A SYSTEMATIC STUDY OF THE INTERRELATIONSHIP OF CRIME AGAINST WOMEN AND VIOLENCE AGAINST SEX WORKERS AND RISK IMPLICATIONS OF HIV AIDS IN DELHI.
INTRODUCTION.
The ruthless rape of a twenty-three-year-old Delhi girl in the year ending of 2012 brought to light the stark reality of crime and violence against women[1]. Crimes that are said to be directed specifically against women where the woman alone is victimized are termed by way of “crime against women”[2]. Correspondingly significant is understanding what “violence against women “is so that the two concepts, crime against women and violence against women do not get mixed up. Abuse that includes misbehaving or aggression in any form is called violence against women[3]. Since peace and war, violence and crime have been a long problem. These episodes range from slight mocking towards murder & Rape, all such episodes are home-based, on roads, in jails, at the workplace. To keep it short, crime takes place everywhere.[4] The number of crimes against women which are reported is few and even fewer are prosecuted and a negligible number of accused are punished. Women have more chances to be offended than men because they have an inferior position in society and women are such who are considered to be easily dominated. People like to dominate the will of other person and it is more fun when the prey is a woman. Even though there have been a lot of efforts to upgrade the position of women but the condition remains the same. Women tolerate various forms of humiliation, discrimination, domination, etc. Women being exploited is practically ubiquitous. While studying crime and violence, one comes across innumerable problems. The very first problem is that we don’t know what should come under crime and violence against women and what should not. Women of all ages no matter what the socioeconomic status becomes the sufferer, even though the nature of crimes against them varies based on their background and age. There are many cases of crime and violence against women that happen but half of them are unobserved and unseen due to numerous reasons. When violence takes place at home, it is known as “Domestic Violence” besides the victims of such violence are the children, parents, spouse, servants etc. It involves different forms of violence like kicking, shoving, throwing objects, restraining, hitting etc. Manu, who is a Hindu Sage sentenced females to everlasting oppression. Women who were not able to produce a healthy child were destroyed by Spartans. Not only this but even the most glorious and cultured and decent empire of Rome grants no legal rights to its women. In Rome men were in a dominating position as they dominated their wives and were treated as slaves.[5] Rousseau and Aristotle stated qualities like femineity, shyness, and quietness to be the qualities of a woman and normal for this gender. This is a vagrant example but Plato did acknowledge women with equal status in his Democracy[6]. The socialist thinkers like Engels, Karl Marx, and others alleged that equally productive women and free members of society have transformed into inferior wards and wives. Also, Hobbes and Locks, who were the promoters of equality gave an inferior position to the female sex.
With the help of the above graph, we can understand that Delhi has the highest number of rape cases. The graph mentioned below shows the number of rape cases and cases of kidnapping from 2012 to 2018.
Violence against sex workers is another problem. Sex workers are women who engage themselves in voluntary and consensual sex for money or for their livelihood In India, sex workers are seen as criminals and not as citizens.[7] This has on a large scale violated the fundamental rights of the right to life, equality, dignity, protection, etc. Many factors put sex workers at risk of violence. They face violence from their family members as well as from their intimidating partners. Sex workers face disproportionate levels of violence which include- rape, extortion, sexual assault, police abuse, harassment, abuse from intimidating partners, agents and clients, public authorities, and local neighbors.[8] Violence is a factor that affects the vulnerability of sex workers to HIV, assault, and abuse by non-state and state actors, sexually transmitted infections, etc. They often find themselves in situations that intensify the danger of violence. Prostitutes are thirteen times the additional risk of HIV than the general population.
Swami Shraddhan Marg is a place in Delhi that has the highest number of brothels in Delhi. It is popularly known as G.B. Road. Delhi is an advanced city, many females, as well as males from multiple states, come to Delhi to have an improved life. Ministry of “women and child development” conducted a survey through which we understood that a total of 442 sex workers was surveyed and among them, 142 belonged to Andhra Pradesh. Many women were from neighboring countries like Nepal and Bangladesh work in Delhi brothels. [9]
The paper shall be dealing with crime against women, violence against sex workers, and the risk implications of HIV aids. All this shall be dealt with in respect of crimes which took place in “Delhi”. Crimes such as rape, murder, dowry death, torture and cruelty, harassment, kidnapping and abduction, sexual harassment, etc. will be dealt with. The researcher will be analyzing various case laws and incidents of crime against women. The researcher shall be covering offenses which are in IPC, 1860 (Molestation, Mental and physical torture, marriage related offenses, Rape, dowry death, trafficking, prostitution, acid attack, Honour killing, Kidnapping, Abduction). Another aspect that will be dealt with in the paper is violence against sex workers and how do they face violence by numerous people. Sex workers are exposed to HIV as they indulge in sexual intercourse more than any general person. Therefore, understanding the life and health issues of sex workers is important. The researcher will analyze incidents of violence against sex workers. Various suggestions and recommendations to stop crime, violence, and the spread of HIV shall be given. The researcher shall also discuss the laws which have special provisions in concern of safety and protection of women.
ANALYSIS
DELHI HOLDING TITLE OF UNSAFE CITY
Delhi’s image as a safe city has been dented because of crime-related incidents that happen time and again. After dusk hours, women and young girls do not prefer to come out of their homes. People do not want women and children of the house to go out when the market closes and there is absolute darkness and silence. The most saddening part of Delhi is that it is the National Capital, reaching law & order in case of crime is troublesome and inconvenient.[10]
In research by POSCO, we found that 63% of rape crimes took place and the targeted group was that of innocent children. In 2018-19, the kidnapping and abduction rate of children was 94% also 70% were young girls who were kidnapped. From 2014 to 2019, the crime rate of rapes dropped by 6%, and 30% fall in molestation cases. This has been reporting submitted by RTI.[11]
Every single citizen must be cognizant about their environment and the crimes so that they can timely report the wrongful deeds that happen. And for this timely meeting conducted by police committee must take place,[12]
The above-mentioned image shows the crime against women from the year 2017- 2019
· In 2017, the highest number of crimes that took place against women and children is kidnapping at 77 cases. Attempt to murder and dowry death remains the lowest at 2.
· In 2018, Kidnapping remains the highest committed crime at 83 cases and dowery death remains the lower crime at 5.
· Kidnapping remains highest in 2019 as well with 38 cases and 1 case of dowry death.
Therefore, through this data, we understood that kidnapping young girls and women remain the highest crime against women, and dowry death is the lowest.
DATA WAS COLLECTED THROUGH A SURVEY CONDUCTED BY ME.
SEE full Paper for data and table
The answers recorded above were collected through a survey and the recorded answers are the ones that are agreed by the high percentage of students.
PROSTITUTION IN DELHI: THE OLDEST PROFESSION
K. Davis in 1937 quoted a hard question from the point of view of economic return is that “Why so many women indulge in prostitution but why only a few of them do”
From the birth of organized society, prostitution has been practiced and is the oldest practiced profession. They are called names like Thilothamma, Urvashi, Rambha, and Menaka. Prostitution existed even under historical rulers like Pandavas and Kauravas. In Brahminic India, the aristocracy of harems was possessed by both dynasties. Even Kautilya’s famous Arthasasthra stated rules for prostitution and the way prostitutes must behave. Also, people who were seeking their favors had to follow a code of conduct. The noted Indian sage of the Third century B.C, Vatsyayan wrote numerous pages on the activity of prostitution and method of living in his treatise Kamasutra. For their practice of trade activities, certain rules and conditions have also been laid down. In the Sanskrit words of Kalidas, prostitution was sanctified in the 3rd century A.D.[13]
The system of holy prostitution and Mahakala of Ujjain was attached to religious prostitution and became very common.
[1] Sunipun, “Nirbhaya Gang Rape Case: A case study”, February 22 (2017) [2] R.N. Mangoli, “Crime Against Women in India: A Statistical Review”, IJCS Vol. 2, December (2009) [3] Gaurav Singh Rana, Rakesh Chaudhary, Manish Kaithwas, “A study on domestic violence”, December (2014) [4] Ravindra B. Ghooi, “Indian scenario of women facing violence” [5] Cobbold, Evelyn. “Women and their position in society”.193 [6] Rama Mehta, “Sociological review on position of Women”, Edu Publication, Delhi (1985) [7] Gaurav Singh Rana, Rakesh Chaudhary, Manish Kaithwas, “A study on domestic violence”, December (2014) [8] Liqun Cao, Edward R Maguire, “Tolerance of prostitution”, May (2013), 188-205 [9] Divish Gupta and Simrat Ahluwalia, “Sex Workers on G.B. Road: Economic Aspects and Prospects for Upliftment” [10] Divish Gupta and Simrat Ahluwalia, “Sex Workers on G.B. Road: Economic Aspects and Prospects for Upliftment” [11] Liqun Cao, Edward R Maguire, “Tolerance of prostitution”, May (2013), 188-205 [12] Gaurav Singh Rana, Rakesh Chaudhary, Manish Kaithwas, “A study on domestic violence”, December (2014) [13] Ibid 4
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Content writer:
Name: Simran Shadija
College: Symbiosis Law School, Hyderabad
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