Gender Based Violence In India:
Addressing Legal And Social GAPS
International legal servicesLegal advice
Gender-Based Violence (GBV) refers to harmful acts directed at individuals based on their gender, and it is a widespread problem that transcends borders, cultures, and social strata. GBV is a reflection of underlying gender inequalities, and it perpetuates cycles of power imbalances. It can take numerous forms, including physical, sexual, emotional, and psychological abuse.
While women and girls are disproportionately affected by GBV, men, boys, and non-binary individuals are also at risk. It is important to recognize that GBV not only harms the individuals directly involved but also disrupts communities, undermines social cohesion, and hampers development. GBV is often rooted in deeply entrenched societal norms, making it a complex issue that requires comprehensive legal, cultural, and societal responses to address.
Historical Background
Ancient and Medieval India
In ancient and medieval India, patriarchal systems were firmly in place, and gender-based violence was normalized as part of the social structure. Ancient texts, such as the Manusmriti, which was widely influential, codified the subjugation of women. These texts prescribed strict gender roles, positioning women as inferior to men and placing them under the control of their fathers, husbands, and sons. Women's lives were primarily focused on managing domestic responsibilities, and their worth was often determined by their ability to bear sons or uphold family honor.
Harmful practices were entrenched in society during this period, such as child marriage, where girls were married at very young ages to maintain societal norms of chastity and propriety. Sati (the practice of widows self-immolating on their husbands' funeral pyres) was seen as a demonstration of extreme loyalty to deceased husbands, although it was forced upon widows and often resulted in violent deaths.
Similarly, female infanticide was widespread, with daughters being killed at birth due to the perceived economic burden of the dowry system. Women's sexual autonomy was restricted, and their bodies were treated as symbols of family and community honor. This belief system led to practices like honor killings, where women who defied norms, especially in the context of marriage and relationships, were killed to "restore" the family's honor.
Additionally, some religious practices, such as the devadasi system, institutionalized sexual exploitation under the guise of religious duty. Young girls were dedicated to temples, where they were often subjected to sexual abuse and exploitation, making the devadasi system a clear form of gender-based violence cloaked in spiritual practices.
In India, as Jan Huygen van Linschoten
wrote in the 16th century in The Voyage of J H van Linschoten to the East
Indies: Linschoten describes the Indians as “the most leacherous and unchaste
nation in all the orient, so that there are verie few women children (girls)
among them of seven or eight yeares old, that have their maiden-heades.” (i.e.
virginity).
I have always wondered when child sex abuse became a normal part of Indian society. Van Linschoten makes it clear that it started more than 450 years ago. The Manusmriti seems to reveal that the attitude toward girls and women goes right back to the very beginning of Indian civilization.
Colonial India (1757–1947)
The colonial era, particularly under British rule, saw both a continuation and transformation of the patriarchal structures that contributed to GBV in India. British authorities did not necessarily challenge existing gender norms but rather reinforced them while introducing new forms of exploitation. Colonial rule led to increased violence against women, with many being subjected to sexual violence by British soldiers and authorities, particularly during uprisings like the Revolt of 1857, where women were brutalized as part of colonial repression.
Social reform movements in the 19th century, however, began to challenge the entrenched practices of GBV. Reformers such as Raja Ram Mohan Roy and Ishwar Chandra Vidyasagar advocated for the abolition of practices like sati and promoted the rights of women. The abolition of sati in 1829, under British Governor-General Lord William Bentinck, was a major step forward. This was followed by the Widow Remarriage Act of 1856, which legalized the remarriage of widows, a practice that was traditionally prohibited in Indian society. However, despite these reforms, many women continued to suffer under the exploitative and patriarchal norms that remained pervasive during colonial rule.
Colonial economic policies also exacerbated the vulnerability of women, particularly during famines and economic hardships. Many women were pushed into exploitative labor conditions or prostitution due to widespread poverty. Additionally, trafficking of women for sexual exploitation increased during this period as families, particularly those from marginalized communities, were forced to sell daughters in exchange for survival during times of crisis.
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