Effectiveness Of Gender-Based Violence Prosecution Frameworks
EFFECTIVENESS OF GENDER-BASED VIOLENCE PROSECUTION FRAMEWORKS
Gender-based violence (GBV) refers to harmful acts directed at individuals based on their gender. This includes:
Domestic violence
Sexual assault, harassment, and rape
Trafficking and exploitation
Online abuse targeting women or marginalized genders
Prosecution frameworks aim to:
Protect victims.
Hold perpetrators accountable.
Provide deterrence against gender-based crimes.
Ensure speedy justice and legal remedies.
1. INDIA
Legal Framework
Indian Penal Code (IPC)
Section 375–376: Rape
Section 354: Assault or criminal force against women
Section 498A: Cruelty by husband/relatives
Protection of Women from Domestic Violence Act (PWDVA), 2005
Provides civil remedies and protection orders.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Mandates Internal Complaints Committees (ICC) to address harassment.
Criminal Procedure Code (CrPC)
Sections 164 and 173: Recording of statements and investigation procedure.
Key Case Laws
1. State of Rajasthan v. Kashi Ram (2006) – Custodial Rape Case
Facts:
Victim was raped by police officers in custody.
Judgment:
Supreme Court upheld conviction under IPC Sections 376 and 354.
Emphasized strict enforcement against state actors committing GBV.
Effectiveness:
Demonstrated that frameworks can hold even law enforcement accountable, reinforcing deterrence.
2. Sakshi v. Union of India (2004) – Custodial Rape and Arrest Procedures
Facts:
Public Interest Litigation highlighting inefficiency in prosecuting custodial and institutional violence.
Judgment:
Supreme Court mandated proper investigation, medical examination, and fast-track courts for rape cases.
Effectiveness:
Led to institutional reforms, making prosecution frameworks more victim-centric and timely.
3. Vishaka v. State of Rajasthan (1997) – Workplace Sexual Harassment
Facts:
Female employees faced sexual harassment at workplace without effective legal remedy.
Judgment:
Supreme Court laid down Vishaka Guidelines for preventing workplace harassment.
Provided mechanism for complaints, investigation, and protection prior to specific legislation (later codified in 2013 Act).
Effectiveness:
Strengthened prosecution and preventive mechanisms in employment settings, showing judicial activism filling legislative gaps.
4. State of Uttar Pradesh v. Rajesh Gautam (2011) – Domestic Violence
Facts:
Husband accused of physical and mental cruelty against wife.
Judgment:
Court applied PWDVA 2005 to grant protection orders and directed criminal proceedings under IPC 498A.
Effectiveness:
Demonstrated integration of civil and criminal remedies for domestic violence victims.
5. Mukesh & Anr v. State for NCT of Delhi (2017) – Nirbhaya Case
Facts:
High-profile gang rape case in Delhi, highlighting systemic delays in prosecution.
Judgment:
Supreme Court upheld death penalty for convicted perpetrators.
Emphasized need for fast-track courts, victim protection, and rigorous investigation.
Effectiveness:
Landmark case demonstrating that strong prosecution frameworks can deliver justice even in complex GBV cases.
6. Lalita Kumari v. State of UP (2014) – Mandatory Registration of FIRs
Facts:
Victims of sexual assault were denied FIR registration.
Judgment:
Supreme Court directed mandatory registration of FIRs for cognizable offences, including sexual violence.
Police cannot delay or refuse registration.
Effectiveness:
Strengthened prosecution framework by ensuring timely initiation of legal action.
2. UNITED STATES
Legal Framework
Violence Against Women Act (VAWA), 1994
Federal funding for prosecution, victim protection, and shelters.
Clery Act and Campus SaVE Act
Addresses sexual assault in educational institutions.
Case Law
7. United States v. Turner (2010) – Domestic Violence and Cyber Abuse
Facts:
Defendant used online platforms to harass and threaten former partner.
Judgment:
Convicted under federal domestic violence statutes and cyber harassment laws.
Effectiveness:
Showed modern prosecution frameworks adapt to digital forms of GBV.
8. People v. Brock Turner (California, 2016) – Campus Sexual Assault
Facts:
College student convicted of sexual assault on campus.
Judgment:
Conviction upheld; raised national debate on sentencing adequacy.
Effectiveness:
Demonstrated that legal frameworks for campus assault exist, though sentencing discretion can impact deterrence.
3. UNITED KINGDOM / EUROPE
Legal Framework
Sexual Offences Act 2003 (UK)
Defines rape, sexual assault, grooming, and harassment.
Domestic Abuse Act 2021
Provides comprehensive protection and criminalization.
Case Law
9. R v. A (No. 2) [2001] – Sexual Assault and Evidence
Facts:
Complex case involving rape allegations and admissibility of prior evidence.
Judgment:
Court emphasized victim protection and evidence admissibility rules.
Effectiveness:
Strengthened prosecutorial success by clarifying how GBV evidence can be used in court.
10. R v. Ireland [1998] (ECtHR) – Psychological Harm as GBV
Facts:
Repeated harassment and psychological abuse by phone.
Judgment:
European Court of Human Rights held that psychological abuse constitutes torture/inhuman treatment under Article 3.
Effectiveness:
Expanded GBV prosecution beyond physical assault to mental and emotional harm.
KEY INSIGHTS ON EFFECTIVENESS
| Factor | Observation |
|---|---|
| Legal coverage | Comprehensive in India, US, and UK, including physical, sexual, and psychological harm. |
| Victim protection | Mechanisms include fast-track courts, protection orders, shelters, and workplace redressal. |
| Judicial activism | Courts fill legislative gaps (Vishaka Guidelines, Lalita Kumari case). |
| Challenges | Delay in prosecution, underreporting, digital harassment, socio-cultural barriers. |
| Outcome | High-profile cases show effectiveness when frameworks are enforced and evidence is robust. |
CONCLUSION
GBV prosecution frameworks are generally effective, especially when combined with victim-centric procedures, specialized courts, and legislative clarity.
Landmark cases in India (Nirbhaya, Vishaka, Lalita Kumari) demonstrate judicial activism improving enforcement.
Internationally, frameworks like VAWA (US) and Domestic Abuse Act (UK) illustrate multi-faceted approaches to GBV.
Challenges remain in reporting, cyber harassment, and timely justice, but the frameworks provide a solid legal basis for protection and accountability.
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