Discuss how gender-based violence in India is a manifestation of patriarchal values. To what extent has modernisation in law served as an instrument of women's empowerment in this regard?

The recent case of sexual crime against a doctor in West Bengal showcase that the patriarchal values leading to gender based violence in the country. According to NCRB, gender based violence has increased in the country.

Gender based violence — manifestation of patriarchal values

Types:

Gender based violence — manifestation of patriarchal values

i) Due to female infanticide → due to son-need preference

ii) Violence on wives/newly weds → demands of dowry

iii) Patriarchal attitude of male supremacy → domestic violence / marital rape

iv) Desertion of dominance → heinous crime of rape

v) Anonymity offered by digital media → cyberstalking and harassment

vi) Low female representation in politics due to patriarchy → less discussion on gender issues → increased women vulnerability

vii) Low economic empowerment of women → decreased confidence to raise voice

Modernisation in law as instrument against gender violence ↑

Domestic Violence Act

Medical Termination of Pregnancy Act

IT Act 2000

POSH Act

Downy Prohibition Act

These modern acts have led to:-

i) Increased economic empowerment of women

Reporting of crime against women increase

Increased ambit of violent activities — dowry, cyberstalking etc.

Strict punishment for women crimes

Other measures such as:-

(a) Nari Shakti Vandal Adhikaram — to improve political representation of women

(b) Bharatiya Nyaya Sanhita — to provide punishment against newer crimes

Despite stringent punishment, there are some lacunas:-

Focus on retribution rather than women empowerment

Low emphasis on education regarding gender equality

Marital rape still not considered crime

Low women representation in judiciary and legislature (7%: in both LS)

There is a need to change patriarchal attitude. Practice of 'Sanyam Stri' defil women reservation in PRs showcases the extent of it. Education is a great means to achieve the SDG 5 of gender equality.

ii) Poverty - hindering the ability to avail opportunities

iii) Religious disabilities put on people - NEET ~97% employed as manual scavengers are SCs.

iv) Illiteracy and lack of educational institutes

v) Gender discrimination - patriarchal society prohibiting women empowerment - glass ceiling, pink collar jobs

vi) Caste-based politics - generating caste consciousness and reducing equality and fraternity in society

Education can play a major role in social mobility as it can help in following ways:

Other factors for social mobility:

Education helps in breaking the shackles of rigid social structure allowing for social mobility.

Intergenerational equality is one of goal under sustainable development (SDG10) and it is also seen in the government policy such as Sarva Shiksha Abhiyaan to gain education as means of achieving this.

— Aditya Agarwal