 1997).
The forms of Interpersonal violence are changing as per socio-economic and politico-
legal condition of particular society. Traditionally it included physical violence,
mental/psychological/emotional abuse and economic abuse. Recently the forms are
changing to inexorable forms like mixture of traditional forms with sexual violence, social
abuse and identity abuse, etc. Additionally, there are some forms of abuse which are
unique to lesbian and gay relationships only (Island, D. & P. Letellier, 1991).
Limited Research on Victimization of Men

All history of mankind is the history of gender and hence gender is implicated in all
aspects of human activities. Since immemorial times, gender relations are controlled by
principles of inequality where privileges are for the “Male” over the “Female” gender
(Chunn, D.E., & D. Lacombe, 2000). It is only after 1970, ‘feminist movements’ get
support and recognition throughout world. It gave birth to countless governmental and
non-governmental policies and programmes for protecting female victims against all types
SASCV 2013
of abuse and violence, including interpersonal violence. Hence, till recent days most of the
researches throughout glob were found concentrating on victimization of female.
It resulted in exclusionary response to the research relating male victimization. For
example, till recent years, the US Department of Justice (2005, p.8) declared, “What will
not be funded,” as “Proposals for research on intimate partner violence against, or stalking
of, males of any age or females under the age of 12.” Recently, the US Department of
Justice agreed to cover this problem—as long as researchers give equal time to address
violence against women (Bert H. Hoff, 2012).
Due to such change in the policy in USA there is extensive research as well as time
and again review of such research (Straus, M.A. 2005) showing that women initiates and
carry out physical assaults on their partners as often as do men. In 2011 an estimated 5,
365,000 men and 4,741,000 women were victims of intimate partner violence (NISVS:
2010 Summary Report).
But in most of the other countries like India, or for that purpose in any other South
Asian Countries, there is no substantive and verifiable research in this regards.
Bias against Men

One of the commonest biases of all legal systems about men is with respect to sexual
abuse. The presumption is that men or boys are rarely victims of sexual abuse, especially
with women as the sexual aggressor (Sarrel & Masters, 1982). But recent research has
shown that substantial number of men is subjected to sexually aggressive behavior of
female strangers, acquaintances and lovers (Fiebert, M. S. & Tucci, L.M. 1998). Recently
more males than females are found victims of teenage dating violence (Centers for Disease
Control, 2006).
As throughout the human race, the Police-Court-Legislature are heterosexist (and pro-
feminist) institutions, the Justice Administrating Systems have offered little assistance to
male, lesbians and gay victims of interpersonal violence. In a country like USA, it is
widely reported that gay men and lesbians are often subjected to outrageous treatment by
many levels of the court system (Lundy, S. 1993, p.291). Similarly in some countries like
India, sodomy (Section 377 of IPC, which prohibits carnal intercourse with any man,
woman or animal) is still ‘Crime’ and such laws needs to be enforced till they are in force.
Thus the real problem is biased laws against men, lesbian and gays.
In India many substantive and procedural laws like Protection of Women from
Domestic Violence Act, 2005, Dowry Prohibition Act, 1961, Indian Evidence Act, 1872,
Indian Penal Code, 1860 (Sec. 498 (A), Sec. 376 & 377, Sec. 509, and 304-B) etc
presumes the culpability of the accused husband and his relatives. Hence women can
rope-in each and every relative- including minors and even school going kids, nearer or
distant relatives and in some cases against every person of the family of the husband
whether living away or in other town or abroad. Data collected by National Crime
Record Bureau of India (2001 to 2011) showing very low conviction rate as well as time
and again variations in suicide of men is sufficient to prove the potential misuse of these
provisions and explicative to show effect of biased laws on Men.
272
Interpersonal crimes: A critical study of systematic bias against men
Recommendations
The basic problem with the present laws dealing with domestic frictions and marital
abuse is absence of providing effective remedies through civil laws and the whole matter
has been regulated through the jurisdiction of criminal laws, with very draconian
provisions.
Following are some recommendations for improvement:
1. Interpersonal violence should be categorized in two categories. First category of
violence should be regulated through civil law jurisprudence and second category
(the crimes) should be made bailable & compoundable.
2. Arrest warrant should be issued only in some types of violence and only against the
accused spouse involved or likely to involve in such violence.
3. Stringent action should be taken against persons making false allegations.
4. Physical appearance of the accused on hearing should be waved or kept low,
especially for NRIs.
5. The registration of marriages and the gifts exchanged during marriage should be
made compulsory.
6. All the provisions relating to violence among intimate partners should be gender
neutral.
References
Anderson, K. L. (1997). Gender, Status, and Domestic Violence: An Integration of
Feminist and Family Violence Approaches. Journal of Marriage and the Family, 59(3),
655-669.
Bert, H. H. (2012). US National Survey: More Men than Women Victims of Intimate
Partner Violence. Journal of Aggression, Conflict and Peace Research, 4(3). 158.
Centers for Disease Control. (2006). Physical Dating Violence Among High School
Students - United States, 2003. Morbidity and Mortality Weekly Report MMWR
Weekly, [Electronic Version]May 19, 2006 / 55(19);532-535, Retrieved on 11th
November, 2012 from Save Services Web site:
http://www.saveservices.org/2012/02/cdc-study-more-men-than-women-victims-of-
partner-abuse/
Chunn, D. E., & Lacombe, D. (2000). Introduction. In D. E. Chunn, and D. Lacombe.
(eds.). Law as a Gendering Practice, [Electronic Version] Canada: Oxford University
press. pp. 2-19.
Fiebert, M. S., & Tucci, L. M. (1998). Sexual Coercion: Men Victimized By Women.
[Electronic Version]. Journal of Men's Studies. 6(2). 127-133.
Island, D. & Letellier, P. (1991). Men Who Beat the Men Who Love Them: Battered
Gay Men and Domestic Violence, Harrington Park Press, New York, 1991. In Lee
Vickers, The Second Closet: Domestic Violence in Lesbian and Gay Relationships: A
Western Australian Perspective, [Electronic Version] Murdoch University Electronic
Journal of Law, 3(4). Retrieved on 13th November, 2012 from
http://www.murdoch.edu.au/elaw/indices/issue/v3n4.html
273
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Lundy, S. (1993). Abuse That Dare Not Speak Its Name: Assisting Victims of Lesbian and
Gay Domestic Violence in Massachusetts. Symposium on Domestic Violence. (Winter
1993). 28, New England Law Review, 275, 291.
National Crime Record Bureau of India. (2001-2011). Retrieved on 10th November,
2012 from National Crime Record Bureau Web Site: http://ncrb.gov.in/
NISVS Summary Report. (2010). The National Intimate Partner and Sexual Violence
Survey. 2010 Summary Report. Atlanta, GA: National Center for Injury Prevention
and Control, Centers for Disease Control and Prevention, [Electronic Version]
Retrieved on 11th November, 2012 from
http://www.cdc.gov/ViolencePrevention/pdf/NISVS _Report2010-a.pdf
Sarrel P, & Masters W. (1982). Sexual Molestation of Men by Women. [Electronic
Version]. Archives of Sexual Behavior, 11. 117-131.
Straus, M. A. (2005). Women's Violence Toward Men Is A Serious Social Problem. In D.
R. Loseke, R. J. Gelles and M. M Cavanaugh. (eds.). Current Controversies on Family
Violence. (2nded.) Newbury Park: Sage Publications. pp. 55-77.
US Department of Justice. (2005). National Institute of Justice (2005). Solicitation for
proposals: justice responses to intimate partner violence and stalking. Catalog of
Federal Domestic Assistance (CFDA) No. 16.560, US Department of Justice, Office of
Justice Programs, Washington, DC, November. Retrieved Nov.13, 2012 from
National Criminal Justice Services Web Site: https://www.ncjrs.gov/pdffiles1/nij
/sl000734.pdf
274
el IV
Pan
Culture Conflict and Victimization of Groups
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60
Penal Laws and Rights of Transgender:
International Perspective with Special Reference to Section 377
of the Indian Penal Code, 1860
Asha P. Soman
Introduction
Gender issue always addresses two sections - men and women and the third category
are often forgotten and that is the ‘transgender’. Though they do not claim any 'special' or
'additional rights', they are ostracised by society and government. Social, religious
backgrounds and negligence of authorities are making the life of transgender people
pathetic. Legislations in many countries, especially penal laws are reluctant to accept them
and give them full rights as normal human beings and the international initiatives in this
respect is also minimal. Hence, there is the need to protect transgender people from
exploitations and violations and to give them equal protection.
Religious and Societal Reflection of Transgender in India

World over transgender people suffer from neglect and trauma. Term ‘transgender’
denotes broad range of identities and experiences that fall outside the traditional
understanding of gender. India has more than 4,000 years of recorded history of ‘Hijras’234.
Britisher’s in India labelled them as “criminal Tribes”. Though they changed their
attitude, India is still following their footsteps. Hinduism accept them, unfortunately
Christianity is showing reluctance235.
Accepting transgender was and is considered as against morality and public decency. In
India, transgender earn their daily bread by begging, performing religious ceremonies and
most painfully through sexual work and it is unfortunate that the Society is least bothered
about the psychological situation of their fellow human beings to call them as a ‘number 9’.
When society gets the information that a person is transgender, they face social
ostracism within and outside family. So most of them will not be able to complete their
studies and there is no employment opportunity for them. These all add to their
vulnerability. State mechanisms of Police who are considered to be the protectors of rights
are unfortunately becoming predators of their rights.
234
Hijras (eunuch) are physiological males who have feminine gender identity. This term is considered derogatory
in Urdu.
235
Utkal Christian Council and Apostolic Churches Alliance opposed the Delhi High Court order legalising gay sex
between consenting adults in private
Penal laws and Rights of Transgender
There are governmental schemes like ladies seat in public transport, separate wards in
hospitals for vulnerable sections of the society like women, aged, children; but no such
welfare measure is offered to transgender people. Official paper’s have only male and
female columns to fill the gender, then what about transgender? Does the society have
the right to segregate them? Can the State be justified here? Answer to all such questions is
a big ‘NO’.
World has changed and is changing but still the attitude towards transgender people is
not changing. Many instances of violence can be traced from all parts of the world against
transgender. Unfortunately, government is doing nothing for them to come out from the
stinking shell of flesh trade or for their welfare. They face social isolation, stigma,
rejection, verbal abuse, harassment and threats of violence and brutality. Society is
reluctant to speak about them. Why the society is forgetting they are also human beings
with same flesh and blood?
Rights of Transgender: International Perspectives

Discrimination of sexual minorities has been given little attention by the international
community. Violence against them starts at the concentration camps of Nazi’s. The
UDHR and the UN has not recognised their rights still. Inclusion of ‘all people’ to
UDHR will provide sexual minorities also the umbrella of human rights protection. In
2008, a Declaration was introduced in the UN General Assembly on the rights of
homosexual, bisexual and transgender persons. This is the initial step for an international
document in this respect. Rights ensured under Articles 16 and 20 of ICCPR are also
denied to them. But, Committees on CRC, UN Human Rights Convention and
Economic, Social and Cultural Rights mentions sexual orientation is included under the
document as a ground of discrimination.
European Court of Human Rights, Constitution of the US, Colombia, South Africa
and Ecuador and countries like Australia, Nepal and Pakistan has taken positive steps
towards recognising the rights of transgender.
Penal Laws and the Rights of Transgender

Interpretation of Sharia Laws in the Middle East, Nigeria and parts of Asia criminalise
transgender behaviour. In India, penal law is found in various statutes and they also
neglect their rights. Section 10 of the Indian Penal Code defines ‘man’ and ‘women’ and
Section 11 defines ‘person’, but both the definitions not include transgender. Section 12
defines public, here transgender finds a place as the word public includes ‘any class of the
public’, ‘or any community’. Since, the Code is silent about the transgender; there is the
need to amend it to include transgender.
Section 377 of IPC criminalised private consensual sex between adults of the same sex
which violated Articles 14, 15, 19 and 21 of the Constitution. Under this provision, they
were discriminated and threatened by Police and NGOs working with sexual minorities
have also been harassed. After much hue and cry, the Delhi High Court in Naz Foundation
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v. Government of National Capital Territory of Delhi236, decriminalised Section 377 with

respect to gays, but still the decision is criticised for decriminalising the section which
negated the basic rights guaranteed by the Constitution to all the citizens.
It is not that India is blind towards the rights of transgender; Central Government has
allowed the inclusion of ‘Other’ gender, in passports and voters’ identity cards and they
were also included in the 2011 census. Amending clause (3) of the Criminal Laws
(Amendment) Bill, 2012 approved by the Union Cabinet, proposes the widening of the
definition of sexual assault and this is a welcome step, as the legislature has made both the
perpetrator and the survivor of the acid attacks gender neutral.
Rethinking of Societal Attitude towards Transgender

Efforts of government, judiciary and NGOS like AIDS Bhedbhave Virodhi Andolan,
NAZ are trying to bring change in the attitude towards transgender people in India. Social
acceptance is the best possible way to give the transgender people their rights for this
judicial sensitisation, political sensibility and social sensitivity is necessary. Delhi
government has introduced pension scheme for transgender people. State of Tamil Nadu
is taking progressive measures for ensuring them civil and political rights and in this
respect other States can take Tamil Nadu as a model. Recently, National Legal Services
Authority filed a Public Interest Litigation before the Supreme Court for declaring
transgender people as citizens with a third category of gender and also demanded equal
protection of their rights.
Initiatives like "Transrespect versus Transphobia Worldwide237" a research Project done
by ‘Transgender Europe’ is giving new life to the neglected rights of transgender people.
Main finding of this research team is that in majority of countries procedure for gender
recognition is unclear or does not exist; and they have given many recommendations to
improve the situation.
Suggestions and Conclusion

After analysing the situation of transgender people, the following suggestion have been
came out to give them a better life internationally:
1. Help LGBTs to recognise themselves as part of the society and human community
and inculcate in them self-respect.
2. There is the need for international attention towards the protection of the rights of
LGBTs, especially transgender in the following matters:
a. Amend the international documents like and the United Nations can play
significant role in this.
236
(2009) 160 DLT 277.
237
For research details see, http://www.transrespect-transphobia.org/. Preliminary findings of the ILGA report on
mapping the legal situation of transgender people worldwide (February, 2012). Retrieved on 9th November 2012
from http://www.ilga.org/ilga/static/uploads/files/2012/4/10/ILGA%20Trans%20Report%20-
%20UN%20summary.pdf
278
Penal laws and Rights of Transgender
b. Ensure them civil and political, social, economic and cultural rights,
especially right to vote, property, education and protection from
discrimination at schools, marriage, employment, health and sanitation
facilities.
c. Decriminalise provisions which discriminate transgender people.
d. Extend International documents protecting the rights of men and women to
LGBTs.
e. Make medical guidelines for conducting ‘sex change surgery’ and also make
available general medical services and insurance facilities to them also.
3. State should issue documents like identity card, ration card, passport which are
available to the ‘normal’ gender and make welfare schemes for them.
4. Religious leaders teach followers to respect every human being irrespective of the
differences and help the transgender people to be a part of the religion which they
wish to follow.
5. Media should bring into lime light violations on sexual minorities and help them to
raise their voice and to get their rights established.
World is showing a change in the attitude towards LGBTs. Government and other
organisations are taking various initiatives in this respect. In spite of these efforts it needs
to be remembered that, still the road is too long to reach the destination of equal
protection of rights and equal treatment to transgender people, who are also human beings
are dreaming of a better tomorrow.
279
61
Demonological theory of crime:
A study of witch accusation in Nepal
Binita Pandey
Introduction
Demonological School or Pre-Scientific School is the most ancient school of
criminology (Sharma, 2008), describing the causation of crime (Acharya, 2007). People
who committed crimes were thought to be possessed by evil spirits, are often referred to as
demons (Ball, Cullen & Lilly, 1995). Thus, the offenders were regarded as an innately
depraved person who could be cured only by torture and pain (Paranjape, 2006) and in
severe cases they were killed or exiled. There was belief on demonological theory of
crime since the ancient Egyptians, Greeks, and Romans. In Europe, in the belief of this
theory of crime since 14th century till 17th century almost 300000 people were killed.
Likewise, in Massachusetts State of America the accused witches were given capital
punishment (Tripathi, 2044). The persecution of accused witches continues today in
communities around the globe (Schnoebelen, 2009).
Witchcraft accusations have represented the most visible manifestation of witchcraft
belief (Cimpric, 2010). Encyclopedia Britannica defines witchcraft as the exercise or
invocation of alleged supernatural powers to control people or events, practically typically
sorcery or magic (Informal Sector Service Center [INSEC], 2012). It is used to describe
different practices relating to the supernatural: evil witches; people with power to fight
evil witches and people with powers to heal and seen as a force for good (HelpAge
International, 2011). Certain ideas, such as evil spirits, sorcery, spell casting, magic, and
harmful curses, are all synonymous with the idea of witches or witchcraft (Quarmyne,
2011). In Nepal the age old practice of persecuting women in the name of witch still
persists (INSEC, 2012). This paper however, explores the demonological theory of crime
in relation to crime of witchcraft accusation in Nepal, including the relationships between
victims and offenders and the interactions between victims and the criminal justice system
i.e., the police personnel.
Method
The 47 incidents of witchcraft accusation that occurred in during 13 April 2011 -12
April 2012 were studied through cluster sampling method. They were randomly collected
through each day purposive observation of 10 different daily national newspapers of
Nepal. In every incidence, the news published date, place (district), age and sex of victim,
perpetrators relation with victim, allegation and violence against victim, it’s consequences
Demonological theory of crime
upon them and their approach to police for complaint were studied through tabulation
method.
Result
The number of victims, their age and sex
The researcher found that, in Nepal, incidence of witchcraft accusation was reported
throughout the year in 30 different districts while in 10 districts the incidences were
repeated. There are altogether 57 victims in 47 incidents. There are 11 male and 46
female victims who are of either of age (i.e. child, adult or elderly). However, the number
of women victim is considerably higher than male victim.
Accusation and violence against the victims

There is occurrence of witch accusation in society on the belief that the victims can do
anything against the society, like enter someone’s body and force the individual to suffer
symptoms of a certain disease or kill the people or animals, cause disaster, etc. In two
cases, the accused person have to give ordeal to prove their innocence by either licking
the feet or touching the fire, etc. but in all of the cases, the society inflicted violence
against victims. They were beaten black and blue, their head is shaved off four sides, sooth
painted on their face, attacked with sharp weapons (sickle, khukuri and axe), forcefully fed
human excreta, defamed, branded or looted property and in extreme cases 10 victims
were banished and three were beaten to death while one was burnt to death.
Perpetrators
The perpetrators in witchcraft accusation consists of family members, local villagers or
neighbors, witch doctors (Jhankris and matas), local group and even the educated member
of society such as teachers, politicians and in one case police too. The numbers of
perpetrators were difficult to ascertain as it varies from single person to group of people
consisting more than 100. It is thus harder to determine who are the main perpetrators,
conspirators and accessories of crime. Besides, there are still large numbers of other people
who passively observe it. In criminal law, criminal liability arises even through omission of
duty. In Muluki Ain 2020, Chapter of Homicide number 19 states when someone plea for
help to the persons present nearby and such persons who are between age of 17 and 65
years don’t go to rescue or for help they can be punished. On the contrary, it was found
if the family members of victim tried to save them they are even assaulted, injured,
defamed and in two cases even killed.
Consequences on victim
There are both direct and indirect victims of witch accusation. Firstly, the direct
victim, accused witches themselves in its, immediate effect were admitted to the hospital,
while some were abandoned from village and some were killed. Later, living victims were
isolated from society, suffering from physical pain, psychological trauma and even
attempted to suicide. Secondly, the family members are the indirect victim. They have
281
SASCV 2013
also gone through mental trauma and sometimes even displaced or banished along with
victims.
Victim’s interaction with Criminal Justice System mechanism

In Muluki Ain, Adal Ko Mahal number 10b it states anyone alleging any person as
witch or inflicting violence upon them are to be punished with two years imprisonment
or Rs. 5000 fine or both. Accordingly, after the violence, 32 victims are found to have
reported on nearby police station and 4 complaints were filed in CDO office. In 2 cases
the police denied in filing the complaint and 1 person then approached to court for
complaint. Police had released perpetrators in 1 case by admonishment while in other case
police was forced to release perpetrators from local people pressure. Eventually, in many
cases, perpetrators managed to flee away. The complaints were even settled through
mediation by police in 4 cases and in 2 cases local communities interfered police on
investigation. Nevertheless, in 20 cases the investigation and prosecution by police is going
on.
Availability of remedy to victim

The victims who were hurt and admitted to hospital were not able to reimburse
treatment expenses from perpetrators and they are not guaranteed of non-repetition of
such incidence on future. Likewise, those who were ostracized from village couldn’t
return home. Only in few cases, the victims got compensation from perpetrators or
rehabilitated in society and in only one case government gave monetary compensation to
victim’s family.
Conclusion
The result of the current study must be interpreted in the context of its limitations
which may be addressed by future research on witchcraft accusation from different
perspectives such as the perspective of human rights, women and child rights, comparative
study on practice of witchcraft on different societies and alike.
Witchcraft accusation, in Nepal, is the reminiscence of demonological theory of crime.
In influence of demonology, the society is found to delineate certain person as witch and
consequently inflict violence upon them. However, the police personnels are found less
proficient to prosecute perpetrators on the court and the cases are settled through informal
process. Consequently, almost all of the perpetrators are unpunished or given nominal
punishment while the victims are deserted without any remedial measures. In nutshell,
there is failure of Criminal Justice System to control crime in society. The writer thus
suggests, the government and NGOs/INGOs working in promotion and protection of
human rights to perform awareness program in society. Further, the existing laws are not
adequate and new law is yet to be enacted by Parliament. Thus, the state requires enacting
a new legislation immediately to suppress the crime of witchcraft accusation in society.
282
Demonological theory of crime
References
Acharya, M. P. (2007). Criminology. (4thed.). Kathmandu: Ratna Pustak Bhandar.
Ball, R. A., Cullen, F. T. & Lilly, R. J., (1995). Criminological Theory Context and
Consequences (2nded.). New York: Sage Publications.
Cimpric, A. (2010). Children Accused of Witchcraft an Anthropological study of Contemporary
practices in Africa. Geneva: UN Children Emergency Fund.
HelpAge International. (2011). Using the law to tackle accusation of Witchcraft: HelpAge
Internationals’s position. London: Author.
Informal Sector Service Center. (2012). A Study on Violence due to witchcraft Allegation and
Sexual Violence (2nded.). Kathmandu: Author.
Paranjape, N. V. (ed.). (2006). Criminology and Penology. 12th reprinted. India: Central Law
Publications.
Quarmyne, M. (2011). Witchcraft: A Human Rights Conflict between
Customary/Traditional Laws and the Legal Protection of Women in Contemporary
Sub-Saharan Africa. William & Mary Journal of Women and the Law, 17(2), 475-507.
Retrieved on 15th July, 2011 from
http://scholarship.law.wm.edu/wmjowl/vol17/iss2/7
Schnoebelen, J. (2009). Witchcraft allegations, Refugee Protection and Human Rights: A
review of evidence. New Issues in Refugee Research, Research Paper No. 169. Geneva:
United Nations High Commissioner for Refugees, Policy Development and
Evaluation Service.
Shah, G. (ed.). (1999). Crime and Criminology. New Delhi: Anmol Publication Pvt.Ltd.
Sharma, L. (ed.). (2008). Criminology. Nepal: Nepal Saichik Sahayog Kendra.
Tripathi, H. (ed.). (2044). Criminology. Kathmandu: Nepal Kanoon Kitab Company
Pvt.Ltd.
283
62
Gender neutral or gender specific predictors of recidivism:
Should risk assessment incorporate
separate scales for boys and girls?
Brian Lovins, Myrinda Schweitzer and Carrie Sullivan
Introduction
As the juvenile justice system progresses in regards to assessment from relying solely on
clinical intuition to empirical evidence, a question about actuarial assessments and the
appropriateness of these assessments for sub-populations has surfaced. Traditionally, the
juvenile justice system (as well as the adult criminal justice system) has been dominated by
male-focused research. Some argue that women are often an afterthought in research and
policy (Covington & Bloom, 2007; Hannah-Moffat, 2004; Ward & Brown, 2004). With
this, comes an argument that risk assessment has been designed to assess male dominated
traits and that the results are not applicable to female offenders.
There are three predominate schools of thought in regards to the utility of risk
assessment for female offenders. First, the gender neutral school posits that risk factors
(predominately dynamic/criminogenic needs) are similar across males and females and that
the need for additional measures does not provide much utility. This school is often
referred to as the Canadian model—although has expanded well beyond the Canadians in
recent years. While there are numerous studies that have demonstrated the validity of 3rd
generation risk assessments for women, Smith, Cullen, and Latessa (2009) summarized the
research on the Level of Service Inventory-Revised (LSI-R) using meta-analytic
techniques. They examined 27 distinct effect sizes for females totaling 14,737 women
offenders. They found the average effect size was .35 for female offenders and concluded
that the LSI-R was appropriate to assess female offenders as well as male offenders.
The second, the gender responsive school posits that 3rd and 4th generation risk
assessments have utility for female offenders given the broad array of criminogenic needs
that are included but should be enhanced by gender responsive factors. Van-Voorhis,
Wright, Salisbury, and Bauman (2010) recommend that gender responsive items should be
added to the traditional gender neutral measures to better understand the needs of female
offenders. They found that adding measures around parental stress, self-esteem and self-
efficacy, family support, and educational assets increased the predictive power of risk
assessment. Specifically, VanVoorhis et al (2010) found that when gender responsive
predictors were included with gender neutral models for females that the AUC increased
from .71 to .74 in one sample and .69 to .74 in a second sample.
Gender neutral or gender specific indicators of recidivism
A third school regarding assessment, often tied to Stephanie Covington and Barbara
Bloom is one that suggests that the current methodology tied to actuarial risk assessment is
flawed and that the field should re-examine the use of the current risk assessments for
female offenders. They argue, along with several other criminologists, that women present
with broader issues other than criminogenic factors that impact their risk including
histories of sexual abuse and assault, domestic violence, the marginalization of women by
male dominated culture. These other factors culminate in what Covington (2002) refers
to as “level of burden”. The level of burden is a combination of internal and external
pressures that are measured at the individual level by the number of problems and the
severity of those problems a woman faces. Ultimately, suggesting that women should be
assessed on the individual level for the number and severity of burdens that they present
with and that actuarial models are not appropriate to truly measure the needs of female
offenders.
Given the different schools of thought regarding risk assessment, this study will answer
the following research questions:
1) Are the predictors of recidivism the same for boys and girls?
2) Are the strengths of these predictors similar for boys and girls?
3) Are there specific areas or patterns of predictors that demonstrate greater predictive validity for
girls than boys?
4) Can actuarial models of risk predict as well for girls as it does for boys.
Methods
Participants
This study examines the predictors of risk for adolescents who are serving a probation
sentence in the community in a Midwest state in the United States.
Table 1 provides the demographic characteristics of the youth included in the study.
While there are significantly fewer females on probation in the state than males, females
were oversampled for this study to obtain a relatively representative sample across gender.
Table 1
Sample Demographics
N %
Gender
Males 318 64.6
Females 174 35.4
Race
White 256 52.0
Youth of Color 236 48.0
Age
8 to 11 years old 64 13.0
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12 to 14 years old 269 54.7

15 to 17 years old 159 32.3
Mean S.D.
Age 13.6 1.9
Re-arrest rate
Males 175 55.0
Females 79 45.4
Analysis
The purpose of this study was to examine the significance of common predictors of re-
arrest as well as the strength of those measures. To start, the combined sample was used to
identify those items that were predictive irrespective of gender.238 Once the predictors
were identified, chi-square was conducted on the relationship between each unique factor
and re-arrest, as well as a measure of strength calculated by Cramer’s V for each factor by
gender. Once the individual predictors were analyzed, the scores were combined into 6
unique domains or scales and were examined again using chi-square and bivariate
correlations to determine the likelihood of recidivism for both girls and boys by domain.
In addition, the overall scores and levels of risk were examined by gender to determine if
the composite risk score was valid for both boys and girls. A Receiver Operating
Characteristics (ROC) analysis was conducted and an area under curve (AUC) was
calculated for the final levels of risk by gender to determine the ability of the combined
predictors to predict future recidivism.
Results
Table 2 provides the results based on domain. As noted, all 6 domains or scales
provided a statistically significant relationship with re-arrest for boys and 4 of the six
domains for girls. The delinquency scale for girls demonstrated a slightly stronger
relationship than for boys, while the family domain provided a much stronger relationship
for boys than girls. In contrast, the family domain demonstrated a significant relationship
for both boys and girls but the strength of the relationship was much greater for boys.
The education domain was not predictive for girls. For boys, the relationship between
re-arrest and education was significant and demonstrated a moderate relationship. As for
the impact that peers have on re-arrest, both boys and girls that have riskier peers were re-
arrested at higher rates, but the strength of the relationship was much stronger for girls
than boys. Similar results were found for the substance abuse domain. It appears that the
combination of substance abuse, mental health, and personality factors have a stronger
238
The bivariate relationships and additional analyses for determining the predictors are available from the lead
author.
286
relationship for boys than girls. The attitudes domain was significant with re-arrest for
boys but not for girls. Moreover, the strength of the relationship between attitudes and
re-arrest for boys was moderate to high.
Table 2
Re-arrest rates by overall domain/scale by gender
Male Female
N % N %
Delinquency
Low 43 31.9 24 27.6
Moderate 52 46.0 17 29.3
High 40 57.1 16 55.2
X2 (Cramer’s V) 12.981** .202 7.984* .214
Family
Low 23 31.1 8 22.9
Moderate 67 38.5 30 30.9
High 45 64.3 19 45.2
X2 (Cramer’s V) 18.685*** .242 4.675* .164
Education
Low 27 31.4 16 27.6
Moderate 46 39.7 18 28.1
High 62 53.4 23 44.2
2
X (Cramer’s V) 10.416** .181 4.435 .160
Peers
Low 18 34.0 12 23.1
Moderate 56 38.9 27 30.7
High 61 50.4 18 52.9
2
X (Cramer’s V) 5.451* .131 8.672* .223
Substance Abuse
Low 30 28.8 13 28.3
Moderate 81 47.6 30 27.8
High 24 54.5 14 70.0
X2 (Cramer’s V) 12.393** .197 14.232** .286
Attitudes
Low 24 32.0 5 16.1
Moderate 70 39.5 37 36.6
High 41 62.1 15 35.7
X2 (Cramer’s V) 14.416*** .213 4.747 .165
Figure 1 provides a review of the overall model for boys and girls. As noted, both
models demonstrate a significant (and positive) relationship with risk levels and re-arrest.
For boys, 20.3 percent of the boys who scored low risk on the totality of the items
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reoffended while 44.0 percent of the moderate risk boys and 59.6 percent of the high risk
boys. In comparison, 15.9 percent of the low risk girls were re-arrested; with 34.5
percent of the moderate risk and 66.7 percent of the high risk girls were re-arrested. The
Pearson’s correlation for boys was .287 with an AUC of .655 while the model for the girls
had a Pearson’s correlation of .352 and an AUC of .693.
Figure 1
Re-arrest rates by risk level for boys and girls
Discussion
First, and foremost, the overall findings of this study suggest that it is possible to
identify and measure factors associated with recidivism for both boys and girls. The
overall model was predictive for both boys and girls while the correlations of the final
model actually provided a slightly better model for girls than for boys. As for individual
items for boys and girls, the findings were mixed. While majority of items were
predictive for both or at least in the right direction, there were several items that were not
predictive for girls but were for boys. Specifically, whether girls followed the rules, had
positive relationships with adults in the community, and had a very strong connection
with friends were not predictive of new arrests.
While boys and girls differed on which items provided stronger correlations to
reoffending, it is apparent from the results that the greater model was slightly more
predictive for girls than boys. Based on the results of this study, it is recommended that
juvenile justice programs could create 3rd and 4th generation tools that can provide a valid
measure of risk for both boys and girls. It should be noted, that while the predictors were
similar for boys and girls, the final cutoffs for the composite levels of risk were normed
specifically for boys and girls.
288
References
Covington, S. (2002). A Woman’s Journey Home: Challenges for female offenders and their
children. From Prison to Home: The Effect of Incarceration and Reentry on Children,
Families, and Communities, The Urban Institute.
Covington, S., & Bloom, B. (2007). Gender-responsive treatment and services in correctional
settings. In E. Leeder. (Ed.). (2007). Inside and out: Women, prison, and therapy
Binghamton, NY: Haworth Press.
Hannah-Moffat, K. (2004). Losing ground: Gender, responsibility and parole risk. Social
Politics, 11(3). 363-385.
Smith, P., Cullen, F. T., & Latessa, E. J. (2009). Can 14,737 women be wrong? A meta-
analysis of the LSI-R and recidivism for female offenders. Criminology and Public Policy,
8(1), 183-208.
Van-Voorhis, P., Wright, E. M., Salisbury, E., & Bauman, A. (2010). Women’s risk
factors and their contributions to existing risk/needs assessment: The current status of a
gender-responsive supplement. Criminal Justice and Behavior, 37(3). 261-288.
Ward, T., & Brown, M. (2004). The good lives model and conceptual issues in offender
rehabilitation. Psychology, Crime, and Law, 10. 243-257.
289
63
Under-aged commercial sex:
Who really are the victims? A Singapore perspective
S. Chandramohan
Introduction
Prostitution itself is not an offence in Singapore and the age of consent for consensual
sex remains at 16. Section 367B, inserted in the Penal Code in 2007,created an offence of
obtaining for consideration the sexual services of a person under 18 years of age, an
offence punishable with imprisonment of up to 7 years, or with fine, or with both. This is
an offence of strict liability, with the defence of a reasonable mistake as to the age of the
minor being available only to a person below the age of 21,provided he is charged with
such or similar offence for the first time. However, similar laws in the United Kingdom
(Sexual Offences Act, 2003), Australia (Crimes (Sexual Offences) Act, 2003) and Canada
(Violent Crime Act, 2008) allow an honest and reasonable belief in respect of the age of
the victim to be raised as a defence to the charge.
Rationale of the New Law

The new law was an obvious response to criticism in the US Trafficking in Persons
Report 2007 (TIP, 2007) which singled out Singapore as “a destination country for
women and girls trafficked for the purpose of sexual exploitation” (p.6). Singapore was
placed in Tier 2, an indication that she had not fully complied with the minimum
standards under the US Trafficking Victims’ Protection Act (TVPA, 2003).The US
Department of State had consequently recommended that the Singapore Parliament
approve amendments to the Penal Code that would criminalise prostitution involving a
minor under the age of 18, extend extra-territorial jurisdiction over Singaporean citizens
and permanent residents who purchase or solicit sexual services from minors overseas, and
make organizing or promoting child sex tours a criminal offence. That was what was done
in 2007 (Penal Code Amendment, 2007).
The purpose of the new law prohibiting commercial sex with an under aged girl
below 18 years, according to a Ministerial statement in Parliament, was to prevent
“immature and vulnerable” young persons from being exploited into providing sexual
services (Hansard, 2007). However, the Minister assured Parliament that there was no
evidence that 16 and 17 year olds were into prostitution, but setting the maximum age at
18 would protect a greater proportion of minors. In doing so, Singapore has followed
countries such as the United Kingdom and Australia which have adopted the approach of
criminalising commercial sexual activities with persons under 18 years of age, in line with
Under-aged commercial sex
the United Nations Convention on the Rights of the Child 1989 (UNCRC) and the
Stockholm Declaration and Agenda for Action (1996).
What is the wrong of the commercial sex with an underaged person under the law? Not
the sex act which is consensual; not the nature of the transaction for profit as prostitution
per se is not an offence; not even the having of a sexual relationship with a much younger
female. It is that the prostitute has not yet reached 18 and hence is not considered mature
enough to engage in commercial sex and ought not to be encouraged to offer such
services
Setting the Age of Maturity for the Crime Victim

Setting the age of maturity for prostitution at 18 in Singapore seems at odds with the
age for consensual sex remaining at 16. Would a girl consenting to sex at 16 be more
mature than one who is older but who consents to it for a reward? There does not seem
to be a universal agreement at fixing the age of a child at below 18. An Australian
Parliamentary paper (The Age of Consent, 1997) has acknowledged that there can be no
objective standard for determining when a person can consent to sexual intercourse
because of individual differences in the rate and level of development and maturity, and
hence no universal age of consent can logically be set. This is significant when we
consider cases where the underaged girl has not been compelled or exploited but has been
active in making an informed decision to conclude what she regards as a commercial
transaction. Is the law, with all its attendant publicity and punishment, always an adequate
response for victim protection or does it itself create unintended victims in certain
circumstances?
The Prosecution Blitz

Whilst there were occasional prosecutions under the new law (Tan, 2009), matters
came to a head in December 2011. In that year, 51 men were charged with having paid
sex with a single female prostitute aged 17, in a massive prosecution exercise(Alvin,
2011).The men, aged between 20 and 70, mostly married with children, come from
varied backgrounds and include a school principal, banker, a navy officer, senior police
officer, businessmen and a lawyer. Since the beginning of this year, 16 of these have
pleaded guilty and have all received “deterrent” imprisonment sentences of between 9 and
24 weeks, amidst great media publicity.
Punishing the offenders

In a society that favours crime control over due process (Chan, 2000) the dominant
principle of sentencing has been “deterrence”. Various mitigation pleas therefore have had
little effect on sentences of imprisonment imposed on the 16 offenders. In most of the
cases these were not men out to exploit young girls or support forced prostitution. They
were unknowingly involved at different times with the same underaged prostitute for a
substantial fee and were themselves fooled by the girl or her pimp that she was above 18
years of age.
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Should imprisonment be imposed on those who had not sought an underaged girl, nor
were indifferent about her age but had found themselves in breach of the law due to
negligence, inadvertence or deception by the prostitute herself or her agent. Should the
courts impose prison sentences on luckless victims or those who are morally innocent? And
should they disregard the many other unintended victims of the prosecution in respect of a
one-off act of indiscretion? There has been a gag order to prevent the press identifying the
girl but the offenders have all been named and shamed in the local media. Initial reports
suggest that consequently, there has been considerable disruption to the lives of the
offenders and their families. The publicity in a small city state such as Singapore, the loss
of reputations, jobs and careers following the conviction, the disruption to family life due
to separations and divorces and the effect on children appear not to have been taken into
account by the courts in determining sentence.
Victims and Victimology

This case raises interesting questions on true victim identification. Certainly, as the
UNCRC and the Stockholm declaration seek to do, young children ought to be
protected from sexual exploitation and trafficking in humans. But a broad definition of
‘victims’ means “persons who have suffered harm, including physical or mental injury,
emotional suffering, economic loss or substantial impairment of their fundamental rights.”
(UN Declaration of Basic Principles of Justice for Victims of Crime, 1985). Who then
really are the victims in the case at hand? It is obvious that in this scenario a number of
things associated with victimology, such as the need to have restorative justice, are absent.
Where the underaged female has done this purely for financial greed and not need and out
of her own volition, how does restorative justice even function and for whom?
Conclusion
As the 51 prosecutions demonstrate, classifying victims as innocent and offenders as
always bad and evil can at times be a simplistic classification. Where the innocence of the
“victim” is questionable, sympathy for her and for even justice could diminish. (Meloy &
Miller, 2011).The prosecution and imprisonment of the 51 offenders under the new law
may not necessarily represent just desserts for perpetrators of sexual exploitation. On the
other hand, this may be an example of the overreach of a harsh law, resulting in
unnecessary incarceration and the destruction of reputations, careers and families, thus
creating perhaps multiple victims of the law.
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64
Labeling of “de-notified” tribes:
Revisiting the ramoshis in Maharashtra
Dattatary Bhandalkar
Introduction
Culture conflicts arising out of caste, religion, class, ethnicity etc are among the
significant fault lines that hinder development and result into victimization of vulnerable
and marginalized groups of our country. The de-notified tribes of our country are one
such vulnerable and marginalized groups of our country. A significant number of
marginalized tribal communities in India were once classified and declared as criminals
with the declaration of Criminal Tribes Act in 1871. All members of the declared tribal
communities were registered and notified as criminals. The ‘De-notified Tribes’ were
notified under several versions of Criminal Tribes Acts enforced during the British Rule in
between 1871 and 1947 throughout the Indian territory. They were 'De-notified' by the
Indian government post independence with the repeal of these Acts in 1952. The
classification and criminalization as “Criminal Tribes” occurred with 198 tribes in our
country. With the repeal of the Act in 1952, 2,300,000 tribal were decriminalized but
further re-classified as 'Habitual Offenders' with the enactment of 'Habitual Offenders Act'
in 1959.2 Significant populations of 60 million in India with 6 million in Maharashtra are
still classified as De-notified tribes. They are deprived and denied of many of their basic
rights even today. They are subject to stigma and discrimination not only in the hands of
polity, society, state machinery but also in the hands of other dominant sections of the
society. They are referred as “born criminals”. There is an immense need to explore and
understand the issues of the denotified population in India and address them to ensure
justice to these ethnic groups. 2 Criminal Tribes’ Act, 1871: Act XXVII. British Library,
Oriental and India Office Collections, shelfmark V/8/42.
The Labeling Theory

Labeling theory is one of the most important theories in criminology. In 1938,
Tannenbaum proposed that individuals who were identified, stigmatized, or labeled in any
special way would eventually behave as the label suggested. Tannenbaum called this
process the dramatization of evil.
Lemert (1951) developed this idea further with the distinction between primary
deviance, which is the initial act leading to the label, and secondary deviance, which
occurs after an individual accepts the label and acts on it. Approaches to deviance as
argued by Lemert (1951) assumed that deviance could be understood as consisting of
behavior that violates social norms. Labeling theory rejected this approach and claimed
SASCV 2013
that deviance is not a way of behaving, but is a name put on something as a label. Labeled
individuals may eventually come to view themselves as criminals and act in accord with
this self-concept. It controls the way they are identified in public. As Becker (1963) argues
that social groups create rules in society whose violation constitutes deviance. These are
rules of sanctions put by dominant others in society on particular groups. Labeling theory
highlights social responses to crime and deviance. It emphasizes upon what happens to
criminals after they are labeled and suggests that crime may be heightened by criminal
sanctions stigmatizing them and leading to other severe consequences. A label can be
applied formally or informally. Formal labeling would come from institutions such as
police, courts, corrections, etc. Informal labeling would come from parents, peers, etc.
Application of a formal label through sanctioning magnifies the effect of labeling (Adler &
Laufer 1993).
The present study was a sincere attempt to bring to the forefront, the views and
experiences of Ramoshi Tribes about being labeled as criminals in society, understand the
origin of the process of construction of labeling, the process of continued labeling over
years and the effects on the community. It investigated how continued labeling has
affected the population in context of reintegration in society, social and economical
impact at individual levels. The researcher adopted a Qualitative Research Process, with
an exploratory research design and case study methodology.
Labeling of Ramoshis
The Labeling theory was used as a conceptual tool for the purpose of the research. As
the theory suggests that the process of tagging, identifying, segregating and describing a
person with a specific behavior instigates the person to perform the same behavior. It
emphasizes upon what happens to criminals after they are labeled. The study connects and
analyzes how the Ramoshis after getting labeled were stigmatized and how labeling lead to
severe consequences. As Labeling theory argues that a label can be applied formally or
informally, the study exhibits that Formal Labeling had occurred from institutions such as
police, courts, corrections, etc. the Ramoshis were informally labelled from peers and
other dominant sections in the society. As Adler and Laufer (1993) argue, the act of being
formally labeled through sanctioning magnified the effects of labeling among the Ramos
his. Ancestral Labeling has a significant role in the continued labeling process of the tribe.
The key themes identified from responses of the participants were Historical background
of the community Force criminalization and occupational patterns, Involvement in crime,
Stigma and discrimination-incidences and experiences, Exclusion from representation in
local self governance, Treatment by local police officials and Impact of Labeling on present
status of the community. The findings of the study strongly exhibit that the process of
labeling continued due to repeated failure in integrating them with the mainstream
society.
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Labelling of denotified tribes
Discussion and Conclusion

The study narrates the experiences of Ramoshis about the origin of process of labeling,
the process of continued labeling and its effect on the tribe. The process of labeling started
with the denotified tribes with the declaration of Criminal Tribes Act 1871 in British
India. The Ramoshis along with other denotified tribal communities were notified and
declared criminals during the colonial period; however in later years as well the tribe
continued being subjected to stigma and discrimination. Culture conflicts based on the
context of caste system, the occupation based nature of it affected the community
significantly failing to reintegrate them in the mainstream. The denotified tribes were
wandering and hunting communities. The Ramoshis were warrior tribes. As situations
changed during the colonial period, the Ramoshis being actively involved in the uprising
against the British were classified as criminals. The tribe suffered in the hands of state,
polity and other dominant sections in society. It is evident from the responses of the
participants of this study that the process of formal as well as informal labeling still
continues. The state, society, polity everyone has a distinct role to play. A lot of collective
factors played a very significant role in criminalization of the Ramoshi tribe. They were
labeled as 'Criminals' in British India, 'Habitual Offenders' in independent India and now
as 'Ex-Criminal' or 'Denotified' in 'shining' India.
References
Bharal, G. P. (1968). Denotified Communities and their Problems of Rehabilitation.
Indian Journal of Social Work, 28(4). 353-362.
Bokil, M. (2002). De-Notified and Nomadic Tribes: A Perspective. Economic and Political
Weekly, 37(2). (Jan. 12-18). pp. 148-154.
Kennedy, M. (1985). The criminal classes in India. Delhi: Mittal publishers.
Mackintosh, A. (1833). An Account of the Origin and present condition of the tribe of Ramoossies.
USA: American Mission Press.
Mehta, B. H. (1955). Ex-Criminal Groups in India. Indian Journal of Social Work, 16(1).
10-18.
Radhakrishna, M. (2006). Criminal Tribes and the Debates on Criminal Law Criminal Tribes
Act, 1871. The Construction of an Indian Criminal, working paper of social sciences.
Simhadri, Y. C. (1978). Differential Association and Denotified Tribes. Indian Journal of
Social Work, 39(2). 161-174.
Simhadri, Y. C. (1973). Ex-Criminal Tribes and Criminological Theories. Indian Journal of
Social Work, 34(2). 107-112.
Simhadri, Y. C. (1991). De-notified Tribes. New Delhi: Classical Publishing Company.
Tannenbaum, F. (1938). Crime and the Community. New York and London: Columbia
University Press.
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65
Victimization of slum dwellers due to displacement and
relocation: A study of Delhi metropolis
Divya Priyadarshini
Introduction
Today, the population of Delhi has risen from 2 million in the year 1947 to over 14
million. According to the Municipal Corporation of Delhi in 2010, 49% of the city’s
population lived in slums and non regularised settlements, and only 5% lived in planned
areas. According to Delhi Urban Shelter Improvement Board, a substantial proportion of
the population of Delhi, around 3 million, live in approximately 600,000 jhujjis.
According to Social and Human sciences website, displacement of people refers to
forced movement of people from their locality or environment and occupational activities.
It has been well documented that the process of relocation and displacement has led to
problems of sustained access to livelihood, education, basic services and health care. In
particular there is not only the violation of right to livelihood but a plethora of rights are
violated, of the children, women and entire community.
Statement of the Problem

Since the 1970s, the poor living in the slums of Delhi have been regularly relocated
and displaced to the periphery of the city by the government. From 1975 to 1977 city
planners forcibly moved out 150,000 squatter families into these resettlement colonies in
the periphery (Jagori, 2005). Through various researches and studies it has been estimated
that since 2004, at least 200,000 people in Delhi have been forcibly evicted and only a scarce
percentage of that population has been rehabilitated and resettled at different locations.
The sites of relocation are in the outskirts of the city and are a large area of barren land
with no hint of habitation prior to the resettlements done in those areas (Fact Finding
Mission 14, 2010).
The relocation schemes and policies have been modified from time to time- the initial
beneficiaries (3560 households) received two-room residences. The scheme was later
modified and partially developed plots of 80 sq. metres were given to squatters, which was
further reduced to 40 sq metres and then to 25 sq. metres. Comparing this to the present
scenario, some squatters relocated to Madanpur Khadar were allotted as little as 12 sq
metres of undeveloped land when the colony was developed in 2002 as revealed in a
study.
Victimization of slum dwellers
Locating the study in the present literature

It has been argued that since the city of Delhi has reached the saturation point in terms
of population and space residing here has become costly. The migrants into the city have
come to occupy the remaining lands of Delhi. The work of the clearance and
improvement of slums is done under The Slum Areas ( Improvement and clearance) Act,1956
which came into force in Delhi in 1957 and the Act was amended in 1965 after which no
amendment took place (Bahri, 1979).
Bhatia and Puri (2010) in their study on the Commonwealth Games have tried to
depict the paradox between the rapid development that took place in Delhi and
simultaneously the uprooting of settlements for such developmental work. In the name of
development itself, thousands of families residing in slum clusters were dislocated and
resettled (at, mostly, not very convenient locations) (Bhatia, 2010).
A study on the Delhi’s one of the biggest resettlement colony Bawana has brought
before us the scenario of displacement and the plight of the people even after 3 years of
resettlements. The evictions and forced relocation to Bawana have shattered people’s lives
and destroyed their livelihood (Bhan, 2008).
Some legal judgements by Indian courts have been path breaking. They have tried to
address the issues of eviction, relocation and displacement and how these phenomena
victimises the community as well individuals. Some judgements are as given below:
In 1985, in its landmark judgement in Olga Tellis versus Bombay Municipal Corporation,
the Supreme Court recognised that the “Right to Livelihood is an important facet to the
Right to Life” and stated that the eviction of the pavement dwellers will lead to derivation
of their livelihood and consequently to the deprivation of life. In K.Chandru versus State of
Tamil Nadu (1985), the Court ruled out that alternative accommodation is to be provided
to slum dwellers before they are evicted.
The present study

The study focuses on the displaced and relocated slums and its dwellers who may have
been victims of displacement. The study tries to investigate the human rights violation
which may take place due to the phenomena of displacement and the causes that might
have led to their displacement. It also tries to observe the slum and the people who have
been displaced in the recent years and relocated in the area far away from the city of Delhi
and how even though they have been rehabilitated there victimisation continues.
Methodology adopted
The study has adopted the Exploratory Research Design. The locale covers the whole
of National Capital Territory of Delhi. As regards the sampling design, Simple Random
Sampling was used.
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Sampling
The sample consisted of both males and females. It consisted of respondents from Lal
Quarters (Community 1), a resettled colony in the year 99-2000, Sector 24, Rohini
(Community 2) again selected randomly displaced during the same time period from
Bawana JJ Cluster (Community 3) resettled in 2004 and from the Rajiv Ratan Awas
Yojana Flats, Bawana (Community 4), resettled in 2010.
Research Tool for Data Collection

A semi structured interview schedule was used as a tool for data collection. The
interview schedule consisted of questions relating to the socio economic factors of the
slum inhabitants and also questions that would help in delineating the human rights
violation that may have taken place due to displacement. Also the internet, various books,
journals, reports and articles related to the topic directly or indirectly were taken help for
the study.

For the purpose of the study, the data collected from the different communities were
analysed separately on similar parameters. This has helped in studying each community
and sees the extent of victimisation the communities must have faced. The parameters to
study victimisation were the change in socio economic profile of the slum dwellers,
notification and displacement, compensation received, livelihood issues, access to basic
services, sense of security etc.
The socio economic profile of the communities’ mostly remained unchanged. All the
above mentioned communities belong to low income group and also scale low on
education grounds. Only 27% of the respondents have received education till higher
secondary for community 1 whereas for community 3 and 4 the percentage is as low as
10% and 20% respectively. As argued by Desai, slums and the conditions prevailing in
slums are deploratory (Desai, 1970) and its culture have revealed that the social life is
unique one and the dwellers live in extended families (Venkaterayappa, 1968) in small
given space and also face uncertainty in income (Noor, 1983).
Though belonging to a marginalised group, the slum dwellers make their own abode
and have a different social organisation (Venkaterayappa, 1968) which they form over a
long time span. Respondents of all the four communities claimed of having been settled in
their prior location for more than 25 years. Almost 60% of the respondents from all the
four communities claimed that no proper information was provided to them regarding
demolition and displacement. Also, force was applied on the dwellers to get them evicted
from the location thus posing a threat to their Right to Life (Article 21, Constitution of
India). In the name of compensation all the four communities have been addressed to
differently. Community 1 received constructed flats of 18 yards in Rohini whereas
Community 2 displaced almost during the same period received land of 22 yards.
Community 3 received lands of 12.5 yards and Community 4 relocated 2 kms away from
298
Victimization of slum dwellers
Community 3 has received constructed flats of 22 yards. The Delhi Government’s policy
for rehabilitation of the evicted slum dwellers is varying and there is no uniformity in this.
As a consequence of displacement, livelihood issues have developed and also there has
been a shift in the access to basic services in the new location as compared to the previous
location. 64% of respondent from Community 1, 38% from Community 2, 76% from
Community 3 and 83% from Community 4 accepted that they either changed their
occupation or left their work completely after displacement and relocation. Their income
has decreased substantially and also there are less of job opportunities in the new location.
Access to basic services like water, sanitation, electricity, education, health care services
constitute the bare necessities for the survival of any community. On account of
displacement and relocation, the above communities which were considered under slum
colonies have gained the status of resettlement colonies as per the policy of the
Government of Delhi. As Banerjee points resettlement colonies, as the name suggests,
comprise of JJ cluster households that have been resettled from their original settlements
(Banerjee, 2005).
The results of a NCAER (2002) survey suggest that resettlement colonies as opposed
to slums have better access to essential amenities. The legal recognition given to
resettlement colonies makes it mandatory for the government to ensure the provision of
basic infrastructure in these settlements. But the findings of the study suggest a different
trend. Though the basic services like water and electricity have been provided to the
communities but no proper measures have been ensured for their continuous supply. All
have to depend on water tankers for supply. Also, there are no proper drainage facilities in
the colonies. Also health care facilities are only of preliminary treatments. For major
ailments the community members have to visit the government hospitals situated 20-25
kms away from the relocation site on an average. Education of children has also been
hampered and the literacy rate in these colonies still remains less. The sense of security is
low among all the communities. The communities live in the fear of being displaced again
in the future depending on the policy and need of the government.
Conclusion
All the societies have been consisting of units which may be good for some and may
not be as good for the other. Through the study the reason behind displacement and the
human rights aspects have been tried to be focussed upon. Displacement process may have
affected the communities at various levels at not only their household level but also at
mental and physical level. The effects of displacement spill over to generations in many
ways, such as loss of traditional means of employment, change of environment, disrupted
community life and relationships, marginalization, a profound psychological trauma and
more. Such consequences lead to the requirement of legislations that address not only the
issue of compensation, but also of resettlement, rehabilitation and participation in
negotiation. The communities must be indulged in policy framing committees and their
consultation is important for understanding the scenario in a better way.
299
SASCV 2013
References
Article 21, Constitution of India.
Bahri, G. D. (1979). Slum Clearance and Improvement Work in Delhi. New Delhi: Indian
Institute for Public Administration. pp. 102-108.
Banejee, M. (2005). Provision for Basic Services in the Slums and Resettlement Colonies of Delhi.
New Delhi: Institute of Social Studies Trust.
Bhan, G. S., & Menon, K. (2008). Swept of the map: Surviving Eviction and Resettlement in
Delhi. New Delhi: Yoda Press.
Desai, A. R., Pillai, S., & et.al. (1970). Slums and Urbanisation. Mumbai: Bombay Popular
Prakashan
Fact Finding Mission-14. (2010). Planned Dispossession: Forced Evictions and the 2010
Commonwealth Games. New Delhi: Housing and Land Rights Network.
High Court ban Slum Relocation, The Times of India, 8th January (2003)
JAGORI. (2011). Women’s Right and access to Water and Sanitation. Retrieved on 25th
December, 2011, from www.jagori.org/wp-
content/uploads/2010/02/DRC_ExecSummary.pdf
Mohammad, N. (1983). Slum Culture and Deviant Behavior. Delhi: Idarah-i Adabiyat.
NCAER. (2002). The burden of ill-health among the urban poor: The case of slums and
resettlement colonies in Chennai and Delhi. Delhi: National Council of Applied Economic
Research.
Social and Human Sciences. (2012). Displaced Persons/Displacement (n.d.). Retrieved on
12th November, 2012, from
www.unesco.org/new/en/socialandhumansciences/themes/international-
migration/glossary/displacedperson-displacement
The Slum (Clearance and Improvement) Act. (1965). Slum Clearance and Improvement.
New Delhi: Universal Publication.
Venkatarayappa, K. N. (1972). Slums: A study in Urban Problems. New Delhi: Sterling
Publication.
Viswash. (2011). Draft National Slum Policy. Retrieved on 25th December, 2011, from
www.viswash.org/us.files/Policy_policy-slums2001.pdf
300
66
Policing domestic violence in South Africa
Doraval Govender
Introduction
In South Africa domestic violence is prevalent because of its deep seated patriarchal
system. In patriarchal households domestic violence is committed predominantly by men
against women and children (Tyska & Fennely, 1999; Manamela, Smit & Ngantweni,
2010; Chibba, 2012). There are many causes and contributing factors for domestic
violence (Kloppers, Fourie, Roets & Van-Deemt, 2002; Manamela, Smit & Ngantweni,
2010).The victims are subjected to various forms of abuse by their partners, which include
physical, economic, emotional and sexual abuse (Shepard, 1991; Masimanyane, 2012).
Domestic violence is not always effectively and efficiently addressed by the police
(Independent Police Investigative Directorate: Domestic Violence Report, 2010). This
study makes recommendations on innovations for policing domestic violence.
Background
In responding to the high rate of reported incidents of domestic violence, South Africa
has introduced the Domestic Violence Act 116 of 1998. Section 18 of the Domestic
Violence Act 116 of 1998 makes it a violation if a member of the Police Service fails to
comply with the Act (Independent Police Investigative Directorate, Domestic Violence
Report, 2010).
Domestic violence crimes in South Africa are registered by the police as Murder,
Malicious damage to property, Robbery, Rape, Assault and other forms of crimes and not
placed into their own category. Specific incident reports (SAP508a) and a domestic
violence register (SAP508b) is kept by each police station to maintain statistics (Domestic
Violence Act implementation, Department of policing briefing, 2011).
Methodological orientation
A qualitative case study design was used to evaluate the policing of domestic violence
in South Africa. The North West Province was demarcated for this study based on the
nature and extent of domestic violence in this Province. Literature study, interviews,
documentary study and the experience of the author as a former Assistant Commissioner
in the South African Police Service was used in this study.
Random sampling (lottery technique) was used to select two hundred victims of
domestic violence. The two hundred victims were sampled from 36 police station areas
(rural and urban areas) to conduct semi-structured interviews. Documentary study was
carried out with two hundred domestic violence cases (dockets) reported by these victims.
SASCV 2013
An interview guide was formulated to guide the semi-structured interviews, literature

study and the documentary study. The respondents and the case dockets were chosen
from the incident report register (SAP508b) using the lottery technique. The Data
Analysis Spiral was used to analyse the collected data to make findings and
recommendations (Leedy & Omrod, 2001). Since only victims of domestic violence were
sampled for interviews, the findings may be generalised to similar victims.
Main findings
Causes and contributing factors of domestic violence
Twenty eight percent (28%) of the respondents indicated the causes of domestic
violence to be related to patriarchy. Twenty five percent (25%) of the respondents
indicated alcohol and substance abuse as a contributing factor to domestic violence. Fifteen
percent (15%) of the respondents had provoked abuse through nagging or making
unreasonable demands to their partners. Fourteen percent (14%) of the respondents
indicated unemployment as a contributing factor to domestic violence. Twelve percent
(12 %) of the respondents indicated poverty as a contributing factor to domestic violence.
Four percent (4%) of the respondents indicated culture as a contributing factor to domestic
violence. Two percent (2%) of the respondents indicated religion as a contributing factor
to domestic violence (licence to beat wife and claim religious right or duty to do so).
Types of abuse experienced by domestic violence victims

¾ Physical abuse: Sixty five percent (65%) of the respondents experienced physical
abuse which included hitting with fists, kicking and slapping.
¾ Economic abuse: Twenty three percent (23%) of the respondents indicated that
money caused strained relationships between partners. In most cases wives were
made to work and hand their earnings over to their partners.
¾ Emotional abuse: Ten percent (10%) of the respondents indicated that they suffered
emotional abuse which included being lied to, being cheated and having affairs
with girlfriends.
¾ Sexual abuse: Two percent (2%) of the respondents suffered sexual abuse by being
raped, sexually assaulted or forced to commit indecent acts.
Handling victims of domestic violence by the police (multiple responses)

Eighty three percent (83%) of the respondents are not satisfied with the way in which
the police enforce the Domestic Violence Act. Seventy five percent (75%) of the
respondents feel that victims of domestic violence are not all treated in a consistent
manner. Sixty seven percent (67%) of the respondents have experienced bad attitude by
the police. Fifty four percent (54%) of the respondents believed that the police do not
effectively implement the Domestic Violence Act in their areas. Fifty two percent (52%)
of the respondents consider female police officials to be just as bad as their male
counterparts.
302
Policing domestic violence in South Africa
Recommendations
• Putting Domestic Violence into context: In order to provide a more responsive and
effective approach to domestic violence, it is essential that all police officers
involved in the mediation, facilitation and the investigation of domestic violence
have a clear understanding of the impact and consequences of the failure to respond
appropriately (Richards, Letchford & Stratton, 2008).
• Changing the policing of domestic violence: Research in the USA by Daniel J. Bell
argued that police response based on the use of arrest was the most appropriate in
cases of domestic violence (Sheptycki, 1993).
• Domestic violence units: Domestic Violence units established in London proved very
successful. These units provided consistent service to victims of domestic violence.
There was an increased involvement of police officials and other social services
(Sheptycki, 1993).
• Content analysis of case dockets regarding Domestic Violence: Content analysis of cases
(dockets) regarding domestic violence will tell the reader about the nature and
extent of domestic violence. It will also provide the reader with the trends and
frequencies of domestic violence in a specific policing area (Sheptycki, 1993).
• Re-situating the discourse: This innovation looks at the production of knowledge
about the policing of domestic violence and the part it plays in the efforts to reform
the policing of interpersonal violence (Sheptycki, 1993).
• An intelligence led approach: In the United Kingdom the National Intelligence Model
(NIM) is being promoted as a tool for improving the collection and use of
intelligence in domestic violence cases. Analysis is crucial for intelligence led
policing of domestic violence (Richards et al., 2008).
• Effective investigation: In theory, domestic violence should be one of the easiest
crimes to investigate as both the victim and the offender are known to each other
and the scene of the crime is easily identifiable. This is not the case in practice
(Richards et al., 2008).
• Risk Management: Risk management in domestic violence cases should include a
multi agency approach which is based on appropriate information-sharing and the
development and implementation of interventions and action plans to manage the
risks (Richards et al., 2008).
• Information sharing: To hold offenders accountable, identify and manage risks,
protect victims and their families, the police will have to gather and share
information within the service, with other agencies and the general public
(Richards et al., 2008).
Conclusion
Police response to allegations of domestic violence is said to be insensitive, ineffective
and unprofessional. Complaints against the police on their failure to act according to the
303
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Domestic Violence Act are on the increase. This may have resulted in the under reporting
of incidents of domestic violence.
References
Chibba, S. (2012). Police part of domestic violence problem. Masimanyane. Retrieved on 2012-
09-11 from http://www.masimanyane.org.za/content/police-domestic-violence-
problem
Independent Police Investigative Directorate. (2010). Domestic Violence Report.
Retrieved on 2012/09/11 from
http://www.pmg.org.za/report/20120620/independent-police-investigative-
directorate.
Klopper, H. C., Fourie, A. E., Roets, S. J. J., & Van-Deemter, E. (2002). Domestic
Violence: study guide. Ubuntu: Pretoria.
Leedy, P. D. & Omrod, J. E. (ed.). (2001). Practical research: Planning and research. 7thedition.
Upper Saddle River. N.J.: Prentice Hall.
Manamela, M., Smit, J. & Ngantweni, G. (2010). Policing domestic violence effectively at
Rietgat police station: An assessment. Acta Criminolgica, 2. 99-113.
PMG. (2011). Domestic Violence Act Implementation. Department of policing Briefing.
Retrieved on 2012-09-11 from http://www.pmg.org.za/report/2011/11/23-
department-police-implementation-domestic.
Richards, L., Letchford, S. & Stratton, S. (2008). Policing domestic violence. Oxford:
University press.
Sheptycki, J. W. E. (1993).Innovations in policing domestic violence. Brookfield: Athenaeum
Tyska, L. A., & Fennely, L. J. (1999). Investigations.150 things you should know. USA:
Butterworth-Heinemann.
304
67
Victimization of parolees and its effects on prisoner wellbeing
S. T. Janetius & T. C. Mini
Introduction
The International Centre for Prison Studies estimates that more than 10.1 million
people are held in penal institutions throughout the world and in India, the NCRB
estimates 3,84,753 prisoners which accounts for 32 per 100,000 (Walmsley, 2011). Life
inside the prison is stressful and a lot of psychological problems are observed among
prisoners (Tosh, 1982). The regular episode of suicides inside the prison substantiates the
fact that prison life is very traumatic and stressful (Bartol & Bartol, 1994). A temporary
relief from this stressful situation for many long-term prisoners is parole, which permits
them to meet the family, dear and near ones.
Parole is a legal sanction that allows a long-term prisoner to leave the penal complex
for a short period of days, on the condition that they report daily in the nearby police
station during the discharged period and return back to the confinement at the end of the
period. The practice of releasing prisoners on parole has Anglo-French origins (Jayakumar,
2011) and the rules and regulations vary from country to country. In India the
interpretations of prison rules regarding parole, leave and suspension of sentence are often
unclear and disputed in the courts (Basha, 2011; Sangameswaran, 2011). As per the
current practice in Tamil Nadu prisons, a convicted lifetime prisoner, after certain years of
imprisonment can enjoy a leave of 15 days in a year at four spells (three spells of three days
each and one six day spell) in specific emergency situations. However, the parole granted
to prisoners in India is misused by many as a convenient time to get out of prison for a
limited period, or escape route for absconding (Thakur, 2009).
Although the parole seems to be a relief and relaxing to the prisoners, this period could
be a time of trauma and pain as they are victimized on various counts. This study explores
the perception of prisoners before they leave for parole and the actual experience of
victimization from various sources and forms and, the consequences of victimization in the
wellbeing and future life orientation of prisoners.
Methodology
This qualitative study used a mixture of survey and focus group discussion methods to
collect data from 48 male prisoners aged 38 to 62 who were in parole more than one
time. Seven focus group discussions in the months of August-September 2012 (each group
consists of six to eight prisoners) which had self directed discussions. A theoretical editing
analysis protocol was used to analyze the data (Strauss & Corbin, 1990). From the data,
meaningful segments and patterns were derived. The themes and categories were re-
examined jointly by the authors and results were categorized.
SASCV 2013

The study results show that 80 % of parolee’s perception and actual experience varied
to a greater extent especially in their first visit. The prime perception of parolee before
they leave is one of fear to face the people outside. But surprisingly the major problem
they faced was going through the process of getting permission. The process has become
harder and under the mental agony, the prisoners regret for applying parole. This rigid
procedure is followed because of the widespread misuse of parole and absconding of
parolees.
As against the perception of consolation from relatives, sympathy from family members
and support from friends, what they have experienced is aversion, avoidance and neglect.
Majority of the prisoners underwent an unceremonious welcome ritual at home in which
they were not allowed to enter the house because of impurity; they were asked to take a
shower outside the house, and allowed to enter wearing a new dress. This unceremonious
welcome was humiliating. Only a very few families accept them and the relatives ignore
them. In some cases they are abused by their own family members and their wealth is
swindled and, wife and children neglected. None of the parolees faced any threatening
situations from the victims of their crime, although the parolees feared in the first few
outings.
Mr. K. lamented about his experience with close friends in the following way: “I was
on a three day leave and on the first day afternoon I went to the local temple grounds where I used to
play cards under a big neem tree with my friends. I saw from afar, my old buddies smoking and
chatting. I often daydreamed this scenario while in the prison and expected my friends to be
compassionate and give some moral support to ventilate my emotional stress. I approached them with
a big smile and I was dumbfounded to see them running literally hither and thither as if I went on a
killing spree”.
Mr. R. who was a party leader before his imprisonment narrated the ordeal in the
street by the village people. “I was on my sixth visit to my home and on the second day went to
a nearby meat shop. While walking on the street I saw two men on motorcycle, having a verbal fight
over who had to give way to the other. A small group of bystanders gathered there as spectators. As I
saw the verbal abuse between the two and no one took any initiative to put an end to the fight, went
to the hostile people to stop their street fight. One of the fighting men recognized me, abused loudly
saying that he did not need any advice from a convicted criminal. At once the fight came to an end
and the crowd gathered dispersed instantly, while a few more people went on cursing me loudly’.
Few prisoners narrated that on seeing them in the street ladies would run away
abruptly halting the chores. As against their perception, the police officers in the police
station where they have to give attendance everyday were extremely polite and treated
them kindly.
The victimization has made them avoidant in their interpersonal outlook and a sense of
guilt is created in their personality. Some of them feel that they have become mature in
their thinking and have adapted a new worldview and philosophy of life.
306
Victimization of Parolees
Table 1 - Showing the perception, real experience of victimizations of parolees

and prisoner wellbeing
Sources of Forms of Future life

Perception Actual victimization victimization orientation
before parole experience and wellbeing
Prison officials Prison officials Prison Verbal Avoid native

will be friendly in inhumane officials Psychological place during
facilitating the attitude parole
parole towards parole
Avoid public
appearance
Guilt & Shame
Aggressive and
indifferent
Avoid public
disputes,
opinion sharing
in common
Depressed and
think of not to
take parole
New attitude
and worldview
towards
friendship, life
More mature
in thinking
Fear of police in
the local police
station where Policemen are
they will report friendly
daily
307
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Consider them Emotional

Acceptance and untouchable Family Psychological
sympathy from and impure members Ritualistic
family members Financial
Some family
members
sympathize
Relatives will be Show aversion Relatives Emotional

considerate Isolate Psychological
Friends and Avoid them or

Associates will talk for name Friends Emotional
help to relax and sake Psychological
reduce the mental No relaxation
agony and trauma but only pain
of non-
attending
Neighbours will Ignore, gossip Neighbours Verbal

be friendly and condemn, and village Psychological
labeling, people
minimizing Psychological
Ladies
Fear of enemies None
Conclusion and Recommendations

The study results bring out the various victimizations that the parolees face. The
prisoners who expect some relief while in parole become victims wherever they go;
whether they are friends, family members or neighbours. It is recommended that the
findings of this study could be used by NGOs and other concerned bodies to create
awareness in the midst of public on the consequences of victimizing humans on the basis
of past crimes. Further, a variety of preparations and orientation services to the
incarcerated individuals could be planned before release, thereby reducing the impact of
stereotyped victimizations.
308
Victimization of Parolees
References
Bartol, C. R., & Bartol, A. M. (1994). Psychology and Law: Research and Application (2nd
Ed.). Pacific Grove, CA: Brooks/Cole.
Basha, (2011). TN Government can grant prisoners only leave, not parole: Court, Times of
India, Sep 16, 2011.
Jayakumar, K. (2011). No parole power. Retrieved on 4th September, 2011 from
http://www.mylaw.net/Article/No_parole_power.
Sangameswaran, K. T. (2011). No grant of parole until rules framed by State, The Hindu,
September 16, 2011.
Strauss, A., & Corbin, J. (1990). Basics of qualitative research: Grounded theory, procedures and
techniques. Newbury Park, CA: Sage Publications
Thakur, P. (2009). 60% convicts don't return after parole. Times of India. Issued on
November 13, 2009.
Tosh, J. (1982). The pains of imprisonment. California: Sage Publications
Walmsley, R. (2011). World Prison Population List. 9th edition. Retrieved on 12 September
2011, from www.prisonstudies.org
309
68
Revisiting the constitutionality of the crime of adultery
Joel Jose
Introduction
An offence of adultery under Section 497 of the Indian Penal Code (IPC) is
committed by a male when he has consensual sexual intercourse with a woman whom he
knows to be married but without the consent or connivance of her husband.239 The
Criminal Procedure Code postulates that the husband of the woman is the only person
who is deemed to be the person aggrieved by an offence of adultery.240 However, a
husband can only prosecute his wife’s paramour and cannot prosecute his wife as principal
or abettor.241 It may be noted that a wife cannot prosecute her husband’s paramour242 and
consequently a husband continues to enjoy unrestrained sexual freedom despite the
marriage.243 This article argues that this constitutes an unconstitutional distinction between
the two individuals bound in matrimony based only on their sex as the wife has every
right to be aggrieved by an offence of adultery as much as her husband.
Wives and Adultery: A raw deal

The constitutionality of Section 497 has been upheld by the Supreme Court in the
past244 but the prevailing socio-economic realities warrant that the issue be considered
afresh. The issue came up recently before the Hon’ble Supreme Court in the case of W.
Kalyani, wherein it was acknowledged that the provision is currently under criticism from
certain quarters for showing a strong gender bias for it makes the position of a married
woman almost as a property of her husband.245 The Committee on Reforms of the
Criminal Justice System chaired by Justice Malimath recommended that Section 497 I.P.C
should be suitably amended to the effect that “whosoever has sexual intercourse with the
spouse of any other person is guilty of adultery…”246 The Ministry of Home affairs has also
made a detailed presentation on decriminalizing adultery before the Members of
239
S.497,IPC(Act.45 of 1860)
240
S.198(2),Cr.P.C.(Act.2 of 1973)
241
V.Revathi v.Union of India, 1988Cr.LJ921; AIR1988SC835; Ratanlal & Dhirajlal, The Indian Penal Code,
p.2305 (29thEd.)
242
W.Kalyani v. State tr. Inspector of Police and Anr.(2012)1 SCC358
243
Ratanlal & Dhirajlal, The Indian Penal Code, p.2305 (29thEd.)
244
Infra,Heading-4
245
W.Kalyani v. State tr.Inspector of Police &Ors.(2012)1SCC358,para.10
246
Committee on Reforms of the Criminal Justice System (Malimath Committee Report), (dated March, 2003)
submitted to the Ministry of Home Affairs. Available at
http://indialawyers.files.wordpress.com/2009/12/criminal_justice_system.pdf(last visited on 13.06.2012)
Parliament.247 The National Commission for Women also recommended a suitable

amendment so as to enable the wife to file a complaint against her husband’s paramour248.
A substantial amount of the debate around the constitutionality of Section 497 has
revolved around the dubious argument that since the wife cannot be prosecuted along
with her paramour as an abettor because of an exemption in Section 497, it is an ‘unequal
and unconstitutional’ favour to women.249 The argument is a non-starter in as much as
neither the wife nor the husband can be prosecuted by each other as an abettor and
accordingly, both the parties to the matrimonial tie are treated at par.250 Although this
exemption clause does not cause damage to the basic idea of the wife being the property
of the husband, but if the same were to be removed it would merely restate the idea and
add a new dimension to it by making not only the trespasser but the property also liable to
punishment.251
Adultery-An antiquated crime

Although the current situation of women in our country leaves a lot to be desired, it
has come a long way from the dark days of British occupation.252 Lord Macaulay noted the
pathetic condition of women in 1837 and accordingly refused ‘to make laws for punishing
the inconstancy of the wife while the law admits the privilege of the husband to fill his
zenana with women’253. However, the Law commissioners, in their second report on the
draft Penal Code, included the offence of adultery in the Code but exempted a wife from
adultery while relying on Macaulay’s remarks with regard to disadvantaged women.254 The
raison d’être behind the offence of adultery in its present form has been criticized by
various persons from time to time and having been already noted hereinabove are not
being repeated255.
In addition to the above, it may be that with the recent decriminalization of
homosexual relations256, a bisexual/homosexual wife can now freely enter into extramarital
247
‘Adultery as social offence has MPs' full attention’, The Times of
India(05.05.2007)(http://articles.timesofindia.indiatimes.com/2007-05-05/india/27871718_1_ drunken-brawl-
adultery-criminal-offences)
248
‘NCW rejects proposal to punish women for adultery’, The
Hindu(26.12.2006)(http://www.hindu.com/2006/12/26/stories/2006122603270900.htm)
249
Yusuf Abdul Aziz v.The State of Bombay and Husseinbhoy Laljee,AIR1954SC321;See also K.D.Gaur, Indian
Penal Code, p.801(4thEd.); Satya Prakash, ‘For better or worse’, Hindustan Times, (10.12.2011)
(http://www.hindustantimes.com/News-Feed/India/For-better-or-for-worse/Article1-780653.aspx,last visited on
13.06.2012); For Adultery in Jammu and Kashmir the wife in punishable along with her paramour for abetment
(S.497,J&K Ranbir Penal Code, 1932).
250
Sowmithri Vishnu v.Union of India,1985Cr.LJ(1302)(SC);V.Revathi v.Union of India,AIR1988SC835
251
Annexure to Chapter-20,42nd Report of the Law Commission of
India,June,1971,para.20.18(http://lawcommissionofindia.nic.in/1-50/Report42.pdf)(last visited:13.06.2012)
252
Statistics on Women in India-2010,published by National Institute of Public Cooperation and Child
Development(http://nipccd.nic.in/reports/ehndbk10.pdf)(last visited:13.06.2012)
253
Macaulay’s Draft Penal Code(1837)Notes,Note-Q,pgs.90-93
254 nd
2 Report of the draft Indian Penal Code(1847),pgs.134-135
255
Supra,Heading-2
256
Naz Foundation v. Government of NCT and Ors,2010Cri.L.J94
311
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sexual relations with other women.257 It can be taken as a given that any reasonable person
would hold that if heterosexual relations outside the marriage are reprehensible then
homosexual relations outside a heterosexual marriage are equally reprehensible, if not
more.
Revisiting the Constitutionality of S.497

Article 14 of the constitution mandates that equals should not be treated unlike and
unlikes should not be treated alike258. Accordingly, to apply the principle of equality in a
practical manner, the courts have evolved the principle that if the law in question is based
on a rational classification it is not regarded as discriminatory.259 Section 497 makes an
artificial and unconstitutional distinction/classification between the two individuals bound
in matrimony. While the husband can prosecute his wife’s paramour, a wife cannot
prosecute her husband’s paramour. If seen from the point of view of the wife’s male
paramour (accused) and the recent decriminalization of homosexuality260, we can observe
yet another artificial and unreasonable classification being made on the ground of sex in as
much as a paramour/accused is liable to prosecution only if he is male and not when the
paramour is female.
Yusuf Abdul v. State of Bombay

The judgment rendered by the Hon’ble Supreme court in the year 1954261 upholds the
constitutionality of Section 497. The judgment examines the constitutionality of Section
497 based on a limited and feeble challenge of the accused on the ground that the wife
being protected from punishment as an abettor vides Section 497 itself makes the section
ultra vires of Article 14 of the constitution.262 It has already been clarified hereinabove that
not punishing the delinquent wife for abetment has not been agitated as a ground to
challenge the constitutionality of Section 497 in this article.263 The grounds that have been
agitated as a challenge to the constitutionality to Section 497 in this article have not been
taken up before the Hon’ble Supreme Court in this case and the question needs to be
considered afresh.
257
‘Decision on S.377 could affect other sexual offences in IPC:SC’, Times of India,(23.02.2012)
(http://timesofindia.indiatimes.com/india/Decision-on-Sec-377-could-affect-other-sexual-offences-in-IPC-
SC/articleshow/11998419.cms)(last visited:13.06.2012)
258
Gauri Shankar v.Union of India,AIR1995SC55
259
Ashutosh Gupta v.State of Rajasthan,(2002)4SCC34;M.P.Jain,Indian Constitutional Law,Pg.857(5thEd.);Western
U.P.Electric Power Supply Co.Ltd.v.State of U.P.,AIR1970SC21;R.K.Garg v.Union of India, AIR1981SC2138;
Laxmi Khandsari v.State of U.P., AIR1981SC873; Swaroop Vegetables Products Industries v.State of
U.P.,AIR1984SC20; Jagdish Pandey v. Chancellor, Bihar University, AIR1968SC353;State of
J&K.v.T.N.Khosa,AIR1974SC1
260
Ram Prakash v.State of Haryana,AIR1986SC859;Deepak Sibal v.Punjab University,AIR1989SC903
261
AIR1954SC321
262
MANU/SC/0124/1954,para.3,4
263
Supra,Heading-2
312
Sowmithri Vishnu v. Union of India264

The case delves upon the constitutionality of Section 497 to a large extent and
ultimately comes to the conclusion that the section is constitutional. However, the
observations are merely obiter dicta and they have no legal binding value as ratio decidendi.
While rejecting the right of an aggrieved wife to prosecute her husband’s paramour, the
Hon’ble Supreme Court suo moto invented a rationale behind Section 497 while
declaring that ‘it is commonly accepted that it is the man who is the seducer and not the
woman’. This was not even a consideration while Macaulay or the Law Commissioners
enacted the offence in its present form. The judgment could even be turned on its head if
it had been held that ‘it is the woman who is the seducer and not the man’! It may be said
that the views expressed by the Hon’ble Court find resonance with the egocentric nature
of a patriarchal society that celebrates the charms of the male and considers women as
inane enough to be appropriated by them at will.
Conclusion
Contrary to popular belief, the antiquated crime of adultery under Section 497 of the
Indian Penal Code is positively skewed against women. While the husband can prosecute
his wife’s paramour, a wife is not allowed to prosecute one of her husband. The offence
has also become otiose in view of the recent decriminalization of homosexual relations
which implies that a wife’s homosexual extramarital escapades are legal but the
heterosexual ones remain illegal. Time is now ripe to either set the record straight
between the sexes or scrap the archaic crime of adultery all together.
264
MANU/SC/0199/1985;AIR1985SC1618
313
69
Criminal situations in Bangkok and the social control theories
Jomdet Trimek
There are continuous changes in every society to meet people’s need such as need for
cultural improvement, need for natural resources, need for development of knowledge
and technology. Rapid, slow, organized, or disorganized changes depend on several
factors such as education of people in the society, culture of people in the society, changes
of natural resources, or discovery of new inventions which will accelerate or decelerate
social changes.
The social changes are always mentioned in two aspects: social progress and social
deterioration. According to Evolutionary Theorists, social changes are systematic changes
with more development. The simple society is changed as more complicated one with
continuous progress leading to the perfect society. According to Conflict Theorists, social
changes cause negative impact. And social behaviors can be understood through conflicts
among various groups and various people caused by competition to own rare and valuable
resources. Various conflicts of social groups will lead to social deterioration.
Positive or negative social changes impact on people’s way of life such as changes in
food, dressing, relationship of people in the society, building dwellings. The social
changes cause positive and negative impacts. As for positive impact, discovery of new
inventions such as road, electricity, planes, computer brings about better changes and
development. In the meantime, social changes are able to negatively impact on the
society. For example, rapid progress on technology and industry causes difference
between urban society and rural society and a lot of social problems such as social
inequality, poverty, unemployment, and crime.
Bangkok, a capital of Thailand, is a city in the world which is able to clearly indicate
rapid change from rural society to urban society. People in various provinces have
continuously migrated to work in Bangkok for several years, causing changes in the
society of people in Bangkok. A lot of problems occur such as crowded community,
cultural conflict, mistrust, and fear of crimes. The problem which specifically interested
the researcher is the problem of street crime which means individual-to-individual
criminal offence in the society such as robbery, rape, physical abuse, or murder.
According to the Royal Thai Police, there are five criminal categories as follows;
1. Serious crime
2. Physical and sexual assault cases
3. Property crime cases
4. Interesting cases
Criminal situations in Bangkok and the social control theories
5. The cases with the government as a victim
Criminal statistics are collected in various regions as follows;

• As for the north, there are 9 provinces.
• As for the northeast, there are 20 provinces.
• As for the east, there are 7 provinces.
• As for the west, there are 5 provinces.
• As for the south, there are 14 provinces.
• As for the central region, there are 21 provinces and a special administrative zone
which is Bangkok Metropolis.
According to The Royal Thai Police’s statistics of criminal cases in Bangkok
compared with other regions during 2009, there were 18,214 reports on property crime
in Bangkok exceeding other regions 2-3 folds. In the meantime, there were only 5,000
reports on property crime per region. According to the study of number of three-year
criminal cases in Bangkok compared with number of criminal cases throughout the
country (2008-2010), the researcher found that there were sexual and physical offences in
Bangkok by 1/6 of number of crimes throughout the country. And there were offences
on property in Bangkok by 1/3 of number of offences on property occurring in Thailand.
Those problems are caused by several factors as follows; as there is high competition in
Bangkok which is a capital of the country, people have considerable conflicts. A lot of
people living in Bangkok have different occupations, cultures, and traditions and come
from different places so each social group is not able to easily unite when compared with
other regions.
Due to importance of abovementioned problems, the researcher did documentary
research by comparing the Thai Royal Police’s statistics of criminal cases occurring
throughout Thailand during 2008-2010 with statistics of criminal case in Bangkok. After
that, the research explained the mentioned criminal situations applying Criminological
Theories of Social Control Theories.
According to Social Control theorists, people do not commit offence due to
mechanism consisting of various social institutes such as family, school, religion which
prevents people from committing offences. Therefore, Social Control Theories study
criminal problem-solving guidelines focusing on social relationship capable to prevent
people from committing criminal offences rather than factors or influence of government
mechanism. These Social Control Theorists do not explain perspective of law
enforcement or justice process but consider awareness of public benefits which is an
important element bringing peace to the society.
According to analysis results, the problems are caused by the followings; as Bangkok is
a big city, people do not have mutual relationship and there is high unemployment.
People in Bangkok do not have any social regulations to make them be good people and
prevent them from committing any criminal offences. As Bangkok rapidly becomes an
urban society, people living in Bangkok have less belief and less good traditions,
weakening social norm and making these people tend to increasingly violate social
315
SASCV 2013
regulations and commit criminal offences. As for the family problem of people in
Bangkok where parents have to work outside to have enough incomes, children are less
controlled by their family so they tend to increasingly commit offences in the future.
As for problem-solving guidelines, the researcher had proposed Community Relations
Approach linking with Social Control Theories. The Community Relations Approach
aims to solve criminal problems by creating interpersonal relationship to enable
community members to know each other and mutually help keep a close watch on
crimes. Moreover, community members are encouraged to participate in preventing
themselves from facing crimes on their body and property. However, police’s roles related
to criminal problems are not ignored. It was suggested that local police should adjust
their roles according to Community Relations Approach. Police have to plan, support,
and give advice on criminal prevention to the community. Police under this approach are
not the main responsible for criminal prevention.
Use of Social Control Theories to explain criminal situations in Bangkok including
criminal problem-solving guidelines indicates that problem situations and problem-solving
guidelines completely link with Control Theories. Social Control Theories can
completely explain causes of criminal problems in Bangkok and can be applied for solving
criminal problems in Bangkok. All problem-solving guidelines proposed by the researcher
aim to solve criminal problems, especially Street Crime in Bangkok and enable people
with authority or people concerned to determine policy to solve the mentioned
problems.
316
70
Arguments for decriminalizing the attempt to suicide in India
Kshitiz Karjee
Introduction
“Death is our friend, the trust of friends. He delivers us from agony. I do not want to
die of a creeping paralysis of my faculties – a defeated man”265. Since the word ‘suicide’ has
not been defined in the Indian Penal Code, 1860 (“IPC”), there is a need to look at the
dictionary meaning of the word. The 7th edition of the Oxford Advanced Learner’s
Dictionary defines suicide at page 1480 as “the act of killing yourself deliberately”.
While dealing with the definition and scope of suicide, the Supreme Court in M.
Mohan v. State266 stated that though the word ‘suicide’ in itself is nowhere defined in IPC,
its meaning and import is well known. “Sui” means “self” and “cide” means “killing”,
thus implying an act of self-killing. In short, a person committing suicide must commit it
by himself, irrespective of the means employed by him in achieving his object of killing
himself.
In India, IPC not only criminalizes the abetment to commit suicide267, but also makes
the attempt to commit suicide an offence under Section 309 which reads as follows:
“Attempt to commit suicide. – Whoever attempts to commit suicide and
does any act towards the commission of such offence, shall be punished
with simple imprisonment for a term which may extend to one year or
with fine, or with both.”
Growth in Suicide Rate over the Years

As per the latest report268 of the National Crime Records Bureau (“NCRB”), during
the year 2011 almost 16 suicides took place every hour in the country i.e. 1, 35,585 lives
were lost due to suicides. This translates to 369 suicides per day in 2011. The table below
records the total number of suicides since the year 2001. It can be clearly seen that the
number has gone up with each passing year. Though it may be argued that the population
is also increasing day by day, even then the growth rate of suicide is almost at par with the
population growth rate.
265
Hansaria, J. quoting Gandhiji in P. Rathinam v. Union of India, 1994 Cri.L.J 1605 (SC) at 1608.
266
2011 (3) SCC 626.
267
Section 306, IPC.
268
“Accidental Deaths and Suicides in India-2011” published in June 2012, available at http://ncrb.gov.in/CD-
ADSI2011/ADSI-2011%20REPORT.pdf
SASCV 2013
Year Total number of

suicides
2011 1,35,585
2010 1,34,599
2009 1,27,151
2008 1,25,017
2007 1,22,637
2006 1,18,112
2005 1,13,914
2004 1,13,697
2003 1,10,851
2002 1,10,417
2001 1,08,506
Judicial Response to Section 309, IPC

In P. Rathinam v. Union of India269, a Division Bench of the Supreme Court held that
Section 309, IPC violated Article 21270 of the Constitution of India, and hence declared it
to be void. However, a Constitutional Bench of five judges of the Supreme Court in Gian
Kaur v. State of Punjab271 overruled the law laid down in P. Rathinam272 and held that the
right to life guaranteed as a fundamental right under Article 21 of the Constitution does
not entail within itself a right to die. Further, it was held that the right to life was a natural
right but suicide was an unnatural termination hence inconsistent with the right to life.
However, at this point, it is highly pertinent to mention that in Gian Kaur273, the
Supreme Court did not go into the question as to whether or not Section 309 deserves a
place in the IPC; it merely decided on the constitutional validity of the section.
Recommendations of the Law Commission of India

In its 42nd Report on the Indian Penal Code in June 1971, the Law Commission of
India (“LCI”) recommended for the repealing of Section 309, IPC by terming the
punishment for attempt to commit suicide as monstrous and degradation of human life.
Pursuant to this recommendation, the Indian Penal Code (Amendment) Bill, 1972 was
introduced in the Rajya Sabha on December 11, 1972, Clause 126 whereof provided for
the omission of Section 309, IPC. However, even though the Rajya Sabha passed the Bill,
the Bill could not get through Lok Sabha as the same was dissolved in 1979.
269
1994 Cri.L.J 1605 (SC).
270
Article 21 of the Constitution of India reads as follows: “21. Protection of life and personal liberty.– No person
shall be deprived of his life or personal liberty except according to procedure established by law.”
271
AIR 1996 SC 946.
272
Supra note 5.
273
Supra note 7.
318
Arguments for decriminalizing the attempt to suicide in India s
Shockingly, retracting from its earlier recommendation in the 42nd Report, the LCI in
its 156th Report submitted in August 1997 recommended for continuing with Section
309, IPC as an offence, in line with the judgment of the Supreme Court in Gian Kaur274.
However, in a comprehensive report focused solely on the attempt to commit suicide,
the 18th LCI in its 210th Report submitted in October 2008, titled “Humanization and
Decriminalization of Attempt to Suicide” has very strongly recommended for
decriminalizing the attempt to commit suicide and thereby omit Section 309 from the
IPC.
Conclusion
To treat attempt to suicide as an offence is both irrational and insensate since it acts as
an added punishment on a person who has already suffered pain and anguish in his failure
to successfully commit suicide. It is only certain amount of suffering that forces a person to
attempt to commit suicide; no person who is in perfect state of mind would consider
committing suicide.
Section 309, IPC also acts as a stumbling block in the prevention of suicides and
improving the access of medical care to those who have unsuccessfully attempted to
commit suicide. The law needs to take into account the mental trauma which forces a
person to attempt a bid at suicide and thus seek to rectify such mental trauma rather than
inflict more traumas by punishing a person who is already suffering so much so that he had
decided to even take the most extreme step of killing himself.
The law should be amended to decriminalize the attempt to commit suicide. At the
same time, specialized counseling and rehabilitation centres need to be made operational
to help curb the suicidal tendencies among people.
274
Id.
319
71
Death, Disappearance and Deprivation:
A Human Rights Perspective
M. K. Sharafudheen
Introduction
This paper is going to facilitate various circumstances of death, disappearance and
deprivation which have become burning national issues especially in tribal areas and
districts with minority concentration or provinces where sub national aspirations are
strong.
Framed, Damned, Acquitted

This is not a charge of bleeding heart liberals and human rights aspects alone, but a fact
corroborated by judgment after judgment of different courts. The incidences which has
become a behaviour of law into itself, a marauding force, ‘encountering’ and detaining
‘suspects’ almost at will.
An RTI (Right to Information) enquiry has revealed that Delhi Police Special Cell’s
conviction rate is a paltry 30 per cent (Nearly 70 per cent of the accused has charge-
sheeted over the past five years were acquitted for want of credible evidence. Also
between 1992 and 2012 a large number of those arrested were acquitted of all charges by
the courts. The evidence that the report presents shows clearly that the acquittals were not
simply for want of evidence. In India, fabrication of evidence is a serious offence under
the Indian Penal Code (Section 195 IPC). Delhi Additional Sessions Judge has ordered a
CBI probe against the Special Cell, as well as directing the filing of FIR and the initiation
of departmental enquiries against them.
Encounter death
Here encounter death is generally defined as “The action intended to safeguard the laws of
the land in which law enforcement agencies deliver summary justice to suspected “criminals” for the
safety of the people at large.
As per the available Central Government records Uttar Pradesh stands first in
encounter deaths. Near 1000 civilian deaths took place in the state like Assam, Delhi,
Gujarat, Haryana, Karnataka, Maharashtra, Madhya Pradesh, Orissa, Rajasthan, Tamil
Nadu, Uttarakhand and West Bengal etc. Encounter deaths are also meant to create a
sense of security among the people. However it also has a negative impact on people’s
faith in law and the civil society groups question the authenticity of the incidences. In the
Dhaula Kuan - New Delhi fake encounter case, the city session Court was of the opinion
that, “there cannot be any more serious or grave crime than a police officer framing an
Death, Disappearance and Deprivation
innocent citizen in a false criminal case. Such a tendency among the officers should not be
viewed or dealt with lightly but needs to be curbed with a stern hand.”
Except a certain nominal case, not a single officer in any of the operations has suffered
criminal proceedings for the framing of innocents. Even after the National Human Rights
Commission (NHRC) indicated an officer who will surface regularly in these pages – for
staged an encounter in Sonia Vihar-New Delhi in 2006, he continues to head probes as
crucial and sensitive attack on the Israeli diplomat in Delhi. Here the interesting reality is
that the public and independent witnesses are rarely joined in the actual operation, even
when the accused are apprehended in public places with people present. Private vehicles
are used in the operation doing away with the need of logs thereby making it difficult to
verify any such operation did really take place.
Anti-terror laws and its prospect of misuse

“The real test to the adherence of human rights principles by any state happens at the
time of terror or emergency, not during the times of normalcy”, Human right is not
luxury or privilege but a fundamental right of every Indian citizen. “The anti-terror laws
are being widely criticized by civil rights group using against various sections of
marginalised communities and religious minorities. Practically The Unlawful Activities
Prevention Act, 1967(UAPA) is more restriction than the scrapped Prevention of
Terrorism Act, It safeguards against the possible misuse, which used to be there in laws
like TADA and POTA, were quietly dropped in the amended UAPA.
Torture and custody death syndrome

Torture in India, the latest status says that a total of 14,231 persons i.e. more than four
persons per day died in police and judicial custody in India from 2001 to 2010. This
includes 1,504 deaths in police custody and 12,727 deaths in judicial custody from 2001-
2002 to 2009-2010 as per the cases submitted to the National Human Rights Commission
(NHRC).
As per the official report, Maharashtra recorded the highest number of deaths in police
custody with 250 deaths; followed by Uttar Pradesh (174), Gujarat (134) and Andhra
Pradesh (109). Members of the Parliament who had earlier raised this specific issue before
the parliament. A large majority of these deaths are a direct consequence of torture in
custody. These deaths reflect only a fraction of the problem with torture and custodial
deaths in India as not all the cases of deaths in police and prison custody are reported to
the NHRC. Further, the NHRC does not have jurisdiction over the armed forces and the
NHRC also does not record statistics of torture not resulting into death.
Denial of justice to adivasis (scheduled tribes) continues even today despite the official
policies and declarations to protect them. It also noted that the “adivasis are handicapped
by poverty, illiteracy, economic dependence and ignorance of the law. Innocence among
the tribal groups are regularly victimised by the eviction and extermination campaign of
central and eastern part of India in the name of ‘Operation Green Hunt’.
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SASCV 2013
On the night of 28 June 2012 when the adivasi peasants of Sarkeguda, Kottaguda and
Rajpenta (Bijapur district of south Chhattisgarh) gathered to plan the performance of the
traditional festival Beej Pandum (seed festival), they were surrounded by hundreds of
Police and Para-military forces. The armed forces resorted to indiscriminate firing killing
17 adivasis (including 6 minors) were injured seriously.
Custodial Rape
Custodial rape remains one of the worst forms of torture perpetrated against women by
law enforcement personnel. Number of custodial rapes of women has take place at regular
intervals. The NHRC recorded 39 cases of rape from judicial and police custody from
2006 to 28 February 2010. This situation is reinstating the women officers’ role in law
order troubled regions. As per the law women officers only have the right to deal with the
women prisoners during their official duty hours for cross-examination.
Jail to community re-entry

A Study of the Socio Economic Profile and Rehabilitation Needs of a particular
Community in Prisons in Maharashtra, 2011, by Vijay Raghavan and Roshni Nair of the
Centre for Criminology and Justice School of Social Work, Tata Institute of Social
Sciences (TISS), states that 96 per cent of the respondents have not been held under
preventive detention charges thus indicating that they are not viewed as a threat to law
and order.
Tribal communities especially adivasi people are languishing in different jails due to
their poor intervention. They are unaware of the bail procedure. Result! The ‘children’s
of the soil’ are feeble to be a hand to their blood relatives. Acquittals were by no means
the end of their tragedy for they returned from their experience to a different world:
Businesses were destroyed; family members were broken having suffered the humiliation
and trauma of being associated with “terrorists”; children had to abandon their studies and
the normality of everyday life, while parents passed away in grief and despair. The
prosecution had virtually no leg to stand on; hence the victim got drawn out long years.
More over except a few national media, both print and visual are tampering the reality.
It shows innocents are being targeted by the authorities because of the political
compulsions or a desire to keep people in fear and the resultant passivity. The prison
statistics of the sub continental states reflect not only poverty of the people behind the bars
but also their under-representation and demonization. Correctional authorities fail in their
mission to return the prisoners back to the community for the same reason.
Conclusion
Human rights and police function is nothing but balancing between liberties of
individual. States responsibility to enforce law and order administration should be in a
coin-coin situation to respect human rights. We can anticipate that this conference will
undoubtedly generate a significant initiative on victim’s perception
322
Death, Disappearance and Deprivation
Recommendation
• Government of India has to enact the Prevention of Torture Bill, 2010 drafted by
the Parliamentary Select Committee, without any dilution into a law.
• All the deterrent laws which violate the basic rights of the citizens should be
repealed.
• Officers should be accountable to the society and judiciary.
• The redress of grievances is to be given to the acquitted victims without any delay.
In addition they should be repatriated with the help of govt schemes with the help
of NGO’s or the concerned state itself to sustain the victim’s livelihood.
• Step up the officer’s co-operation and dispassionate involvement with society to
maintain peaceful environment.
• Press council of India should regulate Media agencies, which are spreading lie
without any authenticity.
323
72
Forensic Investigation of Sexual Crime against
Women and Children in India
Mukesh Kumar Thakar
Introduction
Sexual offences are the most heinous crimes against women and children and have
shown a noticeable increase over the past few decades. This crime is spreading very fast in
Indian society too; the women and the children remain the most vulnerable group.
Despite its being common, still it remains an underreported crime, since many victims
cannot or do not press charges against their attackers.
According to one report by American Medical Association, sexual crimes, and rape in particular
was considered to be the most under-reported violent crime. The most common reasons given by
victims for not reporting rapes are the belief that it is a personal or private matter, and that they fear
reprisal from the assailant. Another government report in England (2007) estimates that 75 to 95
percent of rape crimes are never reported to the police. Contrary to the above reports there are FBI
reports consistently putting the number of '"unfounded" rape accusations around 8%. However,
"unfounded" may not be synonymous with "false" allegation. The largest study, published in 2005,
was based on around 2500 sexual assault cases and found 3% of false reports.
Among the sexual assaults Rape is one of the major heinous crime, which desperately
in need of stringent laws to punish the perpetrators of this crime. However, the Judiciary
is actively laying down guidelines and regulations in certain cases to award compensation
to the victims (albeit hardly any comfort and consolation to the victim, after such a
disastrous crime being committed) from imprisoning to awarding death penalties to
offenders.
Article 21, of the Indian Constitution, which ensures to every individual, a right to life
and personal liberty, has been subject to wide interpretation. The word ‘life’ has been
expanded enough to include the modesty and honour of a woman within its gamut. Thus,
any act in contravention of this implication is to be met with penal consequences.
Laws Relating to Offence of Rape in India

Section - 375 of the Indian Penal Code, 1860, defines rape by a man who, except in
the case hereinafter excepted, has sexual intercourse with a woman under circumstances
falling under any of the six following descriptions: Against her will, without her consent,
With her consent obtained in fear of death or of hurt any person in whom she is
interested, with her consent, when the man knows that he is not her husband, and that
her consent is given because she believes that he is another man to whom she is or
believes herself to be lawfully married, with her consent, unsoundness of mind or
Forensic Investigation of Sexual Crime
intoxication or the administration by him personally or through another of any stupefying

or unwholesome substance, she is unable to understand the nature and consequences of
that to which she gives consent or with or without her consent, when she is under sixteen
years of age.
This section also explains this offence and provides exceptions to rape. However the
anal or oral penetration and penetration with objects do not fall within the ambit of
section 375 IPC.
Section 376 of IPC is related to the punishment for rape. The punishment can go up
to Life imprisonment along with fine. It also prescribes punishment for custodial rape. The
law concerning this offence was amended by Criminal Law Amendment Act, 1983.
Section 377 of the Code defines and punishes the Unnatural offences.
Section 228 IPC prohibits disclosure of the identity of the Rape victim. Under
section 327 of CrPC, the inquiry into and trial of Rape or an offence under section 376
IPC shall be conducted in Camera and it is not lawful for any person to print or publish
any matter in relation to such proceedings except with the permission of Court.
Section 114 Indian Evidence Act lays down that in a prosecution for Rape under
section 376 IPC where intercourse by the accused is proved and the question is whether it
was without the consent of woman alleged to have been raped and she states in her
evidence before the court that she did not consent. This applies to cases of custodial rape
and gang rape.
Present Study
The main thrust of this paper is to understand the phenomenon of sex related offences,
their magnitude and prevalence. Substantial contributions have been made to advance the
state of knowledge for law enforcement agencies, health professionals and criminal justice
system.
In the present study, an attempt has been made to study and analyze the recent data
Collected and published by NCRB to estimates the percentage of sexual offences
happened in different states of India and compared with Punjab. Further attempt has also
been made to suggest effective protocols for the Forensic Examination of such victims,
crime scene and suspects. Such information has potential to impact substantially on the
effectiveness of the investigative interview, the recognition, collection and packaging of
forensic evidence, and finally the prosecution of cases.
Punjab data have been collected from the following 19 districts of Punjab and used to
calculate the number and percentage of sexual offences like rape, sodomy and bestiality
among the different age groups.
1. Amritsar 2. Barnala 3. Bathinda 4. Faridkot
5. Fatehgarh 6. Ferozpur 7. Gurdaspur 8. Hoshiarpur
9. Jalandhar 10.Kapurthala 11.Ludhiana 12. Mansa
13. Moga 14. Mohali 15. Nawashaher 16. Patiala
17. Roopnagar 18. Sangrur 19. Tarantaaran
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SASCV 2013
It is evident from the results of the NCRB, 2011 among the 35 states of India Madhya
Pradesh state (15.5%) has reported maximum sexual crime (Rape) cases which is followed
by Andhra Pradesh (11.3%) while Sikkim state has minimum number of reported cases
related to sexual crime. Among the Union Territories, Delhi topped the list of reported
sexual crime (Rape). If still we talk about the major 88cities of India, NCRB data shows
that the Delhi and Mumbai (10.1%) have maximum reported rape cases and surprisingly
lowest reported cases in Varanasi (0.1%).
After comparative analysis of Punjab data, it was observed that 353, 373, 354, 368 and
506 sexual offence cases were registered in Punjab during five years. Out of total 1954
cases, 1784 were of rape, 168 of sodomy and remaining 2 of Bestiality. The percentage of
rape cases was very high i.e. 91.29% in comparison to sodomy cases i.e. 8.59% whereas
occurrence of bestiality cases was insignificant i.e. 0.10% only. It was also observed that
girls belonging to age group 11-20 are more vulnerable to rape crime.
Relevance of Physical Evidences

Physical evidences are considered to be the most powerful tool in linking the victim
with the suspect and with the scene of crime. In a sexual assault cases, however, the
victim’s body is the most important source of physical evidences. A Forensic professional
collect the physical evidences in a sexual assault case, both because of the intimate nature
of these evidence and because a great deal of special expertise is required to conduct a
thorough, meaningful examination. So there is a need to improve skill for careful
collection; preservation and analysis of biological evidence which can yield vital
information will give ‘impetus’ to the investigation and shorten the process of delivering
justice in criminal investigations.
In general, however, evidence collected in the forensic examination can be used for
primarily:
• To identify the suspect
• To confirm recent sexual contact
• To establish if any force has been used or there is any threat
• To corroborate the victim’s story
Most of the evidence collected in a forensic examination serves to identify the assailant.
For example, DNA evidence collected from blood, saliva, semen, and other biological
samples will identify the suspect with a great deal of certainty. In addition, other
associative evidence such as hair or fibers can serve to assist in the identification of a
suspect
It will also include questions about the assault, such as:
• When and where the assault took place
• Prior sexual experience
• The type of sexual acts perpetrated by the suspect(s)
• Whether ejaculation occurred or not and where
• Whether a condom or any lubricant was used or not
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Forensic Investigation of Sexual Crime
• The position of the victim and suspect at the time of the assault
• Ingestion of any drugs or alcohol within the previous 12 hours
• A description of the type of force used
The forensic examiner must also ask the victim whether she had consensual sex with a
partner within the previous 72 hours. If so, many of the same questions will need to be
asked about the prior consensual activity.
Types of Forensic Evidence

There is a need to have standardized more effective scientific protocol for the Forensic
Examination of both the victim and suspect to collect evidences. The following evidences
(including swabs from Suspect’s penis, finger and tongue) are required to be collected with
a specific purpose such as identifying the assailant, confirming recent sexual contact,
establishing force or threat, and corroborating with the victim’s version:
DNA evidence Hair evidence Seminal fluid evidence
Clothing evidence Saliva evidence Blood evidence
Urine analysis Non-biological evidence
Physical injuries are the best proof of force
Electrophoresis techniques (including DNA) can be applied successfully to distinguish number
of Criminals involved in the Gang Rape.
Prominent cases related to Rape

The most important cases, with a brief version of the facts and decisions are herein
elaborated:
Dhananjoy Chatterjee’s case

This was probably the ONLY case in India, where a death sentence was awarded for
rape. On March 5, 1990 Dhananjay Chatterjee brutally rapes Hetal Parekh, a schoolgirl
from Kolkata, and was sentenced to Death by the Alipore Sessions Court in 1991. [Only a
sessions court has the authority to award a death sentence, all other courts can either affirm
or negate it, but NOT award it on its own]. Dhananjay’s challenge of the order in the
High Court failed, as his plea was dismissed. The Supreme Court also dismissed his
petition, and awarded the Death Penalty, which was later affirmed by the President.
Vishaka v. State of Rajasthan

In Vishaka Vs. State of Rajasthan and others(1997) that for the first time sexual
harassment had been explicitly- legally defined as an unwelcome sexual gesture or
behavior whether directly or indirectly as
• Sexually coloured remarks
• Physical contact and advances
• Showing pornography
• A demand or request for sexual favours
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• Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature.

It was in this landmark case that the sexual harassment was identified as a separate
illegal behaviour. The critical factor in sexual harassment is the unwelcome nature of the
behaviour. Thereby making the impact of such actions on the recipient more relevant
rather than intent of the perpetrator- which is to be considered.
Vishaka was a non Governmental organization working for gender equality. The
immediate cause for filing the petition was the alleged brutal gang rape of a social worker
of Rajasthan. The Supreme Court in the absence of any enacted law (which still remains
absent- save the Supreme Court guidelines as stated hereunder) to provide for effective
enforcement of basic human rights of gender equality and guarantee against sexual
harassment, laid down the guidelines.
Limitations usually associated with the forensic examination include:

• Lack of Proper legislations concerning the scientific techniques
• Some time the examiners are insensitive or improperly trained or non availability of
Expert
• Failure of examiners to properly recognize, collect, or preserve the evidences
• Failure of examiners to recognize and document subtle physical findings
• Lack of appropriate equipment to conduct a thorough examination (e.g.,
colposcope)
Conclusions and Suggestions

• Training and sensitization to police
• Frequent Availability of
- Forensic Experts
- Mobile vans
- Spot testing Kits
• All the cases of rape should be presented in the court of Law should accompanied
with Forensic Report
• Judiciary should also attend Short training and orientation courses to get first hand
information to the scientific techniques appreciate scientific reports more
effectively.
• Clear cut guidelines to police officials to take assistance of Forensic Experts
• Govt. should immediately enact comprehensive legislation Concerning Forensic
Science and DNA
• There is a need to amend seriously the laws related to the sexual offences and
should provide deterrence.
• Further the time taken by the courts needs to be reduced i.e. Trials should not only
under the camera but also on the Fast Track.
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73
Live in relationship in India: The need for a special legislation
S. Murugesan and C. Loganathan
Introduction
Prima societas in ipso conjugioest: proxima in liberis; deinde una domus, communia omnia
(Latin Maxim) means the first bond of society is marriage; the next, our children; then the
whole family and all things in common. Individuals constitute and influence the society.
Relation between individual and society is an intimate and close.
Thomas Hobbes, in his book ‘Leviathan’ stated that society was conceived to protect
man from his irresponsible and animal as well as egoistic tendencies.
According to John Locke, in nature all men were born free and equal. Individual
precedes society. He has some right even outside society. Individuals made a mutual
agreement and created society giving it certain rights and authority.
Society is a web of social relationships. Social relationships include social processes and
social interactions. In the words of Jones, ‘Social change is a term used to describe
variations or modifications of any aspect of social processes, social patterns, social
interactions, or social organization. Whatever apparent alteration in the mutual behavior
between individuals takes place is a sign of social change. A living arrangement in which
an unmarried couple lives together in a long-term relationship that resembles a marriage it
exists as a social change. The legal definition of live in relationship is “an arrangement of
living under which the couples which are unmarried live together to conduct a long-
going relationship similarly as in marriage.”
Live in Relationships in India

Live in relationship is a new concept in India. With changing times and attitude of the
people these relations have come to the main stream of the society. The number of such
relations is increasing gradually. India is a country where Marriage is treated as a
sacramental bonding between two people. The concept of husband, wife and family is still
given utmost importance in many communities of the country. Live-in relationships in
India are not illegal but the society is not accepting and it is considered as immoral. .
"When two adult people want to live together what is the offence. Does it amount to an
offence? Living together is not an offence. It cannot be an offence," a three judge bench of
Hon’ble Supreme court of India comprising Chief Justice K G Balakrishnan, Deepak
Verma and B S Chauhan in S. Khushboo vs. Kanniammal & Another. (2010) 5 SCC 600.
At present there is no special law in India to deal with the concept of live-in relationships
and its legality. But the Indian courts through various decisions, have laid down the law in
respect of such relationships in certain aspects.
SASCV 2013
Existing Legal provisions and consequences of Live in relationship

The law traditionally has been biased in favour of marriage. Public policy supports
marriage as necessary to the stability of the family, the basic societal unit. To preserve and
encourage marriage, the law reserves many rights and privileges to married persons.
Cohabitation carries none of those rights and privileges. The Privy Council in A
Dinohamy v. W L Blahamy laid down the principle that “Where a man and a woman are
proved to have lived together as a man and wife, the law will presume, unless the contrary
be clearly proved, that they were living together in consequence of a valid marriage and
not in a state of concubinage”.
The Hindu Marriage Act, 1955 and The Criminal Procedure Code, 1973 do not recognise
‘live-in-relationship’. The Protection of Women from Domestic Violence Act, 2005 on the other
hand for the purpose of providing protection and maintenance to women says that an
aggrieved live-in partner may be granted alimony under the Act.
The status of the female partner remains vulnerable in a live in relationship given the
fact she is exploited emotionally and physically during the relationship.
Domestic Violence
The Prevention of women from domestic violence Act of 2005 provides protection to
the woman if the relationship is “in the nature of marriage”. The Supreme Court in the
case of D. Velusamy v. D. Patchaiammal [(2010) 10 SCC 469] held that, a ‘relationship in
the nature of marriage’ under the Act must also fulfil some basic criteria not all live in
relationships will amount to a relationship in the nature of marriage to get the benefit of
the Act
Maintenance
Section 125 Criminal Procedure Code provides for giving maintenance to the wife
and some other relatives. The word `wife' has been defined in Explanation (b) to Section
125(1) of the code as; Wife includes a woman who has been divorced by, or has obtained
a divorce from, her husband and has not remarried.
In Vimala vs. Veeraswamy (1991) 2 SCC 375 the Supreme Court held that Section
125 is meant to achieve a social purpose and the object is to prevent vagrancy and
destitution. The term `wife' in Section 125 of the Code of Criminal Procedure, includes a
woman who has been divorced by a husband or who has obtained a divorce from her
husband and has not remarried. Under the law a second wife whose marriage is void on
account of the survival of the first marriage is not entitled to maintenance under this
provision.
In Savitaben Somabhat Bhatiya vs. State of Gujarat and others [AIR 2005 SC 1809], held
that however desirable it may be to take note of the plight of an unfortunate woman, who
unwittingly enters into wedlock with a married man, there is no scope to include a
woman not lawfully married within the expression of `wife'. The Bench held that this
inadequacy in law can be amended only by the Legislature.
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Live-in relationship in India
In Abhijit Bhikaseth Auti v. State Of Maharashtra and Others( AIR 2009 SC) held that it
is not necessary for woman to strictly establish the marriage to claim maintenance under
sec. 125 of Cr.PC. A woman living in relationship may also claim maintenance under
Sec.125 CrPC.
Legitimacy of the child

In Radhika v. State of Madhya Pradesh Supreme Court held that a man and woman are
involved in live in relationship for a long period, they will treat as a married couple and
their child would be called legitimate.
Inheritance
In Bharatha Matha & Anr. v. R.Vijaya Renganathan & Others the Supreme Court held
that a child born out of a live-in relationship is not entitled to claim inheritance in Hindu
ancestral coparcenary property and can only claim a share in the parents’ self-acquired
property. It is further clarified that ‘live in relationship’ is permissible in unmarried
heterosexuals in case, one of the said persons is married, the man may be guilty of adultery
and it would amount to an offence under Section 497 of the Indian Penal Code.
Penal Offence and victimization

Section 375 of the Indian Penal Code lays down six circumstances to qualify for a rape.
Of this, three are about consent; two about 'misconception' and one is about the statutory
age limit. Police invoke Section 417 along with Section 376 while a man is arrested for
rape. Section 417 deals with punishment for cheating and it prescribe a maximum
imprisonment of one year with or without fine. If the alleged rape continued for days or
together weeks or months at most it could be a case of cheating or breach of trust. At the
same time the above complaints out of live in relationship leads to complaint on false
grounds sometime when the relationship gone sour, break-ups and failed live-in
relationships are being taken to police by women, who charge their ex-companions with
rape.
Necessity for a special legislation

In Indian context there is a need to recognize such relationship through legislation
which would empower both the parties with rights and create obligations with duties
thereby confining the ambit of such relationship. The newly developed societal change
needs special legislation as the present legislations provide a loop hole due the absence
concept of Husband and wife. Irrespective of Religion, tradition and culture the ultimate
sufferers are women and children, as there is no specific law on maintenance, succession,
rights of child and custody. There is no legal provision to secure the future of a child born
from relationship which has not been the shape of marriage. The sour relationship ends in
victimisation as the rights, responsibilities and obligations of parties are not defined.
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SASCV 2013
Conclusion
The Fundamental right under Article 21 of the Constitution of India grants to all its
citizens “right to life and personal liberty” which means that one is free to live the way
one wants with infringing others right. No law at present deal with the concept of live-in-
relationships and their legality. Still even in the absence of a specific legislation the court
has recognised it. The various legal hassles on issues like division of property, violence,
cases of desertion by death of a partner and handling of custody and other issues when it
comes to children resulting from such relationships can be settled by the legislature
through a special legislation. As stated by Aristotle “Man perfected by society is the best
of all animals; he is the most terrible of all when he lives without law, and without
justice.”
References
Abhijit Bhikaseth Auti v. State Of Maharashtra and Others( AIR 2009 SC)
Bharatha Matha & Anr. v. R.Vijaya Renganathan & Ors. 2010 STPL(Web) 406 SC
D. Velusamy v. D. Patchaiammal [ (2010) 10 SCC 469]
Kumar. (2003). Principles of Sociology. 7th Edition. New Delhi: L N Agarwal Educational
Publications.
Puranik, A. B. (1992). Manual on Maintenance. New Delhi: Hind Law House.
Radhika v. State of M.P. AIR 2008 SC
S. Khushboo vs. Kanniammal & Anr. (2010) 5 SCC 600
Savitaben Somabhat Bhatiya vs. State of Gujarat and others [ AIR 2005 SC 1809]
Vimala vs. Veeraswamy (1991) 2 SCC 375
332
74
How can victimology become positive?
Natti Ronel
While victimization is usually a traumatic, negative experience for direct and indirect
victims at any level (Herman, 1992), the reaction to such an event or chain of events may
cover a wide range of possibilities (Lindgren & Nikolic-Ristanovic, 2011). Within these
different reactions, positive victimology is a newly defined perspective and field, which is
based on both positive psychology (Seligman & Csikszentmihalyi, 2000; Sheldon & King,
2001) and positive criminology (Ronel & Elisha, 2011; Ronel & Toren, 2012), by
emphasizing the need for a positively experienced social reaction to victimization. Positive
victimology also incorporates the approach defined by Ben-David (2000) as "victims'
victimology," which focuses on victims' needs, wishes, and well-being from the standpoint
of victims themselves.
Positive victimology is a new concept that incorporates models, approaches, and
theories in victimology that existed previously but until now had not been connected by a
comprehensive concept (Ronel & Toren, 2012). Positive victimology covers different
models and theories about the reaction to victimization that shares a common perspective:
a. They indicate a positively experienced reaction. In general, victimologists aspire to
bring justice to victims at every level and stage and to promote their well-being as
much as possible. However, many other people whom victims might meet
unfortunately do not share this approach (Levy& Ben-David, 2008; van Dijk,
2006). This is especially true of members of the criminal justice system, who often
play a major role in the experience of victims (Hulsmann, 2006). Therefore the
importance of a positive reaction should be emphasized repeatedly – victims
deserve social reactions that attempt to provide them with positive experiences as
much as possible under the circumstances, such as acceptance and
acknowledgement of the injustice they suffered, unconditional support, protection
of their rights, assisting and supporting their struggle for survival, and the like. The
underlying assumption is that positive experiences can have as much influence on
individuals, families, and community as negative ones do, and sometimes "the
good" can overcome "the bad" (Fredrickson, 2001; Ronel, 2006, in press; Ward,
Mann, & Gannon, 2007).
b. These positively experienced social or personal reactions to victimization have
healing potential for direct and indirect victims. That is, positive victimology is
aimed at healing the wounds caused by the victimization event (or events) at all
levels (Ronel, 2009): individual, family, and community. It also aimed at
promoting a process of recovery that might continue beyond healing the direct
SASCV 2013
wounds of victimization (Brende, 1993; Brende & McDonald, 1989). Although

some wounds of victimization cannot be completely healed, the direction of
healing can improve existing circumstances and might initiate a journey of
recovery. Positive victimology emphasizes healing as a basic right of victims and a
social duty of any reaction, and also indicates that recovery is an enduring
possibility (Herman, 1992).
c. The positively experienced, healing-oriented reaction is aimed at increasing the
experience of integration at any stage after victimization (Ronel, Frid, & Timor, 2011).
A common experience of most victims is a sense of separation, even to the degree
of feeling isolated. This sense of separation may be experienced during the
victimizing event, when encountering a non-accepting reaction, and as a result of
the victim's tendency to keep the victimization a secret. Therefore this sense of
separation has a major impact on the victim's identity (Ronel, 2009).
Consequently, the integration reaction is a necessary attempt to heal the separating
and isolating nature of victimization and progress in the direction of recovery.
Based on experience in practicing positive criminology (Elisha, Idisis, & Ronel, 2012),
Ronel and Toren (2012) suggested that it involves a three-leveled reaction of integration.
On the social level, positive victimology calls for social actions of inclusion that can
prevent or decrease a sense of isolation. While it is sometimes inevitable to experience a
certain degree of social separation following victimization, a well-planned social reaction
might minimize such an experience. Regrettably, more often than not, social reactions
after victimization increase the experience of separation, thus exacerbating the suffering of
direct and indirect victims (see, e.g., Dancig-Rosenberg, 2008; Lindgren & Nikolic-
Ristanovic, 2011). Positive victimology attempts to increase the awareness of the strong
need for social inclusion following victimization, to develop means of such inclusion and
to establish theoretical, research-based, and practical knowledge regarding social inclusion.
On the level of the individual, positive victimology calls for knowledge and practice
aimed at integration of the victimized self. Unfortunately, the experience of being
victimized often generates a process of forming a victim identity, which typically includes
some experience of powerlessness (Ronel, 2009). Furthermore within this identity, there
is an experience of a chaotic self. This chaotic self can be reorganized in a struggle that
attempts to avoid future victimization by minimizing any perceived risk. Consequently,
the individual might become self-centered in a self-protective, unhealthy manner. A
process of reintegration of the self is an essential integral part of the recovery process
suggested by positive victimology.
In addition, positive victimology is guided by a spiritual vision of a directed process of
exploration and unification with a power greater than oneself (Brende, 1993). Previous
research has confirmed the assertion of positive victimology that traumatic events and
negative experiences can lead to positive changes, despite the inevitable pain involved.
Such change is associated with positive psychological adaptation, and may lead to a
spiritual transformation (Balk, 1999; Marrone, 1999). Many times recovering victims who
experience powerlessness are facing an existential crisis; such a crisis may open new
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How can Victimology become positive?
directions, including spiritual development. It is a process of growth beyond the

boundaries of the everyday struggle of recovery into new possibilities for the self. An
experience of greater spiritual unification provides individuals with new meaning and
vision, sometimes never experienced before (Ronel, 2009). Positive victimology perceives
this vision as a potential opportunity.
Different models of practice are based on the perspective defined as positive
victimology. In the field of criminal justice, positive victimology calls for a victim-
oriented system. Such a system, for example, may expand the concept of "due process,"
traditionally directed towards offenders only, to include victims as well, that is, due process
for victims during any criminal justice intervention and in court (Luria, 2012). In addition,
positive victimology embraces victim-oriented law-enforcement procedures that might
enhance positive experiences for recovering victims, such as an appropriate restitution
(Aharoni-Goldenberg & Wilchek-Aviad, 2008), a victim empowering procedure (Bitton,
2008), or a therapeutic jurisprudence model (Dancig-Rosenberg, 2008). A prominent
example is the practice of different restorative justice methods (Braithwaite, Ahmed, &
Braithwaite, 2006; Shachaf-Friedman & Timor, 2008; Timor, 2008). Restorative justice is
aimed at providing a positive healing experience of social integration that may lead to
integration of self and also has the potential to bring about spiritual transformation; thus it
represents all aspects of positive victimology. Additional examples of positive victimology
models of practice are those of support groups for recovering victims (Brende, 1993), and,
in some cases, individual therapy for recovering victims (Ronel, 2009).
Although positive victimology has been defined here mainly as a perspective involving
a reaction to victimization, it also targets the prevention of victimization. Since the subject
of prevention is mostly related to the potential offenders (e.g., Hawkins, Arthur, & Olson,
1997), prevention of victimization or further victimization calls for a shift of focus towards
that of the potential or former victim. Positive victimology prevention might be based on
the communitarian approaches discussed in many models for the prevention of offending
(e.g., Etzioni, 1988, 1997; Hawkins &Catalano, 1992), but with a different level of
sensitivity to the current or potential needs of the victims.
To sum up, positive victimology is an innovative term for known theoretical models
and practices in victimology. Victimization is by no means a positive experience, but the
reaction to former victimization should be aimed at increasing positive components as
much as possible. While former studies have supported the major assertions of positive
victimology, there is a need to conduct further studies from this standpoint, in order to
expand its knowledge base.
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Balk, D. E. (1999). Bereavement and spiritual change. Death Studies, 23, 485–493.
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Ben-David, S. (2000). Needed: Victim’s victimology. In P. C. Friday & G. F. Kirchhoff

(Eds.), Victimology at the transition from the 20th to the 21st century (pp. 55-72).
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legal system. In N. Ronel, K. Jaishankar& M. Bensimon (Eds.), Trends and issues in
victimology. (pp. 130-149). Newcastle upon Tyne: Cambridge Scholars Publishing.
Braithwaite, J., Ahmed, E., & Braithwaite, V. (2006). Shame, Restorative Justice and
Crime. In F. Cullen, J. Wright & K. Belvins (Eds.), Taking stock: The status of
criminological theory (pp. 397-417). London: Transaction Publishers.
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Wilson & B. Raphael (Eds.), International handbook of traumatic stress syndromes (pp. 867-
877). New York: Plenum Press.
Brende, J. O., & McDonald, E. (1989). Post-traumatic spiritual alienation and recovery in
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The need for a therapeutic jurisprudence model. In N. Ronel, K. Jaishankar & M.
Bensimon (Eds.), Trends and issues in victimology (pp. 150-174). Newcastle upon Tyne:
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Elisha, E., Idisis, Y., & Ronel, N. (2012). Window of opportunity: Social acceptance and
life transformation in the rehabilitation of imprisoned sex offenders. Aggression and
Violent Behavior, 17, 323-332.
Etzioni, A. (1988).The moral dimension. New York: Free Press.
Etzioni, A. (1997).The new golden rule. London: Profile Books.
Fredrickson, B. L. (2001). The role of positive emotions in positive psychology: The
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Hawkins, J.D., &Catalano, F.R. (1992).Communities that care. San Francisco: Jossey-Bass.
Hawkins, J.D., Arthur, W.M., &Olson, J.J. (1997). Community interventions to reduce
risk and enhance protection against antisocial behavior. In M.D. Stoff, J. Breiling &
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Herman, J. (1992). Trauma and recovery: The aftermath of violence - from domestic abuse to
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Luria, R. (2012). Implementation of due process of law upon victims of sexual assault within the
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337
75
Honour killing: Killing the honour of humanity?
Sandesh Jaybhay, Dataraj Patwe and Priyanka Jawale
Violence against women is one of the deeply rooted realities of each and every
society since the evolution of human beings. Natural vulnerability of women has made
them suffer unnaturally since the beginning. Every Constitution and all international
documents on human rights of the world speaks about equality of men and women but
due to some social, economical and natural and unnatural ego issues it has not become a
reality for any country so far. Women are victim of several atrocities, inhuman treatments,
inequalities and harassments in developing and developed countries. There is no criminal
law in this world which has got no provision about crimes against women. One of the
ancient, traditional and newly increased crimes against women at large is honour killing.
Honour killing is one of the highly discussed common issues in Asian countries
including India in last decade or so. Thousands of women are been killed in every year
due to the traditional faith and aspiration of honour of family. On one side we are moving
with tremendous technological and scientific developments and on the other side the
gravity of the offence of honour killing is growing tremendously. The traditional practices
in India say that women are property of men in a sense they are the owners because the
women are not only their life partner but also part and parcel of their life. Women are the
honour and pride of their families and past and future generations. They are like diamond
for their parents they constitute the pride not only of their parents but also of their family
for many pre and past generations of them because of which it is always expected that the
women should follow the traditional practice of obeying the elders in their family.
What is honour killing?

Honour killing is a common, highly charged, emotive and a notorious issue in these
days. It is believed and portrayed as a sheer violence against women only; as it
mischievously ignores the killings of paramours who are also murdered under this rage. In
this context, such killings relate to a practice in which women are murdered by their male
relative to restore the honour they lose when their women defile it. Women may injure
men’s honour in a myriad of ways since it is their honour and their understating of
honour men enjoys the right of declaring any of act as dishonourable. 275 Honour killing is
killing of women for the pride and honour of family.
275
The Law on Honour Killing: A British Innovation in the Criminal Law of the Indian Subcontinent and its
Subsequent Metamorphosis under Pakistan Penal Code Tahir H. Wasti The Islamic College, London
Honour Killing
Amnesty International has dealt with this topic for some time, and defines honour
killing as usually committed by male family members against a female relative, when they
believe she has brought shame on the family. In Muslim traditions, family honour is
defined as an entire social behavioral code imposed on women for the purpose of
enforcing their inferiority and preserving male supremacy. 276
Honour killings have been practiced in order to clean shame, which the woman may
have carried for her family by adultery or injuring the family reputation and traditional
cultures. Men control within private sphere is critical and women, who wish to confront
such cultural tradition, are often murdered. 277 In honour killing the women is killed
generally by her parents or brothers for preserving their societal or traditional status.
Why honour killing?

Today world has changed to next extent from its traditions but still the traditions are
prevalent in some traditional developing countries. Our life is changing but we don’t want
to change our traditions. Previously we cherished marriage as one of the basic element of
society but today we see we our self are ready for modern or urban practice of live-in
relationships but still we are strictly following some traditions like honour of family. If any
girl of this modern e-generation makes a boyfriend and then decides to marry with him
she is killed in the name of her families’ honour which is totally inhuman.
There are many reasons behind honour killing some are traditional faith based some
are social, economical and largely cultural. People are blind in religious faiths, caste system
and many traditional honours which are resulting in honour killings. People are going
brutal and lethal to kill their own children only because they used their personal liberty or
freedom. Since the pride is traditional many people had devoted their entire life to
preserve and promote them. For traditional pride people are crossing humanity boundaries
and are killing their own human behavior because of which honour killing are inhuman in
all times and at every place. Parents are safeguarding their own interest over the life and
liberty of their own children’s.
Article 1 of Universal Declaration of Human Rights of 1948 states that we all are born
free but in practice it seems that we are not born free but we have born with our own
traditional restrictions. The parents are strictly expecting their children’s to obey and
show respect to their family honour and if they will show any disrespect they will be
killed under the name of family honour. This has raised an issue as to whether the today’s
modern generation has to permit to take the decision of their marriage or we still need to
continue the old pattern of parents choosing the life partner for their children’s.
276
Honour Killings-URSULA SMARTT. JP, MA, M, Phil is Magistrate in Ealing, West London. She is a Senior
Lecturer at Law and Criminology at Thames Valley University, London. Amnesty International. 1998.” Pakistan:
No Progress on Women’s
277
Honour killings in Pakistan under Theoretical, Legal and Religious Perspectives An Analytical Study of Honour
killings Abuse and Disconnecting Islam from This Ancient Brutal Tradition Author MUHAMMAD ZIA ULLAH
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With the old pattern there are issues like dowry, dowry death, cruelty practices,
divorce, maintenance and many more against the bride by the in laws and husband at the
same time if we go with the self choice of life partner may not lead to these traditional anti
women practices but traditions are traditions they will not see the change in society or
changed society. In some of the states in India such as Uttar Pradesh, Delhi, Haryana and
others honour killing is a daily incidence.
What is the solution?

Society is changing but the mindset of the society is not changing at all. Of course
pride is important but we cannot substitute it with killing. India is a one of the traditional
and multi religious country with more traditions than any other country in this whole
world because of which we see the ratio of honour killing is constant rather increasing day
after day. We should not stick to traditions but we should improve our traditions to that
level by which we will not take steps of killing in the name of honour.
We need to change our thinking of our own traditional practices and should act as
more responsible and practical human beings. No religion, no caste, no epics on religion
do ever permit killing of human beings. Law making and law enforcing against such anti
social elements need to be strict and honour killing should be made a murder and should
get punishment likewise. Honour, religion or traditional practices should not be heard as
defense in all the cases of honour killing. Women should be given more honour than they
be killed for honour.
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76
Problems of elderly people: Remedy lies somewhere else
Superna Venaik and Geetika Garg
Laws, literatures, films and television serials very often show the bitter reality of society
and attempt to seek remedies. From Premchand’s “Budhi Kaki” to a tale serial “Balika
Vadhu” – (Kalyani) society is witnessing some bitter realities of life. Budhi Kaki remains in
the picture when problems of elderly people are considered to be eliminated and the role
of kalyani is not taken into account.
Today the society is witnessing a gradual but definite withering of the joint family
system, as a result of which a large number of elderly people are not being maintained by
their children, contrary to the normal social practice earlier. There are number of factors
responsible for this change such as unhealthy inter personal interaction, dithering social
and moral values, to name a few. All this had resulted in exposure of elders to physical and
financial insecurity, emotional neglect often leading to depression, even drug and alcohol
abuse in extreme cases.
Older people face very specific threats to their rights in relation to age discrimination,
for example, in access to health care, in employment, in property and inheritance rights, in
access to information and education and in humanitarian responses. Older people also face
particular forms of violence and abuse.
Demographic ageing is creating new challenges such as protecting the rights of people
living with dementia, of older detainees, and the equitable allocation of resources in health
care. Older people’s rights to access to justice, equality before the law and the rights to
housing, privacy and a private life all require greater attention.
To add to the woes of elderly there is absence of adequate social security system in
India due to which often they have to live as a destitute and die a lonely death. There are
numerous legislative enactments in India which ensure that the moral obligation of
children towards their parents is supported by legal obligation like Constitution of India-
its Directive Principles, Code of Criminal Procedure, Hindu Adoption and Maintenance
Act, 1956 along with Maintenance and Welfare of Parents and Senior Citizens Act, 2007,
but the problem is with the implementation aspect of these enactments.
The Universal Declaration of Human Rights applies to people of all ages. Both the
International Covenant on Civil and Political Rights (ICCPR 1966) and the International
Covenant on Economic, Social and Cultural Rights (ICESCR 1966) apply to every
person regardless of their age.
The Constitution of India- its Directive principle under Article 41 of the Indian
Constitution states that, the State, shall within the limits of its economic capacity and
development, make effective provision for securing the right to work, to education and to
public assistance in cases of unemployment, old age, sickness and disablement and in other
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cases of undeserved want. It is clear from Article 37 that the provisions contained in Part
IV shall not be enforceable by any court but the principles therein laid down are
nevertheless fundamental in the governance of the country and it shall be the duty of the
State to apply these principles in making laws.
Criminal Procedure Code- Sections 125-128 of is enacted to provide maintenance
against those persons who neglect or refuse to maintain their dependents wives, children
and parents who are unable to maintain himself or herself. The purpose of these provisions
was to provide speedy, effective and inexpensive remedy but these provisions could not
provide speedier relief to parents.
Hindu Adoption and Maintenance Act 1955 - Under section 20 (3) which is
applicable for Hindus only, maintenance is provided to aged or infirm parents. Both male
and female children are under legal obligation to maintain their aged and infirm parents.
The Maintenance And Welfare Of Parents And Senior Citizens Act 2007- The
objective of Act is to provide more effective provisions for the maintenance and welfare of
parents and senior citizens guaranteed and recognized under the Constitution and for
matters connected therewith or incidental thereto.
Income Tax Act, 1961- Sec.88-B, 88-D and 88-DDB are discount in tax for the
elderly persons.
National Policy for Older Persons 2011- To accelerate welfare measures and
empowering the elderly in ways beneficial for them.
A comparison with respect to the Indian Laws and laws enacted in U.S.A(Older
Americans Act, 1965), China( Law of the People’s Republic of China on Protection of
the Rights and Interests of the Elderly, 1996) and South Africa( Older Persons Act, 1996)
on the issue.
It clearly demarcates that despite the provisions stated in numerous legislations be it
national or international law, the enforcement of same lacks. The adjudicating factor –
Legal Duty Versus Moral Duty is still going on and it has to be arrived at final decision
with respect to the elderly people’s concern, care and dignified living.
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77
Spatial distribution of crime in Coimbatore rural area:
A GIS Analysis
A. Thangavelu, S. R. Sathyaraj and S. Balasubramanian
Introduction
Crime mapping is the use of geographic information to identify and analyze crime and
police data. In 1990s, “crime mapping” referred to geographic analysis, even those that
involved pushpins, colored dots, and paper maps. Now, however, “crime mapping”
usually means the specific use of computerized GIS. Criminal investigative analysis is
smaller in use which determines the aspect of crime analysis that includes activities such as
geographic profile (Canter, & et al., 2000; Rossmo, 2000; Santtila, & et al., 2003) and
specific case support for crime investigations. The history of crime mapping enhanced
from the supportive result (Weisburd & McEwen, 1997; Harries, 1999).
Crime distribution can be identified on the maps like choropleth maps which use
colour pattern, shading to indicate the magnitude of a numeric variable. Isopleth map lines
are the geographic distribution of a value category. Isoplethor contour maps are used to
create continuous areas that connect the points which are having the same value. The
contour lines are superimposed on a layer that displays the geographic boundaries. A
cartogram is a variant of the choropleth map in which the two dimensional boundaries of
geographic units are distorted so that the surface area of each geographic unit is
proportional to the amount of the value being measured.
Criminal geographic targeting is based on study of Brantingham and Brantingham
(1981) model for crime site selection and recurrence of such activities (Felson, 1986).
Geographic analysis of crime is strongly supported (Buck et al., 1973; Chang et al., 1979)
and the practical applications of this analysis have been demonstrated (Harries 1974; Pyle,
1974; Brantingham and Brantingham, 1981; LeBeau, 1987). Some areas are more prone to
criminal activities than the others (Roncek & Maier, 1991; Coomb et al., 1994) and
majority of crimes are not random events, nor are they randomly distributed in terms of
where they occur (Rossmo, 1995). Spatial variability is a result of the spatially non-
random distribution of people who will be motivated to be responsible for a crime and the
spatially non-random distribution of causative factors that increase the chances that a
person or property will be victimized (Hakim & Rengert, 1981).
Automated crime mapping applications (Pauly et al., 1967; Carnaghi & McEwen,
1970) shows the potential results for visual representations of the crime patterns through
the spatial maps by the computer. The crime setting or place, the “where and when” of
the criminal act, (Brantingham and Brantingham, 1981) describe the fourth dimension of
crime, which is the primary concern of environmental criminology.
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Criminological theory has two control factors for analysis,

(i) Individual
(ii) Community
The two major questions for this theory are
(i) Why this person and not that one committed a crime?
(ii) Why is there more increased of crime in society now than before?
Brantingham and Brantingham (1994) successively proved how house breaks induced
crimes having the multiple effects in the neighbourhoods at which they are located, raising
the robbery and theft levels in the surrounding area. Crime analysis may help in the
determination of multiple effects of crime and to improve the efficiency of police activity
(Harries, 1999; Goldsmith, et al., 2000). The incidence of crime is affected by the
presence and effectiveness of the police (Ehrlich, 1996; Levitt 1997 & 1998).
The computer crime maps revolution and the availability of the commercial software
begun to emerge as a significant tool in crime and justice that assists police departments in
strategic planning, operations and crime analysis. They may display information about the
relationships between geographic areas, crime and a number of risk factors. As crime and
delinquency are known to be localized processes, criminological maps have proved useful
in assisting police operations and in supporting crime prevention initiatives (Weisburd &
McEwen, 1997). Maps also assist in the assessment of the regional distribution of crime.
The crime density maps/analysis was used (Nicolau, 1994; Harries, 2006) for
investigating the associates of crime through statistical models. Furthermore, it is also
possible to employ GIS to calculate density of crime in a more accurate way under certain
circumstances.
Objectives
(i) To prepare the thematic map of crime distribution incidences
(ii) To measure the crime data in statistical analysis crime rate
(iii) To summarise the temporal incidences in the particular areas in Coimbatore rural
police jurisdiction.
Study Area
Coimbatore is popularly known as ‘The Manchester of South India’. Coimbatore
district of Tamil Nadu has geographic area of 105.60 Square Kilometer. Coimbatore rural
division is situated between 10° 68” and 11°16” Northern latitude and 76.68° and 77.15°
Southern longitude in the extreme west of Tamil Nadu near Kerala. The study area for
this expression is India, in the State of Tamil Nadu; Coimbatore coordinates rural zones
which have been identified by the Development of Police as an area with the high
number of crime hits. Coimbatore rural police jurisdiction area has been divided into two
sub-division namely Perur and Periyanaickenpalayam. Totally, fourteen police
jurisdictions namely Sirumugai, Mettupalayam, Pillur, Karamadai, Periyanaickenpalayam,
Thudiyalur, Vadavalli, Thondamuthur, Alandurai, Karunya, Perur, Madukarai, Podanur
and Kinathukadavu.
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Spatial distribution of crime
Data Preparation and Methodology

The Crime incidence data is collected from the Superintendent of Police Office (SPO)
and the Population data from Census of India for the preparation of the spatial crime map
for the present two subdivisions and fourteen police stations in the Coimbatore rural
jurisdictions with the help of software ArcGIS 9.3.
The methodology includes the use of the digitized map of the rural jurisdictions in
Coimbatore. The attribute data table of this area consisted of SPO name, jurisdiction to
which it belongs, crime incidence data, the population size of the area under the SPO, the
number of police stations and the number of subdivisions in each constituency. The
population density of each SPO area was calculated based on population / area in Sq.kms.
This value was used as a factor to prepare crime map of the population level for crime
incidence in Coimbatore rural division. Maps are prepared thematically to identify the
crime areas based on the data available for the population and natural breaks. The
population based on the were identified three classes namely highly populated, moderately
populated and lowly populated.
Thematic Map of Crime Incidences in Rural Police Jurisdiction

Thematic mapping is the process of representing the geographical database on the
attribute data available and the value, size, colour, represents the data on the map.
Thematic maps can be used to highlight individual features or illustrate a series of features.
Thematic mapping involves data classification methods, which is known as the most
common method for map manipulation. Generally, five data classification methods are
available: equal interval, frequency levels, mean and standard deviation, natural breaks and
a user defined. Equal interval uses a constant class interval in classification. Equal
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frequency, also called quantile, divides the total number of data values by the number of
class and ensures that each class contain the equal proportion of area. Mean and standard
deviation sets the class breaks at the units of standard deviation above or below the mean.
The method of natural breaks uses a computing algorithm to minimize differences
between data values in the same class and to maximize differences between classes. For the
present study, natural break classification methods were chosen to prepare maps.
Distribution of Crime Incidences

The study area boundary is digitized and used for creating the distribution of mean
crime incidences in Coimbatore rural police jurisdiction. There are fourteen police
stations (B-1 to B-14) present in Coimbatore rural jurisdiction limits and under the
Superintendent of Police (SOP). The mean criminal incidences (2003-2006) of
Coimbatore rural police jurisdiction were used for the preparation of thematic maps.
Thematic map was prepared for different crime types from the presented as Map 1. From
the Map 1, it was observed that mean crime incidences were high in (B6) Thudiyalur,
moderate in (B2) Mettupalayam (B2), (B4) Karamadai, (B5) Periyanaickenpalayam, (B7)
Vadavalli, and (B13) Podanur. The low incidence in (B1) Sirumugai, (B3) Pillur, (B8)
Thondamuthur, (B10) Karunya and (B11) Perur. The very low incidences in, (B9)
Alandurai (B12) Madukarai and (B14) Kinathukadavu.
Summary Statistics
A statistics attempts to provide statistical measures of the crime in a society. Crime is
usually secretive by nature; measurements are likely to be inaccurate. Crime statistics are
gathered and reported by many large states, groups of small states, countries and are
interest of several international organizations, including Interpol and the United Nations
Organization. Law enforcement agencies in some countries, such as the Federal Bureau of
Investigation (FBI) in the United States and the Home Office in England & Wales,
publish crime data, which are compilations of statistics for various types of crime.
346
Mapping of Crime Rate

The crime map presents the mean crime incidence of Coimbatore rural police
jurisdiction, but the rate of crime depends on the population in that particular area.
Therefore crime rate was calculated and the Crime rate Map 2 is prepared and presently
for Coimbatore rural police jurisdiction. From the map, it is observed that the maximum
crime rate in (B7) Vadavalli, moderate in (B3)Pillur, (B10) Karunya, (B13) Podanur and
low in (B2) Mettupalayam, (B4) Karamadai, (B5) Periyanaickenpalayam, (B6) Thudiyalur,
(B8) Thondamuthur and (B11) Perur. The remaining four police jurisdictions namely,
(B1) Sirumugai, (B9) Alandurai, (B12) Madukarai and (B14) Kinathukadavu as very low
crime rate areas.
Based on the population density of the SPO area, a characteristic was introduced in the
following equation to establish a relationship between population and crime incidence.
Temporal Crime Incidences

To understand the successive temporal changes over time (year), temporal information
is integrated with the changing spatial data. The thematic maps for the recorded mean
crime incidences for each year during the study period were prepared and presented as to
understand the significant variation with respect to the temporal changes on crime
incidences in the study area. The natural break classification was adopted to classify the
areas as high, moderate, low and very low incidences of crime
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For the year 2003-2006, auto vehicle crime thematic map was prepared and presented
as Map 3 by using Natural breaks classification. The thematic map was classified into very
low, low, moderate and high incidence areas. The very low incidence jurisdictions are
Pillur, Thondamuthur, Karunya, Thondamuthur and Kinathukadavu. The low incidences
were observed in Perur and Madukarai. The moderate incidence was observed in
Sirumugai, Karamadai, Periyanaickenpakayam, Vadavalli and Podanur and the remaining
high incidence was observed in Mettupalayam and Thudiyalur of the Coimbatore rural
jurisdiction. Subsequently, the other maps also produce for the House breaking day,
House breaking night, Murder, Murder for gain, Robbery, Pocket Picking and Snatching.
These are all the other crime categories in this research paper. Distributions of crime in
different station (Space) vary with time (Temporal). Hence, spatial factors might affect the
occurrences of the crime incidences during the study period and this will be dealt in the
crime areas.
Conclusion
The resultant map clearly indicates the major crime prone areas in Coimbatore rural
police jurisdiction. The crime incidence map clearly visualized the regions where efforts
are to be maintained for crime control. These areas require necessary funds and suitable
measures. Effective suggestions, put forward are
• However, this research is necessary to evaluate the above mentioned techniques for
executing the map with a particular interval because accurate population data is
critical for the assessment of human population density on crime rate and
attribution of risk to crime incidences.
• The statistical methods will also increasingly influence not only analytical aspects of
research but also decision making and problem solving.
348
• The data obtained from the primary and secondary sources one could find that the
high crime rate as well as different kinds of crime that occur more frequently in the
different sections of the society like slum prone areas, areas lacking street lights and
other adequate facilities for daily living and areas having low literacy rates.
• In-depth study of these areas has been taken by integrating the population wise
data, heavy forces of crime controlled in the surrounding areas.
• The new technology that features mapping representations would be helpful to
police, especially in the study of crime patterns in large buildings and underground
structures.
• In general, geographic presentation is an area with vast potential for developing
new types of maps and charts that can aid police authorities.
• Crime data consisting of spatial patterns, suspect information and method of
operation characteristics can be combined with arrest locations to provide
investigators a tool to identify potential suspects.
• The map also serves as a guide for crime affairs/surveyors/officers in identifying the
proper study for environment international trials and also as assistance for the
population who would be benefitted from the new interventions.
• From the above observations, the criminal broadcast in Coimbatore rural division is
mixed, which is influenced by the local environment. Control measures of the
respective jurisdictions or stations are rather than a uniform outbreak as the
observations carried out in other crime countries as in Iceland, Sweden, and other.
Therefore, the conceptual study is required for effective measures to control
criminal incidences at regional level in Coimbatore rural jurisdiction.
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Application of domestic violence legislation and gender
Vesna Nikolic-Ristanovic and Ljiljana Stevkovic
Introduction
In general, although less often than men, women are also prosecuted and convicted for
domestic violence. The surveys carried out worldwide suggest that, compared to women,
men were more likely to be charged or cautioned, convicted and sentenced to
imprisonment. Offenders are arrested/placed under pre-trial detention or sentenced to
prison more often if they had seriously injured the victim physically, used drug, alcohol or
weapon or had previous criminal history, including particularly earlier convictions for
domestic violence and protective orders. On the other hand, use of alcohol or drug by the
victim decreases the likelihood of prosecuting domestic violence case, while victim
support for prosecution increases it. Mutual violence leads to less probability of
prosecution, due to difficulties in determining the primary aggressor.Mutual violence
more likely results in dual arrest, those arrested are more likely to be charged with
misdemeanours than felonys and less likely to be convicted than singly arrested. However,
higher proportion of dually arrested women are prosecuted and convicted than dually
arrested men, although majority of women that used violence were acting in self-deffence
or fighting back. Also, judges overlook the history of violence, power and control in
relationships, and fail to understand the distinctive nature of domestic violence.
In Serbia, since recently this aspect of application of domestic violence laws has been
completely ignored and under-researched, which made it impossible determine how
domestic violence laws are applied to women as perpetrators, i.e. the impact of gender on
their application. However, statistical data for Serbia suggest that the number of women
convicted for domestic violence in 2009 (111) is almost two times higher than in 2007
(58), while in the same period, the number of convicted men also increased, but to a
much smaller extent (27%).
In the research carried out in Serbia in 2010 and 2011, the author piloted the use of
some of the indicators for measuring the effectiveness of legislation on violence against
women (VAW) that were suggested during a regional meeting held by UNIFEM (now
UN Women) (Sarajevo, 23−24 November 2009). These indicators were further
developed and implemented by an international consultant, Dr. Lori Sudderth, and
adjusted to the focus of the study by the author, the local consultant for UN Women.
The focus of the monitoring was the implementation of legal provisions that regulate
domestic violence as a criminal offence in cases where both the man and the woman are
prosecuted, including dual conviction cases, i.e. where the man and the woman are both
the victim and the perpetrator. The main focus of research was on how courts deal with
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domestic violence cases, although some data were also collected on the application of laws
by the police and prosecutors. The survey was conducted using both quantitative and
qualitative methods. The quantitative part included the collection of data from court files
and their analyses using descriptive statistics and the Pearson chi-square test.
The main dependent variables included: The types of domestic violence according to
Article 194 of the Criminal Code, arrest/pre-trial detention, duration of criminal
procedure, court decisions and criminal sanctions (indicators of the application of laws by
courts). The main independent variable is gender, whereas data on the offender, the
victim, the criminal offence, protection orders, victim support for prosecution,278 the
identification of the primary aggressor,279 etc. are examined as control variables (indicators
of potential other factors that influence the application of laws and decision making of
prosecutors and judges).
The sample included all available court files on women sentenced for the criminal
offence of domestic violence (Art. 194 of the Serbian Criminal Court) from selected basic
courts, i.e. former municipality courts,280 as well as a relatively random sample of available
court files where offenders of the same offence were men. Data obtained from the Serbian
Statistics Bureau served as the basis for determining the sample.
Since the author largely depended on the court administration and the availability of
court files, it was not possible to create a random sample of male defendants according to
the planned criteria by selecting every four male cases. Thus, the sample of male
defendants was generally created by randomly choosing from available cases while
ensuring that all forms of domestic violence were included.
Thus, a stratified random sample of men and women who were convicted during
2007, 2008 and 2009 (for a total of 1 317, of which 79 were women) was created,
including a total of 219. The sample consists of 166 men (75.8%) and 53 women (24.2%).
An oversampling of women was necessary in order to obtain enough relevant
information on the application of laws to women as perpetrators of domestic violence, as
well as to ensure that cases where women were convicted, although they were the
secondary aggressors, are included. It should be also noted that the sample included 67
percent of all women convicted in Serbia in the 2007−2009 period according to official
statistics.
Also, it is important to mention that the sample consists of both partner and non-
partner violence, including child abuse. As will be seen from the findings, this is important
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Although not required by law, it is a widespread practice that prosecutors and judges ask victims whether they
support prosecution.
279
“[The] primary aggressor is better described as the dominant or most significant aggressor at the scene of a
domestic violence crime when both parties have committed some sort of violence toward the other” (California
Alliance against Domestic Violence, 2000).
280
The cases included in the sample were processed by the municipality courts, which in 2010 were incorporated
into the basic courts. According to the recently adopted Law on the Organization of the Courts (2008), “Judicial
power in the Republic of Serbia is vested in courts of general and special jurisdiction. Courts of general jurisdiction
are basic courts, higher courts, appellate courts and the Supreme Court of Cassation” (Art. 11).
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Application of domestic violence legislation and gender
for the overall assessment of the application of domestic violence law as well as for the
comparison of its application in cases of partner and non-partner abuse.
Survey findings suggest that there is an impact of both gender and other factors on the
application of law on domestic violence by the criminal courts in Serbia. It is obvious that,
as in other countries, men are more often arrested and placed under pre-trial detention, as
well as sentenced to imprisonment and fine. However, there is no significant correlation
between gender and imprisonment, which suggests that other factors, such as the
seriousness of the violence, established continuity of violence and recidivism, have a more
decisive influence on these decisions. This is confirmed by data on the influence of other
factors. Courts imposed prison sentences more often in the cases where they treated the
offence of domestic violence as the part of a wider context of long-term violence. Survey
findings show a significant correlation between the type of violence and decisions on
arrest/pre-trial detention and sanction. Also, similarly as in other countries, the chances
that the perpetrator is arrested/placed under pre-trial detention and sentenced to prison
increase with the increase in the severity of the violence. Moreover, the fact that other
members of the family were abused (both adults and minors) in addition to the partner has
a strong impact on decisions on arrest/custody and sanctions. Research findings also
suggest, as in other countries, that alcoholism has a significant impact on the police
decision on arrest and the court’s decision on pre-trial detention, but not on decisions on
penalties or conditional sentences. Security measures aimed to provide medical treatment
of the perpetrator are not imposed on all those who committed violence in connection
with alcoholism. In contrast to the above-mentioned findings are findings that unlike in
other countries, suggest the lack of a significant connection between the use of weapons
and arrest, pre-trial detention and sanctions.
Similarly as in other countries, earlier convictions and reports of domestic violence
have the strongest impact on decisions on arrest/pre-trial detention and sentence. This
may indicate that the police and the judges believed that this constituted proof that the
domestic violence had a longer history, i.e. that it was more dangerous. Also, the impact
of earlier convictions for other violent crimes is identified. However, survey findings
suggest that the court mostly took into consideration legal recidivism of the offender.
The survey discovered some examples of good practice, particularly in taking into
consideration the history of violence and the non-conviction of women who were
reported by their abusers. These examples may be used for training the police, prosecutors
and judges; the judges who applied these good practices can be involved in this training.
Moreover, this survey shows important gender implications in the application of
domestic violence law in Serbia rather than direct discrimination against women. These
implications are generally related to the inappropriate treatment of cases where there is
continuous violence (usually male violence against women), as well as cases of mutual
violence where the victim (usually male) is the primary aggressor yet the woman is
convicted although the primary victim. It is clear that the police, prosecutors and judges,
similarly as in some other countries, do not understand the history of violence, power and
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control in male-female relationships, which has serious negative consequences on how

they apply domestic violence laws.
The survey also exposed the lack of some highly important information in the court
files, but also in the public prosecutor’s and police files, and how this may have negative
consequences for monitoring the application of domestic violence laws. This lack is partly
explained by the lack of or underdeveloped inter-sector cooperation and exchange of
information, particularly between the civil and the criminal courts, and partly due the fact
that the police, public prosecutors and judges are not obliged to keep records of important
information.
Missing information includes, in particular, the following: detailed information about
the victim, including any previous abuse by the offender (if the primary aggressor) and the
impact that the domestic violence had on victim; information on the protection order;
information on related parental right/child custody procedures initiated or measures taken,
as well as other child protection measures taken; and information on the presence of a
representative of a victim support organization. Also, information about victim/witness
protection measures initiated and/or applied was available only in several court files and
mostly relates to the protection of minor victims. However, since the courts are not
obliged to keep records of this important information, it is difficult to assess whether or
not these measures failed to be applied or whether the information was missing.
Since in Serbia, it is not obligatory to notify the victim about the release of the
perpetrator, it is not unusual that this information was unavailable in the court files. The
identification of this missing information is very important, not only for notification, but
also for future (court) monitoring activities. It is particularly important as the basis for
advocacy for the advancement of a Serbian criminal justice data-recording system in
general and in particular in relation to domestic violence.
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79
Consequences of domestic violence
G. S. Venumadhava and Ravikanth B. Lamani
Introduction
Domestic violence is a world phenomenon. It is a fact of life in all societies and across
all cultures, irrespective of economic status and training. In a developed country like
America also Women are six times more likely to get violated by intimate partners than
men. However reports generated by some surveys are highly controversial as they are
directly related with the way queries are worded in survey forms, the way they are
conducted and other such factors. It has been found that in America twenty percent of all
crimes which happen with women are cases of intimate partner violence, while only three
percent of men get affected by the same.
Domestic violence during pregnancy can be very non- specific and thus not easily
diagnosed by medical practitioners. But it is relatively common in all societies. Violence at
this age manifests in various ways like late booking in hospitals, delay in providing medical
aid for injuries, non-attendance at appointments, aggressive partners, vaginal tears,
bleeding, STDs, miscarriages, pain and tenderness. Domestic violence can also damage the
fetus and lead to psychological damage, premature births and ruptures and have far
reaching effects like life time ill health etc. in India there is a crime against women in
every three minutes, one rape every twenty nine minutes and one recorded It can also
damage the minds of existing children. Illegal pregnancies and adoption issues are also a
facet of abuse and violence.
In India, dowry death occurs every seventy seven minutes. Cases of cruelty meted out
by husbands and in laws are seen in every nine minutes. Patriarchal terrorism where one
partner uses economic and social power to maintain control over another human is very
common in India and other Asian countries due to the subservient status of women. On
an average at least three women are found killed or murdered by their partners every year
in all countries. Instances of physical abuse are also found more in women compared to
men.
Consequences against Women

Battered women have tendency to remain quiet, agonized and emotionally disturbed
after the occurrence of the torment. A psychological set back and trauma because of
domestic violence affects women’s productivity in all forms of life. The suicide case of
such victimized women is also a deadly consequence and the number of such cases is
increasing. A working Indian woman may drop out from work place because of the ill-
treatment at home or office, she may lose her inefficiency in work. Her health may
deteriorate if she is not well physically and mentally. Some women leave their home
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immediately after first few atrocious attacks and try to become self-dependent. Their
survival becomes difficult and painful when they have to work hard for earning two meals
a day. Many such women come under rescue of women welfare organizations like
Women Welfare Association of India (WWAI), Affus Woman Welfare Association
(AWWA) and Woman’s Emancipation and Development Trust (WEDT). Some of them
who leave their homes are forcefully involved in women trafficking and pornography.
This results in acquiring a higher risk of becoming a drug addict and suffering from
HIV/AIDS. Some of course do it by their choice.
One of the severe effects of domestic violence against women is its effect on her
children. It is nature’s phenomenon that a child generally has a greater attachment towards
the mother for she is the one who gives birth. As long as the violence subjected to the
mother is hidden from the child, he/she may behave normally at home. The day when
mother’s grief and suffering is revealed, a child may become upset about the happening
deeply. Children may not even comprehend the severity of the problem. They may turn
silent, reserved and express solace to the mother. When the violence against women is
openly done in front of them since their childhood, it may have a deeper and gruesome
impact in their mindset. They get used to such happenings at home, and have a tendency
to reciprocate the same in their lives. It’s common in especially in rural homes in India
which are victimized by the evil of domestic violence. In cases of Intimate Partner
Violence (IPV), violence against women leads them to maintain a distance from their
partner. Their sexual life is affected adversely. Many of them file for divorce and seek
separation which again affects the life of children. Some continue to be exploited in lack
of proper awareness of human rights and laws of the constitution.
Consequences of Violence against Men

The consequences against violence against men in India, is largely emotional and
psychological in nature. The physical harassment resulting from domestic violence, also
affects their lives and productivity but it is still more inclined towards the emotional
problems which men face in India. It is largely because many such cases go unreported, as
compared to cases of physical assault of women. An emotionally harassed and depressed
man may lose interest in the occupation he is associated with. If he is the only bread-
earning person in the family, the family may find it difficult to survive. There has been a
spate of farmers’ suicide in recent years in Karnataka. Several farmers have committed
suicide not only because of indebtedness but also because of discord in family and
depression resulting out of it. According to statistics of Save India Family Foundation (an
NGO), around 1.2 lakh harassed husbands have committed suicide in the country in the
last four years.
Girls also develop a feeling of insecurity in their homes when they are sexually
exploited. They lose their self-confidence and desire for living. A girl child from violent
home can withdraw from society and become completely depressed. Children from
violent homes become disobedient and violent – and start using aggression to solve their
problems. Adolescents may succumb to drugs and alcohol when treated harshly. Some
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helpless and abandoned children are picked up gangs who sell their organs for making
huge amount of money. In most of the cities, the groups of beggars at traffic lights or
railway platforms are the abandoned children who are physically deformed forcefully for
begging. The children who escape being a part of this vicious circle are looked after by
children welfare organizations like, Indian Child Welfare Association (ICWA), Child
Relief and You (CRY) and Child Line etc.
Consequences of Violence against Older persons

The elderly abuse is one of the most unfortunate happening for the elderly class in
their lives. They would rather like to be more at ease and calm in this phase of their life
than being prone to such kind of shameful treatment by the family or society. Ironically
elderly class itself also indulges in harming each other. Many of the elderly men continue
to beat and harass their wives throughout their lives. Some of the olds are ousted from
home by their children, some are beaten until death and some are exploited socially. A
sense of insecurity dodges them all the time. They are isolated and cut off from society in
some cases where son and daughter-in-law do not let them interact and move around
freely in the society. The old people are not looked after properly and their health
problems are neglected. Due to the abuse and mental trauma they suffer, some of them
leave home and stay in old age homes like Help Age India, Senior Citizen Home
Complex Welfare Society (SCHCWS) and many others.
Effect of Domestic Violence on the Society

All the different forms of violence discussed in this essay adversely affect the society.
Violence against women may keep them locked in homes succumbing to the torture they
face. If they come out in open and reveal the wrong done to them for help and rescue, it
influences the society both positively and negatively. At one hand where it acts as an
inspiration and ray of hope for other suffering women, on the other hand it also spoils the
atmosphere of the society. When something of this kind happens in the society, few
families may witness the evil of domestic violence knocking their door steps. Some
families try to imitate what others indulge in irrespective of it being good or bad for the
family.
Effect on the Productivity

As mentioned earlier, domestic violence affects the productivity level of the victim
negatively. Men and women lose interest in household activities. If they are employed
they fail to work with full capabilities in workplace. Children are found to concentrate less
on studies. They drop out of school and do not get the education which otherwise they
might have got if they were not tormented and thus the country loses a productive asset.
Therefore, the nation’s productivity altogether gets affected because of domestic violence
in homes. When old people are tortured and physically abused, they separate themselves
from family members and their daily activities are restricted to themselves. The
guardianship they can provide out of their experience, the moral values which they can
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instill in the grandchildren are all not done as they are unwanted in their own homes.
People need to spend their part of income for medication when they are met with worse
forms of domestic violence which again leads to loss in productive use of a family’s
income. The cumulative effect of the domestic violence at all levels and across all regions
is the country’s hindered development and slow economic growth.
Domestic Violence
Twenty years ago, little empirical knowledge about intimate partner violence existed,
conceptual explanations for relationship violence were not well thought out, and social
workers were ill trained for dealing with the problem. Domestic violence, at that time,
was private and seen as a family problem and personal issue. Today, students and social
workers can benefit from research findings and years of practice experience that were not
available two decades ago. The implications of domestic violence for social workers are
significant; many of the individuals we work with will be or have been affected as primary
and secondary victims. Many of our male clients have battered their partners. Many of us
have felt the impact of violence in our own families. Criminologist must have insight into
the problem of domestic violence to effectively work toward ending relationship violence.
Interventions that might alleviate domestic violence should be applied at all levels: micro,
mezzo, and macro.
Criminologists should be aware of the following points

• Domestic violence is a common crime.
• Domestic violence is usually gender based.
• It’s about power and control, not just conflict or anger.
• Domestic violence harms children.
• Not all battered women are helpless and weak, and they are not crazy.
• Battered women are often blamed for the violence.
• People with disabilities may be at very high risk for domestic violence.
• Economics matter leads domestic violence.
• Batterers are not all alcoholic, they can usually control their anger, and they are
often charming and manipulative.
• Social change must be a key component in ending domestic violence.
Intervention can end Domestic Violence and Protect Lives

Domestic violence is the use of power and control by one partner over another in an
intimate relationship. The dominant partner uses physical, sexual, emotional, psychological
abuse and economic control as means to manipulate the subordinate partner. According to
the Bureau of Justice Statistics, women are the majority of victims in domestic violence. In
2008, 4.3 female victims per 1,000, as opposed to 0.8 male victims per 1,000, were
reported. Social workers have a significant role to play, intervening in domestic violence
situations.
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Screening for Intimate Partner Violence

Social workers screen men and women who enter treatment facilities for abuse,
alcohol and drug related problems to determine signs of domestic violence. They address
questions concerning alcohol consumption, illegal drug use, gun ownership in the home,
emotional and physical abuse, control, and the treatment of children. The questions asked
also draw the attention of the patient to potential and imminent danger in such an
environment. Social workers assess the situation and implement intervention.
Assessment of Victim's Case

If the evidence indicates domestic violence, the caseworker analyzes the situation in an
attempt to prevent further abuse---necessary to protect the victim's life and well-being.
The caseworker assesses the victim's situation: pattern and frequency of abuse, exigent
needs, the effect of abuse on emotional and physical health, future endangerment to life,
access to support organizations for the abused. The social worker does not resolve the
issues, but rather provides support, counseling and therapy for the victim.
Intervention for the Victim

The social worker initiates a prevention and safety plan for the abused victim. The
caseworker educates the victim about emergency shelters, domestic violence hotlines,
protection orders and financial independence. The safety plan includes the following:
finding a safe exit in the home in case of immediate danger, coordinating coded messages
with trusted friends or relatives to call 911, preparing ahead and taking along identification
documents in urgent situations, relocating with the children to an emergency refuge.
Treatment and Consequence for Abusers

The social worker can assign the abusive partner to a rehabilitation program either
through court mandated orders or voluntary participation. The program attempts to
rehabilitate the perpetuator's attitude and behavior, eradicating violent reactions.
Facilitators teach social problem-solving skills and communication techniques. At other
times, the consequence for the abuser is incarceration. Assault, harassment, coercion, rape
are criminal acts, and each state warrants punishment according to its laws.
Intervention for Children who Witness Domestic Violence

Children who witness violence in the home may suffer emotional, social and
psychological setbacks. Social workers screen children who enter emergency shelters with
their mothers for trauma. Identifying the child, assessing the situation and providing
therapy are actions for intervention. Social workers attempt to make children understand
that the violence is not their fault. They work with the children to achieve effective social
and coping skills and to maintain a healthy, stable relationship with the non-abusive
parent.
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Prevention and Management of Domestic Violence

The injuries, trauma, stigma, and psychological frustration associated with domestic
violence (e.g. spousal sexual abuse, child sexual abuse, wife battering, rape, etc.) call for
social work interventions. These interventions also help in reducing the incidence or
future occurrence of domestic violence. They include: (J. K. Mojoyinolaj. Soc. Sci., 13(2):
97-99 (2006)).
Crisis Intervention
Battered, raped, or sexually abused women or girls need urgent attention or
immediate care. Therefore, the social workers have the responsibility of assisting such
women get over their shock as quickly as possible. They should assist such victims to get
prompt medical treatments in the hospitals for their trauma or injuries sustained during
the violence.
Counseling
The social workers have the responsibility of working with both the abuser and the
victim (spouse or child). Through counseling, the social worker could determine the cause
of the abuse. They should help in counseling the victim and the abuser and try to work
through their problems. They should assist in building up the victims’ self-esteem and
allow them to decide what measures they want to take. Legal redress should be the last
option.
Safety and Protection of the Victims

Victims of domestic violence undergo emotional turmoil and fear as a result of
violence inflicted upon them. Hence, their feelings and potential for further harm should
always be of utmost consideration. Since they may not be able to protect themselves, the
social workers must give extra attention to their safety and protection. To this end, they
should help in making alternative arrangement for their living. As the victims may be
constantly afraid of where the violence takes place, such individuals may be helped to get a
new house or location where they will experience fewer tensions.
Psychotherapy
This is a form of psychological means for treating emotional problems associated with
domestic violence. As victims of domestic violence (e.g. sexually abused or raped
women/girl) may be stigmatized or feel ashamed, their wounded ego needs to be boosted.
To this end, the social workers have the responsibilities of reducing their emotional
problems (e.g. anxiety, fear, worry, depression, guilt, shame etc) through psychological
means such as reassurance, words of encouragement, advice and emotional support.
Psycho-education
Women need to understand the severity of domestic violence. Hence, social work
programmes need to be responsive to the abused women’s emotional state. Women need
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to be taught to re-evaluate their situations, to develops self-esteem and decide a resolution

for their problems. The social workers have to educate the victims to understand that
though, they were abused, they still need to relate with their spouse. They should be
properly educated on legal interventions. While doing this, the social workers should be
less judgmental. In other words, they should allow the victims to take their own course of
actions.
Role of Non-Government Organization (NGOs) in controlling the domestic

violence
The role of non-governmental organizations in controlling the domestic violence and
curbing its worse consequences is crucial. Sakshi – a violence intervention agency for
women and children in Delhi works on cases of sexual assault, sexual harassment, child
sexual abuse and domestic abuse and focuses on equality education for judges and
implementation of the 1997 Supreme Court’s sexual harassment guidelines. Women’s
Rights Initiative – another organization in the same city runs a legal aid cell for cases of
domestic abuse and works in collaboration with law enforcers in the area of domestic
violence. In Mumbai, bodies like Majlis and Swaadhar are doing meaningful works in this
field. Sneha in Chennai and Vimochana in Bangalore are working on many women’s
issues arising from domestic abuse. They are also doing active work in issues related to
labour. Services ranging from counseling, education and outreach, giving provisions, and
mobilizing them for gaining self-confidence are provided to them. Anweshi is a women’s
counseling centre in Kozhikode providing meditation, resource and counseling for
battered women. All the above bodies have their own registered offices, contact numbers
and websites for those who want to seek help. There are at present only few NGOs for
welfare of men like Social Welfare Association for Men (SWAM) in Chennai. Few more
such organizations need to be opened for the help of abused men.
Conclusion
Domestic violence may occur at the micro level, affecting one family at a time, but it
is also a macro problem, calling for interventions at all levels of social work practice. Yes,
social workers are involved in providing services to those directly involved in violent
families, but we also must be working at the community level and on policies that will
create a society that is less tolerant of domestic violence. The prevalence of domestic
violence mandates that social workers must develop adequate knowledge and skills to
respond to domestic violence, regardless of practice setting, in order to respond
appropriately to situations related to domestic violence.
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80
Victims of human trafficking in Thailand:
A study of women and children
Viraphong Boonyobhas
Introduction
Thailand, a democratic country in Southeast Asia with population of 67 million, once
she was the strongest economy in the region but now it changes because of political
problems and military coup déta. Moreover, for well economy and well-being of her
citizen she also faces with various serious problems which effect to the public peace of the
society that are crimes such as homicide, robbery, extortion, terrorist, trade of war
weapons, sexual offenses, drugs, economic crimes, human trafficking and money
laundering.
Among these serious crimes, human trafficking is the most serious one for suppression
because a lot of problems come across it such as HIV/AIDS, human rights, trade of
women and children, money laundering, organized crime, corruption, and illegal
immigration. It is still continue to expand to the detriment of both the exploited
individuals and integrity of the society as a whole.
It is generally accepted that not only Thailand but also all countries in Southeast Asia
are facing with a growing problems of illegal labour movement and in particular the most
pernicious form of these movement is trafficking in women and children.
As the matter of facts trafficking that causes problems for Thailand and neighboring
countries can be separated into two categories based on the final purposes of exploitation.
The first one is the trafficking for labour and the other is for sexual exploitation.
1. Trafficking for Labour Exploitation in Thailand

Thailand has been both the sending and receiving state in trafficking of labour. During
these two decades the exploitation of labour to Middle East, Japan Taiwan, Hong Kong,
Singapore, Brunei and other countries has been one of important national income sectors,
the amount of money sent back to Thailand by Thai workers abroad in year 2000
approximately US $2,000 million. Some were legally sent, while many were deceived and
exploited. The living conditions of those workers were poor and sub-standards. Many
were exploited by their employers. In many reported case, their wages were fraudulently
cheated either by the exporting agent or the employers. The worst were those who had
mortgaged or sold their land to pay for the trafficking fee and were sent to be stranded in a
foreign countries without jobs and means of living.
Men are trafficked to work abroad for higher salaries than they get at home. In the
initial state, agent legally sent them and received profit from employers. When the supply
inundated demand the exploitation by trafficker began. The notion of “plenty money”
Victims of human trafficking in Thailand
awaiting overseas was the temping bait for women to follow men to work overseas. They
were recruited to work as domestic servants or service girls in sex industry.
The women who worked as domestic servants were under the risk of being sexually
abused or harassed. Furthermore, the women working in brothels or entertainment places
in foreign countries for example Japan, Germany, United State etc. faced with a lot of
difficulties. Many of them were obtained and force to work as prostitutes against their will
without being paid. Many of them had to sleep with a specific number of customers to
pay back the trafficking cost at a very exorbitant rate set by the traffickers before they were
released from detention. The worst was the situation when the women had nearly paid all
debt to the traffickers, then they were sold to another trafficker or brothel owner and the
process of paying back the debt had to restart again.
At the same time, the economic development in Thailand had been more advanced
than some neighboring countries. This economic gap had created infuse of labour into
Thailand. Some migrant workers, particularly those from Bangladesh and Myanmar, were
trafficked through Thailand to Malaysia and Singapore and most of the migrant workers
were illegally brought into Thailand.
Another form of labour exploitation of which women and children were trafficked and
exploited was the begging business. Most of children who were exploited as beggars in
Thailand by organized crime syndicates were trafficked from Cambodia. They were lured,
promised or willing to be brought into Thailand to work as beggars. Some had to make a
payment to traffickers for trafficking management. When they were in Thailand they
could not work on their own but had to work under the control of some agents who
provide them with shelters and protection.
2. Trafficking for Sexual Exploitation of Women and Children in Thailand

Sexual industry in Thailand is rampant and become the biggest illegal business.
Although it is impossible to assess the exact size and the true value in fiscal term this
business has generated for the exploiters, the well-known fact is that this is the most
lucrative illegal business that hundred thousand of women and children. Even the number
of prostitutes (including males and children) is not exactly known. The numbers given by
several sources are vary ranging from 66,190 to 2,000,000 in the year 2000.
Trafficking women and children into the commercial sex industry is a very profitable
business with minimum risk. Many of victims of trafficking gave consent to the trafficked
in order to get better paid in another country. These women knew that what kind of
work they had to do and most of them agreed to pay back the inflated cost set by the
traffickers. Some paid back the debt by sleeping 400-500 customers. What most of them
did not know in advance was that they had to be detained against their will in brothels or
other promise until their debt had been fully paid. In case of working in foreign country
their passports were taken away and kept by the traffickers. Without travel documents in
addition to ignorance of foreign language and location made them vulnerable and
obedient preys of the traffickers. Some were even cheated although they had with the
agreed number of customers and they were not free because the traffickers or the
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“owners” cited the untold cost during the time they had worked in the brothels. And
many were resold to another brothel. The benefit that traffickers gained for each woman
was about ten times the cost which the traffickers had interested.
However, many of them did not consent to work as prostitutes but believed the words
of the traffickers that they would have a good jobs and also chances to travel abroad. The
women believed they were illegal labour immigrations with tourist visa. After they
realized they were to work as prostitutes, it was too late to turn back. However the ratio
had been vary according to time and situation. Take Japan for example, in the last decade
the ratio of women deceived and force to work as the prostitutes in Japan to the women
consent to be prostitutes there was roughly estimated as 90/10. Considering to the
situation of Thai children. The Thai children are difficult to be recruited on the matter,
due to the efforts of both government and NGOs on education and social programmes so
the traffickers turn to recruit foreign children for substitution. All the facts and data
received from victims of trafficking both women and children clearly indicated that
organized criminal syndicate played the major role in trafficking in women and children in
every part of the world.
Restitution of Victims of Crime in Thailand

All victims of crime including victims of human trafficking in Thailand are under these
laws. In Thailand, when someone talks about “victims of crime” in legal terms he usually
refers to them as “injured persons” because the Thai Criminal Procedure Code provides
in section 2(4) that: An “injured person” means a person who has received injury through
the commission in any offense. This includes any other person who has the power to act
on this behalf as provided in section 4, 5 and 6.
Section 4 of the Criminal Procedure Code provides:

In a criminal case where the injured person is a married woman, such woman has the
right to prefer a criminal charge without the permission of the husband.
Subject to the provision of section 5(2) the husband is entitled to bring a criminal
charge on behalf of his wife only with her express permission.
The following persons may act on behalf of the injured person:

• The legal representative or custodian, in respect only offences committed against
the minor or incompetent person under his charge;
• The ascendant or descendant, the husband or wife, in respect only of criminal
offences in which the injured person is so injured that he dies or is unable to act by
himself;
• The manager or other representative of a juristic person, in respect of any offence
committed against such juristic person.
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In a criminal case where the injured person is a minor having no legal representative,
or is a person of unsound mind or an incompetent person having no custodian, or where
the legal representative or custodian is unable to discharge his duty for any reason,
including conflict of interest with the minor or incompetent person, a relative of such an
injured person or an interested person many apply to the court to appoint himself as a
representative and litem.

Person specified in Section 4, 5 and 6 have the power to act on behalf of the injured
person according to the conditions provided in those sections as follow:
(1) To lodge a complaint;
(2) To institute a criminal prosecution or join with the Public Prosecutor in
a criminal prosecution;
(3) To enter a civil claim in connection with an offence;
(4) To withdraw a criminal charge or a civil claim in connection with an
offence;
(5) To compound a compoundable offence
The Thai Criminal Procedure Code defines the ‘injured person’ as a ‘victim’. Thus,
criminal justice plays a role in protecting the victim in a criminal case.
3. The Role of the Criminal Justice System in Protecting Victims in Thailand

The Thai legal system and criminal justice agencies and victims of crime in Thailand
were discussed above. Both parts explain the scope of Thai Law, hot criminal justice
agencies work and describe who the injured persons or victims are. Before discussing the
role of criminal justice system in protecting victims in Thailand, it is necessary to
remember that Thailand has many legal provisions concerned with the protection of
victims, especially victims’ rights, such as right to take legal steps provided for in sections
3, 4, 5, 6 of the Criminal Procedure Code, and the right to receive compensation and
restitution, which is provided in Act for the Granting of Compensation to Aggrieved
Parties and the Accused in a Criminal Case 2001
• In a criminal as, an injured person has the right to protection, proper treatment and
necessary and appropriate remuneration from the State, as provided by law.
• In the case where any person suffers an injury to the life, body or mind on account
of the commission of a criminal offence by other persons without the injured
person participating in such commission, and the injury cannot be remedies by
other means, such person, or his or her heir, has the right to receive aid from the
State, upon the conditions and in the manner provided by law.
In considering the role of the Thai criminal justice system in protecting victims
mention can be made of two kinds of victims’ rights: the right to be informed and to
participate in criminal justice proceedings; and the right to restitution and compensation
for injury.
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3.1 The Right to be informed and to participate in Criminal Justice

Proceedings
It was mentioned above that Thailand is a civil law counter, following the accusatorial
system of proceedings, and the right of crime victims to be informed is the most
fundamental right, without which the other rights and services available to them, seem to
be meaningless. However, there has been an increasing consensus among various countries
that it is necessary to change the current practices, which do not provide basic information
to crime victims about the status of their cases. To some critics, the underlying thinking
behind these changes, as a matter of fact, may not have resulted directly from the
recognition of the significance of the rights of victims of crime, as much as the fact that
the criminal justice system would benefit by treating the victims well. Results obtained
from much research have pointed out that the reason why victims of crime did not report
crime to the police was that they were apprehensive about how they would be treated,
and whether they would be believed. Moreover, the major reason why victims and
witnesses did not cooperate with the authorities was not because they did not want to
cooperate, but because they were intimidated by the criminal justice system, and being
uniformed as to what they were expected to do. As a result, they have been notable
improvements in the criminal justice system of many countries, with regard to new
developments designed to address victims’ needs for better treatment and more
information, as well as to address the need of the State to have cooperative witnesses.
However, even though such developments are very much welcomed, it should be
noted that crime victims do not just want to be treated more kindly, but to be able to
participate in the criminal justice system. In this aspect, there has been heated debate on
whether or not, and to what extent, this should be allowed. Advocates of the right of
victims to participate in the criminal justice process present a host of arguments in their
favor, ranging from the moral to penological. There is some argument that sentencing will
be more accurate if victims convey their feelings, and that the criminal justice process will
be more democratic and better reflect the community’s response to crime. The participant
of victims will also remind judges and Prosecutors that there is a real person with an
interest in how the case is resolved. It may also lead to increased victim satisfaction and
cooperation with the criminal justice system, thereby enhancing the system efficiency.
Moreover, when the court hears from the offenders’ family and friends, fairness dictates
that the people who were actually injured should be allowed to speak. Some researchers
have also suggested that participation also promotes the psychological healing of victims, as
well as the rehabilitation of offenders, as they confront the reality of the harm they caused
their victims.
On the other hand, opponents of the movement have also pointed out many reasons
for their disagreement. For instance, some have suggested that victim participation might
disrupt court proceedings, exposing the court to public pressure from which it should be
insulated. Moreover, critics are afraid the court may be prejudiced by the presence of
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victims; and thus diminish the quality of justice. Prosecutors and judges may be wary of
victim participations, since it means that their control over cases will be eroded.
3.2 The Victim’s Right to information

As a matter of fact, the right of victims to be informed has not been legally guaranteed
in Thailand yet. In practice, however, victims are given some type of information,
according to the internal policy or directives of each criminal justice agency. In the
writer’s opinion, there would be no strong objection to the enhancement of the right of
crime victims to be informed of status of their cases; however, there has been inadequate
attention to its improvement by the relevant authorities. This may be because of the lack
of understanding on crime victims on the part of Thai criminal justice officials. As far as
notification of the termination of investigation proceedings and decisions of the
Prosecution whether or not to prosecute the suspect are concerned, crime victims are not
automatically entitled to be notified by the police of the termination of proceedings, not
do they automatically receive any notification from the Prosecution on whether or not the
cases will be prosecuted. Practices vary from office to office on this matter. With regard to
the right to know the reasons for non-prosecution of a case, section 146 of the Criminal
Procedure Code provides the injured person (victim) the following right: The final non-
prosecution order shall be notified to the alleged offender and the injured person; if the
alleged offender is kept in custody or detained, measures shall be taken to set him at
liberty, or application be made to the court to release him, as the case may be. The aim of
this provision is to make the Prosecutor’s decision not to prosecute more transparent, as it
may be checked by the injured party. Moreover, this may allow the injured party to
decide whether or not he will start his own private prosecution. Apart from the above
right to information, the writer believes that it is also necessary to keep victim of crime
informed of the outcome of the court proceedings and the release of the offenders from
custody.
3.3 The Victim’s Right to Participation in Criminal Proceedings

There is a heated debate in various countries regarding whether or not victims of
crime should be allowed to participate in judicial proceedings. In Thailand, where the
concept of a private prosecution still exists, as stipulated in the Criminal Procedure Code,
victims of crime have the full right to bring their cases to the court themselves as joint
Public Prosecutor. Although the criminal procedure laws of Thailand were modeled after
civil law system, many elements of the common law were present in the laws as well as in
its practices, including the concept of private prosecution.
With reference to Thai criminal procedure, the victims of crime have the full right to
bring case to court by themselves without having to initiate a complaint to the police. In
Thailand, criminal offenses have been classified in to two types: compoundable and non-
compoundable offenses. Compoundable offenses are non-serious crime, while non-
compoundable offenses are more serious crimes which have a more adverse impact on
society. For compoundable offenses, the decision on whether or not to initiate criminal
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proceedings remains fully in the hands of the injured party. The injured party may either
request the police to proceed with criminal investigations by submitting a complaint to the
police, or he or she may prosecute the case directly in the Criminal Court on his or her
own. Without a complaint from the injured party, neither the Police nor the Prosecutor
can start investigations or a prosecution. In addition, if the injured party decides to
withdraw the complaint during any stage of the criminal proceedings, the case will be
dismissed.
With regard to non-compoundable offenses, however, the main responsibilities of
criminal prosecution remain with the State throughout the proceedings. The injured
party, however, can still play a role in the criminal proceedings. For instance, apart from
being able to file a complaint to the police or file a separate suit directly to the court, the
injured party can also submit a request to the court for permission to join in the
Prosecution’s case as a ‘joint Prosecutor’. The Prosecutor, however, is in charge of the
case, and can make a request to the court to withdraw the status of joint Prosecutor from
the injured party. If he or she thinks that the injured party may jeopardize the case.
In reality, not many cases are brought to the court through the channel of private
prosecution. This is because of the high costs of litigation, and the lack of investigative
facilities and capabilities on the part of the injured party.
3.4 The Right to Restitution and Compensation for injury

It is generally accepted that victims suffer damage from crimes in terms of bodily injury
or death, or loss of property and mental suffering. Such suffering definitely causes some
damage and financial costs to the victims. It is only fair to say that such damages and
financial costs should be left unaddressed, but where appropriate, offenders should make
fair restitution to victims, their families or dependants. Such restitution should include the
return of property or payment for the harm or loss suffered, and reimbursement of
expenses incurred as a result of the victimization. To obtain such restitution, many
jurisdictions allow the consideration of civil claim in criminal proceedings or by the
issuing of a restitution order directly from the court. Apart from claiming directly from the
offenders, who are unable to pay their dues, crime victims may generally be entitled to
compensation from the State for monetary relief, separate from the apprehension and
conviction of the offender.
3.5 Restitution and Compensation be Civil Action in Criminal Procedure

The injured party in Thailand is now allowed to enter into the so-called ‘parties
civile’, a procedure whereby the victim can pursue a civil claim against the offender at the
same time, and in the same proceedings as the criminal trial. However, Thai criminal
procedure allows the Prosecution, in some types of offenses, such as in the case of theft,
robbery, gang-robbery, piracy, extortion, cheating and fraud, criminal misappropriation
and receiving stolen property, to apply for restitution of the property or the value thereof,
on behalf of the injured party. A civil case can also be instituted by the injured party in
connection with the criminal case. In reality, however, it is too difficult to use such an
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avenue to obtain restitution, since the injured party would need to have assistance from a
lawyer, and the lengthy civil proceedings would deter such practices.
3.6 The Injured Party and Restitution

A restitution order, issued directly by the criminal court, which states that the offender
should compensate the victim, is another method that, if available, would directly assist the
victim of crime in obtaining restitution. Before the enactment of a new law in 2011, there
were no statutory provisions in Thailand allowing the courts to issue such an order. In
some countries, in order to assist victims of crime, the court may, on their own initiative
and discretion, issue a compensation order. Restitution, in the writer’s opinion, is an
effective measure if appropriately used. It may serve rehabilitative and punitive purposes. It
is a good way to alleviate harm done to the victim, and may provide a constructive way
for the offender to be held accountable for his actions.
3.7 Act for the Granting of Compensation to Aggrieved Parties and Accused in
Criminal Cases 2001
Although crime victims are entitled to the choice of ‘partie civile’ or applying for a
restitution order as mentioned above, in reality, it would be difficult for them to receive
restitution or any compensation at all. This is because in many criminal cases offenders
cannot be identified and brought to justice. Moreover, offenders may lack enough money
to pay for the damage done to their victims. The victims themselves also may not be able
to collect enough evidence to sustain a civil action, or hire a lawyer. For those reason,
state compensation is a necessary means of providing financial relief for victims of crime.
As the result of the section 245 of the Thai Constitution 1997, a new law was enacted,
entitled Act for the Granting of Compensation to Aggrieved Parties and Accused in Criminal Cases
2001. The main features of this new Act are summarized below.
Act for the Granting of Compensation to Aggrieved Parties and Accused in Criminal Cases
2001, applied to two kinds of victim of crime: “injured persons” (victim of crime) in a
criminal case; and an accused who is a victim of the criminal justice system (a scapegoat).
An “injured person” is defined to mean a person who was injured by the offense of
homicide, bodily harm, sexual assault, and does not participate in committing the said
crime. The kinds of restitution that can be granted to injured persons are as follows:
• Restitution for medical treatment to cure the bodily harm suffered by the injured
person;
• Restitution for death;
• Restitution for inability to work;
• Other kinds of restitution which the injured person can prove.
An “accused who is a victim of the criminal justice system” is defined to mean a
person who is prosecute by the Public Prosecutor, but some evidence later arises showing
that he is innocent.
The compensation and expenses granted to the accused are as follows:
• Compensation and expenses for time spent in custody of 200 Bht. Per day;
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• Compensation and expenses for treatment and mental rehabilitation for injuries
directly caused from being a victim of the criminal justice system;
• Compensation and expenses for the death of an accused who is a victim of the
criminal justice system for an amount not exceeding what is provided for in
Ministerial Regulations;
• Compensation and expenses for inability to work while staying in custody;
• Compensation and expenses for the costs of undergoing legal proceedings.
4. Damages for the Injured Person and Compensation and Expense for the
accused in the Criminal Case Act, B.E. 2544 (2001)
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas
it is expedient to have a law on the damages for the injured person and compensation and
expense for the accused in criminal case; This Act contains certain provisions in relation to
the restriction of right and liberty of person, in respect of which Section 29 in conjunction
with Section 31, Section 34, Section 37 and Section 39 of the Constitution of the
Kingdom of Thailand so permit by virtue of law; Be it, therefore, enacted by the King, by
and with the advice and consent of the National Assembly, as follows:
Section 1: This Act is called the “Damages for the Injured Person and Compensation and
Expense for the Accused in Criminal Case Act, B.E. 2544 (2001)”.
Section 2: This Act shall come into force as from the date following its publication in the
Government Gazette.281
Section 3: In this Act, a) “Injured person” means a person whom his or her life, body or
mind has been injured by the criminal offense committed by other persons whereby such
person is not involved in committing such offense; b) “Accused” means a person who has
been sued to the Court that he or she had committed a criminal offense; c) “Damages”
means money, property or other benefit which the injured person is entitled to receive in
order to compensate damage caused by, or due to, a criminal offense committed by other
persons; d) “Compensation” means money, property or other benefit which the accused is
entitled to receive because he or she has been being the accused in the criminal case and
has been taken into custody during trial, but the final judgment to such case stating that he
or she did not commit such offense or an act done by the accused is not an offense; e)
“Office” means the Office of Financial Assistance for the Injured Person and the Accused
in the Criminal Case; f) “Committee” means the Committee Determining Damages for
the Injured Person and Compensation and Expense for the Accused in the Criminal Case;
g) “Member” means a member of the Committee Determining Damages for the Injured
Person and Compensation and Expense for the Accused in the Criminal Case; h) “Public
prosecutor” means the public prosecutor under the law on public prosecutor and the
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Published in the Government Gazette Vol. 118, Part 104a, page 23, dated 12th November B.E. 2544 (2001)
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military prosecutor under the law on constitution of the military court; i) “Competent
official” means a person appointed by the Minister for the execution of this Act; j)
“Minister” means the Minister having charge and control for the execution of this Act.
Section 4: The Minister of Justice and the Minister of Finance shall have charge and
control for the execution of this Act and shall have power to issue the Ministerial
Regulation, regulation and notification and to appoint the competent official for the
execution of this Act.
Such Ministerial Regulation, rule and notification shall come into force upon their
publication in the Government Gazette.
Chapter I - General Provisions

Section 5: Any request or entitlement to right or benefit under this Act shall not affect any
right or benefit of the injured person or the accused under other laws.
Section 6: In the case where the injured person or the accused has died before receiving
damages, compensation or expense, as the case may be, the right to request for, and
receiving of, damages, compensation or expense shall devolve on their heirs in accordance
with the regulation determined by the Committee.
Chapter II - Committee Determining Damages for the Injured Person and

Compensation and Expense for the Accused in the Criminal Case
Section 7: There shall be a committee called the “Committee Determining Damages for
the Injured Person and Compensation and Expense for the Accused in the Criminal
Case”, consisting of the Permanent Secretary of the Ministry of Justice as Chairperson, a
representative of the Royal Thai Police, a representative of the Office of the Judiciary, a
representative of the Office of the Attorney-General, a representative of the Ministry of
Finance, a representative of the Department of Provincial Administration, a representative
of the Department of Probation, a representative of the Judge Advocate General’s
Department, a representative of the Department of Corrections, a representative of the
Department of Labor Welfare and Protection, a representative of the Lawyers Council of
Thailand, and not more than five qualified members as appointed by the Council of
Ministers upon the advice of the Minister. A person of apparent experience in the field of
medicine, social welfare and protection of right and liberty of people shall be appointed as
a qualified member at least one from each field.
The Chairperson shall appoint the government official attached to the Ministry of
Justice as secretary to the Committee and may appoint not more than two other persons as
assistant secretaries to the Committee.
Section 8: The Committee shall have the powers and duties as follows:
• to determine damages, compensation or expenses under this Act;
• to recommend the Minister related to the measure in protecting right of the
injured person in the criminal case and the issuance of the Ministerial Regulation,
regulation and notification for the execution of this Act;
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• to make written inquiry or summon any person to testify or submit relevant

document or evidence or data or otherwise as necessary for its consideration;
• to carry out any performance in order to serve the purpose of this Act. The
Committee may entrust the Office to carry out any duty under this Section on its
behalf.
Section 9: A qualified member holds office for a term of two years. A qualified member
who vacates from office may be reappointed.
Section 10: Apart from vacating office under Section 9, a qualified member vacates office
upon: (1) death; (2) resignation; (3) being removed from the office by the Council of
Ministers upon the advice of the Minister due to negligent or dishonest in the discharge of
duty, disgrace behavior or incapability; (4) being a bankrupt; (5) being an incompetent or
a quasi-incompetent person; (6) having been sentenced by a final judgment of the Court
to a term of imprisonment, except for an offence committed through negligence or a
pretty offence.
Section 11: If there is the appointment of the qualified member while the appointed
qualified members remain in office, such person shall hold office for the remaining term of
the appointed qualified member.
Section 12: At the expiration of term of office, if the newly qualified members have not
been appointed, the qualified members who vacate office shall remain in office to
continue their duties until the newly qualified members have been appointed
Section 13: At a meeting of the Committee, the presence of not less than one-half of the
total number of the members shall constitute a quorum. If the Chairperson is unable to
attend the meeting, or is unable to perform his or her duty, the members shall select one
among themselves to preside over at the meeting. A decision shall be made by a majority
of votes. In casting vote, each member shall have one vote. In case of an equality of votes,
the person who presides over at the meeting shall cast an additional vote as a casting vote.
Section 14: The Committee may appoint a sub-committee for the consideration or
execution any matter as may be entrusted by the Committee.
The provisions of Section 13 shall be applied mutatis mutandis to the meeting of the
subcommittee.
Chapter III - Office of Financial Assistance for the Injured Person and the
Accused in the Criminal Case
Section 15: There shall establish the Office of Financial Assistance for the Injured Person
and the Accused in the Criminal Case in the Ministry of Justice having the powers and
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duties as follows: (1) to perform secretariat work for the Committee and sub-committee
under this Act; (2) to receive the request for damages, compensation and expense and
make recommendation thereon to the Committee and sub-committee; (3) to coordinate
with other government agencies or other person so as to acquire fact or opinion on the
request for damages, compensation and expense; (4) to keep, collect and analyze data
related to the payment of damages, compensation and expense; (5) to perform other duties
as entrusted by the Minister, the Committee or the subcommittee.
Section 16: If the Office is of opinion that there is necessary to enter the proceedings
under this Act, the Ministry of Justice may appoint its official with not lower than
bachelor degree in law to precede the case or related performance as entrusted by the
Ministry of Justice. Such appointment shall be informed to the Court. To enter the
proceedings under this Section, the Court fee is gratis.
Chapter IV - Payment of Damages for the Injured Person in the Criminal Case
Section 17: The offence which entitles the injured person to request for damages shall be
the offense as prescribed in the list attached to this Act.
Section 18: The damages under Section 17 are as follows: (1) the expense as necessary for
medical treatment, including expense for physical and mental rehabilitation; (2) the
compensation for the death of the injured person not exceeding the amount as prescribed
by the Ministerial Regulation; (3) the compensation for the lost earning during the period
the injured person is unable to conduct his or her earning power as usual; (4) other
compensations as the Committee thinks fit; under the rule, procedure and rate as
prescribed by the Ministerial Regulation.
After having considered the circumstance and gravity of the offense and injury of the
injured person as well as the chance in which such injury shall be alleviated by other
means, the Committee shall determine whether the damages may be granted to the
injured person or not and the amount to be paid.
Section 19: If it appears later that the act claimed by the injured person for damages is not
the criminal offense or there is no such act, the Committee shall notify the injured person,
in writing, to return the received compensation to the Ministry of Justice within thirty
days as from the date of receiving such notification.
Chapter V - Payment of Compensation and Expense to the Accused in the

Criminal Case
Section 20: The accused who is entitled to compensation and expense under this Act shall:
(1) be the accused prosecuted by the public prosecutor; (2) being in custody during trial;
and (3) not being the person who committed the offense upon clear evidence and the
charge has been withdrawn during trial or the final judgment of such case stating that the
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fact to the case is conclusive that the accused is not the person who committed the offense
or such act is not an offense.
If, in the case where there are many accused person and any of such person has died
before the final judgment has been made, the Committee has determined the
compensation and expense to be paid for the accused that still alive and such circumstance
related to the nature of the offense, the death accused shall entitle to the compensation and
expense under this Act.
Section 21: The compensation and expense under Section 20 are as follows: (1) the
compensation in lieu of custody which shall be calculated upon the number of custody
days at the same rate as prescribed for the confinement in lieu of fine under the Penal
Code; (2) the expense which is necessary for medical treatment, including expense for
physical and mental rehabilitation if the illness of the accused is the immediate effect of the
proceedings; (3) the compensation in the case where the accused is dead and the death is
the immediate effect of the proceedings. In this case, the compensation shall not exceed
the amount as prescribed in the Ministerial Regulation; (4) the expense for the lost
earning during the proceedings; (5) other expenses as necessary for the proceedings; under
the rule, procedure and rate as prescribed by the Ministerial Regulation; provided that
otherwise prescribed by law.
In the case where there is a request to recover the lost right which is the immediate
effect of the judgment, the Committee shall determine the compensation in lieu of such
right as appropriate if it is not possible to recover such right as requested.
After having considered the circumstance of the case, grievance of the accused and the
chance in which the accused shall be alleviated by other means, the Committee shall
determine whether the damages may be granted to the accused or not and the amount to
be paid.
Chapter VI - Submitting a Request, Request Consideration and Appeal
Section 22: The injured person, the accused or their heir who sustain injury is entitled to
request for damages, compensation or expense under this Act. The request to be made in
the form specified by the Office shall be submitted to the Committee via the Office
within one year as from the date the committed offense has known to the injured person
or the date the Court has permitted to withdraw the case upon clear evidence that the
accused is not the offender or the date the final judgment which stating either the accused
is not the offender or the act of the accused is not an offense has been given, as the case
may be.
Section 23: In the case where the injured person, the accused or their heir who sustain
injury is incompetent and unable to submit the request personally, the legal representative
or guardian, ascendant, descendant, husband or wife or other persons appointed in writing
by the injured person, the accused or their heir who sustain injury, as the case may be,
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may submit a request for damages, compensation or expense on behalf thereof in

accordance with the regulation determined by the Committee.
Section 24: The rule and procedure on submitting and considering a request shall be in
accordance with the regulation determined by the Committee which is approved by the
Minister.
Section 25: If the person who makes a request does not agree with the decision of the
Committee, such person is entitled to appeal to the Court of Appeal within thirty days as
from the date such person has been informed the decision. The decision of the Court of
Appeal shall be final.
The appellant may, in submitting the appeal under paragraph one, submit the appeal to
the Office or the Changwat Court having jurisdiction over the domicile of the appellant
in order to submit the appeal to the Court of Appeal. Such submission shall be deemed as
the submission of appeal to the Court of Appeal under paragraph one.
In adjudicating the appeal under paragraph one, the Court of Appeal shall have the
power to make an inquiry for additional evidence by taking evidence on its own or
appointing the Court of the First Instance in so doing on it behalf as it thinks fit.
Chapter VII - Competent Official
Section 26: The competent official shall, in the performance of duty under this Act, have
power as follows: (1) to take statement from any person who make a request for the fact
related thereof; (2) to inquire in writing or summon any person to testify or send relevant
document or evidence or information or other things necessary for consideration.
Section 27: The competent official shall, in the performance of duty under this Act, be the
competent official under the Penal Code.
Chapter VIII - Penalties
Section 28: Any person who submits a request for damages, compensation or expenses
with fault statement shall be liable to imprisonment for a term of not exceeding three years
or to a fine of not exceeding sixty thousand Baht, or to both.
Section 29: Any person who gives or expresses fault statement or evidence related to the
request for damages, compensation or expense under this Act to the Committee, sub-
committee or competent official shall be liable to imprisonment for a term of not
exceeding three years or to a fine of not exceeding sixty thousand Baht, or to both.
Section 30: Any person who fails to give statement or fails to send a letter in response of
the inquiry, document, evidence or information or other necessary things in accordance
with the order of the Committee, sub-committee or competent official without
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reasonable excuse shall be liable to imprisonment for a term of not exceeding six months
or to a fine of not exceeding ten thousand Baht, or to both.
Transitory Provision
Section 31: At the outset, the Ministry of Justice shall entrust any agency attached thereto
to perform the powers and duties of the Office until the completion of the establishment
of the Office which shall complete within one year as from the date this Act come into
force.
List attached to the Damages for the Injured Person and Compensation and
Expense for the Accused in Criminal Case Act, B.E. 2544
The offense committed against the injured person which entitles the injured person to
request for compensation under Section 17, viz. the offense under the Penal Code, Book
II, Specific Offenses:
Title IX Offense relating to Sexuality, Section 276 to Section 287;
Title X Offense against Life and Body;
Chapter 1 Offense causing Death, Section 288 to Section 294;
Chpter 2 Bodily Harm, Section 295 to Section 300;
Chpter 3 Abortion, Section 301 to Section 305;
Chpter 4 Abandonment of Children, Sick or Aged Persons, Section 306 to Section
308.
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e l V
Pan
Interpersonal Cyber Crimes :

Problems of Social Networking
SASCV 2013
81
Linking Cyber Crime to the Social Media:
A Case Study of Victims in Kolkata
Amrita Sen
Introduction
Cyber stalking may be defined as an online act of deviance in which an individual is
deliberately stalked or harassed and it involves activities such as theft, surveillance,
monitoring and false accusations. In recent days the increasing use of the social networking
sites has helped to widen this problem through leaps and bounds. Despite enormous
attention of mass media to stalking, there has not been much research on this topic and
our limited knowledge about stalking is slowly advancing. The available literature on
stalking suggests that although nothing can be concluded, 80% of the stalkers are male, in
their 30s and are unemployed. Albers Miller (1966) has noted that the lack of fear of
punishment in a society engages a person in inappropriate behavior and internet nowadays
has paved the way to such form of open aberrant behavior. Our place of study being
India, or to be more precise Kolkata282, the results of the study shows that most often the
stalkers have the opportunity to get away with their crimes due to lack of punishment. As
compared to cities like Mumbai, Delhi etc, cyber crimes are found to be more recent in
case of Kolkata. Herein we can find that victims of the stalking sometimes find it
difficult to deter their pursuers, whether or not they report their crime to the police. The
prevalence of stalking among the college students indicate that it is not an unusual
problem for this population to contend with. Research has shown that most of the social
networking site users use that site to make online connections and to maintain or rekindle
established relationships. SNS or social networking sites allow anyone to join and provides
a place for establishing multiple connections and networking opportunities to flourish. In
this network it is also possible to invite others or to join and to become “friends”. This
acts as a major pathway of obtaining personal information about the folks and uses them
illegally. The perpetrators might obtain the contact number of the people and hamper
their peace by constantly disturbing them or by circulating their numbers to the others just
for the sake of having fun. In course of this paper, it is also found that the psychological
state of mind of the people indulging in these types of crimes is not very sound. Often
they hail from poorly developed social backgrounds, broken families, and immense
poverty. They can also be seen to be intimacy seekers, incompetent and predatory.
282
Kolkata is the capital of the Indian State of West Bengal. It is situated at the banks of the Hoogly River, and is the
principle cultural centre of Eastern India. Job Charnock, an administrator, who worked for the English East India
Company, was the founder of this city.
Linking cyber crime to the social media
Thus stalking on the whole can be defined as a “constellation of behaviors involving

repeated and persistent attempts to impose on another person unwanted communication
or contact.” It mainly occurs in a range of phenomenon like phone calls, letters, faxes,
unwanted gifts, ordering goods or services on victim’s behalf etc. Roddel (1998) opines
that cyber stalking is as real, menacing and threatening as stalking. They can have a variety
of disguises such as threatening or harassing email, online verbal abuse (flaming),
anonymous mass unsolicited email (spam) from your email address, identity theft,
improper messages at the forums, pedophile and predatory activities etc. the book also
advances some methods by which to counter the problem of cyber stalking. Since we live
in an information age, internet has become an indispensable part of our lives. In course of
these activities, individuals are naturally lured by the newly developed social networking
sites, which afford a wide range of possibilities to stay in touch with the relatives and
friends and even “to create new friends”. Until recently, the term stalking has been
associated with big game hunting and predatory behavior in the animal kingdom rather
than predatory behavior among the humans. Cyber stalking is a problem that increased in
lengths and depths as electronic communication technologies became more complex and
widespread. The federal laws should target the interstate cyber stalking and considerations
must be given to how nations can work together the target cases of international stalking.
In this paper an attempt has been made to reveal the possible cases of cyber stalking among
some young college folks of Kolkata and the extent of their usage of the social networking
sites.
In case of Kolkata, the grand opening of Eastern India’s first cyber at Lalbazaar by
telecom minister Partha Mukherjee to facilitate cyber crime investigation training among
the police did not prove to be much helpful, according to the complaints of the
youngsters. Its inauguration was done by the ex chief minister of West Bengal, Buddhadeb
Bhattacharjee, with technological assistance from the giant Infosys technologies. It was set
up in the detective department building at the headquarters here people can directly lodge
their complaints, instead of going to the local police stations. The Cyber Crime Cell of
Kolkata receives about 30 mails per day, of which four to five could actually be followed
up as real cases of cyber crime. (Kolkata Police, 2008).283 In this paper, an attempt has been
made to explore the different dimensions of cyber stalking. To begin with, it is important
to set out with the objectives of this paper. Firstly, the paper will focus on the target
population, i.e. the people who are the main victims of cyber stalking and highlight the
possible reasons of their vulnerability. Secondly, it attempts to draw a sociological portrait
(viz. age, sex, ethnic class, education and other factors) of both victims and the
perpetrators taking into account the conditions and strategies cyber stalkers employ in
their predatory moves. Thirdly, the paper logically explores the issue of privacy in the
electronic space and enquires into the role of the social networking sites, along with other
regulatory agencies (especially government) in preventing cyber stalking. Fourthly and
finally, the study finds out how the member of these sites gets connected and hence seeks
283
CyberCrime and Digital Disorder by P. Madhava Soma Sundaram and Syed Umarhathab (2011).
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insight into the virtual community relationships and their features in relation to cyber
stalking.
Methodology
This is primarily a qualitative study. Primary data has been collected by both online
and offline means of interviewing, communicating, observing and conversing with the
sample population. The method of the study is semi structured interview schedule as well
as focused group interviews. Questionnaire is not used because of the reason that it may
hamper the free flow of conversation hindering the informality in case of sensitive
discussions. The sampling method is a purposive one that intends to probe into the above
issues. The size of the sample is twenty two and the unit of analysis is twenty two
purposively selected high school, graduate and postgraduate students of Jadavpur
University, Kolkata 700032. They are enquired about their online activities in the context
of usage of social networking sites and text messaging. This has been supplemented by
secondary sources such as books, journals etc. General frequencies of the information
found are also provided. Most of the respondents are unmarried and are in the age group
of 16 to 22. The duration of the study was from the middle of November to the first
week of December’2010.
Analysis of the Study

Most of the respondents interviewed were college students. They were primarily
engineering students from departments of Civil, Mechanical, and Electrical. Some students
from the department of History and Philosophy were also interviewed. They can be
categorized as young adults having a well knit circle of friends. All of them were members
of the social networking sites like Orkut, Face Book, My Space, Twitter etc where they
frequently chat and interact with their friends. They come online almost every day,
although all of them don’t have a stipulated time of coming online. They have created
their profiles in the sites, so that people can recognize them easily. Face book and Orkut
are the most frequently used sites by them. Their activities include making friends,
creating communities and chat groups, uploading pictures, videos, creating wall posts and
scraps.284 The purpose of joining these sites for them is making friends and regaining
contacts with old friends. Although a significant no of people don’t add unknown people
to their friend lists, many students have unknown friend also with whom they have
interacted both on a personal and impersonal basis. Some of them have also on occasions,
engaged in a relationship which is more than friendship of which they have admitted and
thus have also exchanged many personal details of themselves with each other.
Some of the respondents had been victims of cyber stalking and harassment also owing
to the anonymity of the stalkers and the display of personal information in their profiles.
284
Internet is emerging at a rapid pace and it’s already been an integral part in the field of business, economy,
entertainment, social groups all over the globe. The rise of Internet usage all over the world unlocked various new
businesses, products, services. Internet has changed the way the world shops. Every business related to any niche
knows the importance of Internet and creating a website to show their products to potential consumers (Bocij, 2004).
380
Linking cyber crime to the social media
The extent of the stalking was such that they were forced to close their existing profiles
and open a new one. Cases have been reported where the perpetrators kept on sending
unwanted messages to the respondents regardless of the fact that they were not a part of
the friend list of the respondent. Repeated cases of reporting the abuse only resulting to
the fact that the stalker created another profile, deleting the previous one and kept on
disturbing the respondent. Apart from that, repeated friend requests from unwanted
people, indecent remarks and attempts to make forced interaction were also made. It had
serious implications on the private life of the students. Moreover, as can be concluded
from their opinions, the psychological effects of cyber stalking can be disastrous,
producing verifiable psychological disaster and damage, regardless of whether the victim
ever actually meets the harasser. This kind of fears ended up causing anxiety within the
victim, especially with the women, who began to fear physical injury.
According to the respondents, such perpetrators come from families with disturbances
and stormy relationships between the parents and others. Their mental states of mind are
not sound and many of them suffer from acute mental illness. As a result they resort to
activities such as drug addiction, hacking, pornography etc to seek relief from their home
atmospheres. They gain satisfaction from the annoyance and distraction caused to these
young girls. However unhealthy family atmosphere is not the only cause and many
respondents are also of the opinion that these people come from affluent backgrounds also
where they have enough money to waste and indulge in cyber crime. The analysis in
general has proved that the respondent’s reliance on the government initiated measures to
resist cyber crime is also not very forth coming. Although there are several cyber crime
laws, many of them are dysfunctional and are hardly properly implemented. The police
hardly get to do anything in the event of a reported cyber stalking. Orkut, although
having an option to report abuse against a stalker, is hardly capable of resisting the stalkers
from their detrimental activities. Multiple profiles can be created in these sites from which
the perpetrator may access the victim. According to the respondents, the incident of cyber
stalking is increasing in leaps and bounds nowadays because there are not sufficient
measures to combat the problem. Several cases has been reported from the students
whereby the perpetrators with malafide intentions had created fake profiles with the
telephone number of the victim’s in Orkut and the victim was consistently harassed with
indecent proposals over the phone from unknown numbers.
Finally, although these sites hold a major significance in today’s busy life for
reconnecting with the people, many respondents also feel that because of these sites, the
relationship between people are becoming more formalized day to day. People rarely meet
friends and relatives face to face. In addition, they have added to the criminal activities
associated with the cyber space, a major reason for this being anonymity and deceptive
appearance of the criminals. As a result, the social networking sites have both positive and
harmful effects. The idea is that cyberspace exists as a separate realm to the physical world,
and may have developed an ethical culture of its own. The object of this paper was mainly
to establish a link between the social networking sites and the kinds of their usages, and
the kinds of malicious activities associated with the use of them. Indian Information
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Technology Act 2008(amended) has never addressed the problem of stalking directly. The
main problem which lies with Kolkata, or as a whole with India is that, if cyber stalking
through the social networking sites is done to annoy the victims only, it is not treated as a
punishable offense and is treated as bail able. A clear message from the study shows that
many victims have felt that they are frustrated by the lack of help and support that has
been given by both the service providers as well as the police. Although several laws have
been passed and are in place, the implementation agencies are still weak. Teens reported
that social networks were the most likely places where their age group would encounter
cyber stalking. On the whole, however, victims could not pinpoint where or how their
cyber stalkers found them. The Cyber Crime Cell of Kolkata Police holds that they have
all the necessary provisions to track the stalkers and arrange for digital forensic tests
whenever required. But such claims are hardly met with reality. The Kolkata Police has
recently collaborated with the Public Relation Society of India and Centre for Cyber
Victim Counselling to work for the benefit of cyber crime victims (Mukherjee, 2011).
21st century has brought major advances in communication technologies. Even the
poorest of poor has benefited from this rapid advancement of technology. But many of the
features of these new technologies – low cost, ease of use and anonymous nature – make
them attractive media for fraudulent scams, transmission of pornography, child sexual
exploitation and “cyber stalking”. Terrorists have made wide use of cyber media facilities
these days. One of the biggest threats to National Security is the ability of some of the
foreign powers to enter into our networks and steal or destroy data and incapacitate our
systems. Recognizing the seriousness of cyber threats, CID West Bengal has developed a
Cyber Crime Unit under the Special Operation Group (SOG). For Scientific Analysis of
such threats a Computer Crime Analysis Lab (CCAB) has also been set up. This Lab will
have the provision to handle cases pertaining to hacking, spread of virus, pornography,
manipulation of accounts, alteration of data, software piracy, creation of false websites,
printing of counterfeit currency, forged visas, theft of intellectual property, email
spamming, denial of access, password theft, crimes with cell phones and palmtops, cyber
terrorism and the transmission of secret codes concealed in pictures. However this battle
against cyber crime requires a high level of expertise. Since the incidences of internet
crime have increased exponentially all over the world, provisions need to be in place and
are required to be properly implemented. The problem which we need to focus on
further in future is that very few people are aware about the legal aspect of cyber stalking.
Very few people even know that something called cyber stalking even exists. Folks need
to get education regarding online abuse. It is one of the major steps by which an end can
be availed to this heinous crime. The media, as well as the government and civil society,
should take an active step forward to combat the problem of cyber crime related to the
social networking sites. The legal aspects are of no use if laws are not properly
implemented, one does not know what is cyber stalking and what to do, when one
becomes the prey of it.
382
82
Social NOT working:
Examining the ‘personal’ in interpersonal dating cyber crimes
Aunshul Rege
Introduction
Online dating sites are increasingly being accepted as an avenue for forming romantic
relationships. This industry serves approximately 40 million users and generates $1.9
billion in revenue annually, which is not surprising given that the online dating sector
offers its customers several benefits, such as ease of access, anonymity, new forms of
interaction, and quick scientifically generated matches (Rege, 2009).
This successful industry, however, is a frequent venue of cyber crime, which poses
serious problems for matchmaking services and daters worldwide. Online dating crimes
are global in scope and it is impossible to determine the amount of victimization given
that there is no centralized database tracking these crimes. Further compounding the
problem is the underreporting of victims, either because they are embarrassed or are
unaware that they have been victimized (Rege, 2009).
Rather surprisingly there has been little research on cyber crime and online dating
even though it has a high toll on victims' finances and emotions. Pizzato et al (2012)
examine dating site matchmaking algorithms to determine whether scammer profiles are
favored over legitimate dater profiles. Schmitz et al. (2012) employ classification models
to categorize daters into bots (artificial intelligence programs) vs. non-bots (human
beings). Fogel and Shlivko (2010) examine romantic spam emails and their impact on
college students. Pan et al (2010) employ descriptive data mining to identify fraudulent
profiles on dating websites. While each of these studies enhances our understanding of
online dating cyber crimes, they utilize a technical approach.
Given that cyberspace provides offenders with benefits such as anonymity and spatial-
temporal liberty, the notion of 'personal' in interpersonal dating cyber crimes needs to be
reexamined. This study has two objectives. First, it examines an assortment of online
dating crimes to identify the organizational dynamics of cyber criminals, their modus
operandi and motivations. Second, this study explores the nature of offender-victim
relationships in dating site cyber crimes.
Theoretical Framework
Criminal Organization
Best and Luckenbill (1982) offer this intermediate level of analysis that dovetails with
Deleuze and Guattari’s (1987) rhizomatic approach and fits nicely with my research
project. They suggest that criminals organize themselves along three dimensions: (i)
SASCV 2013
complexity – criminal organizations have a division of labour and members have

different specialized skills, (ii) Coordination – crime groups vary with regard to their
roles and the rules their members follow, and (iii) purposiveness – criminal organizations
vary with respect to their determination in achieving goals (Best & Luckenbill 1982).
The levels of complexity, coordination, and purposiveness, collectively determine the
sophistication of criminal organizations, ranging from loners, colleagues, and peers to
mobs and formal organizations.
Lemieux (2003) identifies as the nine roles inherent in most criminal networks of any
size: organizers, executors, money movers, insulators, communicators, guardians,
monitors, extenders, and crossovers. Both these criminal organization theories offer the
necessary foundations for exploring cyber criminal organizational dynamics.
Cyberspace
Cyberspace is open-ended, informal, and amorphous. These characteristics allow
cyberspace to harbor nomadic and unbounded movement. Cyberspace can be viewed as a
rhizomatic structure, which has no center of origin, and what exists is only the in between
(Lort 2000). Deleuze and Guattari (1987) offer six principles of the rhizomatic model:
connectivity, heterogeneity, multiplicity, regeneration, decalcomania, and cartography.
This theoretical approach helps identify the properties of digital environments that permit
cyber criminal movement, organization, and communication.
Hyperpersonal Theory
Walther’s (1996) hyper personal theory argues that text-based media can facilitate
social affinity. However, this affinity takes longer to develop than it does via in-person
interaction where conversation is rapid and facial/body cues are present. In online
communications over longer time periods, however, individuals have the opportunity to
construct idealized perceptions of others and photographs (for instance) provided by a
romantic partner may further build that perception. This theory is thus useful to
understand the interpersonal nature of online dating crimes.
Methods
The methodological approach is qualitative in nature and uses document analysis,
which fits nicely with the exploratory theme of this research, permits the re-analysis of
preexisting texts to address the research goals of this study, and overcomes the difficulties
in finding research subjects (victims, criminals, law enforcement) to interview (Rege
2009). This research examines 200 articles drawn from dating sites, news and media sites,
academic sources, and anti-scam databases, from 2000 to 2012. Documents are sampled
until ‘thematic saturation’ is attained. Saturation occurs when no new themes emerge from
the data.
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Social NOT working
Data/Case Studies
This study examines seven dating site cyber crimes: romance scams, identity theft,
hacking, insider crimes, phony dating sites, fraudulent dating sites, and ‘dating bots’ or
artificial intelligence programs. Using these cases, a two-fold analysis is offered on the (i)
organizational components of crime and criminality at dating sites, and (ii) impact of
these crimes on the notion of ‘personal’ in interpersonal crimes.
Case 1: Romance Scams: Patrick Giblin (individual), husband-wife (Lazarevs) and mother-
daughter (Vasseurs) teams (peers), and Nigerian scammers (crime networks).
Case 2: Identity Theft: Robert Frost and Face book.
Case 3: Hacking and Extortion: eHarmony.com and PlentyOfFish.com
Case 4: Insider Crimes: BeautifulPeople.com
Case 5: Phony Dating Sites: Lovely-Faces.com and Barrie Turner
Case 6: Fraudulent Dating Sites: Great Expectations, Platinum Personals, Match.com and
Yahoo Personals
Case 7: Dating Bots: ‘Cyber Lover’ bot
Analysis
Analysis 1: Anatomy of Cybercrimes at Dating Sites
These crimes vary along the organization of crime and criminality, the rationales and
motivations of cybercriminals, and the ability of cybercriminals to manage security systems
and law enforcement.
• Organization: loners, peers, networks
• Skills: social, technical
• Motivation & rationalization: financial, thrill, neutralization tactics
• Managing security/policing: few measures & easily bypassed; jurisdiction
Analysis 2: Examining the ‘Personal’ in Interpersonal

These cyber crimes demonstrate that cyberspace alters the notion of 'personal' in
interpersonal dating cyber crimes. We can already argue that victims and offenders may
not know each other, given the anonymous nature of cyber crimes. However, we can
move beyond this general observation and argue that ‘personal’ varies along three
dimensions: type; intensity; and offender-victim ratio. The ‘type’ of personal could be
between individuals, businesses, and bots. This type can therefore be viewed as human
(interpersonal), organization (impersonal), and artificial intelligence (hyper personal),
which suggests that the ‘personal’ in interpersonal dating crimes does not necessarily occur
between individuals.
The intensity dimension is indicative of the level of personal impact (emotional,
financial) in online dating cyber crimes. Romance scams tend to have a high intensity
because of both the emotional and financial personal impact factor. The long-term
(deceptive) relationship takes a large toll on the victim’s emotive and monetary resources.
On the other hand, the case of BeautifuPeople.com has low intensity as it did not lure
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customers or engage them in a scam. Here the virus merely altered the entry criteria for
new members. Thus, intensity can vary from high intensity (large emotional and financial
impact) to low intensity.
The offender-victim ratio varies based on the type of crime in consideration.
Interpersonal here could be one-to-one (Beautiful People), one-to-many (Giblin,
Lazarevs, Vasseurs, Face book, Turner, Cyber Lover bot, Match.com, Yahoo Personals,
Lovely-faces.com), many-to-one (Frost, eHarmony, PlentyOfFish, Platinum Personals),
or many-to-many(Nigerian scammers). In the context of this paper, ‘one’ represents an
individual, a team, and a dating website. This raises the question: what does ‘personal’
mean with regards to victim-offender relationships?
Thus, the notion of ‘personal’ in interpersonal dating crimes takes on several,
overlapping meanings. Given the above case studies, can we call these interpersonal dating
crimes ‘interpersonal’? If interpersonal crime is crime between persons, what can be said
when the offender is not only an individual, but also a dating service provider or a bot? And
what can be said about the victim who can be either an individual or a dating service
provider? These issues are not exclusive to online dating crimes (online gambling) or to
cyber crimes (corporate crime) themselves. The 'personal' dimensions developed in this
paper should therefore be further applied to (i) account for the impersonal, interpersonal,
and 'hyper personal aspects of other interpersonal cyber crimes, (ii) determine the validity
of the three dimensions: type, intensity, and offender-victim ratio and (iii) identify any
other dimensions that have not been captured here.
References
Best, J. & Luckenbill, D. F. (1982). Organizing Deviance. New Jersey:
Prentice-Hall, Inc.
Deleuze, G. & Guattari, F. (1987). A Thousand Plateaus: Capitalism and Schizophrenia.
Minneapolis: University of Minnesota Press.
Pan, J., Winchester, D., L., & P. Watters. (2010). Descriptive Data Mining on Fraudulent
th
Online Dating Profiles. Paper presented at the 18 European Conference on Information
Systems.
Pizzato, L., Akchurst, J., Silverstrini, C., Yacef, K., Koprinska, I., & J. Kay. (2012). The
Effect of Suspicious Profiles on People Recommenders. In J. Masthoff & et al. (eds.).
User Modeling, Adaptation, and Personalization. Berlin: Springer-Verlag.
Rege, A. (2009). What’s Love Got to Do With It? Exploring Online Dating Scams and
Identity Fraud. International Journal of Cyber criminology, 3(2).
Schmitz, A., Yanenko, O., & M. Hebing. (2012). Identifying Artificial Actors in E-Dating
– a Probabilistic Segmentation Based on International Pattern Analysis. In W. Gaul &
et al (eds.). Challenges at the Interface of Data Analysis. Computer Science, and Optimization.
Berlin: Springer-Verlag.
Walther, J. B. (1996). Computer-mediated communication: Impersonal,
interpersonal, and hyper personal interaction. Communications Research, 23. 3-43.
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83
Social networking sites social or anti-social?
Dataraj Patwe and Jyoti Bhakare
Introduction
Since the last decade or so there is a tremendous increase in the commercial and
personal use and exploitation of Internet. Our life today is much more developed
compared to past generations and has gone e. Thus development in Science and
Technology has changed our human status from citizen to netizen. Internet as a
technology used in the whole world as a powerful tool for socialization, learning,
communication and engaging public and private life. It has entered in every aspect of our
human life. Internet has generated different activities on www i.e. World Wide Web.
One of the interesting, desirable and famous additions through www is social networking
sites.
Whatever may be the form of the use of social networking sites they have definitely
influenced human mind. It has changed our human nature and life as now through social
networking sites we are more cautious about our relations as ever. There may not be
traditional face to face interaction in social networking sites but they are defiantly
providing a social platform for social and personal communications. Now with the
increase in communication through digital media like mobile and social networks a new
voice is raised of excessive communication leading towards formation of bad culture
which is increasingly resulting into social evils and crimes. Social networking sites had
contributed somewhat in increasing the crimes and social evils and also challenges before
the existing traditional laws and legal systems throughout the whole world to which
fortunately or unfortunately India is again not an exception.
What is Social Networking

Social networking sites are those online communities who allows its users to share and
communicate information through multimedia aspects to one another, i.e. one can post
his wishes, one can post his photos, videos and get connected and stay connected with his
friends, relatives, or known or unknown ones in his or her life. Social networking sites are
like open public forum for all the netizens who are willing to share their personal and
public life with their friends, relatives and the close ones. Social networking sites are a
new mean of creating, establishing and maintaining friendships and online relationships.
They are web based virtual social communities created through generation of profile with
account user name and own password and they can go beyond boundaries in a second or
so.
The reason behind the tremendous growth of social networking sites is not only the
technology of social networking is easy, fast, and cheap but also it satisfies one of the
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paramount needs of human being i.e. to interact and communicate. As said by many greats
of sociology man are a social animal and social networking sites are helping human beings
to go and stay social. Some say it is a virtual world as anyone can see others profile once
he or she registers his profile or creates account on such social networking site. Facebook
says they are a technology company and they provide a social utility to communicate and
share information within the liked ones.
Social networking sites why social?

Any media when used for public at large by public at large turns into social or public
media. There are several forms of social media i.e. print media and digital media or so on
but the emergence of social networking sites had made it the most preferable, popular,
desirable and interesting social media tool. There are many reasons why we need to brand
social networking sites as social media. To cite some reasons we can see now we are better
citizens as we are now more cautious about our relations and friendships as ever, further
some say they are getting a useful tool in the form of social networking sites for getting
job through LinkedIn, some say that they are using social networking sites for welfare of
society, for business organization it is a easy, cheap, fast and powerful business tool, for
social reformers such as Anna Hajare and his team social networking sites are powerful
tool to gather public opinion. What our father of nation Mahatma Gandhi did for public
support for freedom movement in thirty years was done by Anna Hajare and his team in a
period one year through social networking sites in their anti corruption movement.
Social networking sites are emerging as a powerful tool for expression of freedom of
speech in this modern e-governments democracy. Social networking sites such as
Facebook, LinkedIn has got the ability to connect and bring people together even beyond
boundaries for any social cause and for many political and social acts. Social networking
sites are powerful and effective tool for creating social awareness about social problems. It
is one of the preferred mean of expressing our fundamental freedom of speech and
expression now a day. Social networking sites are modern mean of creating and
maintaining relationships and thus help netizens to go and remain social and because of
which social networking sites are social.
Social Networking sites why anti-social?

Since the evolution of Social Networking sites there is a constant interaction of use of
social networking sites and the legal implications arising out of use social networking sites.
Initially social networking sites were developed and maintained for maintaining group
communications later it resulted into a global mean for social communications, later it
resulted into one of the powerful e-weapon to express our Freedom of Speech and
Expression but the evil doers made it an e-weapon to use it against the society at large.
The social networking sites are providing some basic information like the name, age,
address and location, gender, hobbies, workplace and so on. The web criminals are easily
taking the advantage or disadvantage of this available personal information of the users.
Many a times we can see that the users are too much excited about posting their and their
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Social networking sites
family photos on social networking sites which gives rise to online defamation, sexual
abuse, sexting, cyber morphing, identity theft, Phishing, spamming, cyber stalking, cyber
harassment, cyber frauds, hacking, impersonation i.e. by creating two or more profiles by
using different names and same photos and by establishing fake profiles, cyber obscenity,
cyber bullying, domestic harassments, blackmailing and many more emerging cyber crimes
are been made easy by these social networking sites. Social networking sites are generally
been used by the evildoers to kill the privacy of other users and they are a constant threat
for the privacy of individuals. Apart from privacy the issue of data protection on these
online networks is also one of the critical issues behind allowing or disallowing the use of
these networking sites.
There is an increase in the number of social networking sites and their users this gives a
great platform as well an easy, cheap and powerful mean or tool to the evil minds in each
and every society. Though the recent developments in the social networking sites provides
for the privacy settings but the active users are either not aware or not afraid of what the
evil doers or the web-criminals can do with their accounts. Social networking sites are an
easy way of harassing the women users and majority of the victims of social networking
sites are women. Once there is a breakup in the relationship the individuals are using
social networking sites for their anger to explore against one another in public. In recent
times there are many cases registered in Maharashtra in which the husbands were defaming
their wife’s online by using social networking sites such as Facebook. Social networking
sites are used for expressing our anger against corruption by creating several slogans, by
creating some pictures against government and the leading political parties and their
leaders which may be somewhat right for our anger but for the political leaders their
personality is defamed in public at large. These and many other things done through social
networking sites are raising questions as are social networking sites are social or anti-social.
The answer to the above question will be given in future by either its misusers or by its
users.
Conclusion
Internet has definitely got the ability to play with current population and make the
population play and use it against one other. It depends upon the population whether they
use it for their good or bad. The current technological developments is the beginning the
future is so bright that any more preferred technological development in communication
system is merely expected and will not be shocking. Social networking sites are a great
platform for one of the most basic human activity i.e. communication or interaction with
one another. The facilities and privileges provided by the social networking sites are useful
for socialization at a great pace and made the concept of one world virtually real.
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84
Targeting teachers in the social networking sites:
An analysis from legal and criminological perspectives
Debarati Halder and K. Jaishankar
Introduction
In ancient Indian culture, teachers were given prime space in a student’s life. The
tradition is still alive, however, with a gross difference that in many occasions teachers are
violently targeted by students from the age group of 12 -24 and more. The students have
taken to cyber space, especially the social networking sites to bully, defame and spread
hate messages against the teachers for various interpersonal differences. This particular
behaviour is not restricted in young school students only. There are few cases where
university students have taken to social networking sites to target their teachers. In this
paper we claim that such victimisation of teachers by the students which could be initiated
due to malicious attitude of the students towards their teachers, including unreasonable
personal demands etc, grow more intense due to the nonchalant attitude of the social
networking site In this paper, we attempt to analyse the issue of victimisation of teachers
by the school, college and university students from the age group of 12-25, in the social
networking sites like Facebook, Twitter and Google plus in India.
Methodology
This paper would follow mixed methodology, heavily depending upon doctrinal
methodology and also embracing empirical methodology to a certain extent to understand
the nature of the problem. For the purpose of this paper, we have also taken up one case
study of a faculty member of a university who had been intimated, harassed and defamed
by a student in the social media.
Student versus teacher in a new medium

Analysing the recent trend of victimising in the cyber space, it can be seen that oftener
than not, teachers are targeted by the students in the social media. Cyber bullying teachers
by the school students has received momentum due to easy access to the social media by
minor children (Jaishankar & Halder, 2009). The policy guidelines of the social
networking sites like the Facebook or Google owned Google plus or Twitter would show
that any individual who is 13 and over can have their profiles in the said social media.
Once the individual creates the account he/she gets privilege to express his speech and
expression in the broadest sense of the freedom of speech and expression as guaranteed by
the First Amendment guarantees of the US constitution. Analysing the case studies of
cyber bullying of teachers provided by Jaishankar & Halder (pg.590.2009), it can be seen
that mostly students take to social media to create defamatory posts about the teacher. The
Targeting teaches in the social networking sites
following case study would help us to create a pattern for victimisation of teachers in the
social media by the students:
In this case, the student –perpetrator was a university graduate student aged about 25
years. Angered by the charges of misbehaviour, he targeted some of the university faculties
with sharp verbal abuses. When he found that his victims, the faculties were nonchalant,
he took to circulating SMSs with extremely derogatory remarks. To increase his audience,
he finally took to Google hosted social media. He started posting extremely derogatory
remarks about the faculties, often calling them names and threatening with dire
consequences. Even though his ‘posts’ were repeatedly reported by the victims and their
acquaintances, the social media neither recognised such posts as ‘hate messages’, nor took
any action against the perpetrator for posting inappropriate contents. When the
perpetrator finally copied a picture of one his victims from a website which spoke about
his (the victim’s) scholarly achievements, and posted the same along with further
derogatory remarks about him, the victim lodged a strong complaint with the social
media. Even though the social media further refused to take down the post on the ground
that it does not recognise the mischievous activity as an offensive post, the perpetrator
finally took down the post after he was informally warned by the police, who was alerted
by other faculty members. However, the other derogatory posts are still displayed in his
profile wall of the social media. The victim however, refused to lodge a separate private
police complaint against the perpetrator thinking that this would finally destroy the
perpetrator’s life and future job opportunities.
This case study along with the case studies on cyber bullying the teachers by the school
students from the news reports presented by Jaishankar & Halder (2009) earlier may
establish a typical pattern of cyber victimisation of the teachers by the students. This
pattern can be explained by the diagram below:
From the above analysis it can be seen that student perpetrators are motivated by two
main factors to victimise the victim teachers; (i) they pose themselves as fictitious truth
seeker rebels who use the cyber space to reveal the supposedly true faces of the teachers;
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(ii) the social media supports them indirectly by not responding to the reports lodged
against such derogatory posts privately by the victim or the acquaintances of the victims.
Conclusion
The problem of victimisation of these kinds are increasing essentially because the social
media refuses to accept offensive post as ‘offensive content’ as per their own rules and
regulations. The perpetrator finds not only wide platform but also an undisturbed platform
by the platform provider, namely the service provider. The perpetrator vents out his
anger, frustration over the victim in most abusive words. He also creates his train of
sympathisers by portraying himself as the one who dares to revolt against the traditional
systems and authorities. The victimisation increases when the victim refuses to seek police
or legal help after he is refused any help from the service provider. We suggest that the
situation can be changed when the service provider is nailed for neglecting its own
promises and refusing to abide by the domestic laws of the land, apart from booking the
perpetrator for charges of abusive speech, defamation, intimation etc.
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85
A critical study of impact of hate crimes in cyber space
Deeksha Gulati and Suma Barua
Introduction
“From ancient grudge break to new mutiny, where civil blood makes civil hands
unclean.”
As reminded in Romeo and Juliet (Prologue 3-4), hate, as love, is as ancient as man
can be, and it fuelled crime in the yester days as it does now.
Hate crimes can be defined as any felony or crime of violence that manifests prejudice
based on “race, colour, religion, or national origin”. These crimes cannot be simply
termed as biases, they are in fact dangerous actions motivated by such biases resulting in a
criminal act. (e.g., cross burnings, physical assault). The most crucial difference between a
hate crime and a similar non-hate crime is the underlying motivation. While a
conventional crime might be motivated by a desire to expropriate resources from the
victim for the personal gain of the offender, in the case of hate crimes, there is a deliberate
intention to victimize an individual because of his membership or belonging in a certain
social group, their beliefs or their value system (Sharma, 2012).
Hate crime have existed throughout history in one form or the other and is a part of our
history. Hate motivated crimes have shaped and sometimes defined world history. One of
the most notable and the darkest period in the World history is the Nazi's persecution of
the Jewish people by Hitler which called for the total annihilation of the Jews. It led to
death camps and resulted in the mass murder of millions of people.
Europe has been plagued by pogroms as much as by witch-hunting and other forms of
prejudices; the United States have not escaped either this violence with its share of
lynching of African Americans; Indian society still suffers from strong bias of Atrocities
committed against Scheduled Caste and Scheduled Tribes, heinous crime Honour killing
and the litany could go on (Guinchard, 2009).
Though with the advent of internet, the world has been revolutionised in the way
people do their business and live their lives, yet it has come with a price, the possibility of
using this medium for unlawful activities has grown as well. The internet has become a
new medium of spreading hate. Hate, which has been able to survive and trickle down
from generation to generation has now taken a magnanimous form. Where once a person
could only propagate his hateful ideas to a few passerby’s or to the neighbourhood, can
now from the safety of his house can easily create a website propelling their messages to
the entire world.
Due to this, the Internet generation, unfortunately, is seriously at risk of getting
plagued by hate. Not only is hate present on the Internet today; it is being spread around
the globe with a mere click of a mouse. It allows extremists easier and faster access than
SASCV 2013
they have ever had before to a potential audience of millions, a high percentage of who
are young and gullible. It also allows haters to find and communicate cheaply and easily
with like-minded bigots across borders and oceans, to promote and recruit for their cause
while preserving their anonymity, and even to share instructions for those seeking to act
out their intolerance in violent ways (Combatting Extremism in Cyberspace, 2000).
Victims of such crimes tend to be innocent members of the targeted groups and
generally have no previous relationship with the offenders. This unpredictability causes
not only the victims but also the entire community to be in fear or state of anxiety. Hate
crimes have an effect on both the immediate target and the communities of which the
individuals are a member, which differentiate them from other crimes. With internet as
the medium, the reach of such hate material has immensely increased. Recently, we saw
the impact of internet in propagating hate crimes, in India in the first of its kind case
where there was mass Assam exodus on account of a systematic and sinister campaign on
the internet that the Muslim community in various cities like Bangalore and Pune had
served quit notices to residents from the North East .The supposed reason for this was the
doctored images and videos uploaded on Facebook and other networking sites showing
attacks on Bangladeshi Muslim immigrants by Bodos in Assam and Muslim Rohingyas in
Myanmar's Rakhine (Arakan) state. More than 245 websites and blogs were identified
carrying hate messages, pictures and videos. Such was the effect of the photos and videos
that it led to crimes against North Eastern forcing them to flee.
Technology is an intimate part of today’s youth, where taking pictures and posting
videos on Facebook and other social networking sites is done on a daily basis. The speed
offered by technology does not help us think twice about the consequences of our actions.
While violent crime victimization carries risk for psychological distress, victims of
violent hate crimes may suffer from more psychological distress (e.g., depression, stress,
anxiety, anger) than victims of other comparable violent crimes (Garcia L., 2000)
Survivors of violent crimes, including hate crimes, are also at risk for developing a variety
of mental health problems including depression, anxiety and posttraumatic stress disorder
(PTSD). PTSD emerges in response to an event that involves death, injury, or a threat of
harm to a person. Depression, anxiety, and PTSD may interfere with an individual’s
ability to work or to maintain healthy relationships, can lead to other problems such as
substance abuse or violent behaviour.
Hate crimes are different from other crimes in that the offender—whether purposefully
or not—is sending a message to members of a given group that they are unwelcome and
unsafe Thus, the crime simultaneously victimizes a specific individual and members of the
group at large. Hate crimes are often intended to threaten entire communities and do so
and it decreases the feeling of safety and security (Boeckmann1 & Turpin-Petrosino,
2002). Being a member of a victimized group may also lead to mental health problems.
Research suggests that witnessing discrimination against one’s group can lead to depressed
emotion and lower self-esteem (McCoy & Major, 2003).
“Conception of the Internet as a regulation-free medium is appealing in principle.”
The Internet retains a number of unique characteristics: “[it] offers a [whole] range of
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A critical study on the impact of hate crimes in cyber space
communicative options: person-to-person, some-to-some, one-to-many, or many-to-

many;” it provides “globalism, anonymity and speed for any on-line activity;” and it does
not have such inherent restrictions as scarcity of resources or limited accessibility.
(TIMOFEEV, 1999). However, the reality is that the Internet is being regulated to the
extent that each nation considers possible and appropriate.
The increase in the rate of hate crimes committed has increased substantially and the laws related
to such crimes are substantially new and not well equipped to deal with the new developments.
At present, there is no effective mechanism for inspection against racist ideas, hate or
abusive speech in the name of freedom of surfing the Web. Impact of Hate crimes on
cyberspace is the direct result of unregulated speech on internet which can be termed as
Hate speech. The laws of individual countries do regulate internet content and have laws
regulating and prohibiting hate speech but their effectiveness is questionable. As regards to
India there are lacunas in the current legal system. No proper legislation has been made till
date to effectively combat hate speech over internet. The laws under the Information
Technology Act, 2000, are drafted too vaguely and are often misused. Therefore, there is
an urgent need to demarcate what constitutes a valid opinion under law and what
constitutes statements of hate and to have a balance between an effective legislation
imposing reasonable restrictions on the right to speech and expression at the social
network front without unduly curbing it.
From Human rights perspective, if human rights are to be protected, there must be
protection for freedom of expression in the Internet. Ironically, however, if human rights
are to be protected, there also must be protection from hate speech on the Internet.
References
Boeckmann1, R. J., & Turpin-Petrosino, C. (2002). Understanding the Harm of Hate
Crimes. Journal of Social Issues, 207-225.
Garcia L., M. J. (2000). Consequences for Victims: A Comparison of Bias- and Non-Bias-
Motivated Assaults.New Delhi: Sage Publication.
Guinchard, D. A. (2009). Hate crime in cyberspace: the challenges of substantive criminal
law. Information and Communications Technology Law , 1.
McCoy, S. K., & Major, B. (2003). Group identification moderates emotional responses
to perceived prejudice. Personality and Social Psychology Bulletin, 1005-1017.
Sharma, S. (2012). Hate Crimes in India: An Economic Analysis of Violence and
Atrocities against Scheduled Castes and Scheduled Tribes. Journal of Economic Literature,
209.
Timofeev, Y. A. (1999). Hate speech online: Restricted or protected? Comparision
between United States of America and Germany . J.Transnational Law & Policy , 253.
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86
Sexual exploitation of children over the Internet –
International perspectives
Jyoti Bhakare
Introduction
In September of 1998, police forces across the world banded together to bring down
the Wonderland Club, an online child pornography ring spanning twelve countries. The
Club membership iwas contingent on possession of a digital library containing no less than
10,000 indecent images of minors. The members would circulate these photographs
throughout the network by sending them from computer to computer as encrypted image
files. The network eventually collapsed as a result of a worldwide criminal investigation,
code-named Operation Cathedral, when over a hundred men suspected of being members
were arrested (Gabrielle, 2008).
The misuse of new information technologies is resulting to crimes such (a) child
exploitation; (b) production, distribution, and possession of child pornography; (c)
exposure to harmful content; (d) grooming, harassment, and sexual abuse; and (e) cyber
bullying (Keith, 2011). In recent years, there have been numerous reports of women and
children receiving unsolicited emails containing obscene language and amounts to
harassment. Minors who post their contact details become especially vulnerable since the
sex-offenders can use this information to target potential victims (H.J., 2007). In 2000,
there were an estimated 280,000 sex industry sites on the Internet (Hughes, 2001).
This paper explores a number of issues from domestic and international perspectives.
These issues include

• What is the impact of new technology, the potential dangers for children from
engagement with cyberspace and what are the various kinds of perpetrators
involved in this?
• How to make a cyberspace safer for youth by taking preventive and corrective
measures?
• What are some of the present and emerging policy issues on these matters?
• What are the efforts done at national/international level to tackle the problem?
Sexual Abuse of children via new technology

Children are harmed physically, sexually and emotionally in the making of
pornography (Liz & Dianne, 1999). They are vulnerable to the exploitation of online
predators because they rely heavily on networking websites for social interaction.
Offenders use false identities in chat rooms to lure victims into physical meetings. When
Sexual exploitation of Children over the Internet
this happens, virtual crime often leads to traditional forms of child abuse and exploitation
such as trafficking and sex tourism.
Many children are abused and photographed within domestic environments. These
images become a form of currency as, within the online community; they buy status and
act as a commodity for exchange. Once circulating on the Internet they may end up on a
pay–to-view site, where money does change hands. This may be the case where a child
has been exploited through someone’s adventitiously taken photographs, for example on a
beach or at a swimming pool. The child may never know that the images have been used
commercially (Donna, 2003). The issue of ‘virtual child pornography’ is left largely
unaddressed within the international framework.
Issues and challenges

• Theoretical level- statutory provisions dealing with ‘obscenity’, ‘defamation’ and
sexual offences are sufficient.
• practical hurdles
- Identifying the perpetrators- fake identities, proxy server location
- Criminal laws - operate over a defined territorial jurisdiction but the contents
of websites can be created and uploaded anywhere in the world. Problems of
conflicting jurisdictions arise.
9 Web service providers and subscribers- not aware of posting, viewing the
offensive material.
9 Social networking websites- law still underdeveloped (BalaKrishnan K.G,
2009).
9 Pimps and traffickers can remain relatively anonymous by simply posting ads
online, while people who pay for sex have 24-hour access to browse through
hundreds of ads.
9 Perpetrators of abuse- not possible to describe as ‘typical’ child molester”. -can
be younger/ older/ woman / child/ cartoon character.
9 Sex offenders tend to share similar distorted assumptions about their victims;
the nature of the offences committed and are often not cognizant of their
wrongdoing.
9 Women may be involved as offenders in online child sexual abuse, as
instigators, facilitators, and participants. Online child sexual abuse by female
offenders constitutes a clearly significant, but surprisingly underdeveloped field
of research (2010; Elena, Daniel, & Helen, 2010).
9 Through financial and technological interdependence, the sex industry and
the Internet industry have become partners in the globalization of sexual
exploitation.
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Legal Measures for protection of children

Indian legislation
9 Section 67B - IT Act. - Child Pornography defined.
9 Section 67 and 67A –IT Act and Section 292, 293 IPC can also be invoked.
9 Section 66 A of IT Act - invoked whenever any offensive, annoying or
pornographic material by email, SMS or MMS etc. are received by children victims
of cyber bullying or stalking.
9 Section 67 B of IT Act- when the electronically published or transmitted material
contain child pornographic material. Also prohibits grooming of children for sexual
abuse.
9 Section 66 A of IT Act - invoked when ever email or social networking accounts
of a child are hacked by misusing passwords or his/her photographs, name and
other unique identification feature are misused
9 (ministry of Home Affairs, Government of India, 2011)- Advisory on ‘Preventing
& Combating Cyber Crime against Children’ - 4th January 2012.
International sphere-
Optional Protocol to the Convention on the Rights of the Child on the
Sale of children, Child Prostitution and Child Pornography - In 2005, India
accepted it.
India is also a signatory to ICCPR, ICESC,CRC, CEDAW,
SAARC Convention on Prevention and Combating Trafficking in Women
and Children for Prostitution.
Since the Second World Congress we have seen the development of four policy documents:
European Union’s Framework Decision on combating the sexual
exploitation of children and child pornography (2004);
Council of Europe’s Cybercrime Convention (2001);
United Nation’s Optional Protocol on the Convention on the Rights of
the Child on the sale of children, child prostitution and child pornography
(2002),
Council of Europe Convention on the Protection of children against
sexual exploitation and sexual abuse, which is yet to come into force.
Shortcomings and next action plan

9 Intentional viewing of Internet child pornography- not considered as criminal
worldwide; definition of child- not uniform.
9 International Conference on Combating Child Pornography on the Internet- a
declaration and an action plan -calling for an international task force on child
pornography and pedophilia on the Internet.
9 The action plan -Universal ethics and self-regulation standards for Internet
service providers and the creation of national hot lines and "electronic
watchtowers". (Steven & Edward, 2001)
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Sexual exploitation of Children over the Internet
9 Law enforcement agencies, prosecutors, and the judiciary of U.N. member states
should collaborate in collecting evidence, arresting perpetrators and bringing
them to justice.
9 Prevention and education – Need of tackling the problems requires a multi-
agency, multi-sector approach.
9 Pro active role of web service providers- in publishing advertisements by proper
screening and reporting to police about offensive material; not allowing users to
change posts but requiring them to remove the same. E.g. Sweden
9 Education- about the inherent risks, the safety measures especially to children
9 Co-operation- States, inter-agency cooperation in domestic systems, public and
private sector collaboration, and the inclusion of civil society.
9 Alliances between Psychologists, police. Working together to encourage care for
victims, protection of evidence and rapid access to electronic data during criminal
investigation.
Conclusion
¾ Children are vulnerable to the exploitation of online predators
¾ Prevention, education can work well with the co-operation between
parents, psychologists, teachers, police etc.
¾ Training to investigating agencies, need for strict law and effective
enforcement.
¾ Pro active role of web service provider and reporting accountability needs
to be ensured.
¾ Don’t keep abuse a secret, Speak up, reveal it!
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87
Identity theft crime in India –
Suggestions for clarity under IT Act
Kruthi Kalaga
Introduction
Identity Theft and Identity Assumption have been a growing phenomenon world
over, and are considered a major crime in the Developed world; but, are underrated
crimes in India due to low reporting and visibility. With a deeper internet penetration and
engagement, there is a growing awareness of the ill effects of this crime in India.
According to Norton Cybercrime Report 2012(1), “More than 42 million people in India
were victim to cyber crime in the past 12 months, suffering approximately USD 8 Billion
in direct financial losses. According to the report, 66% of Indian online adults have been
victims of cyber crime in their lifetime. In the past 12 months, 56% of online adults in
India have experienced cyber crime – more than 115,000 victims of cyber crime
everyday”.
Identity Theft, a prevalent form of Cybercrime, is usually described as stealing an
individual’s identity by illegally accessing unique identifiers like passwords, digital
signatures etc., with the intention to perpetrate a crime through the use of computers,
communication devices over the internet. According to Norton Cybercrime Report
2011(2), India is fast emerging as a soft target for organized cyber crime with 4 in 5 online
adults having been victims of Identity Theft in 2011. This paper examines various types of
Identity Theft with special emphasis on Identity Theft in the form of Identity Assumption
and impersonation in the cyberspace, especially in the Indian context. While Identity
Theft seems very innocuous, this paper examines the disastrous impact it could have on
the victims of this crime, leading to irreparable loss to personal and family life, damage to
reputation, destruction of careers and in some cases leading to loss of life due to extreme
stress caused by the consequences of this crime.
Objective of the Study

While the Section 66C of Information Technology (amendment) Act, 2008(8), does list
out the penalties for committing Identity Theft, it is completely silent on the definition of
“Identity Theft” under the act, and also does not seem to address the menace of Identity
Assumption. The various sections of IT Act take cognizance of Identity Theft as a crime,
only after the act of committing a crime, whereas mere assumption of an identity per se, is
not considered a crime. This paper aims to define “Identity Theft” making it more
inclusive of unique personal identifiers as well as address different types of crimes under
this category. This paper also examines the necessary changes needed towards providing
Identity theft crime in India
effective deterrence under the act along with the remedy for victims and provision for
restitution
This paper discusses various Cases of Identity Theft resulting in financial loss, damage
to reputation and damage to career. This paper also highlights the shortcomings in the
existing sections of IT Act while discussing Identity Assumption.
Identity Theft Case Studies

The study through this paper examines a few cases of Identity Theft reported in the
Main Stream Media with diverse consequences covering Financial Damages, Damage to
reputation and Damage to career.
I- Identity Theft resulting in Financial Damage

Two foreigners residing in Northern Capital Region (3), were apprehended for hacking
into the Punjab National Bank Current Account of a company owner in North Delhi,
transferring Rs 16.00 Lakhs towards on-line purchases with large stores like Future Bazaar,
Fashion and you etc. The store owners were intrigued by the large transactions and alerted
the police leading to the arrest of the accused.
-The Law: The above case can be covered under Section 66 C of IT (amendment) Act
2008(8), which defines it as “Whoever fraudulently or dishonestly makes use of the electronic
signature, password or any other unique identification feature of any other person, shall be punished
with imprisonment of either description for a term which may extend to three years and shall also be
liable to fine which may extend to rupees one lakh”.
-Points to consider: Many unsolved cases of hacking of bank accounts, Credit card misuse
are resulting in financial losses, damage to personal credit histories resulting in mental
trauma to the victim. While Sec 66 C of IT Act addresses of the punishment to the
criminal, it is silent on restitution and relief to the victim.
II- Identity Theft resulting in Damage to Reputation

A case of Identity Theft has been reported in the New Indian Express (4), where-in the
director of Telugu film Brundavanam, Mr Vamsi, had lodged a complaint that a fake
Facebook account had been created on his name and his morphed photos were uploaded
in addition to sending messages to a woman from the same account, which was traced by
cyber police investigating the crime under the IT Act.
-The Law: The above case can be covered under Section 66 D of IT (Amendment) Act,
2008(8), which describes : “Whoever, by means of any communication device or computer resource,
cheats by personation, shall be punished with imprisonment of either description for a term which may
extend to three years and shall also be liable to fine which may extend to one lakh rupees.”
-Points to consider: While the investigations are under way in such cases, the criminal is
free to cause more trauma and damage to the reputation of the victim, which can be
remedied by suspending the criminal activities pending conclusion of the case.
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III - Identity Theft resulting in Damage to Career

According to news reports (5), “Wadgaon Road Police registered a criminal offence
against an unknown educational trust running an Engineering college in Andhra Pradesh
on a complaint lodged by former principal of a college in Yavatmal, Maharashtra, alleging
that the college has misused his bio data and portrayed him as professor of physics on its
website by using his name, date of birth, educational qualification and e-mail address. The
complainant was on active service till February 28, 2011 but the College has shown him as
professor since February 8, 2011.
Points to consider: This is a unique case where no one has appropriated the victim’s
identity, but, his profile in totality, which is a combination of different personal identifiers
has been utilized without being assumed by any individual. Hence, strictly speaking none
of the existing sections of IT Act is applicable here.
As similar incidents as above can happen in the booming professional education
segment, provision must be made in the IT act by declaring “usage of, or cause the use of
unique or non-unique identifiers of an individual either alone, or in conjunction with other identifiers,
whether unique or not, in order to wrongfully convey an identity is considered as Identity Theft by
assumption”.
IV- Identity Theft resulting in Career Loss

According to news reports in Times of India (6), A manager of a NOIDA based
company had his identity used by another person living under his name in Dubai for 2
years on a residential visa. He discovered this when called for a job in the middle-east,
where-in the company he applied to, had mentioned issuing VISA in his name already,
and informed that his job offer and visa were cancelled.
The Law: The above case can be covered under the Sec 66D, IT (Amendment) Act,
2008(8), which defines “Whoever, by means of any communication device or computer resource
cheats by personation, shall be punished with imprisonment of either description for a term which may
extend to three years and shall also be liable to fine which may extend to one lakh rupees.”
Points to consider: This is a unique case of Total Identity Assumption, where complete
identity has been stolen, denying the victim of the lawful usage of his identity, and when
the case is solved, there should be a provision for the victim to be restored his legal
identity with all the rights and privileges accorded under the constitution.
Observations of the study

The study under this paper has set out to define Identity Theft and Identity
Assumption by analyzing various cases of Identity Theft, and, has come up with the
following observations:
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Identity theft crime in India
1) In the case of Identity Theft leading to financial damage, this study strongly argues
in favour of restitution and relief to the victims in repairing their damaged credit
history.
2) In the case of Identity Theft leading to reputation damage, this study strongly
argues in favour of an interim relief to the victim, through suspension of the
criminal activity undertaken, while the case is under investigation.
3) In the case of Identity Theft leading to career damage, the study highlights the
shortcomings of the existing sections under the IT Act, and strongly argues in
favour of defining Identity Assumption as a cognizable crime when a combination
of identifiers can be utilized to assume an identity relating to the victim.
4) In the case of Identity Theft leading to career loss, the study strongly argues in
favour of considering the Total Identity Assumption as a cognizable crime and
providing restitution and relief to the victim by securing identity to the legal
owner.
5) By examining different case scenarios, the study strongly argues in favour of
considering Identity Assumption per se as a crime, whether or not a crime has been
committed through Identity Theft or Identity Assumption.
Conclusion
In view of the observations of this study and upon examining the various provisions of
different sections 66, 66 A, 66 B, 66 C, 66 D, 66 E, 67, 67 A and 67 B of IT Act, 2000(7),
IT (Amendment) Act, 2008(8), it has been found that appropriate definition of Identity
Theft, Identity Assumption and declaration of unique identifiers have not been made
under the IT Act.
1) In order to address the deficiencies as above, this paper attempts to define,
Identity Theft and Identity Assumption as:
“Knowingly transfers or uses, or merely assumes without lawful authority, a means of
identification of another individual by using unique identifiers, either alone or in conjunction with
other identifiers of that individual, whether unique or not, with the intent to commit, or, aid or
abet, any unlawful activity under applicable laws is a crime under the Act”.
2) The Unique identifiers under the IT Act may be defined as those data such as:
“Name, Family Name, Date of Birth, PAN Card, Passport, Driving License, EPIC, Bank
Debit or Credit Card with PIN and CVV, Log-in IDs, Passwords and Transaction codes,
Digital signatures, UID, Biometric identifiers like Finger print, Retina / Iris Scan, Voice Scan
(or) any such identifiers that may be deemed to be unique to a person, or any or all documents
issued by and under State and Central Government authorities”.
In the light of the conclusions drawn as above, the objective of the current study has
been adequately addressed in this paper.
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88
Social Networking: A new target of cyber crime
Mehtab Khalil and Subuhi Hassan
Introduction
Today we live in such a world which is becoming technologically superior day to day.
Cyber world is one of them, and its newest member is social networking websites. One
may think what possible harm it can do upon us. Social networking sites like face book,
orkut etc is a mode of communication and a form of reunion with the old pals in different
mode of life. One may also think how social networking websites and crime can be
related, how it can affect a person. Criminals are targeting social networking sites and it is
becoming a new crime scene. Lots of interpersonal crimes are being committed on social
networking sites. Increase in cyber crimes has led many countries to take various steps to
stop cyber criminals from targeting innocent users, despite all efforts, cyber crimes on
social networking are increasing.
Definition and nature of Cybercrime

Cyber crime is the use of computers and the internet by criminals to perpetuate fraud
and other crimes against companies and consumers (Chaubey, 2009, p. 135). It is used to
describe criminal activities committed on computers or internet, some of it is punishable
by laws of other countries (Pati, n.d.). Any criminal activity that uses a computer either as
an instrumentality, as a target or means for perpetuating further crimes comes within the
ambit of Cyber Crime. A generalized definition of cyber crime may be “unlawful acts
wherein the computer is either a tool or target or both” (Chaubey, 2009, p. 141).
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Characteristics of Cybercrime
9 The weapon with which cyber crime are committed is technology.
9 Cyber crime does not have any jurisdictions, no boundaries.
9 Cyber crime has the potential of causing harm and injury which is of an
imaginable magnitude.
9 It is extremely difficult to collect evidence of cyber crime and prove the same in
court of law, due to anonymity and invisibility of cyber criminals.
Victims of Cybercrime
In most of the cases an innocent person becomes victims of cyber crime, who open or
click any links on internet which has money associated with it without knowing anything.
285
Chaubey,2009, p. 142
Social Networking
Secondly are those victims who are greedy for money. Thirdly are those who have
attitude of when it will happen then we‘ll do something. Lastly are those who download
files songs etc from entrusted sources.
Kinds of Cyber crime

1. Internet stalking: It is the use of Internet or other electronic means to stalk or harass an
individual, a group of individuals, or an organization for personal gain. Social networking
websites like face book, MySpace are also being used for stalking and harassing individuals
who leads to murder and suicide.
2. Cyber bullying: It is the done to harm other people, in a deliberate, repeated, and
hostile manner. Social networking sites are being actively used to bully innocent
individuals by posting hateful posts and pictures on Facebook. It leads to psychological
effects on victims; trauma to them. As legal help comes late, it often leads to depression.
3. Defamation: Social networking sites are becoming a new place to defame others by
making fake profile of individuals, organizations, group’s etc, giving false information and
lowering reputation. Example on face book the picture of Manmohan Singh and Sonia
Gandhi was made defaming their public figure.
4. Identity theft: It is a form of stealing someone's identity in which someone pretends to

be someone else in order to access resources or obtain credit and other benefits in that
person's name. Criminals’ steals victims’ data like credit card number etc. to commit
crime, e.g. Cola-cola lottery scam. Stolen identity are also used on social networking sites
to target individuals or in others illegal activities which is cyber terrorism.
5. Cyber blackmailing: It is done through which computers and internet is used to

blackmailing others, by obtaining confidential materials in form of pictures, videos, etc. In
a case boyfriend tends to blackmail his girlfriend that if she leaves him he will attach some
of her pictures on face book and make it obscene.
6. Online sexual exploitation of women and children: Online advertisement of brothels,

sex services, online sex tour are few examples, more over men share their sexual
experiences with prostitutes, places to find such prostitutes, hotel prices, sexual acts etc.
Live video conferencing is also used for online sex shows. An example of such site is
alt.sex.services – now alt.sex.prostitution. Internet has become biggest source of
advertisement for sex tourisms.
7. Sexting: It is the act of sending sexually explicit messages or photographs, primarily

between mobile phones. A child sends or have possession of such pictures are charged
with possession, distribution of child pornography in those countries which have strict
anti-child pornography laws like US. In present children are both victims and offenders of
sexting.
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SASCV 2013
8. Online child grooming: It refers to actions undertaken with the aim of befriending and
establishing an emotional connection with a child, to lower the child's inhibitions in
preparation for sexual activity with them. Jim Gamble, leader of the Child Exploitation
and Online Protection Centre of the United Kingdom, stated in April 2010 that his office
received 292 complaints about Facebook users through the year of 2009 but none of it has
been registered.
Social Networking: Ground for Divorce / Murder

In recent cases in which there is no direct involvement of social networking sites but
murders/suicides have taken place due to post, messages pictures etc. in a recent case a
Dutch teen was jailed for killing girl over Facebook post, the case of Adnan Patrawala
(Orkut); the suicide of Megan Meier on MySpace.
Privacy in Cyberspace
The right to privacy refers to the specific rights given to an individual to control the
collection, use, disclosure of personal information. On social networking sites like
Facebook, MySpace etc, the individual privacy is being infringed (Chaubey, 2009, p.
891). The basic right to protect individual’s privacy under the Universals Declaration of
Human Rights, 1948 as follows,
Article 12: No one shall be subjected to arbitrary interference with his privacy, family,
home or correspondence, or to attacks upon his honour and reputation. Everyone has the
right to protection of the law against such interferences or attacks. It is connected to
freedom of expression under 19 (1) of Indian constitution.
The Jurisdictions in Cyber space

The word “Jurisdictions” is wide and embraces every kinds of judicial action, it is the
authority of court to decide and resolve dispute involving persons, property. There are
certain principles which are being followed by the authorities to decide the jurisdiction of
a case in cyberspace.
¾ Territoriality Principle: It allows a state to order service providers who operate
on its territory to obey its regulations, it can also allow barring access to certain
websites within state boundaries.
¾ Nationality Principle: The right of the state to regulate the conduct of its
citizens or nationals anywhere in the world is like territorial jurisdiction but non
controversial. For example states are outlawing child terrorism.
¾ Effects of Principle: Effect of principle can be invoked only when an act
committed by one state to injury other. Jurisdiction is grounded only to injurious
effect not the act done in the territories of a state.
¾ Protective Principle: It allows a state to protect its own governmental functions.
International law allows state to punish certain criminals who committed offences
outside the territory who are not its national, offences such as falsification of official
document, counterfeiting of state seal or currency.
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Social Networking
¾ Universality Principle: Universality provides for jurisdiction over a crime which

customary or conventional law labels it to be of universal concern. It does not
require a direct contact unlike others.
Conclusion
There are many countries who are taken steps to overcome the problems of social
networking cites specially facebook thorough banning it or making a change in it.
Censorships of Facebook has been done by countries like 286Australia where facebook has
10 million Australian users and almost half of the population requires people to state at
sign-up that they are at least 13 years of age because there is currently no way to formally
enforce the age limit, in July 2011 Australia began considering giving parents access to
their children's pages, requiring proof of age at sign-up, and increasing the age limit to
18.287In China facebook was blocked following the July 2009 Urumqi
riots because Xinjiang independence activists were using face book as part of their
communications network etc. But in India 288the government does not regulate content
[on WWW] and there is no proposal to formulate any mechanism to regulate the content.
By these steps the victims are saved and cyber crimes are reduced.
References
Chaubey, R. K. (2009). An introduction of cyber crime and cyber law. Kolkata: Kamal Law
House.
Pati, P. (n.d.) Cybercrime. Retrieved on 14th September, 2012 from
http://www.naavi.org/pati/pati_cybercrimes_dec03.htm
286
Australia mulls Facebook 18+. (2011, July 21). Dawn. Retrieved from http://dawn.com/2011/07/21/australia-mulls-facebook-18/
287
80 pct of netizens agree China should punish Facebook". The Person’s Daily Online. July 10, 2009. Retrieved July 13, 2009.
288
Joshi S. (2011, December 15). No plan to regulate social networking sites, says Pilot. The Hindu, Retrieved from
http://www.thehindu.com/news/national/article2715318.ece
407
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Assessing the present status of cyber criminology:
Obstacles, challenges, and promising paths
Michael Bachmann, Brittany Bachmann and Patrick Kinkade
Computers have become an integral part of every aspect of our lives. Computer
technologies are relied on for nearly everything we do and we live in societies that are
fundamentally dependent on digital infrastructure for their continued functioning.
Increasingly, this mission-critical nature of computer networks for nearly all industry
sectors, combined with the wealth of personal information that is being put online, has
bred a new type of dangerous criminal—one that is targeting computers to steal our
information, finances, and personal identifications (Bachmann & Corzine, 2009; Furnell,
2002; Holt, 2010; Jaishankar, 2007, 2008; Jewkes, 2007; Nhan & Bachmann, 2010; Yar,
2006). The Office of the President of the United States suggests that threat posed by these
cyber-criminals “is one of the most serious economic and national security challenges”
(2009, para. 18).
Today, governments around the globe struggle to employ effective countermeasures
against cyber-attacks. The implementation of such countermeasures is increasingly
facilitated by the vast amount of scientific knowledge about the technical details of the
various attack methods (Amoroso, 2011). Unfortunately, the guidance provided by these
studies is limited to details on the methods of attack and is left lacking insight about who
the attackers are and how they differ from “traditional” criminals. This situation persists
despite the concerted efforts of a small number of dedicated cyber-criminologists from
around the globe (among them Bachmann, Brenner, Holt, Jaishankar, Jewkes, Kilger,
Nhan, Turgeman-Goldschmidt, Wall, Yar, to name but a few) to advance this newly
developing field of criminological study.
While there have been significant advances, the new field of cyber-criminology is still
confronted with a host of problems, some related to the definition of the subject matter
and others to the early developmental state of the field. To begin with, the debate as to
whether the establishment of this discipline is justified at all (Graboski, 2001) still
continues: are these simply traditional crimes committed with new means? Further,
definitional controversies about what exactly the term “cybercrime” should encompass
and how it should be delineated from other types of criminal enterprises is still in question.
Exacerbating the situation are several practical problems researchers in this young
discipline have yet to overcome. Among them are the remaining scarcity of reliable and
generalizable data sets, the limitations of available data to largely victimization-centered
surveys, the lack of theories formulated to explain crime and victimization online, and the
shortage of scientific outlets for research products. Major criminological associations (e.g.
the American Society for Criminology (ASC)) continue to marginalize cyber-
Assessing the present status of cyber criminology
criminological studies in their annual conferences and, partly due to the many unresolved
methodological problems, cybercrime researchers face significant difficulties in getting
their manuscripts accepted by top-tier criminological journals. Working against this
reality, the Federal Bureau of Investigation (FBI), in cooperation with the National White
Collar Crime Center (NWC3), the RAND Corporation, and SANS have begun various
projects to collect better cybercrime data (among them the Internet Crime Complaint
Center (IC3)). Moreover, Jaishankar (2008) has introduced the first theory exclusively
developed to explain offending in cyberspace and has founded the first academic journal
exclusively dedicated to the criminological study of cyber crimes, the International Journal
of Cyber-Criminology (Jaishankar, 2007). These and similar efforts aside, the fact remains
that cyber-criminology is largely ignored or marginalized by mainstream criminology, and
that many criminologists refrain from examining this important, future-oriented issue.
Whether it is that they are lacking the necessary understanding of technology, are
intimidated by the jargon of the field, or that they continue to fail to realize the full extent
of societal implications of this new type of crime, the lack of consideration is troubling.
Others become discouraged by the multitude of methodological problems involved in
conducting quantitative studies of cyber-offenders, particularly when attempting to
generate representative samples of online offenders. Taken together, these problems
systematically discourage many from studying the problems and, in turn, result in still
limited, albeit rapidly increasing, numbers of annual publications.
The proposed presentation addresses many of the main problems facing cyber-
criminologists today. It intends to shed a light on the difficulties and suggests ways to
overcome them. The strengths and weaknesses of potential methods are analyzed and their
implications for the interpretation and generalization of results are considered. Suggestions
for future research are provided. The presentation seeks to spark a conversation with the
audience about promising solutions to some of the current problems and potential
approaches of how to create standards for future research in the new area of cyber-
criminology.
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Cyber Stalking: Regulating harassment over internet
Nithin V. Kumar and R. Devi Shri
Introduction
Internet and the information revolution created by it have already impregnated all
areas of human life. Internet and other telecommunication technologies are promoting
advances in virtually every aspect of the society and every corner of the globe, fostering
commerce, improving education and health care, promoting participatory democracy in
developed and developing countries and creating social networking platforms around the
world289.Although internet has created many conveniences in modern life it has also
introduced number of unexpected legal scenarios which were unknown to traditional
criminal jurisprudence and challenges it by transcending all physical boundaries and
limitations to detect, punish, and reduce crimes. Internet now has became a fertile
breeding ground for many new and unique types of criminal offences like that of identity
theft, online stalking, electronic money laundering, electronic vandalism, terrorism and
extortion, investment fraud etc.
This paper attempts to analyse the issue of Cyber stalking and tries to advance certain
proposals for remedying the legal lacunae. First part of this paper defines the crime of
cyber stalking and tries to identify the characteristics of this particular crime and its
offender as well as how social networking sites like facebook or myspace are being
misused. Second part of the paper tries to examine the existing Cyber Stalking legislations
across the world and analyse how Indian laws are competent to deal with this issue and
lastly authors’ concludes this paper by attempting to advance certain policy considerations
that should be kept in mind while framing a legislation to remedy this particular offence.
Literature Review
Authors while researching for this paper came across number of highly researched
materials which tries to conceptualise the nature of cyber stalking and throws light into
flaws of existing legislations worldwide dealing with online harassments. To provide and
understand the basics and background of the paper research was done into three main
areas, firstly to conceptualise the nature of offence of cyber stalking secondly, the impact
of offence on the victims and lastly the legal recourse worldwide specifically US, UK and
India and their flaws in dealing with the situation. A couple of highly researched articles
that would help to understand the nature of cyber stalking are the following:
289 See K Jaishankar and V Uma Sankary, Cyber Stalking: A Global Menace in the information Super Highway , available at
http://www.erces.com/journal/articles/archives/volume2/v03/v02.htm#uma
Cyber stalking
¾ An exploration of predatory behaviour in Cyber space: Towards a typology of

cyber stalkers, by Leroy McFarlane and Paul Bocij.
¾ Cyber stalking : A global menace in the information super highway, by K
Jaishankar & V Uma shankary.
¾ Cyber stalking: An analysis of online harassment and intimidation by Michael L
Pittaro.
¾ Harassment through the digital medium – a cross jurisdictional comparative analysis
on law of cyber stalking by Warren Chick.
This paper is completely based on doctrinal research and has extensively relied on
articles, bare acts and book which are found online. The research data’s included within
the paper are also part of various survey reports which are found online. Inclusion of
empirical data by analysing incidents of cyber stalking within a university or a region/city
would help one to understand how far this menace is prevalent in India.
Cyber Stalking – Definition and Nature

Stalking is not a new problem, it has already found its place in criminal jurisprudence
owing to media coverage received by this term owing to number of celebrity stalking
cases, although many world countries including India have not enacted a specific Anti-
Stalking code to prevent this kind of abuse290. Despite decades of acceptance of this term
into criminal research there is no concise universal definition for the term stalking and
even worse there is very much less literature available with respect to cyber stalking291.
Stalking is generally referred to as “harassing or threatening behaviour than an individual
engages in repeatedly, such as following a person, appearing at a person’s home or place of
business, making harassing phone calls, leaving written messages or objects and may or
may not be accompanied with a credible threat of serious harm or assault”292. Internet now
has simply provided a new medium for the same old crime. Cyber Stalking has been
defined as the use of internet, email or other electronic communications devices to stalk
another person along with some threatening behaviour293.
The term cyber stalking can be used interchangeably with online harassment and
online abuse294. Lot of literature have looked into difference between offline and online
290 See Bombay High Court Judgement in matter between Meeran Borwankar and Asha Bajaj, Also sell “there is a need for Anti Stalking law” an News citing the above
judgement available at http://www.dnaindia.com/mumbai/report_there-is-need-for-anti-stalking-law-hc_1201895
291 See an explanation of predatory behaviour in Cyber Space: Towards a typology of Cyberstalkers, Leroy McFarlane and Paul Bocij
292 See Patricia Tiaden and Nancy Thoennes, Stalking in America: Finding from the Nation al Violence Against Women Survey, April 1998 available at
https://www.ncjrs.gov/pdffiles/169592.pdf
293 See why does Cyber Stalking occur as often as it does? Available at Cyberangels.org
Another comprehensive definition has been given by McFarlane and Bociji
"A group of behaviours in which an individual, group of individuals or organisation uses information technology to harass one or more individuals. Such behaviour may include,
but are not limited to, the transmission of threats and false accusations, identity theft, data theft, damage to data or equipment, computer monitoring and the solicitation of minors
for sexual purposes. Harassment is defined as a course of action that a reasonable person, in possession of the same information, would think causes another reasonable person to
suffer emotional distress."
294 See Supra note 1
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SASCV 2013
stalking, with one side taking view that both the crimes are part of the same species while
some other taking a stand that online stalking is a completely new offence and needs to be
treated differently from traditional stalking cases. Cyber stalking takes place mainly
through three means emails, internet stalking accompanied by physical threats and
computer based stalking. McFarlane and Bociji based on their research have classified
cyber stalkers into four, vindictive, composed, collective and intimate cyber stalkers
where as other authors adds more to the list like acquaintance stalker and stranger
stalker295, rejected stalker, intimacy seekers, incompetent suitors, resentful stalkers,
predatory stalkers and delusional stalkers296.
Cyber stalking cannot be completely regarded as an offence against women as a study
conducted by Working to Halt Online Abuse (USA) reveals that the number of female
cyber stalkers has increased from 27% in 2000 to 38% in 2003 which indicates that issue at
hand is gender neutral297. Studies also reveal that the psychological fallout from electronic
stalking and by putting false and humiliating information on internet caused more intense
stress and trauma to the victims than an offline stalker’s victim298.
Anti stalking legislations

The second part of this paper examines contemporary legislations in US, UK and India
which deals with cyber stalking. All individual states in US have enacted some kinds of
stalking legislation and most of them have addressed cyber stalking within these
provisions299. Most state requires three elements to present to prove a stalking case300:
9 Threshold of threatening behaviour on the part of the offender which
continues as a series
9 Intention on the part of the offender to perform those acts
9 Knowledge on the part of the offended that it would cause emotional distress
to a normal person
It must be noted there in comprehensive federal legislation to deal with cyber stalking
in US though several Bills have been proposed in senate as well as a Model Anti stalking
code for states was passed in 1993.
Paper would specifically examine the position in England by looking into provisions of
Protection from Harassment Act of 1997 and current developments following the
National Stalking awareness week in March 2011. In India also there is a legal lacuna with
respect to cyber stalking and even stalking for that matter. India doesn’t have a separate
code to deal with these matters though it is a need of the hour. The Indian information
technology Act does not directly address the issue of online stalking but the problem is
295 See Joseph c merschman, The dark side of web: Cyber stalking and Need for contemporary legislation, 24 Harvard Women’s Law journal, 255, 2001
296 Supra note 1
297 See http://www.haltabuse.org/resources/stats/Cumulative2000-2011.pdf
298 See Beware! Cyber Stalking causes intense stress, available at http://www.siliconindia.com/shownews/Beware_CyberStalking_causes_intense_stress_Study-nid-88199-cid-
2.html
299 Find state wise Anti Stalking legislations here http://www.haltabuse.org/resources/laws/index.shtml
300 See model Anti stalking code for states, 1993 available at http://www.popcenter.org/problems/stalking/PDFs/NIJ_Stalking_1993.pdf
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Cyber stalking
dealt in a separate manner under section 72 and 72 A which deals with breach of
confidentiality and privacy. This paper attempts to analyse these provisions of IT Act and
see how far they are useful in dealing with the offence of cyber stalking.
There is a legal vacuum in addressing the issue of cyber stalking in most jurisdictions
and owing to nature of the offence and the possible effects it may produce on the victims
requires formulation of an effective code to deal with this offence. Authors in their
conclusion attempts to lay down certain policy measures which should be taken into
consideration by the governments while framing Anti Cyber Stalking legislation.
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Reflections of cyber naxalism on social networking behaviours
in cyber democracy
Payal Thaorey
The concept of Socialism and Liberty of expression both has engrossed its roots from
the Preamble of the Constitution of India. Though, in the contemporary world it has
changed its modes, from visible environment to invisible cyber matrix. This limitless cyber
world provides enormous opportunities for the netizens to explore new behaviors
particularly with the social networking sites. Whereas naxalism aims to change the face of
India, which they feel possible only with a violent struggle that will effectively end the
oppression and merciless exploitation of landless workers and tribes by landlords,
industrialists and tradesmen and create a classless society.
The Social Networking Sites has billions of users. Its application ranges from
propagation, communications, to expression of thoughts, expression of anger, cyber
Protest etc. Its impact can also be seen on the politics where it has allowed the citizen
groups to connect with another. It is not only a tool to organise protest but also a means
for a new repertoire of collective action. Along with this the most important feature of
SNSs is that it allows the user to maintain his anonymous status whereby not allowing
others to know about that user’s identity. Being horizontal, bi-directional and inter-active
with less fear of identity being disclosed the Internet favours participatory organisational
processes.
The Anti-G8 protest in Genoa in July 200I and the European Social Forum in
Florence in November 2002 are the examples where the use of internet was made to
represent the protests, demands and ideas of the people. Though such protests (expression
of anger) are considered as genuine and legitimate as per the protestor, but there is every
possible chance that it might turn into criminality and anti national movement.
The hate sites against Countries and Communities which have often defied a legal
solution sometimes leads to naxalism. The existence of such sites, damages the peace and
harmony in the Community if left unattended. At the same time excessive attention to
such sites may actually further the cause of the negative propaganda.
The Internet has now come in handy for these anti social elements known as hackers
to spread anti governmental movement to further the cause of Naxalism and terrorism. It
has therefore become an important task of the Cyber Security Agencies in the country to
take preventive and punitive action so that Cyber Space is not used to harm the
sovereignty of the country and the democracy of the cyber space.
The hactivists many a times while expressing their views, agitations and angers hits
official websites of the country and shutdown the official functioning. The DDOS attack
of "Anonymous Hackers" in India on the websites of the Supreme Court of India, raises a
Reflections of cyber naxalism
serious concern on how the ill advised actions encourages hactivists to pursue a policy of
confrontation with the Government. It is possible to dismiss the incident as an expression
of anger for a cause which may actually be right. But this incident also makes us uneasy
with the thought that it may provide legitimacy and invoke sympathy to an action which
can very easily and very soon get out of control and degenerate into a mass anti-India
action on the Internet. This shows us the glimpse of how the Naxalite movements have
grown in India starting with a genuine cause of raising against unfair oppression then
degenerating into criminality and an issue of national security. The responsible elements in
the community (particularly the Law enforcing Agencies and Media) have to closely
monitor the emerging situation so that the anti national hate sites are nipped in the bud
with timely moderate regulation.
The name www.hinduism.org indicates that it is a site that should logically be
promoting the cause of Hinduism. On the one hand it propagates Hinduism whereas on
the other it creates a Muslim-Hindu divide which ultimate provokes the public. These
sites have enough potential to irritate the excitable elements in the Hindu society and
provoke them to act irrationally against some other groups in the society. If this happens,
then the inaction of the community at the present juncture would be devastating.
Another illustration is the Kashmir Movement – where due to unrest, youth are using
internet pages through the community called “Kashmir Unrest” to express their anger
against human rights abuses. Social networking sites like Facebook, Orkut and YouTube
and other web platforms have become a battleground for the angry youth of the valley. All
these incidences point out towards a behavior on the social networking which has the
potential of becoming a Naxalite movement.
Recently, some 10 Mexican government online properties as well as the websites of
several Mexican ministries and political parties were attacked by Mexican hacktivist
group known as Mexican Cyber Protest (MCP) on the day the country celebrated its
independence. All these incidences show that cyber protest has a huge potential inside it.
If the demands of the hactivists are not fulfilled than they are ready to destroy the
government/official websites.
Another issue of concern here is that the Government left with two choices in such kind of attacks by
the hackers:
First is the choice of using the law and make the Internet Censorship an effective
move with an iron hand. They can ban all erring sites or may start a "White List of
allowed Websites at the ISP level" and ensure that all websites available in India are
licensed and the criteria for license is that they should follow the content prescriptions of
the ruling Government. This will ensure that the fight between the Netizens and the
Government will continue and perhaps increase. The hactivists may join forces with the
anti India terrorists and may even pose a threat to the national cyber security. The
defacements and DDOS attacks can be ignored and if fought with strong counter
insurgency measures. It will provide a lot of job opportunities to Cyber Security firms
415
SASCV 2013
who can tie up with the DIT and enjoy the lucrative business that may flow in from the
enormous Government funds available for fighting National Security.
The second choice is to realize that the best way to fight the current wave of
insurgency is to diplomatically accept its mistake and change the current policy. The
maturity of the Government will be on test in the coming days as we follow the reaction
of the Government to the current wave of attacks for anonymous hackers on select
Government websites leading to cyber naxalism.
Factors responsible for Cyber Naxalism in the cyber Democracy

• Easy access to the wide network
• Low cost
• Viral characteristic – news spreads exponentially
• Demand for instant gratification – queries, responses and counter-responses are
posted instantaneously
• Anonymity
• Lack of legal provisions
• Global viewing
• Easy to have Cyber protest
• Unfair oppression
• Convenient mode for Expression of anger
• Diversion from the issue
• No restriction on the expression of thoughts (may leads to creating further
controversies)
• Identity thefts
Besides providing a pervasive infrastructure for discreet communication, cyberspace is
proving to be a facilitator for malevolent seeking to enlist new recruits and to purvey a
distorted version of the reality which affects the cyber democracy.
Regulatory Mechanism
There is no single global legal framework regarding the regulation of operation of
online soft networks. The regimes which are available to deal with the electronic
governance, Information Technology and online Trade not sufficient even at the
international level.
Framework & Guidelines for the use of social Media for Government
Organisation
The Engagement Analysis under 5.1. (6) States that Social media is different from other
internet activities and hence monitoring must be an integral part of any social media
strategy.
Further the Information Technology Amendment Act, 2008 does not contain a direct
provision which deals with social networking behaviors. Though Section 43, 65, 66A,
416
Reflections of cyber naxalism
66F, 69A of the IT Act, 2008 may be extended to a certain extend which may help in
regulating the SNSs behavior particularly with Cyber Naxalism.
Section 153A & 153B of Indian Penal Code also contributes in dealing with the cyber
Naxalism through Social Networking Sites. In 2003 Government of India established the
Indian Computer Emergency Response Team (CERT-IN) to ensure Internet security.
The researcher is of the view that, though the concept of Cyber Naxalism is at very
primary level in India, but certainly its impact and consequences cannot be ignored. The
diversification in the usages of Social Networking sites raises concerns for the law making
agencies throughout the globe.
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Generation Y and online victimization in Nigeria:
How vulnerable are younger internet users?
Philip Ndubueze
Introduction
Digital technology has produced a generation of people who have developed a strong
sense of attachment to the Internet, computers, cell phones and computer mediated
communications like emails, social networking sites and instant messaging. This generation
often referred to as the generation Y are computer-hypersensitive and internet-centric.
They have a growing network of friends which they met for the first time online and with
whom they sometimes make offline contacts. Young people normally shut out their
parents/guardians who are supposed to do the gate keeping function and protect them
from online predators. On the 22nd of July, 2012, a 24 year old young woman, Cynthia
Osokogu, the daughter of a retired army General was murdered in cold blood in a hotel
room in Festac town, Lagos, Nigeria by men whom she met on face book. Whereas, the
suspects were tracked by the Nigeria police through the hotel’s Closed Circuit Television
(CCTV) footage and are been prosecuted, the murder of Miss Osokogu has raised serious
concerns about the safety of thousands of young Nigerians who interface with hitherto
unknown persons on the internet.
The internet and other new technologies are a necessary evil in society (Shalhoub-
Kevorkian & Beranblum, 2010). Teenagers use them to connect and socialize with their
friends (Keith & Marin, 2005). Two-third of those within the age bracket of 12-15 and a
quarter of the 8 to 11 age bracket frequent social networking sites (Spielhofer, 2010).
Students whether they are offenders or victims do not want to be disconnected from their
online social networks (Kraft & Wang, 2009). There is an upsurge on the number of
young people who access the internet and computer mediated communication (Bowker,
2000; Hinduja & Patchin, 2007). Criminals have also found in the internet and other
computer mediated communications a veritable platform for information exchange (Di
Marco & Dimarco cited in Holt, 2010). Hirtenlehner, Starzer and Weber (2012) identified
4 different patterns of stalking. One in 13 children who are between the age bracket of 11
and 16 have repeatedly been victims of cyber bulling in the past one year. One quarter of
children who are 14 years of age have arranged face-to-face meeting with an online
contact, while 15% of the 8 to 12 year old bracket actually did (Spielhofer, 2010).
Similarly, 1 in 7 children between the age bracket of 10 and 17 are sexually solicited
online (Iowa Internet Crime Against Children, 2009).
Despite the grave risk the internet and computer mediated communication platforms
expose young people to, the subject matter of online victimization of young people have
Generation Y and Online Victimization in Nigeria
not been fully explored by researchers. This study attempts to feel that void by bringing to
fore the vulnerability level of the generation Y to online victimization and propose ways
to deal with the problem. The study found that age is predictor of cyber crime
victimization and concludes that young respondents by virtue of their penchant for the
internet and computer mediated communication are the most vulnerable age group.
Methods
A study sample of 1500 was drawn from Lagos metropolis using multi-stage approach.
The cluster, simple random and availability sampling methods were used in selection of
the respondents. The first stage involved the division of Lagos metropolis into 16 clusters.
From the 16 clusters, simple random sampling was used to select 10 local government
areas. The second stage involved the use of the simple random sampling to select 5 cyber
cafes from each of the 10 local government areas, totalling 50 cyber cafes. The third stage
involved the selection of 30 cyber cafe users from each of the 50 selected cyber cafes to
make up 1500 respondents. This was done using availability sampling method. In each of
the chosen (50) cyber cafes, respondents were selected on the basis of availability at the
cafe until the required number of 30 respondents were selected. However, only 1354
questionnaires were validly completed and used for data analysis.

The selected sample consisted of 817 males and 537 females. The youngest respondent
was 15 years of age while the oldest was 57 with a mean age of 32 years. The data indicate
that 18.9% of younger respondents and 13.0% of older respondents have been victims of
cyber crime. Similarly, 81.1% of younger respondents and 87.0% of older respondents
have not been victim of cyber crime. There is no significant deference (X2 = 3.311, df =
1, p= .069) in cyber crime victimization between the two age groups of the respondents.
However the result of the logistic regression predicting the influence of demographic
variables on cyber crime victimization shows that three variables: age, occupation and
religion were statistically significant (p<.018, p<.002 and p<.044 respectively). The
distribution suggests that younger respondents are more likely to fall victim of cyber crime
than older respondents. Therefore, age is a good predictor of cyber crime victimization.
The relationship between age and crime has long been established in literature
(Stolzenberg & D’Alessio, 2008).
The generation Y possesses some character traits that clearly distinguish them from the
generation X (comprising of those born earlier than the 1980s). This generational gap
explains the difference in their approach to emerging technologies and their vulnerability
to online victimization. The will be buttressed in the table below.
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Table 1: Online Character Index of Generation Y and Generation X

Generation Y Generation X
Computer/internet-centric A computer/internet-centric
Internet-adventurous Internet-precautious
Online friendly Online non-friendly
Online care free Online careful
Fun/compulsion-based surfing Work/need-based surfing
Predators-insensitive Predators -hyper sensitive
Furthermore, in Nigeria certain socio-economic factors account for the vulnerability

state of younger internet users First, admission into public institutions of higher learning is
highly competitive. Second, there is high youth unemployment. Third, today, unlike a
decade ago, more women are engaged in the labour force. Consequently, the generation
Y have spare time and capacity which look for platforms for expression and found in the
internet that platform.
Conclusion/Recommendations
The internet and computer mediated communication have changed the scope and
tenor of victimology. Obviously, online victimization is one subject matter that will
continue to engage researchers worldwide. Young people are increasingly depending on
the Internet the world over; a dependence that has increased their vulnerability to online
victimization. This paper tired to establish a nexus between age and online victimization.
The paper argued that the character traits of the generation Y make them more susceptible
to cyber victimization.
To close the vulnerability window of generation Y to online victimization, national
governments should establish more task forces to protect children and young people
against internet crimes. Furthermore, Internet Service Providers (IPSs) should cooperate
with law enforcement agencies to police internet users and alert relevant law enforcement
agents once users cross the line of on-line ethics. They should also be on the lookout for
paedophiles that lurk around the internet with a view to pre-empting their nefarious
activities. Parents should closely monitor the online activities of their children and take
time to educate them on the dangers on online adventurism. Above all, the various
ministries of education should make “Internet Education” a critical component of the
computer education being taught in schools.
References
Bowker, A. L. (2000). The advent of the computer delinquent. FBI Law Enforcement
Bulletin, 69(12). Washington D.C.: United States Department of Justice, Federal
Bureau of Investigation. Retrieved on 15th August 2010 from
www.scribd.com/doc/30301250/FBI-law/enforcement-bulletin.
420
Generation Y and Online Victimization in Nigeria
Hinduja, S. & Patchin, J. W. (2007). Offline consequences of online victimization: school

violence and delinquency. Journal of school violence, 6(3), 89-112.
Hirtenlehner, H., Starzer, B., & Weber, C. (2012). A differential phenomenology of
stalking: using latent class analysis to identify different types of stalking victimizations.
International Review of Victimology, 18(3) 207 – 227.
Holt, T. J. (2010). Examining the role of technology in the formation of deviant
subcultures. Social Science Computer Review, 28 (4), 446 -481.
Iowa Internet Crime Against Children. (2009). Taskforce . Internet crime against children.
Iowa Internet Crime Against Children Taskforce. Retrieved on 26th August, 2010
from http://www.dps.state.ia.us/DCI/icac/index.shtml
Keith, S. & Martin, M. (2005). Cyber-bulling: creating a culture of respect in a cyber
world. Reclaiming children and youth, 13(4), 224-228.
Kraft, E. M. & Wang, J. (2009). Effectiveness of cyber bulling prevention strategies: A
study on students perspectives. International Journal of Cyber Criminology, 3(2): 513-535.
Shalhoub-Kevorikian, N., & Breanblam, T. (2010). Panoptical web: Internet and
victimization of women. International Review of Victimology, 17. 69-95.
Spielhofer, T. (2010). Child online risk and safety: A review of the available evidence. UK
Council for Child Internet Safety. Retrieved on 26th August, 2010 from
http:www.nfer.ac.uk/nfer/publications /COJ01/ COJ01:pdf
Stolzenberg, L., & D’Alessio, S. (2008). Co-offending and the age-crime curve. Journal of
Research in Crime and Delinquency, 45(1), 65 -85.
421
93
Ascertaining jurisdictional and related issues:
Cyber space analysis
Prachi Negi and Mustafa Haji
Introduction
Cyber space today is a virtual platform with no boundaries. It is a place which has no
defined dimensions and has immense space for everyone to get involve in transactions
without having a need to even disclose their identities. At a given point of time millions
of people indulge in some or the other activity in cyber space. Many people out of this
pool end up involving in activities which further encroach into some other countries’ legal
jurisdiction. And this, the people commit oblivious of the laws in other countries. Such
situations then become problematic because no country would entertain people
encroaching upon their laws and regulations. Hence they reciprocate in terms of taking
action against such persons. However it is not very easy for a country to accuse and trail
someone on mere establishment of facts because the action which one country considers as
crime is not necessarily a crime for the other country. And even if does there is always a
room for debate. Thus these again make things complicated and therefore make
jurisdiction an important aspect to ascertain liabilities.
Jurisdictions are of 3 types. These include jurisdiction to prescribe, jurisdiction to
adjudicate and jurisdiction enforce. Jurisdiction to prescribe relates to authority of a
sovereign to make its law applicable to the activities, relations or status of persons or the
interest of persons in things by legislations, executive or by the courts. Jurisdiction to
adjudicate refers to a sovereign’s authority to subject people to its laws and see whether
the laws in force have been violated by any chance. Jurisdiction to enforce as the name
itself suggests deal with the enforcement of laws to people within and outside the country.
There have been many cases where people have got indulged in activities on the
internet which have made them liable for certain offences in other countries. For
instance, in the case of Dow Jones & Co. incorporators v. Joseph Gutnick 36,301 involved an
issue where an online publication operated by a US magazine had published an article
which was found to offend persons in Australia. A case was therefore filed in Australia.
When the question of jurisdiction came up, the court held that it had jurisdiction to take
such cases. Also in one of the very landmark cases of V - Yahoo!, Inc. v. La LigueContre Le
Raisme et L'Antisemitisme302the issue was whether a French court can ask Yahoo which was
based in the US to remove contents which were offensive for people in France. After a
301
2002 HCA 56
302
169 F. SUPP. 2D 1181 (N.D. CAL. 2001)
Ascertaining Jurisdictional and related issues
long debate in the US court as well as the French court, Yahoo was finally made to
remove contents.
There are many such cases in the developed nations where the courts have
conveniently solved the issues of jurisdiction. However India being a new country to the
cyber sphere has very few legislations and judicial precedents when it comes to cyber
space. A concrete and a standard law to establish jurisdiction has not come in force as yet.
Cyber defamation in India

One of the major problems in the cyber space which the researchers believe is that of
defamation. People find it very convenient to defame and insult anyone on the internet
because it is a common presumption that the probability of someone getting caught for
defamation on the internet is very less. But this is not true because the risk of a person
getting defamed on internet is much higher that a normal print media.303And hence the
reciprocity is also very high. India is very new to the internet issues. Hence on of the first
major cases which were witnessed in India with respect to cyber defamation was in the
year 2001 which ended up with the Delhi High Court granting an injunction upon the
defendants for spreading erroneous information on the internet. The case is named as
SMC Pneumatics India Pvt. Ltd. V JogeshKwatra.304 The case involved a person sending
defamatory information from a foreign country to a company involved in India. The High
Court not taking into the territorial dilemma granted an injunction against the foreign
company.
In India the crimes with regards to cyber defamation are governed by the Information
Technology Act 2001 but however the information Act does not provide for a concrete
solution to the territorial problems. The information technology Act 2001 talked about
limited issue related to defamation. Section 79 talked about cyber defamation and the
immunity to the intermediaries. Section 79 has been further amended in the year 2008.
The provision is very similar to section 230 of the Communication Decency Act in the
United States. Section 79305 talks about how certain persons shall not be liable for
defamation. Sub clause 2 of the section provides that: “The intermediaries shall not be
responsible for the defamation provided that they had no knowledge and control over the contents.
However it could be again noted that this section restricts to only publishing the information by certain
persons”.
In a recent case of Ramjethmalani v SubramaniumSwamy the courts held that honesty is
of the belief of the touchstone.306It has also been held in the case of Broadway Approvals
Ltd. and Anr. v. Odhams Press Ltd. and Anr.307, that honest and fair expression of opinion
303
"Silencing John Doe: Defamation and Discourse in Cyberspace", (2000) 49 Duke L.J. 855 at pp. 862-865:
304
Suit No. 1279/2001 available at http://cyberlaws.net/cyberindia/defamation.htm
305
Notwithstanding anything contained in any other law for the time being in force but subject to the provisions of
sub-sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication
link made available by him.
306
AIR 2006 Delhi 300, 126 (2006) DLT 535
307
(1965) 2 All ER 523. This has also been held in the case of Telnikoff v. Maturevitch, (1991) 4 All ER 817 as well.
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on a matter of public interest is not actionable even though it may be untrue and not
established at a trial. Also in another case of Prof. Imtiaz Ahmad v. DurdanaZamir308 the
Delhi High Court observed that: "Under the law of defamation, the test of defamatory nature of
a statement is its tendency to incite an adverse opinion or feeling of other persons towards the plaintiff.
A statement is to be judged by the standard of the ordinary, right thinking members of the society at
the relevant time. The words must have resulted in the plaintiff to be shunned or evaded or regarded
with the feeling of hatred, contempt, ridicule, fear, dislike or disrespect or to convey an imputation to
him or disparaging him or his office, profession, calling, trade or business”309
Therefore taking into account all these cases and the amendment to the section 79 of
the Information Technology Act it could be concluded that in India person who is a
publisher shall not be responsible as long as the publishers proves that there was no malice
involved and the publication was under an honest impression. Also the courts refuse to
grant injunction on the basis that there is likelihood of a person getting defamed if the
information is let remain on the internet. One of the very interesting case which deals
with this issue is the case of TATA v Greenpeace310. In this case TATA Company had
accused Greenpeace for using their name to promote a game online and therefore was
seeking an injunction and damages of Rs 10 corers. The Delhi High Court refused to
grant an injunction on the grounds that it was very premature to do so before a proper
trial has taken place. An injunction could be granted only if it was proved that there has
been malice. Justice Bhatt relied upon the case of Bonnard v Perryman311which is an
authority for the same. The Bonnard rule says that defamation can be proved only in a
trial. Justice Bhatt also held that granting an injunction at this early stage would “freeze the
entire public debate on the effect of the port project on the olive ridley turtles’ habitat” and “would
most certainly be contrary to established principles.”312
Conclusion
Today, the world is transforming at an alarming rate and so is the number of various
online crimes such as cyber defamation, cyber terrorism, child pornography and etc.
Therefore a need to curb all these problems has become a necessity for any country. India
too condemns these issues and therefore the government tries to take many initiatives to
curtail such problems. However a proper mechanism to identify and then prosecute such
offences has lacked due to the non-availability of a proper jurisdiction. Hence ascertaining
proper jurisdiction acts as a basic foundation for a sovereign to enforce its laws. And
therefore we need to go make a body which would govern the internet laws in India.
308
2009 INDLAW DEL 119
309
Ibid ( Para 25 of the Judgment)
310
IA 9089/2010 in CS(OS) 1407/2010
311
[1891] 2 Ch. 269
312
Ibid 14
424
94
The misuse of social networking sites by terrorists:
Challenges to India’s national security in the 21st century
Praful Adagale
Introduction
The concept of security itself is an elusive term to fit into the national security
framework, so is the concept of securitization (Buzan, Waever & Wilde, 1998).With the
advent of revolution in the information and communication systems in parallel with
globalization, there has been a transformation in the concept of security that has also taken
place, from information technology to information warfare. The influence of globalization
channelizes and empowers the nonstate actors to fight asymmetric warfare in other states
or regions (Krishner, 2008). The use of internet for free flow of information, carry out
financial transition and more significant is to communicate by the way of building
networks with people across the nation is definitely the most cost effective tool, it
provides to the user across the world. However, this new world is named as the world of
‘cyberspace’. The term was created by W. Gibson in his cyberpunk novel
“Neuromancer”, (Dunn, 2005). This cyberspace is misused by terrorist and extremist, in
order to achieve their both, political and economic objectives, to fulfil their goals (O’Day,
2004). The use of internet which offers anonymity, speed, and low cost tools, makes the
social networking sites more vulnerable and easily accessible to the terrorists. The internet
allows diffusion of command and control; and the terrorist groups are known to share
information and to collaborate with one another through cyberspace (O’Day, 2004,).
Cyber terrorism is the latest and possibly the most intriguing form of terrorism. It is the
convergence of terrorism and cyberspace, bringing together two significant modern fears:
the fear of technology and the fear of terrorism (O’Day, 2004,).
Although prior research has examined the prevalence of terrorist groups’ usage of
internet (e.g., Conway, 2006; Crilley, 2001; Gerstenfeld, Hoffman, 2006; Weimann,
2004a, 2004b, 2006 ;) it provides abundance of information pertaining to the descriptive
accounts of the misuse of internet by terrorist (Jaishankar, 2011). It is equally important to
apply criminological theory to understand the issue in more theoretical framework. In
order to understand the misuse of social networking sites by terrorist the application of
social learning theory, developed by Akers (1985, 1998), will be helpful to explain a
variety of criminal behaviours across a variety of criminal populations. As it operates
through four mechanisms of differential association, definition, differential reinforcement
and imitation, explain how internet is being used to enhance terrorist operations.
(Freiburger, Crane, 2008).
The Space transition theory (Jaishankar, 2008) also assists to correlate how people in
physical space interact in the cyberspace. This can be examined with the understanding of
SASCV 2013
the use Social networking theory (Kadushin, 2004), to study the misuse of Social
networking sites as a ‘network model’ for terrorists, to utilize the information available on
Social networking sites and carry out transnational crime. The Department of Homeland
Security report of United States also states the miscue of social networking sites as Face
book by terrorist to share operational information and to target, recruit and radicalize
members of the general public.
In case of India, there is evidence of terrorist using (SNS) to plan, hacking, fund
raising, spreading religious propaganda, and recruitment of youths. The recent incident of
misuse of social networking sites, YouTube’s, to spread inflammatory material with a
motivated agenda, such as the doctored pictures of alleged atrocities against Muslims in
Assam and Myanmar that incited violence in Mumbai and threats of retaliation elsewhere
created exodus of north easterners to move to their native land in lakhs across India (The
Hindu, August 23, 2012). This is evident to prove how cyberspace has been used by anti-
social elements to create fear and violence in the society. In case of terrorists’
communicating and sharing of information is evident from the use of Face book and
Orkut that has its share of narcotics, kidnapping and murder troubles in India.
Aim
To study the misuse of cyberspace by terrorist via social networking sites and its
challenges to India’s national security in the 21st century.
Objective
9 To examine the Misuse of Social networking sites (SNS) by Anti Social Elements
9 To address the nexus between cyber criminals and terrorist in the cyberspace
9 To critically examine how terrorist employ all cyber criminal acts in the cyberspace
9 To analyze how terrorist misuse cyberspace by use of SNS for their purpose
9 To understand how use of internet and SNS aid cyber criminals.
9 To make the policy makers aware of the misuse of SNS and its challenges to India’s
national security in the 21st century
9 The paper will aid to make a distinction between cyber crime and cyber terrorism
Significance
¾ The study will promote a better understanding of how transformation in cyberspace
arises to major challenges to India’s national security
¾ The topic is contemporary for future studies as it encompasses criminological theories
to evaluate the misuse of cyberspace by criminals and terrorists in the 21st century
¾ The study is imperative as it encourages both the public and private sector to tackle
the challenges to national security in the cyberspace
¾ The study will facilitate how democratic nation ought to safeguard its freedom of
expression and piracy in the cyberspace by implementing effective legal polices
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The misuse of social networking sites by terrorists
Methodology
The proposed research work is both descriptive and theory oriented. As it will employ
descriptive research as a method to understand the challenges by misuse of cyberspace to
India’s national security and examine the misuse of social networking sites by using social
networking and social learning theory. Both primary and secondary resources, which
include government reports and documents pertaining to the topic, are well research.
Conclusion
The analysis shows that the misuse of social networking sites by terrorists’ is an
alarming cause of concern and a challenge to India’s national security agencies in the 21st
century. It also examines that mere forming an agency to counter such threats will not
suffite India’s national security apparatus in near future. Confronting such threats requires
a joint effort both from the centre and the state to work together to mitigate the misuse of
cyberspace by extremist groups. In Cyberspace the cybercrimes are transnational, trans-
jurisdictional and global, in nature, which makes it difficult for the security agencies to
tackle and protect such threats. Firstly, defining terrorism and accepting one universal
definition of terrorism and further defining cyber terrorism will be evident to frame legal
legislations to counter terrorism so as well cyber terrorism. In analysing the misuse of SNS
by terrorists’ the major challenge arises to craft a legal framework to distinguish between
cyber crime and cyber terrorism. Terrorists’ use cyber tools and methods to achieve their
purpose are all acts of cyber crime however, the challenge to the agencies remains in
distinguishing the act as cyber crime or cyber terrorism. In both the acts, the groups from
the physical space come together in the cyberspace as per the circumstances and conduct a
cyber plan to disrupt either the cyberspace or the physical space. This is the point which is
makes it difficult for the agencies and lawmakers to decide their offence as cognisable and
under what category. The challenge also looms for agencies to be liable for the cyber
attack that takes place in the cyberspace via SNS which has its servers located outside
India. The international relations theorist Joseph Nye has discerned four different types of
threats to cyberspace as cyber war, cyber espionage, cyber crime and cyber terrorism.
Cyberspace and misuse of internet is bound to take place due to lack of unawareness
amongst the people in India to use internet and its services in a more amicable manner.
The government is working with social networking websites to create an institutional
mechanism to prevent their misuse. There are some 12 stakeholders in protecting the
cyber defences of India, including the Home Affairs Ministry, the National Disaster
Management Authority, National Information Board and a motley crew of others (The
Hindu, August 23, 2012). Lastly, it remains a major barrier for democratic countries like
India to preserve its fundamental rights as freedom of expression and speech in both the
physical and cyberspace and continue to manage such threats by implementing effective
rules and legal laws to legalize such acts of terror. This threat is bond to come in different
forms however, predicting, practicing and promoting the topic of cyber threats might
assist the policy makers and security agencies to better prepared for threats from cyber
attacks in the 21st century. Indian Prime Minister Speech also states that “Our country’s
427
SASCV 2013
vulnerability to cyber crime is escalating as our economy and critical infrastructure become
increasingly reliant on interdependent computer networks and the Internet. E-commerce
and E-banking is bound to increase in this digital world and cyber threats needs to be
given top priority in the coming decades to fight terrorism both at land and cyberspace in
the 21st century.
References
Akers, R. (1985). Deviant Behaviour: A Social Learning Approach. Belmont, CA:
Wadsworth.
Akers, R. (1998). Social Learning and Social Structure: A General Theory of Crime and
Deviance. Boston: Northwestern University Press.
Buzan, B, Waever, O., & Wilde, J. (1998). Security: A New Framework for Analysis. United
States of America: Lynne Rienner Publishers.
Dunn, M. (2005). Centre for Security Studies, paper prepared for WSIS thematic Meeting
on Cyber security. Geneva.
Hoffman, B. (2006). The use of the Internet by Islamic extremists. Retrieved on 15th June,
2012 from, www.rand.org/pubs/testimonies/2006/RAND_CT262-1.pdf.
Jaishankar, K. (2008). Space Transition Theory of Cyber Crimes (pp. 283-301). In F.
Schmalleger, and M. Pittaro. (Ed.). Crimes of the Internet. NJ: Prentice Hall.
Jaishankar, K. (2011). Cyber criminology: Exploring Internet Crimes and Criminal Behaviour.
USA: Taylor and Francis Group & CRC press.
Kadushin, C. (2012). Introduction to Social Network Theory Retrieved on 15th June,
2012 from, http://hevra.haifa.ac.il/~soc/lecturers/talmud/files/521.pdf
Kirshner, J. (ed.). (2008). Globalization and National Security. London: Routledge
Publications.
O’Day, A. (2004). Cyber terrorism. New York: Oxford University Press.
Theohary, C., & Rollins, J. (2011). Terrorist Use of the Internet: Information Operations
in Cyberspace, Congressional Research Service.
Tina, F., & Jeffrey, S. C. (2008). A Systematic Examination of Terrorist Use of the
Internet. International Journal of Cyber Criminology, 2(1). 311-312.
Zanini, M., & Edwards, S. J. A. (2005). The Networking of Terror in the Information Age (pp.
29-60). In J. Arquilla & D. Ronfeldt. (Eds.). Networks and Netwars: The Future of
Terror, Crime, and Militancy New York: Rand Corporation.
428
95
India is a victim of electronic and social networking warfare:
An analysis
Riyazahmed Mangoli and Mohammed Subhan Attar
Introduction
Today, India has over 10 Cr Internet users, 3rd largest in the world after China and the
US. The number is likely to double by 2015. With 2.8 Facebook users India is the 5th
largest user and is expected to become 2nd largest by the end of 2012. Indians are facing a
terrible situation by seeing a lot of inflammatory and harmful contents/information, which
has found to be appearing through Electronic and Social Networking (Singh & Athrady
2012). As internet users being enormously increased so increased the possibilities of India
becomes the victim of electronic and social networking warfare.
More the users increase, increases the more risk of becoming the victim of social
networking. The recent Norton Report (2012) survey found that, “Every second, 18 adults
become a victim of cybercrime, resulting in more than one-and-a-half million cybercrime victims each
day on a global level. With losses totaling an average of US $197 per victim across the world in
direct financial costs, cybercrime costs consumers more than a week’s worth of nutritious food necessities
for a family of four. In the past twelve months, an estimated 556 million adults across the world
experienced cybercrime, more than the entire population of the European Union. This figure represents
46 percent of online adults who have been victims of cybercrime in the past twelve months, on par
with the findings from 2011(45 percent)” (Norton Report, 2012).
What has happened in Assam is a result of bulk of the content/information, which
contained images and videos mostly morphed, aimed at targeting people of North East. It
disturbed the peace and harmony among the communities leading to public disorder and
exodus of North Eastern people from some parts of the country causing threat to life and
national security (Singh and Athrady 2012). Resultantly, many have become the victims
of this hatred messages. Losses of lives and property occurred in a great extent due to
spreading rumours and instigating violence through Electronic and Social Networking
media. Unfortunately and as usual, we fall prey to the evil designs of neighbours across
who used these media to their fullest advantage to create confusion and commotion.
The government of India has identified over 250 websites and blogs that participated
in the online campaign of hatred against Indians from the North-East. About 125 websites
have already been blocked. The Department of Telecom has said that objectionable
content is still available online and has suggested that social networking sites have not
responded to requests to urgently delete inflammatory posts (NDTV, 2012).
SASCV 2013
Objectives of the Study

¾ To study the mis-use of Electronic and Social Networking.
¾ To understand and analyze the way Electronic and Social Networking being used
as a war against in India.
¾ To know the Indian Governments Stand and measures taken to control and
prevent such future wars.
Methodology
For the purpose of present study and analyses, the data being extensively collected
from the same media like News Channel Reports, leading News paper articles available on
Internet and Websites etc.
Analyses of the Problem

One side Assam was boiling due to cross broader insurgency and on the other side
there were news of mass killing of Muslims in Burma. Some photos are still available on
the net on the title Muslim Killings in Burma or Massacre of Muslims in Burma etc. Mean
time Bulk of the content/information, which contained images and videos mostly
morphed, aimed at targeting people of North East.
Keeping in view the sensitivity and need for restoring peace, harmony and public
order, the Government on recommendation of Ministry of Home Affairs issued orders
under section 69A of the Information Technology Act 2000 directing intermediaries
including international social networking sites to block 76 WebPages on 18.08.2012, 80
WebPages on 19.8.2012 and 89 WebPages on 20.8.2012 (NDTV, 2012).
The Government directed intermediaries, including international social networking
sites, to block 245 webpages over three days starting August 18, 2012. The initial response
from international social networking sites indicated that such content has been hosted
from outside the country and to a large extent from a neighbouring country (Pakistan).
The proxy servers and Virtual Private Network services, which hide the user identity
operating from number of countries, appear to have been used for uploading the content
(Pilot, 2012).
It is seen that how one particular belief people feel unrest and disturbed. As expected,
under such disturbed and tensed condition, the annoyed people come on the road in a
huge mob to condemn such incidents and during the course of time sometimes it may
turns into the big violence, which even converted into communal violence and ethnic
conflicts. Then the country has to face instability by losing many lives and property of its
citizen due to such incidents. The very peace, harmony and tranquility will be
automatically disturbed at a great extent.
Result and Discussion

By seeing the drastic results of misuse of social networking, Telecom Minister Kapil
Sibal summoned executives of social media networks, like Facebook, Yahoo, Google and
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India as a victim of electronic and social networking warfare
Microsoft, asking them to filter all offensive messages and videos, he faced strong resistance
(Singh & Athrady 2012).
Where as, while opposing the government’s attempt to monitor and control the
Internet, they said the Indian IT law does not make the companies liable for messages
posted by its users. “Take one Twitter account. If one person tweets, there may be ten persons re-
tweeting on it. If this is the case of one Twitter account, think of the number of tweets possible on one
lakh Twitter accounts. It is humanly impossible to filter each and every account,” says a social
media representative. Though Facebook and Google, which host YouTube and Orkut,
promise to co-operate with the government to prevent posting any hate messages, they
did not provide any permanent solutions (Singh & Athrady 2012). But the officials of
social networking websites had clearly told about their helplessness on pre-screening of
content due to the large volume of content that gets uploaded simultaneously across the
world. Instead, they said that as servers are located in foreign locations, like in the US,
Indian law is not applicable to them.
The Indian Telecom Policy wants the international social networking sites and service
providers to adhere to the national laws and provide solutions for more effective national
security interventions. The policy proposes creation of ‘National Telecom Security
Certifying Organisation’ for allowing free traffic of only filtered content since the
government believes that the tech solution is better than regimented cyber policing,
crippling Glasnost which is core to any vibrant democratic society (Singh & Athrady
2012).
It is obvious from the above analyses that India seems to become the victim of
Electronic and Social Networking warfare. Indians are facing a terrible situation by seeing
a lot of inflammatory and harmful contents, which has found to be appearing through
Electronic and Social Networking. This clearly indicates that how social networking is
being utilized as a weapon of war against India.
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96
New media and society: A study on the impact of social
networking sites on Indian youth
Rohit Bafna and Shatakshi Shekhar
Introduction
The speed of Internet has changed the way people receive the information. It
combines the immediacy of broadcast with the in-depth coverage of newspapers making it
perfect sources for news and weather information. Even with the multimedia excitement
of the web, Electronic mail (email) is the most frequently used application of the Internet.
Many people, who have access to the Internet at school, home and at work place use the
Internet for no other purpose than to send and to receive the mail. It’s not just friends and
co-workers that are receiving email. The paper would show and how these social
networking websites are web-based services that allow individuals to construct a public or
semi-public pro• le within a bounded system view and traverse their list of connections
and those made by others within the system. The nature and nomenclature of these
connections may vary from site to site.
The objective of the study would be identifying and assessing issues regarding youth
social networking usage and the resultant impact on their social interactions and social
behavior on the whole. This research employs the method of Qualitative research through
quantitative analysis to gather an in-depth understanding of the behavioral changes caused
by the social networking sites on youth and the reasons that govern such behavior. The
paper would use research tools to analyze and give out conclusion and recommendation to
shed light on the evolution of the dominance of social networking sites among the
Internet users and its eventual outcome in the social behavior patterns of youth (17-22
yrs).
Background of the study

The speed of Internet has changed the way people receive the information. It
combines the immediacy of broadcast with the in-depth coverage of newspapers making it
perfect sources for news and weather information. Even with the multimedia excitement
of the web, Electronic mail (email) is the most frequently used application of the Internet.
Many people, who have access to the Internet at school, home and at work place use the
Internet for no other purpose than to send and to receive the mail. It’s not just friends and
co-workers that are receiving email. Wherever you look, the web is providing email
addresses. This has made communication between the strangers easier than ever. Chatting
is one of the more popular activities on the Internet- people can talk to anyone across the
world. Introduction of social online networking sites has facilitated communication. These
New Media and Society
are web-sites where users can create a pro• le and connect that pro• le to others to form an
explicit personal network.
They are web-based services that allow individuals to
¾ Construct a public or semi-public pro• le within a bounded system
¾ Articulate a list of other users with whom they share a connection and
¾ View and traverse their list of connections and those made by others within the
system. The nature and nomenclature of these connections may vary from site to
site.
Through social networking, people can use networks of online friends and group
memberships to keep in touch with current friends, reconnect with old friends or create
real life friendships through similar interests or groups. Besides establishing important
social relationships, social networking members can share their interests with other
likeminded members by joining groups and forums. Some networking can also help
member’s • nd a job or establish business contacts. Most social networking websites also
offer additional features. In addition to blogs and forums, members can express themselves
by designing their pro• le page to re• ect their personality. The most popular extra features
include music and video sections. The video section can include everything from member
generated videos from hundreds of subjects to TV clips and movie trailers (YouTube).
Social networking sites have facilitated communication. Members of such sites can
easily form groups (called the communities) and share their opinions among themselves
through discussion threads, forums and polls. Though these sites serves good in many
ways, it has its negative effects too such as cybercrimes which has become a privacy threat
to the people worldwide. Although advantageous in many ways by building new
relationship and reconnecting with lost or old contacts, it also brought up some behavioral
changes among the youth, not only the behavioral changes but also their social behavior
and approaches. It has also ended up as a nightmare for a few people.
Objective of the study

Identifying and assessing issues regarding youth social networking usage and the
resultant impact on their social interactions and social behavior on the whole.
Williams et al (2008) in A review of online social networking pro• les by adolescents
states that Social networking pro• les involve individuals creating and maintaining personal
Internet sites allowing authors and other users to post content, thus creating a personal
network.
Lenhart and Madden (2007) in Adolescent social networking, said that in the past • ve
years social networking has “rocketed from a niche activity into a phenomenon that
engages tens of millions of Internet users. The study proposes that online social
networking pro• les posted by adolescents contain intimate, candid, and observable self-
disclosure and peer interaction that can be analyzed creating an overall picture of
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SASCV 2013
adolescent behavior, highlighting speci• c areas needing additional research, and addressing
implications for parental monitoring and intervention.
Lehnhart and Madden state that • fty-• ve percent of teenagers use and create online
social networking pro-• les. They opine that with more than half of teenage Internet users
interacting online, the concept of blogging is a salient research topic investigating what
adolescents are blogging about, how they are socially interacting, and what potential
effects this phenomena may have on other dimensions of their lives.
Boyd (2007) says that gender appears to in• uence participation on social network sites.
Younger boys are more likely to participate than younger girls (46% vs. 44%) but older
girls are far more likely to participate than older boys (70% vs. 57%). Older boys are twice
as likely to use the sites to • irt and slightly more likely to use the sites to meet new people
than girls of their age. Older girls are far more likely to use these sites to communicate
with friends they see in person than younger people or boys of their age.
Larsen (2009), based on the empirical data, says that both genders seek the
acknowledgement they get from having their looks commented on, but the girls are more
preoccupied with what kind of comments they get and whom they come from. In
general, it is very important that the comments come from friends and people they know,
rather than strangers. This indicates that photo comments are not just about having ones
outer looks valued and acknowledged (identity construction), but also about practicing
and maintaining friendships.
Methodology
Research approach
This research employs the method of Qualitative research through quantitative analysis
to gather an in-depth understanding of the behavioral changes caused by the social
networking sites like Orkut on youth and the reasons that govern such behavior.
Sampling method
The sample size is 100 and they are divided into two categories each of 50, the
categories are teens (17-19) and youth in the age group of 20-22. Samples were randomly
selected from different schools and colleges who are active members of social networking
sites.
Research methods
The research has made use of survey method. Survey was conducted among randomly
selected social networking sites users in India with a sample size of 100 between age group
of 17 to 22 yrs who were school students and college students. The age group youth (17-
22yrs) was chosen since they are the heavy users of social networking sites and also early
adopters of advanced technological applications. Another reason for choosing this age
group is that:
• Youth of the age group (17-22 yrs)
• View world idealistically
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New Media and Society
• Become involved with world outside school/home

• Relationships stabilize in that
• Sees adults as equals
• Seeks to • rmly establish independence
Findings
A majority of the Indian youth is members in one or more social networking sites but
also is low users of such sites and used Internet more for mailing and sur• ng the net
(downloads). The • ndings of the study include:
• 98% of the members in social networking sites are members in Orkut.
• 54% were members in more than one social networking site
• 95% who are members in one or more social networking sites spend varying
amount of time from less than 1 hr to about 5 hrs everyday in social networking
sites.
• 48% social networking users register as members to maintain existing contacts
• 42% youth make friends in such sites based on their likeness.
• About 60% of social networking sites users are attempting to establish their
personality through these sites
• And 68% interact with strangers (online friends) through personal chats in other
messenger services.
• But 10% share their personal problems with online friends while 7%have very
intimate relationship with their online friends (strangers).
• And 20% are good friends with the virtual strangers.
• About 66% have friendship networks/contacts with people of different
cultural/racial/ethnic backgrounds through social networking sites.
• 28% had spent less face to face time together at home before & after using Internet
at home
• 95% of youth state that social networking sites acts as platform for reconnecting
with lost friends, maintaining existing networks/relationships and sharing
knowledge, ideas and opinions.
Conclusion
primary objective of the research undertaken has been to shed light on the evolution
of the dominance of social networking sites among the Internet users and its eventual
outcome in the social behavior patterns of youth (17 22 yrs). Previous research in spheres
of social networking sites and its impact on youth in different global and demographic
context provided an extensive secondary source base for the study.
As with many technologies, adoption of the Internet especially for its social uses has
seen its highest levels of usage among younger users. The majority of current college
students have had access to the Internet and computers for a large percentage of their lives.
These digital natives see these technologies as a logical extension of traditional
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SASCV 2013
communication methods, and perceive social networking sites as often a much quicker
and more convenient way to interact. That they are aware of the danger and risk involved
in these sites is a positive indicator that Indian youth are not only techno-savvy and
socially active through social networking sites but they also possess social consciousness.
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97
Cyber Crime and Legal Issues
Shalini Singh and Palak Gupta
Introduction
Cybercrime is booming. Be it Israel’s "Trojan Horse" program that had infiltrated
some 60 companies, in 2005, US ‘s online fraud, the RBN’s infiltration in countries
like Turkey, Malaysia and Singapore, the hyped cyber war between Russia and
Estonia, China’s 29 per cent of the world's bot-infected computers , or the 3 million
internet crimes committed in UK alone.
We have eradicated dangerous health issues, but we are still not able to eradicate
issues related to cyber crime. Traditional crimes as well as new age crimes are on the
rise. Without internet and computers, the world wouldn’t have been an easier place
to live. In the era of e-governance and e-commerce, a lack of common security
standards can create havoc for global trade as well as military matters. Cybercrime
Prevention Act of 2012, signed into law by President Benigno Aquino, first cyber
police station in the state that was opened in Bhopal, In a FBI survey in early 2004,
90 percent of the 500 companies surveyed reported a security breach and 80 percent
of those suffered a financial loss, Social network users are becoming more careful
about protecting their privacy., Millennials are the most addicted users, and also the
most responsible when social networking on smartphones. Social media have
emerged as a major factor in the growth of cybercrime in the Middle East, online
experts say.
Cyber Crimes can be divided into 3 major categories: Cyber Crimes against
Persons, Also known as Cyber harassment is a distinct Cyber Crime. Harassment can
be sexual, racial, religious, or other, 2nd is Cyber Crimes against Property- includes
computer vandalism (destruction of others' property), transmission of harmful
programs.3rd type is Cyber Crimes against Government, (Cyber terrorism) is one
distinct kind of crime in this category. The growth of internet has shown that the
medium of Cyberspace is being used by individuals and groups to threaten the
international governments as also to terrorize the citizens of a country. new crimes
devoted to the Internet are email “phishing”, hijacking domain names, virus
immistion, and cyber vandalism, apart from, crimes like The act of defeating the
security capabilities of a computer system in order to obtain an illegal access to the
information stored on the computer system is called hacking, denial-of-service (DoS)
attack, Virus Dissemination, Internet Relay Chat crime.” Over the last nine months,
our threat intelligence network has detected more than 4,000 versions of the
Koobface virus hit social network users. Cybercriminals continue to target social
networks because they can quickly access a large pool of victims. But our findings
SASCV 2013
show that people are becoming aware of this, and they're now safeguarding their
device against it, said Jacques Erasmus, Webroot threat expert.
A Discontented employee or an Organized hacker or even a child of 12 year can
commit cyber crime. Cyber stalking and harassment has become very popular.
Students of middle and high school took advantage of this and started taunting their
classmates. Even adults are not far behind; they have also started stalking others via
Internet. The instances of extortion and blackmailing is been seen even in the virtual
world now. With the help of Internet, hackers can get into Internet users pc and
search for embarrassing nude photos or messages. Even control the webcam and
microphone of one’s computer resulting in infringement of one’s privacy. The
Internet has become the latest place for promoting the global trafficking and sexual
exploitation of women.
The Major liability that may be incurred from cyber crimes, inter alia, are
individual litigation, class litigation, regulatory investigation, contract dispute, loss of
customers, reputation damage, data theft, denial of service, cyber-terrorism, cyber-
extortion, and fraud. A detailed extension and study of laws/bylaws constituted in
Communications Act of 1934, updated 1996, Computer Fraud & Abuse Act of
1984, Computer Security Act of 1987, Economic Espionage Act of 1996, Electronic
Communications Privacy Act of 1986, Federal Privacy Act of 1974, Health
Insurance Portability & Accountability Act of 1996, National Information
Infrastructure Protection Act of 1996, U.S.A. Patriot Act of 2001 can ease the
problem of framing policies and legislative framework regarding implementation of
criminal law in cyber space.
The FBI has tried many programs and investigations in order to deter Internet
crime, like creating an online crime registry for employers. The Heartland debacle
highlights the potential fallout companies face as a result of ineffective planning for
data security breaches. Cyber crisis planning process and Cyber Crisis Management
(Incident Response – Stop the bleeding) process is an efficient, method to curb the
extent and timeline of cyber criminals illegal operations.
Conclusions
Technological innovations are fundamentally changing the way people live,
work, play, share information, and communicate with each other," says John
Stewart, Cisco vice president and CSO. Cybercriminals and terrorists should have no
refuge online, just as they should have no sanctuary offline. I can therefore announce
today that the United Kingdom is a developing a new 'center for global cyber
security capacity building' in the United Kingdom ... And, we will be investing 2
million [British] pounds a year to offer countries independent advice on how to build
secure and resilient cyberspace, improving coordination and promoting good
governance online.
India has somewhat been successful in creating effective cyber deterrence India
became twelfth nation in the world to enact cyber law by enacting the Information
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Cyber Stalking
Technology Act, 2000. India introduced Information Technology Act 2008, which
replaced it with 2000 act. So now India’s cyber law has become more focused on
cyber deterrence While protecting against the ever growing threat of cybercrime is
certainly important, it doesn’t give governments free license to pass laws meant to
silence criticism and opposition. Every country is entitled to formulate its policies
and laws in light of its history, traditions, culture, language and customs, and manage
the Internet accordingly. In most cases, laws have not kept pace with the technical
ability of an adversary to move rapidly through national, commercial and private
internet service providers.
It’s so astonishing that mere words and harmless looking acts are result of killing
many innocent victims. The need to improve the existing acts and laws is a must.
The reality is that Internet criminals are rarely caught. One reason is that hackers
will use one computer in one country to hack another computer in another country.
Another eluding technique used is the changing of the emails, which are involved in
virus attacks and “phishing” emails so that a pattern cannot be recognized. An
individual can do their best to protect themselves simply by being cautious and
careful. Internet users need to watch suspicious emails, use unique passwords, and
run anti-virus and anti-spyware software. Do not open any email or run programs
from unknown sources.
Like an AIDS test, penetration testing in the cyber security arena offers assurance
and protection only as of the date of the testing. The “Chan Scale of Cyber In-
Security”, based on the potential harm that can be caused differentiates potential
harm into low risk, medium risk, medium to high risk, high risk and critical risk.
This model is efficient. 313 The risks of cyber crime are very real and too ominous to
be ignored. Every franchisor and licensor, indeed every business owner, has to face
up to their vulnerability and do something about it. At the very least, every company
must conduct a professional analysis of their cyber security and cyber risk; engage in a
prophylactic plan to minimize the liability; insure against losses to the greatest extent
possible; and implement and promote a well-thought-out cyber policy, including
crisis management in the event of a worst case scenario.-All countries need to realize
that the Internet and cyberspace is shared by all of us, and that we need collaboration at the
international level to counter the broad range of threats
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98
Cyber Stalking: Perspective from cyber policing experience
Sujit Mukhopadhyay
Introduction
Relations are bindings in between two people and among a group of People or
Society at Large. After the invention of Cyberspace, people has got enough scope to
develop their friend list both in real world and virtual world, which does not have its
boundary in respect to city, state and country. It was started from the arrival of first
Social Networking site (SNS) since 1997 with the launching of sixdegrees.com. SNS
is network of Interpersonal Relationship (IPR). And there after the major SNSs like,
MySpace (2003), LinkedIn (2003), Hi5 (2003), Orkut (2004), Face book (2006) and
others came to the web for the all the netizens with instant messaging facilities. After
the development of GPRS in mobile phone, it (SNS) fueled the interested people to
develop its friend circle more sophistically than earlier.
How Relationships are built up

As a real life Cybercrime Investigator and a techno savvy person I have
experienced that with the advent of SNS the netizens , 1) who does not have enough
time in hand, 2) who are in between the age of 15 to 22 and always want adventure,
3) who wants to educate themselves through internet, 4) who wants to cheat other
through disguise, 5) who wants to commit crime by following a targeted person, 6)
who wants to refresh themselves in the midst of their busy schedule, 7) who wants to
sell themselves in job market, 8) who wants to recruit new employees, 9)who wants
to spread their news and views (Like political parties, NGOs and others) through
forums, 10) who wants to find their partners and old friends and few others register
their profiles in SNS for building up his/her own net work.
What kinds of Relationship are built up?

Generally the following relationships are built up in the society with or without
the help SNS. I want to mention those IPRs, which are not developed by virtue of
birth but these IPRs are those, who use SNS for committing Cybercrime and offline
crime after gathering information from them;
A) Relationship developed without the help of SNS:
1) Husband/wife
2) Boy/Girl Friend
3) Neighbor
4) School/College Friend
5) Office Colleague
Cyber Stalking
6) Among group members

7) Employer/Employee
8) Teacher/Student
9) Institution/Student
B) Relationship developed with the help of SNS:

1) Internet Friend
2) Internet Lover (Affecters are youths)
3) Fan/Follower and others.
As long as the IPR is good there is no problem but when it tastes bitter, the
Cyber Crime and other type of crimes with the help of SNS starts its journey.
What Kinds of Crimes are committed by using SNS

With the advancement of modern science the Crime has changed its modus
operandi form real world to virtual world. Generally Crimes have been classified in
the following two different ways by exploiting the facilities of SNS;
A) Offline (Though these are not directly cybercrime but these are the outcome of SNS)
¾ Kidnapping (result of internet love affair through SNS)
¾ Sex Trading (result of internet love affair through SNS)
¾ Offence against Property (result of Fan Follower through SNS)
¾ Offence against body(result of internet Friend and Fan Follower through
SNS)
B) Online (Cyber Crime)
¾ Cyber Stalking and Cyber bullying
¾ Online Defamation
¾ Identity theft
¾ Email id and SNS Profile Hacking
¾ Emotional blackmailing by pretending lover
¾ Online Extortion
¾ Data and personal confidential information theft
¾ Internet scams through SNS (online cheating)
¾ Crime with Programming/Coding Skill
A) Click Jacking
B) Hacking by IP Tracing
C) Copy Paste Script Attack
Case Studies and Interpersonal Crimes emerging from SNSs

All the cases discussed here are real life case studies and most of them are
investigated by me and some cases which are taken as references from internet. In
some of the cases the facts are only mentioned as all of them are under trial but the
cases, which are taken as references from internet the original names of victims are
there as per internet record.
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SASCV 2013
Offline interpersonal crime, outcome of SNS

A) Kidnapping: - Trusting on an online love affair a lady went to her online lover.
Reaching there she found other person, whose face and voice differs with her
online lover. Actually she was trapped by an online racket. She ultimately found
her residence in a brothel at Kamatipura, Mumbai, India. (This case shows the
both about Kidnapping and sex trading).
B) Offence against Property: - Twitting in twitter about recent movement update of
a person is increasing the house theft.
C) In USA Child Abduction has been increased and it has been done by infertile
women, who collects information about pregnant lady through SNS and then
develops IPR and abducts the new born.
Cybercrime through SNS

A) Cyber stalking and Cyber bullying: This is the major alarming crime in human
life, which may lead a person (victim) to commit suicide as this causes a huge social
damage in his/her life. This is basically a mental assault of a target (may be male or
female) by using digital media (SNS). We all know about Megan Meier case of Nov
2007 but there some other cases also, one of them very recent case in Jammu
Kashmir in India is noted below;
Suicide Note: In her suicide note, Raksha alleged that Lovepreet was responsible for
making her take the extreme step. "He posted obnoxious comments on my
Facebook wall and had been issuing threats for the past week. He was also hurling
abuses at me. He used to harass me and had also circulated my mobile phone number
among several boys. He called up my shelter home and lied to the authorities that I
borrowed Rs. 20,000 from him. Deepak Saini, too, is involved. They made it
difficult for me to enter the college. I am sorry. Please inne sazaa de dena (do punish
them)," she wrote.
B) Online Defamation is the outcome of cyber stalking. In India defamation has
specific section of law in IPC but not in IT Act.
C) Identity Theft in done in SNS by creating fake profile in some others name by
using his/her personal details.
D) Hacking is done by knowing the security questions and personal secret mobile
number attached to the profile through online chatting in SNS. This leads to
personal information theft and data base theft.
E) Emotional blackmailing and online Extortion is generally done by online
pretending lover. In a real life case a lady complaint that she was being threatened
by her online lover for posting her private picture on net if she does not pay
money to him. Investigation revealed that she developed a love affair in FB and
then they had a web chat where she showed her private movement to her lover
due to emotional blackmailing and he was from African country.
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Cyber Stalking
F) Internet scams through SNS generally occurs from friends in SNS, who publish
in the wall for cheap loan, research paper submitting, blog writer, work at home
and etc. offer.
G) Crime with Programming/Coding Skill

9 Click Jacking is the process where if someone clicks on a link but it sends you
to some malicious link for stealing your information or steals browser related
information.
9 Copy Paste Script Attack is an attack, where online friend requests for pasting
a script on the address bar by which he poisons, hijacks or steals data from the
browser.
9 Hacking by IP tracing is trick where friend asks to click a link for knowing
the IP and then uses tool like Nmap, Armitage IP scanner, etc for hacking the
system.
9
Problem Faced By LEA
LEA faces a lot of problem during solving cybercrimes as in most of the cases
now a days the accused uses proxy servers and anonymous connections and in some
cases it is found that the accused is using the IP of that country, which does not have
Mutual Letter of Agreement Treaty (MLAT) or Letter Rogatory (LR) with the
country, where cybercrime is committed. Besides this the ISP does not verify
properly during providing connections to end user and SNSs do not provide
information to the LEA in right time. The MLAT and LR is time consuming factor.
How to Solve
This problem can be solved by passing strict law against the offender and the
intermediaries (ISP and SNS service provider) depending on the nature of crime.
Users must be conscious. SNS should publish “How to Protect” guideline on each
wall. There should be a restriction on accessing SNS and the service provider should
be bound down to provide information within 48 hours to the LEA otherwise their
service should be blocked by the country. MLAT and LR procedure should be
easier.
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99
Cyber bullying victimization among youth in Singapore:
An exploration of the correlates
Thomas Holt, Grace Chee and Esther Ng
Over the past few decades, bullying has been identified as one of the most
significant problem behaviors confronting children and adolescents (Olweus, 1991).
Bullying behaviors typically involve persistent physical, verbal, or emotional
harassment of one individual over another, often accompanied by a power imbalance
that negatively impacts the intended target (Dake, Price, & Telljohann, 2003;
Espelage, Bosworth, & Simon, 2004). The increased use of technology among
youth populations has facilitated the emergence of so-called cyber bullying, where
cell phones, email, and other forms of Computer-Mediated Communications
(CMC) allow individuals to create and send harassing messages or rumors about
victims in a distributed fashion (Berson, Berson, & Ferron, 2002; Hinduja & Patchin,
2008; Holt & Bossler, 2009; Twyman, Saylor, Taylor, & Comeaux, 2010; Ybarra &
Mitchell, 2004). Additionally, many who experience cyber bullying also report
concurrent bullying victimization in the real world (Erdur-Baker, 2010; Hinduja &
Patchin, 2008; Kowalski & Limber, 2007; Ybarra & Mitchell, 2004).
The growing research on cyber bullying has, however, provided limited
information on the prevalence of this problem in Asian populations (Hokoda, Lu, &
Angels, 2006; Huang & Chou, 2010; Li, 2006; Wong, Lok, Lo, & Ma, 2008). This
is problematic given the rapid expansion and adoption of technology within these
countries. Furthermore, few researchers have considered cyber bullying
victimization through criminological theory perspectives (e.g., Hinduja & Patchin,
2008; Ybarra et al., 2007). In particular, there is growing evidence to suggest that
routine activities theory (Cohen & Felson, 1979) provides a practical framework to
assess on-line harassment victimization among college students (Choi, 2008; Holt &
Bossler, 2009; Marcum, 2008; Marcum, Higgins, & Ricketts, 2010), and juvenile
populations (Bossler Holt & May, 2011). Routine activities theory suggests that
victimization is most likely when individuals are placed in high risk situations, in
close proximity to motivated offenders, appear to be attractive targets, and lack a
capable guardian (Cohen & Felson, 1979). In addition, individuals who engage in
criminal and deviant behavior are at an increased risk of victimization as they increase
both their proximity to motivated offenders and the probability of retaliation, while
also decreasing social guardianship by associating with delinquent others (Jensen &
Brownfield, 1986; Lauritsen et al., 1992; Zhang, Welte, & Wiecxorek, 2001).
Cyber bullying victimization
It is theoretically plausible that routine activities would be fruitful to explain

bullying victimization via the Internet and mobile phones in a juvenile sample. This
study considers the applicability of elements of Routine Activities theory with a
nationally representative sample of youth in Singapore. Citizens of this country have
a high degree of access to computers, technology, and high speed Internet
connectivity (CIA World FactBook, 2006; Liau, Khoo, & Hwaang, 2005). As a
result, this juvenile population should have exposure to technology and prospective
experiences with bullying on and off-line. The findings of this study will be
discussed in depth, along with implications for criminologists, mental health
professionals, and educators.
This study utilized data from a self-report survey collected from one primary (n =
680) and eight secondary schools (n = 3,382) in Singapore in 2006. These schools
were located across the country, and incorporated students from all social, economic
and cultural backgrounds. This sample was developed to understand the prevalence
and incidence of both real world and cyber-bullying across Singapore. Due to
missing data, the total sample size for cyber bulling victimization is n = 3223 and n
=3233 for mobile phone bullying victimization. This sample is, however, in keeping
with the demographic composition (55% male; 45% female) of the larger data set and
the youth population of Singapore generally (CIA World FactBook 2006).
To assess cyber bullying victimization, a scale for bullying experiences in chat rooms,
email, computer Instant Messaging, bulletin board systems, and newsgroups was
created (alpha = .921). Due to limited variation in the frequency of bullying
experiences, this was collapsed into a binary (0=No; 1=Yes) response with 18.9% of
the sample reporting cyber victimization. A two item scale (alpha = .806) was
created to measure mobile phone bullying victimization through mobile phone text
messages, and mobile multi-media (MMS) messages. This scale was also turned into
a binary measure with 17.7% of the sample reporting mobile phone bullying
victimization.
The elements of Routine Activities theory were operationalized in keeping with
the existing research on on-line harassment and cyber bullying generally (Bossler &
Holt, 2009; Holt & Bossler, 2009; Marcum 2008; Marcum et al., 2010). Proximity
to motivated offenders was measured through Internet access at home, school, and
mobile phone ownership. To further explore this issue, six measures for routine
technology use were included; the frequency of 1) chat room, 2) email, 3) Instant
Messaging, 4) bulletin board systems (BBS), 5) blogs, and 6) MMS texting each
week. Additionally, experiences with real world or traditional, bullying victimization
are also included as both a proximity and suitability issue since individuals
increasingly report experiences with bullying both on and off-line. Target suitability
is assessed on the basis of school adjustment or attitude while at school, grade in
school, and gender (1=male). While guardianship measures are not included, this
model provides a partial assessment of this theory and valuable insights into the
correlates of bullying victimization via cyberspace and mobile phones.
Two binary logistic regression models were estimated for cyber bullying and
mobile phone bullying victimization respectively due to the use of dichotomous
445
SASCV 2013
dependent variables with limited variation. In the model for cyber bullying
victimization, physical bullying victimization was positively correlated with
victimization experiences, as was Internet use at home. The frequency of use in
every form of electronic communication was also significant, except for MMS
texting. Individual affect was also significant, with those reporting negative attitudes
while at school being more likely to experience victimization. Finally, females and
younger students were more likely to report experiencing cyber bullying
victimization. Despite the significance of gender, there were no differences between
the sexes based on separate regression models and an equality of coefficient tests
(Paternoster, Brame, Mazerolle, & Piquero, 1998).
For mobile phone bullying victimization, cell phone ownership was correlated
with victimization, as were those who experienced traditional bullying victimization.
Time spent in IM chats were negatively correlated with the risk of mobile phone
victimization, while blogging and sending MMS texting increased the overall risk.
Negative affect was also significantly correlated with mobile phone bullying
victimization, as was being female. Additional regression models were parsed by
gender and an equality of coefficient test demonstrated that males who blogged and
sent MMS text messages frequently were more likely to experience mobile phone
bullying victimization. School level was also significantly different between the
sexes, such that females in higher grades were more likely to be victimized.
These findings provide some support for Routine Activities Theory regarding
cyber and mobile phone bullying victimization. In particular, those youth who
experience traditional bullying in the real world were also more likely to report both
cyber and mobile phone bullying victimization (Hinduja & Patchin, 2008; Kim et
al., 2005; Klomek et al., 2008; van der Wal et al., 2003). Thus bullying victimization
in the real world may increase a victim’s proximity to bullies in virtual spaces.
Technology use also has a substantive impact on both forms of victimization, such
that individuals who own mobile phones are more likely to report mobile phone
bullying. The frequency of use of various forms of CMCs affect the risk of cyber
bullying victimization by increasing overall exposure to motivated offenders (Hinduja
& Patchin, 2008; Holt & Bossler, 2009; Marcum, 2008; Marcum et al., 2010; Ybarra
& Mitchell, 2008). Target suitability also differentially increases risk of victimization,
such that females and those with negative affect while at school are more likely to
experience both cyber and mobile phone bullying (Hinduja & Patchin, 2008; Kim et
al., 2005; Klomek et al., 2009; Ybarra & Mitchell, 2008; van der Wal et al., 2003).
These findings suggest that the predictors for bullying victimization do not differ
based on regional differences generally (Hinduja & Patchin, 2008; Huang & Chou,
2010; Klomek et al., 2009; Li, 2006; Ybarra & Mitchell 2008). In addition, the
relationship between traditional bullying, technology use at school and at home, and
affect suggest a need for intervention strategies that involve both schools and parents
generally (Nansel et al., 2001, 2003; Hinduja & Patchin, 2008). School
administrators and counselors must implement programs to diminish bullying in the
446
Cyber bullying victimization
school which may in turn diminish the risk of cyber and mobile phone bullying
(Hinduja & Patchin, 2008; Marcum 2008; Marcum et al. 2010). This may help to
reduce the attractiveness of a given target and reduce the likelihood of victimization.
At the same time, parents must manage their child’s access to technology due to
the relationship between home internet access, frequency of CMC use, and mobile
phone access. For instance, supervising on-line activities through the use of filtering
software and placing computers in public spaces within the home may help increase
communication between parents and children about appropriate on-line activities
(Hinduja & Patchin, 2008; Marcum et al., 2010). Mobile phone management must
also be encouraged and enforced despite the portability and lack of interception
capabilities afforded by these devices. This may help to reduce exposure to
motivated offenders while on-line and affect the likelihood of victimization. Finally,
parents must recognize changes in affect or mood, a lack of appetite, and other
physical symptoms which could indicate a child may be experiencing bullying on or
off-line (Nansel et al., 2001, 2003; Hinduja & Patchin, 2008; Ybarra & Mitchell,
2004). In turn, this may help to diminish the risk of bullying victimization in both
real and virtual spaces.
References
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the digital age: Lessons for educations from an online study of adolescent girls in
the United States. Journal of School Violence, 1, 51-71.
Bossler, A. M., Holt, T. J., & May, D. (2011). Predicting online harassment
victimization among a juvenile population. Youth and Society. DOI:
0044118X11407525.
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Choi, K. (2008). Computer crime victimization and integrated theory: An empirical
assessment. International Journal of Cyber Criminology, 2. 308-333.
Cohen, L. E., & Felson, M. (1979). Social change and crime rate trends: A routine
activity approach. American Sociological Review, 44. 588-608.
Dake, J. A., Price, J. H., & Telljohann, S. K. (2003). The extent and nature of
bullying at school. Journal of School Health, 73(5). 173-180.
Espelage, D. L., Mebane, S. E., & Swearer, S. M. (2004). Gender differences in
bullying: Moving beyond mean level differences. In D. L. Espelage & S. M. Swearer.
(Eds.). Bullying in American Schools: A social-ecological perspective on prevention and
intervention. Mahwah, NJ: Lawrence Erlbaum Associates, Inc.
Hinduja, S. & Patchin, J. W. (2008). Bullying beyond the schoolyard: Preventing
and responding to cyberbullying. Thousand Oaks, CA: Corwin.
Holt, T. J., & Bossler, A. M. (2009). Examining the applicability of lifestyle-routine
activities theory for cybercrime victimization. Deviant Behavior, 30. 1-25.
Jensen, G. F., & Brownfield, D. (1986). Gender, lifestyles, and victimization:
Beyond routine activity. Violence and Victims, 1. 85-99.
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Lauritsen, J. L., Laub, J. H., & Sampson, R. J. (1992). Conventional and delinquent
activities: Implications for the prevention of violent victimization among
adolescents. Violence and Victims, 7. 91-108.
Liau, A. K., Khoo, A., & Hwaang, P. (2005). Factors influencing adolescents
engagement in risky internet behavior. Cyber psychology, 8. 513-520.
Marcum, C. D. (2008). Identifying potential factors of adolescent online
victimization for high school seniors. International Journal of Cyber Criminology, 2,
346-367.
Marcum, C. D., Higgins, G. E., & Ricketts, M. L. (2010). Potential factors of
online victimization of youth: An examination of adolescent online behaviors
utilizing routine activity theory. Deviant Behavior, 31. 381-410.
Nansel, T. R., Overpeck, M., Pilla, R. S., Ruan, W. J., Simons-Morton, B., &
Scheidt, P. (2001). Bullying behaviors among U.S. youth. Journal of the American
Medical Association, 285. 2094-2100.
Olweus, D. (1991). Bully/victim problems among schoolchildren: Basic facts and ffects of a
school based intervention program. In D. J. Pepler & K. H. Rubin (Eds.). The
development and treatment of childhood aggression, pp. 15-24. Hillsdale, NJ:
Lawrence Ebaum Associates, Inc.
Paternoster, R., Brame, R., Mazerolle, P., & Piquero, A. (1998). Using the correct
statistical test for the equality of regression coefficients. Criminology, 36(4). 859-
866.
Twyman, K., Saylor, C., Taylor, L. A., & Comeaux, C. (2010). Comparing
children and adolescents engaged in cyberbullying to matched peers. Cyber
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Ybarra, M. L., & Mitchell, J. K. (2004). Online aggressor/targets, aggressors, and
targets: A comparison of associated youth characteristics. Journal of Child
Psychology andPsychiatry, 45. 1308-1316.
Ybarra, M. L., Mitchell, K. J., Finkelhor, D., & Wolak, J. (2007). Internet
prevention messages: Targeting the right online behaviors. Archives of Pediatrics &
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448
100
Obscenity in social networking sites
Tripti Verma and Arun P. Mandal
Introduction
The main aim of any Social Networking Site is to facilitating the building of
social networks or social relations among people who, for example, share interests,
activities, backgrounds, or real life connections. In simple words, social networking is
a way for one person to meet up with other people on the net. People use SNS’s
(social networking sites) for meeting new friends, finding old friends, or locating
people have the same problems or interests.
But today these sites become an open sky for obscene acts. If you ask to any
teenager about the use of SNS he will reply you “making friends and have chat, fun
and sex”. Anyone can make a profile ID and enter into these sites and post any
obscene material whenever or wherever he or she wants, it does not matter about
the age, sex, place or any other limitations. SNS become heaven for sex workers
which are dangerous to society. In the name of legal obligation only you have to
accept the terms and conditions while making registration for an ID which says, if
you post or publish any obscene material you will be liable.
Definition of obscenity
Obscenity depends on time and place. Literally obscene means “words, thoughts,
books, pictures, etc. indecent, esp. sexually; disgusting and offensive, likely to
corrupt” (Gupta & Agrawal, 2012).
Methodology
We analyzed the basic structure of functioning of social networking sites and their
laws. Tried to point out the defective provisions of the terms and conditions. We
collected data from internet and searched cases related to obscenity in cyber law.
After the analysis of functioning the SNS’s found some root causes which are playing
an important role in increasing obscenity and due to that crime has been unable to be
cured.
Root causes of incitation of obscenity in cyber law

No fear of prosecution:
If you post or publish any obscene material in these sites you can be deleted only
through the option given “report or abuse” nothing more. They have in their terms
and condition that they will not be responsible for any obscene publication posted by
you, only have the right to produce the material at the time of requirement. Only
SASCV 2013
MySpace has cleared he can take appropriate legal action if found any publication of
obscene material (Myspace, 2012).
Easy registration process:

Anyone can make an ID and enter into these sites with just filling a form which
requires a contact no. or an Email ID. They prohibited for more than one personal
ID without the prior permission of company. They verify the identity trough mail id
or phone number. It means you can make a fake E-mail ID and can enter into SNS
and do whatever you want.
Entry of minors:
The minimum age for eligibility for registration has been given 13 years or above
in most of the sites (Myspace, 2012; Facebook, 2012). Yahoo has not specified the
age but said guardian has to take care the acceptance of terms and conditions (Yahoo,
2005). We all very well know that minors are not able to rational judgment what is
right and what is wrong for them so the law has given special privileges’ and care to
them, to save from evil consequences. But SNS’s is an open space for young people
to indulge in obscene acts.
“Most important thing according to the Contract act, a minor cannot make a
contract, and in SNS’s minors accepting terms and conditions and making contract,
which is against law of contract and the whole contract is void.”(Wikipedia).
1- No substantive control over the publication

This is the most vital reason for increase in the percentage of crime of
obscenity in cyber law. SNS’s do not scan or screen before publication of any
material even you don’t need any permission before posting any comment or
content. The easiest way to defame any people anytime without any fear of law .This
is the worst consequence of the freedom given by SNS.
2- Popularly known place for fun only

Social media has played an important role in spreading the bad image of these
sites as a place for making friends for fun and sex only. They are unaware of the
benefits of using social networking.
3- Lack of parent’s care

Today’s world becomes more demanding about the time for everyone. Both
father and mother are working which results in lack of time for their children. When
they feel unsecured and needs care they try to meet their requirement through
making new friends (Sue Lynn Carty).
450
Obscenity in social networking sites
4- Other reasons
Some other reasons like stress, problems with family and friends, academic
tension, lack of parents care, search of supporter and for fashion also people go to
these sites. They feel safe and easy way to find someone for friendship specially
youngsters.
Conclusion
Obscenity is more of a social evil. It is not through legislation that we can check
or curb it. The only possible way out is by increasing and spreading awareness among
masses. When you are provided with an opportunity to make use of something, it
depends completely on you as to how you use the object. In several cases, people get
tempted at the notion of having something to their own at full liberty and tend to
misuse the opportunity that they provided with. It is evident that mistakes have been
done by the SNS’s but user is also responsible for his acts. Both are liable and have to
take some initiative for the solution of problem. Only application of law is not
enough which is clear from the available data. We need to concentrate in the root
causes of the problem.
I would like to suggest some steps for the same:

9 The registration process should be taken only after giving a valid ID proof; it
will create a fear in the mind of accused.
9 SNS’s should scan or screen every content or material before publication.
9 Minors should be strictly prohibited for the use of these websites and if
allowed should be in the care of parents.
9 Parents and teachers must teach how to make good use of these sites specially
for improving knowledge.
9 Communicate the users often about the good and bad of the internet. Also try
to improve the moral values that is what is right and what is wrong.
9 Establishing household rules for computer use and try to allow children’s to
use in the room commonly used for family.
9 All internet email names and passwords should be known by parents and all
changes need to be authorized.
9 Last but the most important teachers and parents must give sufficient time to
their children’s and take care of them.
We are living in the wondrous period of technological development where we
cannot imagine our life without internet, the only need is to use with proper care
and safety. It is true that social networking played an important role to open up the
possibilities of discovering and learning new information, sharing ideas and
interacting with others.
451
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Jaishankar, K., and Ronel, N. (2013). (Eds.), Proceedings of the Second

Book · January 2013

Jaishankar Karuppannan Natti Ronel

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A Peer reviewed publication

PANEL I. INTERPERSONAL CRIMES AGAINST AND BY WOMEN 18

PANEL II. INTERPERSONAL CRIMES AGAINST CHILDREN AND 166

PANEL III. MEN AS VICTIMS: MYTHS AND REALITIES 243

PANEL IV. CULTURE CONFLICT AND VICTIMIZATION OF GROUPS 275

PANEL V. INTERPERSONAL CYBER CRIMES: 377

K. Jaishankar, PhD, is a senior assistant professor in the Department of Criminology

Natti Ronel, PhD, is an associate professor in the Department of Criminology, Bar-Ilan

Aranee Vivatthanaporn, PhD Candidate, Rangsit University International College,

Bikash Thapa, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

Binita Pandey, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

Brittany Bachmann, Faculty Member, Department of Criminal Justice, Scharbauer

S. Chandramohan, Associate Professor (Practice), School of Law, Singapore

Dataraj Patwe, Undergraduate in Law, Poona District Education Association´s Law

David Augustine Karunakaran, Associate Professor, Department of English, St. John's

Deeksha Gulati, Post Graduate in Law, Department of Law, University of Pune,

Divya Priyadarshini, PhD Candidate, Department of Sociology, Delhi School of

Doraval Govender, Senior Lecturer, College of Law, School of Criminal Justice,

Durgambini Patel, Department of Law, University of Pune, Ganeshkhind, Pune-

Edward Latessa, Professor and Director, University of Cincinnati, Cincinnati, Ohio,

E. Enanalap Periyar, ICSSR Doctoral Research Fellow, Department of Criminology

G. S. Venumadhava, P.G Dept of Studies in Criminology and Forensic Science,

G. Sreeparvathy, Assistant Professor in Law, National Law University, Jodhpur, NH-65,

G. Subbaiyan, PhD Candidate, National Institute of Technology, Thanjavur Road

Geeta Sarkar, Assistant Professor of Political Science, Government Degree College,

Geetika Garg, Assistant Professor in Management, Harlal Institute of Management &

Grace Chee, PhD Candidate, Room 7 Human Ecology Building, Department of

Hannah Christopher, PhD Candidate, National Institute of Technology, Thanjavur

Helena Menih, Doctoral Scholar, School of Criminology and Criminal Justice, Mt

Hema Pandey, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

S. T. Janetius, Director, Centre for Counselling & Guidance, Sree Saraswathi

Jayachithira Bhaskar, Post Graduate in Law, School of Legal Studies, Cochin

Johan De Tavernier, Vice-Dean for International Relations, Faculty of Theology and

C. S. John Christopher, Holy Spirit College, Naamsestraat-40, 3000 Leuven, Belgium.

Johnson Ayodele, Faculty Member, Department of Sociology, Lagos State University,

Jomdet Trimek, PhD Candidate, Rangsit University International College,

Jyothi Vishwanath, Assistant Professor, Post Graduate Department of Studies in Law

Jyoti Bhakare, Associate Professor, Department of Law, University of Pune,

K. Jaishankar, Member Syndicate – MSU; President – SASCV, Senior Assistant

Ljiljana Stevkovic, Victimology Society of Serbia, Dositejeva 1a,11000 Beograd, Serbia.

C. Loganathan, Faculty Member, Government Law College, Tiruchirappalli, - 620 023,

Manisha Rajak, Undergraduate in Law, Kathmandu School of Law, Dadhikot-9,

Michael Bachmann, Assistant Professor, Department of Criminal Justice, Scharbauer

Mohammed Subhan Attar, Post Graduate in Criminology, The National Institute of

T.C. Mini, Director, Rathinam Institute of Management, Rathinam Tech Zone

Mona Gupta, Assistant Professor of English, Government Degree College, Sleemnabad,

Mukesh Kumar Thakar, Professor, Department of Forensic Science, Punjabi

Mukta Mane, Department of Law, University of Pune, Ganeshkhind, Pune-411007,

S. Murugesan, Faculty Member, Government Law College, Tiruchirappalli, - 620 023,

Mustafa Haji, Undergraduate in Law, NALSAR University of Law, Justice City,

Myrinda Schweitzer, Research Associate and Assistant Director of Corrections Institute,

V. Ramyakrishnan, PhD Candidate, KIIT School of Law, Campus XVI, KIIT