Violence Against Women in India

Violence against women is a serious social and legal issue that can take many forms, including physical violence, sexual violence, domestic abuse, dowry-related harassment, stalking, cyber harassment, trafficking, acid attacks, and other forms of intimidation or exploitation.

India has several laws designed to prevent violence against women, punish offenders, and provide protection and remedies to survivors. The applicable law depends on the nature and circumstances of the incident.

What Is Violence Against Women?

Violence against women can include:

• Physical assault and domestic violence

• Rape and other sexual offences

• Sexual harassment

• Stalking and unwanted contact

• Dowry-related harassment

• Cruelty by a husband or relatives

• Acid attacks

• Human trafficking

• Cyberstalking and online harassment

• Threats, intimidation, and other forms of abuse

Some incidents may involve more than one offence and may therefore attract multiple legal provisions.

Important Laws Protecting Women

1. Bharatiya Nyaya Sanhita, 2023

The Bharatiya Nyaya Sanhita (BNS), 2023 is the principal criminal law replacing the Indian Penal Code. It came into force on 1 July 2024.

The BNS contains specific provisions concerning offences against women, including rape, sexual harassment, assault, stalking, voyeurism, dowry death, cruelty by a husband or his relatives, and other offences. (indiacode.nic.in)

2. Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act, 2005 provides protection to women facing domestic violence.

The Act recognises different forms of abuse, including physical, sexual, verbal, emotional, and economic abuse. Depending on the circumstances, courts may provide remedies such as protection orders, residence orders, monetary relief, custody orders, and compensation. (indiacode.nic.in)

3. Sexual Harassment of Women at Workplace Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, provides a framework for preventing and addressing sexual harassment at workplaces.

Covered workplaces are required to have mechanisms for receiving and addressing complaints, including an Internal Committee in circumstances specified by the Act. (indiacode.nic.in)

4. Dowry Prohibition Act, 1961

The Dowry Prohibition Act, 1961 prohibits the giving, taking, and demanding of dowry, subject to the provisions of the Act.

Dowry-related harassment may also involve offences under other applicable criminal laws. (indiacode.nic.in)

What Should a Woman Do If She Faces Violence?

Step 1: Ensure Immediate Safety

If there is an immediate threat, move to a safe location if possible and seek assistance from trusted people or the appropriate authorities.

Do not put yourself at additional risk by confronting a violent person.

Step 2: Seek Medical Assistance

If there are injuries or other health concerns, obtain medical attention promptly. Medical records may also become relevant to legal proceedings.

Step 3: Preserve Evidence

Keep relevant evidence safely, including:

• Photographs of injuries

• Medical records

• Messages and emails

• Audio or video material

• Call records

• Social-media communications

• Financial records

• Details of witnesses

• Other relevant documents

Do not fabricate, alter, or destroy evidence.

Step 4: Report the Incident

Depending on the nature of the offence, a woman may approach the police, an appropriate complaint mechanism, a court, or another competent authority.

For workplace sexual harassment, the POSH Act provides a separate complaint mechanism through the Internal Committee or Local Committee in the circumstances specified by law.

Step 5: Seek Legal Assistance

A qualified lawyer can explain the applicable law, complaint procedure, protection available, bail-related issues, court proceedings, and other legal remedies.

Women who are eligible may also seek assistance through the legal-services system.

What Precautions Should Women Take?

• Keep important documents and evidence secure.

• Save threatening or abusive messages.

• Keep copies of complaints and important legal documents.

• Avoid confronting a dangerous person alone.

• Tell a trusted person about serious threats or ongoing abuse.

• Change passwords and improve account security if online harassment is involved.

• Avoid sharing sensitive personal information publicly.

• Do not delete potentially relevant digital evidence.

• Do not sign legal documents without understanding them.

• Seek professional assistance when the situation involves serious violence or legal consequences.

What If the Violence Occurs at Home?

Domestic violence should not be treated as a private matter that must simply be tolerated. The Domestic Violence Act provides legal protection and remedies in circumstances covered by the law.

A woman may seek assistance from appropriate authorities, protection officers, service providers, legal-aid organisations, or courts depending on her circumstances. (indiacode.nic.in)

What If the Violence Happens Online?

Online abuse can include stalking, threats, impersonation, sexual harassment, publication or transmission of unlawful material, and other forms of cybercrime.

Preserve screenshots, URLs, usernames, messages, emails, and other relevant information. Cybercrime can be reported through the Government of India’s National Cyber Crime Reporting Portal.

National Cyber Crime Reporting Portal

Role of Society

Preventing violence against women is not solely the responsibility of law-enforcement agencies. Families, educational institutions, workplaces, communities, and public authorities all have a role.

Society should encourage women to report abuse, discourage victim-blaming, support survivors, and promote respect, equality, and personal safety.

Remember

No woman should have to tolerate violence, abuse, threats, or harassment in silence.

India’s legal framework provides different protections and remedies depending on the nature of the violence. The BNS addresses various criminal offences, while specialised laws such as the Domestic Violence Act, POSH Act, and Dowry Prohibition Act address specific forms of abuse and harassment.

Stay safe. Preserve evidence. Seek support. Report violence through lawful channels. Know your rights.

This article is intended for general public awareness and is not a substitute for case-specific legal advice. The applicable law and available remedies depend on the facts and circumstances of each case.