Blog Post
Does India need a separate law for crimes against women?
Whatever happens in Vegas perhaps does not remain in Vegas but has a pervasive effect on society and the world alike. However, it seldom brings any surprise to us until it is real or really sensational. Femicide is not a new term but might have been added to your thesaurus later. The term is very popular in many countries and is gaining popularity across the world. However, India keeps a bay from it and has alternate measures to tackle the concern. Yet there has been a rising demand for separate laws for crimes against women. Let’s dig deep to understand the global phenomenon and its impact.
Understanding Femicide:-It’s a kind of hate crime against women. This phenomenon takes place when hatred toward women culminates to such an extent that it results in killing her. Some of the nations have already made separate laws against such crimes, while a few are still finalizing them to bring them into reality. The European Institute of Gender Equality provides a vague definition of femicide as the killing of a woman or girl because of her gender and can have different forms of violence, such as murder of a woman as a result of intimate partner violence, torture, misogynist slaying, honor killing, etc. University professor Cecilia Menjivar of Minnesota and distinguished professor Shannon Drysdale Walsh of the University of Kansas used the word feminicide instead of femicide to highlight institutional violence, misogynistic, and discriminatory practices against women. That includes failure to provide prevention, protection, and prosecution, as well as actions such as direct action against sexual violence, threats, and targeting women leaders for persecution and police harassment.
However, the term was first used in 1801 by Irish writer John Corry in his book. Later on, it was used by feminist writer Diana Russell against extreme hate crimes against women.
Why does it matter?
Usually, hate crimes against women that lead to murder are viewed differently than usual murders or crimes because they originate from extreme hatred. On various accounts, having a relationship with someone of another religion or caste, wearing clothes of personal choice, and other such concerns that lead to committing crimes like murder are considered serious concerns and fall under the category of a serious crime. The National Crime Records Bureau of India reported 132 cases of female murders between 16 and 18 years, 3318 cases between 18 and 30 years, 2849 cases between 30-45 years, and 1150 cases between 45 and 60 years of age in 2021. total number of murders of females recorded as 29272 for 2021.
Year - No. of Femicides
2021 - 428278
2020 - 371503
2019 - 405326
As per the feminisminindia.com report, the surging graph of the femicide of 2021 includes a total of 7739 female murders, while a total of 8405 females and children were reported murdered for the same year. Most importantly, there were 284 cases of murder with rape and gang rape, 6753 cases of dowry death, 5292 cases of abetment to suicide, 136234 cases of cruality by husband and relatives, and 507 cases of domestic violence recorded in 2021. A research report by Queen Mary University of London reveals that most murders are confined to homicide cases alone, but it should also include cases such as female genital mutilation and other violent acts that cause death to females. The researcher believes that all such murders, whether done intentionally or not, are the outcome of gender-based violence. Setting a new benchmark Carebian country Costa Rica has redefined the definition of femicide and considers it a serious crime worthy of punishment. The new legislation provides for the provision of 20–25 years of imprisonment to the person in cases of murdering his partner or wife. In addition, the new legislation also has the provision to punish offenders who refrain their partners or wives from enjoying natural freedom. It is worth noticing that Latin America and the Caribbean are the worst-affected regions for feminicide.
A sense of security is a big challenge:- A startling report from India Today's “Women Peace and Security Index” for the year 2023 shows a gradual improvement in the country's ranking from 133 to 128 out of a total of 177 countries. Denmark and Switzerland have secured top places in the list, while Afghanistan falls to the bottom. Furthermore, the report shows a decline in the sense of security among females aged 15 and older. In 2017, 65.5% of Indian women reported feeling safe, which dropped to 58% in 2023.
The World Outlook: Latin America and Caribbean countries have already started framing the laws. However, barring a few European countries like Cyprus and Malta, where there is a separate law for femicide, America is also in the league to bring the bill against it. However, countries like Canada and India failed to pass a separate law against femicide. Croatia is the latest addition to the list that has made a law against femicide.
The big question: As mentioned above, most of the nation failed to redefine the crime of murder against women as a separate crime. As a result, such crimes fall under the category of murder and attract 10–12 years of imprisonment; on the other hand, in the case of homicide, the imprisonment gets double. Most importantly, such topics are subject to mutable discussion with experts and may also pose serious challenges to the judiciary and executive bodies for effective implementation of the law. As a result, various nations are keeping a bay from such legal concerns.
Conclusion:- UN Secretary General Antonio Guterres once said, “The most ubiquitous infringement upon human rights is the violence perpetrated against women and girls.” Today, when the economic parameters and growth are scaling new heights, the cases of femicide are surging, which not only pose a serious concern for the security of its citizens but also require an urgent need to be addressed carefully. A country like India, where the demographic divide is outpacing the all-time record, strongly demands a strong legal framework against femicide.
